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HomeMy WebLinkAboutCouncil Actions 11-20-89Fitzpatrick (29848) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL November 20, 1989 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order ~- Roll Call. All Present. The invocation will be delivered by The Reverend James Po Beatty, Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia. Present The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Presentation by Council Member Elizabeth T. Bowles. Mrs. Bowles presented the Mayor with a Resolution adopted by the Virginia Municipal League expressing appreciation for the Mayor's leadership as President of the Virginia Municipal League from September 1987 to September 1988. Introduction of special guests. Mayor Noel C. Taylor. The Mayor and Members of Council welcomed guests from Roanoke's Sister City of Wonju, Korea and presented gifts. o CONSENT AGENDA (Approved 7-0) ALL .V~ATTERS 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. C-1 A report of the City Manager requesting an Executive Session to discuss and consider a matter relating to the use of real property for public purpose and the disposition of publicly held property, specifically the use and disposition of such properties in connection with potential downtown development, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss and consider a matter relating to the use of real (1) C-2 C-3 property for public purpose and the disposition of publicly held property, specifically the use and disposition of such properties in connection with poten- tial downtown development, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. A communication from Ms. Sharon L. Carrington, General Registrar, transmitting a certified copy of the Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, November 7, 1989, for the positions of Governor, Lieutenant Governor, Attorney General, Member of the 16th District of the House of Delegates, Member of the 17th District of the House of Delegates, Commonwealth's Attorney, Sheriff, Commissioner of Revenue, and Treasurer. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Loretta Bo Williams as a member of the Youth Services Citizen Board for a term ending May 31, 1992. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from Council Member David A. Bowers with regard to the Hunter Viaduct and the Downtown Office Tower Project. six The following motions were lost pursuant to a vote of nays and one yes: 1. That the Jefferson Street Leg of the Hunter Viaduct be retained. 2. That an evening public hearing be conducted in the Exhibition Hall of the Roanoke Civic Center in order for citizens once again to express themselves on the issue, and delay any further action until that time. 3. That a referendum be held on any expenditures of public funds for the Tower project. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: (2) o 6o A report recommending that Council accept the MacArthur Foundation gift of a video collection valued in excess of $7,000.00; and authorize the City Manager or his designee to execute necessary documents accepting the grant for the Roanoke City Public Library. Adopted Resolution No. 29648-112089. (7-0) A report in connection with additional funding for the Fifth District Employment and Training Consortium. Adopted Ordinance No. 29849-112089. (7-0) A report with regard to emergency repairs to a storm drain that collapsed in the 200 block of Oaklawn Avenue, N. E., and at the intersection of Trinkle Avenue and Williamson Road. Adopted Ordinance No. 29850-112089 and Resolution No. 29851-112089. (6-0, Mr. Musser was out of the Council Chamber.) A report concurring in a report of a bid committee recommending that Council accept the bid of Syndor Industrial Services, Inc., to furnish and deliver one power sweeper/scrubber to the City, in the amount of $20,764.70; and appropriate $20,764.70 in connection with said purchase. Adopted Ordinance No. 29852-112089 and Ordinance No. 29853-112089. (7-0) A report with regard to re-endorsement of the loan by Virginia Housing Development Authority of funds to individual rental property owners in support of the 1988 Rental Rehabilitation Program. Adopted Resolution No. 29854-112089. (7-0) Council adopted a measure to convene in Executive Session pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. (6-1, Mr. Bowers voting no.) The Mayor declared the meeting in recess at 3:45 p.m. Tho meeting reconvened at 4:30 p.m. Certification of Executive Session. (7-0) A report with regard to various agreements related to proposed development in the downtown area at the intersection of Jefferson Street and Salem Avenue, pertaining to the downtown office tower and parking garage. (3) Adopted Ordinance No. 29855-112089, Resolution No. 29856-112089, Ordinance No. 29857 on first reading, Ordinance No. 29858 on first reading, Ordinance No. 29859-112089 and Ordinance No. 29860-112089. (6-1, Mr. Bowers voting no.) e Adopted Resolution No. 29861-112089 authorizing a revo- cable permit to Blue Cross and Blue Shield of Virginia for the attachment or installation of certain holiday decorations to certain City owned trees in Key Plaza. (7-0) 6. Reports of Committees: A report of the committee appointed to tabulate bids received for replacement of treatment equipment and appur- tenances at the Falling Creek Water Plant, recommending award of a Phase (1) contract to Acorn Construction, Ltd., in the total amount of $246,881.00; and appropriation of funds therefor. Council Member Robert A. Garland, Chairman. Adopted Ordinance No. 29862-112089 and Ordinance No. 29863-112089. (7-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29837, on second reading, amending certain conditions proffered in conjunction with the rezoning of two parcels of land located on Hawthorne Road, N. W., con- taining 0.253 and 0.217 acre, described as Lots 4A and 5A, Airlee Court, Official Tax Nos. 2190408 and 2190409. Adopted Ordinance No. 29837-112089. (7-0) Ordinance No. 29838, on second reading, rezoning a tract of land lying in Block 23, Lot 1, Washington Heights, Official Tax No. 2761501, containing .15 acre, more or less, located at 3834 Virginia Avenue, N. W., from RS-3, Residential Single Family, Medium Density District to C-1, Office District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 29838-112089. (7-0 Ordinance No. 29839, on second reading, rezoning a tract of land containing 1.55 acre, abutting an industrial district, located at 1015 Georgia Avenue, N. E., described as Lots I - 8, inclusive, Block 6, Fairmont, Official Tax No. 3061401, from RM-1, Residential Multi-Family, Low Density District, to C-1, Office District, subject to certain con- ditions proffered by the petitioner. Adopted Ordinance Ho. 29839-112089. (7-0) (4) Ordinance No. 29840, on second reading, permanently discon- tinuing an alley 25 feet wide, and approximately 656.75 feet long, alongside the western border of property located at 929 Mountain View Terrace, S. ~., along the back pro- perty lines of those property owners on the west side of said alley, and leading from Mountain View Terrace into Norwich Park, as a public right-of-way and transferring the real property formerly dedicated a public right-of-way to the control of the Parks and Recreation Department of the City of Roanoke. Adopted Ordinance No. 29840-112089. (7-0) A Resolution cancelling the meeting City of Roanoke scheduled for Monday, 2:00 p.m. of the Council of the November 27, 1989, at Adopted Resolution No. 29864-112089. (7-0) 10. 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Council. b. Vacancies on various authorities, boards, committees appointed by Council. Other Hearings of Citizens: Mr. Bill Valentine addressed a matter regarding of the Hunter Viaduct. Members of City commissions and the demolition The Reverend Carl T. Tinsley, representing residents of the Gainsboro area, requested Council's assistance with regard to elimination of a serious drug problem in Gainsboro. (5) Roanoke, Virginia November 20, 1989 The Honorable Noel C. Taylor, Mayor and Members of Roanoke city Council Roanoke, Virginia Dear Mayor Taylor and Council Members: I request that Council convene in Executive Session to discuss and consider the use of real property for public purpose and the disposition of publicly held property, specifically the use and disposition of such properties in connection with potential downtown development, pursuant to Section 2.1-344(A)(3), Code of Virginia (1950), amended. Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Office of the City Clerk November 22, 1989 File #40 Ns. Sharon L. Carrington General Registrar RoanoKe, Virginia Dear ~4s. Carrington: Your communication transmitting a certified copy of the Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, November 7, 1989, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 20, 1989. On motioa, duly seconded and unanimously adopted, the com- munication and abstract of votes were received and filed. Sincerely, ~ary F. Parker, C~C City Clerk ,~FP:ra Room 456 Municipal Suilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 GENERAL REGISTRAR Sharon L. Carrlngton November 10, 1989 P. O. BOX I O95 ROANOKE, VIRGINIA 24005 (703) 981-2281 Mary F. Parker, City Clerk 215 Church Ave., S. W. Room 456, Municipal Buildin§ Roanoke, VA 24011 Dear Mrs. Parker: Please find attached one copy of the abstract of votes cast in the General Election held in the City of Roanoke on November 7, 1989 and certified by the Roanoke City Electoral Board as required Thank you. G~IL~e~~ City of Roanoke by law. Roanoke , Virginia ABSTRACT OF VOTES cast in the ~e~t-p/City of at the General Election held on November 7, 1989 for: GOVERNOR OF VIRGINIA Names of Candidates Total Votes Received (In Flg~es) J. MARSHALL COLEMAN L. DOUGLAS WILDER Caldwe] 1 Butler 11,484 16,590 Dudley Buz Emick 1 Ray Garland 1 Joel Kell~ Hartman 1 Neil McNally I We, the undersigned Electoral Board, upon examination of the official records deposited in the office of the Clerk of Circuit Court of the election held on November 7, 1989, do hereby certify that the above is a true and correct Abstract of Votes cast at said General Election for Governor of Virginia. Given under our hands this ninth day of November, 1989. A copy teste: Chairman Vice Chairman Secretary Secretary, Electoral Board Names of Candidates Stan Parris Pat Pulsen Frank Stewart Robertson Paul Tri~l~ ~ John Turbyfill Jim Turne,¥ George Welsh Total Votes Received (In Figures) 1 Roanoke , Virginia ABSTRACT OF VOTES east in the C-~m~/City of at the General Election held on November 7, 1989 for: LIEUTENANT GOVERNOR OF VIRGINIA Names of Candidates Total Votes Received (~n Flg~es) EDWINA P."EDDY" DALTON DONALD S. BEYER, JR. Clarke Crosb.¥ Joel Kelly Hartman Unknown 10m231 17,333 We, the undersigned Electoral Board, upon examination of the official records deposited in the office of the Clerk of Circuit Court of the election held on November 7, 1989, do hereby certify that the above is a true and correct Abstract of Votes cast at said General Election for Lieutenant Governor of Virginia. Given under our hands this ninth day of November, 1989. A copy teste: Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES east in the Cou~.y/City of at the General Election held on November 7, 1989 for: Roanoke , Virginia AT'I~RNEY GENERAL OF VIRGINIA Names of Candidates Total Votes Received (~J~ Flgure~ ) JOSEPH B. BENEDETTI MARY SUETERRY Joel.Kelly Hartmon William Redpath Unknown 7,841 19,888 f~ontlnue on re~ez~e ~/de, 1.~ needed) We, the undersigned Electoral Board, upon examination of the official records deposited in the office of the Clerk of Circuit Court of the election held on November 7, 1989, do hereby certify that the above is a true and correct Abstract of Votes cast at said General Election for Attorney General of Virginia. Given under our hands this ninth day of November, 1989. A copy teste: Chairman Vice Chairman Secretary Secretary, Electoral Board AB.STRACT OF VOTES cast in the Co~wnt~ /City of Raannga at the General Election held the first Tu~clay after the first Monday in November, 19..8.9._, for , Virginia, - ~IVYEMBER OF THE HOUSE OF DF.I.EGA'I'~ 16th DIglRiCT Name~ of Candidate~ fin Clifton A. "Chip" Woodrum ,10,597 David Bromm 1 Ray Garland Barry Hartman Pat Paulsen Wayne R~illv Paul Trible James Turner (continue on reverse side, if needed) We, the undersigned Electoral Board, upon ~xz~mination of the official records deposited with the Cleric of the Circuit Court of the election held on November 7 , 19 89 , do hareby certOry that the above is a true and correct Abstract of Votes cmt at mid election for Member of the Hoawe of Delegates. Given under our hands this ninth day of November, 1989. 1: -7, Chairman Vice Chairman ,S~cfelary S~cretary, F_Jectoral Board A BS. TICA CT OF VOTES cast in the'~omtty /City of Rna nn k ~ at the General Election held the fa'st Tuesday after the first Monday in November, 19 89 , for · Virginia, - -M~MBER OF THE HOUSE OF DE!.EGATES 17th DIST~CT Na~es of Ca.ndidmes A. Victor "Vic" ThnmnS Parthenia Fields Hound Dog Senior (lB F'll~ns) 8.gR7 (continue on reverse side, if needed) We, the undersigned Electoral Board, upon examination of the official recorch deposited with the Clerk of the Circuit Court of the election held on November 7 , 19 89 , do hereby cert~y that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this copy te~te: ninth day of November, 19Rq ~ Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the Cxntmy/City of Rnannko at t't. ' oeneral election held on November 7 ,19 · Virginia, FOR Commonwealth's Attorney Names of Candidates Donald S. Caldwel] Total Votes Received (In 21.028 Parthenia Fields Marc Small (continue on ~vev'se s'lde, if needed) We, the undersigned Electoral Board· upon examination of the official records deposited with the Clerk of the Circuit Court of the election on November 7 , 19 80 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that the following receiv- ed the greatest number of votes cast in said election: for the office of Commonwealth's Attorney Given under our hands this n i n th A copy teste: dayof November ,19 89 Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the C-ou, nty/City of. Roanqkp at ~;e ?mn~,a ] election held on Nowmber 7 ,19 8g , · Virginia· FOR Sheriff Total Votes Received Names of Candidates (In Fibula) J. L. "Jim" Phillips 6,630 W. Alvin Hudson, Jr. 19~408 W. Alvin Hi]d~on. ,/r. 1 (continue on ~eve~se side, t¢ needed) We, the undersigned Electoral Board· upon examination of the official records deposited with the Clerk of the Circuit Court of the election on Novemb~ r ? ,19 89 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that the following receiv- ed the greatest number of votes cast in said election: W. Alvin Hudson, ,)r. for the office of She ri ff Given under our hands this n i n th dayof. November ,19 89 Chairman Vice Chairman Secretary Secretary, Electoral Board A BS TRA CT OF VOTES cast in the Lv~U~y/City of att,'., qeneral election held on November 7 FOR- Commissioner of Revenue · 19 89 · Virginia, Names of Candidates Jerome S. Howard. Jr. David C. Anderson Total Votes Received (In Figures) 14,fiqq 10.723 (continue on t, everse s~cie, if neec~e~) We, the undersigned Electoral Board, upon exam/nation of the official records deposited with the Clerk of the Circuit Court of the election on Noveml~ r 7 ,19 89 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that the following receiv- ed the greatest number of votes cast in said election: Jerome S. Howard. Jr. for the office of Commissioner of Revenue Given under our hands this ninth day of Nnwmhne , 19 89 . Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the C'mmly/City of Roanoke at tl~e qeneral election held on November 7 ~ · 19 89 , Virginia, FOR Treasurer Gordon ~. Poter~ Parthenia Fiel~B Sharon FitzMmmons Names of Candidates Total Votes Received On Fi~u~) (continue o~ weverse s~de, tf needed) We, the undersigned Electoral Board, upon exam/nation of the off/cia/records deposited with the Cleric of the Circuit Court of the election on November 7 ,19 89 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do therefore determine and declare that the following receiv- ed the greatest number of votes cast in sam election: Gordon E. Peters for the office of Treasurer Given under our hands this n i n th day of November ,19 89 . Chairman Vice Chairman Secretary Secretary, Electoral Board Office of the City Cterk November 22, 1989 File #15-304 The Reverend Ulas ~. Broady, Youth Services Citizen Board 2204 Lynnhope Drive, ~oano~e, Virginia 24017 Chairman Dear Reverend 8toady: This is to advise you that ~s. Coretta 8. ~illiams has as a member of the Youth Services Citizen Board for a Hay 31, 1992. ,Sincerely, ~ ~ ~lary F. Parker, C~IC City Cier~ qualified term ending ,~FP:ra Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 0-2 Oath or Affirma¥10n of Office 8ta~ os Virginia, City os Roanoke, to I, £:~z'.~:c.i~ ~. ,~!.il~.~ii~ , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as · ~a~' 3!~ 1992. according to the best of my ability. Subscribed and sworn to before me, this help me God. Office of the City Clerk October 11, 1989 File #15-304 Ms. Loretta B. Williams 2731 Florida Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Williams: 4t the regular meeting of the Council of the City of Roanoke held on Monday, October 9, 1989, you were elected as a member of the Youth Services Citizen Board, for a term ending May 31, 1992. Enclosed you will find a Certificate of your election and an Oath or ~ffirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, So ~o Please return one copy of the Oath of Office to Room 456 in the Municipal ~uilding prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eric. pc: The Reverend Ulas S. Broady, Chairman, Youth Citizen Board, 2204 Lynnhope Drive, N. ~., Roanoke, 24017 Ms. Marion V. Crenshaw, Youth Coordinator Services Virginia Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COmmONWEALTH OF CITY OF ROANOKE VIRGINIA ) ) To-wi t: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the ninth day of October, 1989, LORETTA B. WILLIAMS was elected as a member of the Youth Services Citizen Board for a term ending May 31, 1992. Given under my hand and the Seal of the City of Roanoke this eleventh day of October, 1989. City Clerk Office of the Council November 16, 1989 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: At the regular meeting of Roanoke City Council scheduled for Monday, November 20, 1989, I will move the following: 1. That we retain the Jefferson Street Leg of the Hunter Viaduct. e Alternatively, that we have an evening public hearing to be held at the Exhibition Hall of the Roanoke Civic Center for our citizens to once again express themselves on this issue, and to delay any further action until then. 3. To call for a referendum on any expenditures of public funds for the Tower project. Thank you for your consideration of these matters. Sincerely, _ David A. Bowers Council Member DAB:fa DAB1 Room 456 Municipal Building 2t5 C~hurch Avenue, S.W. Roanoke, Virginia 2401 't (703) 98t-2541 Office of the City Clerk November 22, 1989 File #236-323 Hr. ~. Robert Herbert City ~anager Roanoke, Virginia Dear ~r. ~lerbert: I am attaching copy of Resolution No. 29848-112089 auti~oriziag appropriate City officials to execute appropriate documentation accepting a video collection of tapes from the John D. and Catherine T. Mac~rthur Foundation for the Roanoke City Public Library. Resolution No. 29848-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 20, 1989. Sincerely, ~ Nary F. Parker, CMC City Clerk ¥1~'P : ra Enc. pc: llr. James D. Ritchie, Director of Human Resources ~ls. Beverly A. Bury, City Librarian Room456 MunicipalBuilding 215Chu[ch Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of Novembe~ 1989. No. 29848-112089. VIRGINIA, A RESOLUTION authorizing the appropriate City officials to execute the appropriate documentation accepting a video collec- tion of tapes from the John D. and Catherine T. MacArthur Foundation for the Roanoke City Public Library. WHEREAS, the City accepted a grant from the John D. and Catherine T. MacArthur Foundation in the form of a video collec- tion valued at approximately $6,300.00, to be used by the Roanoke City Public Library in November, 1989; and WHEREAS, twenty-three video cassettes valued in excess of $7,000 were recently received by the Library from the Foundation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee is hereby authorized to execute the appropriate documents, in form approved by the City Attorney, accepting the generous gift of twenty-three video cassettes valued in excess of $7,000 from the John D. and Catherine T. MacArthur Foundation. ATTEST: City Clerk. November 20, 1989 Honorable Mayor Nqel Ct T~y~o~ ~d Members of City Co~c~ Roanoke, Virginia Members of Council: SUBJECT: GIFT OF VIDEOCASSETTES TO LIBRARY I. BACKGROUND A. The John D. and Catherine T. MacArthur Foundation II. is a private, independent, grant-making foundation created in 1978 for charitable and public service purposes. The Roanoke City Public Library applied for and was awarded an outright grant from The MacArthur Foundation of a video collection valued at approx- imately $6,300, which City Council accepted in February, 1989. CURRENT SITUATION A. Twenty-three (23) videocassettes valued in excess III. IV. of $7,000 were recently received by the Library. The videos are part of The MacArthur Library, a special collection of quality film/video produc- tions dealing with areas of MacArthur Foundation interests, such as health, peace and international cooperation, and world environment and resources. ISSUES A. Quality of library videocassette collection. B. Service to the public. ALTER/~ATIVES City Council authorize the acceptance of the video collection. Quality of library videocassette collection will be enhanced due to the subject matter and production quality of the videos. 1 Service to the public will be improved be- cause the Library will be able to meet user demands for information on the issues ad- dressed by these videos. Public performance rights are included with almost every title which allows the videos to be used in group showings in both the Library and the commun- ity where no admission is charged. Do not authorize acceptance of the video collection. ~uality of Library videocassette collection. Opportunity to enhance the Library's collec- tion will be missed. o Service to the public. User demands for information on issues addressed by these videos will not be met. Programming options will be limited. V. RECOMMENDATION City Council concur with Alternative A and accept the MacArthur Foundation gift of the video col- lection valued in excess of $7,000. Authorize the City Manager or his designee to ex- ecute the necessary documents accepting the grant for the Roanoke City Public Library. Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/BAB/jms cc: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Beverly A. Bury, City Librarian Office of the City Clerk November 22, 1989 File #60-246 ~r. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29849-112089 amending and reordaining certain sections of The 1989~90 Consortium Fund Appropriations, in connection with appropriation of the Consortium's new funding, in the amoun~ of $84,586.00, increasing the revenue estimate by $84,586.00, and transferring the remaining balance of $43,891.00 in fiscal year 1989 to certain new accounts. Ordinaace No. 29849-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 20, 1989. Sincerely, ~ ~ary F. Parker, C~IC C~ty Clerk MFP:ra pc: Mr. W. Robert Herbert, City ~anager Mr. James D. Ritchie, Director of Human Resources ~s. Carolyn H. ~arrett, Administrator, Fifth District Employment and Training Consortium, 425 ~est Campbell ~venue, Roanoke, Virginia 24016 Room~,56 MunicipalBuilding 215Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 1989. No. 29849-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Consortium 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 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - FY89 (1-10) ......................................- Fifth District Employment & Training Consortium - FY90 (11-40) ...................................... $ 2,183,513 1,206,369 Revenue Fifth District Employment & Training Consortium - FY89 (41) ......................................... Fifth District Employment & Training Consortium - FY90 (42-44) ...................................... 1) Wages 2) Fringes 3) Travel 4) Communications 5) Supplies 6) Insurance 7) Contr. Services 8) Leases 9) Equipment 10) Miscellaneous 11) Wages 12) Fringes 034-054-8960-8350) 034-054-8960-8351) 034-054-8960-8352) 034-054-8960-8353) 034-054-8960-8355) 034-054-8960-8356) 034-054-8960-8357) 034-054-8960-8358) 034-054-8960-8359) 034-054-8960-8360) 034-054-9060-8350) 034-054-9060-8351) $(17,648) 1,927) 752) 771 224) 50) 10,721) 8,678) 2,416) 2,246) 8,256 2,000 $ 2,183,513 1,206,369 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35 36 37 38 39 4O 41 42 43 44 Travel Communications Supplies Insurance Contractual Services Leases Equipment Miscellaneous Wages Fringes Travel Communications Supplies Wages Fringes Travel Communications Supplies Training Wages Training Fringes Training Travel Training Comm. Training Supplies VWCC - IR DSLCC IR Funding Authority Wages Fringes FDETC Contrib. FDETC Contrib. Contributions From Other Loc. Title IIA Revenue - EDWAA (034-054-9060-8352) $ 4,000 (034-054-9060-8353) 4,300 (034-054-9060-8355) 3,000 (034-054-9060-8356) 6,000 034-054-9060-8357 034-054-9060-8358 034-054-9060-8359 034-054-9060-8360 034-054-9081-8010 034-054-9081-8011 034-054-9081-8012 034-054-9081-8013 034-054-9081-8015 034-054-9081-8030 034-054-9081-8031 034-054-9081-8032 034-054-9081-8033 034-054-9081-8035 034-054-9081-8050 034-054-9081-8051 034-054-9081-8052 034-054-9081-8053 034-054-9081-8055 034-054-9081-8192 034-054-9081-8232 034-054-9081-9990 034-054-9080-8350 034-054-9080-8351 034-034-1234-8976 034-034-1234-9076 7,000 6,000 1,335 2,000 9,225 1,378 400 300 250 3,723 556 150 2O0 200 37,360 5,582 200 300 250 111 2,966 18,617 2,452 366 (43,891) 43,891 034-034-1234-9080) 2,818 034-034-1234-9081) 81,768 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 Members of Council: November 20, 1989 ' SUBJECT: Funding for the Fifth District Employment and Training Consortium I. BACKGROUND The Consortium has been awarded the Economic Dislocat£on and Worker's Adjustment Act (EDWAA) Title iL[ funds, in the amount of $81~768.00 for the period July 1, 1989 to June 30, 1990, to provide basic readjustment and retraining services for dislocated workers as a result of plant closings and/or major company layoffs. Planned Programs include employablqJty development, Job Search/Placement, classroom training, On-the-Job Training (OJT), and reloca~n asaistance. 40 participants, at a minimum, are planned to be served throughout the Fifth Planning Distr~mt, with spe~al efforts targeted for the Alleghany Highlands and Roanoke City, at present. 3. Ae~ can request adHi~mnal funds for services as necessary, i-rom the Governor's Discretionary Funds, to serve adH~mnal par~pants if needed. .T. he jurisdic~ons in the Fifth Planning District, which include the m~s of Roanoke, Salem, Clifton Forge, and Covington, as well as the counties of Alleghany, Botetourt, Craig and Roanoke, were presented with an option to buy-in to the Consortium services, to offset an administrative d~M~ of the agency. The amounts were calc,,l~ted on an average of ~ve factors, relative to weighted vote of Poli~y Board m.e. mbers, population, ut0/zatJon, servlee costs, and the .e. conomica]ly disadvantaged population. Total am~ r~ved to date is $2 817.67, with additional dollars to be received in January, 1990. The City of Roanoke is the grant recipient for the Consortium funding. City Council must appropriate the funds for all grants the Consortium receives. $,62,257.00 of Consortium funds were available to provide administrative support in addison to Job Training Partnership Act (JTPA) funding. Only $18~365.00 was expended for this purpose. The unspent balance of $43~891.00 needs to be transferred to the FY'90 program from the FY'89 program. City Council Report November 20, 1989 Page 2 CURRENT SITUATION A. The Governor's Employment and Training Department (GETD) has sent to the Consortium Notice of Award (NOA) #E90-03-03 for EDWAA grant funds in the amount of $81~768.00 for the period July 1, 1989 - June 30, 1990. The jurisdictions of the Fifth Planning District have approved a buy-in to the operation of the Consortium in the amount of $2,817.67. $43~891.00 of Consortium appropriations need to be transferred for ut~zation, to the current budget year from the preceding budget year. ISSUES A. .program Oparat~ns B. Funding C. T~m~ng IV. ALTERNATIVES A. Appropriate the Consortium's new funding of $84,586.00 and increase the revenue estimate by $84,586.00 and transfer FY'89 remaining balances of $43~891 00 to new accounts to be established '~y the Director of Finance. Program Operation - Planned programs will be implemented and new programs w~l be in~mted by the Consor~um's Poli~y Board and Private Industry Council. Consortium s~-~ng levels will be maintained. Funding - Increased funding is av~ble from the grantor agency at no cost to the city. 3. Timing - Immed~ action w~l allow programs to be implemented and completed by required dates. City Council Report November 20, 1989 Page 3 Do not appropriate the Consortium's new funding of $84,586.00 and increase the revenue estimate by $84,586.00 and transfer FY'89 remaining balances of $43~891.00 to new accounts to be established by the D/rector of Finance. Program Operation - Planned and adH~mnal programs to serve par~pants would be curtailed. Consortium s~g would be reduced. 2. Funding - Not a factor. 3. ~ - Delay will cause late start-up of programs and under- expenditure of av~]mble funds. V. RECOMMENDATION JDR:kdh Approve Alternative A: A. Appropriate the Consortium's new funding of $84~586.00 and Lncrease the revenue estimate by $84,586.00 and transfer FY'89 remaining balances of $43~891.00 to new accounts to be established by the Director of Finance. Respectfully subm/tted, W. Robert Herbert City Manager cc: D/rector of Finance City Attorney Office of the City Clerk November 22, 1989 File #27 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear ,Ur. Herbert: I am attaching copy of Resolution No. 29851-112089 authorizing and ratifying emergency repairs to storm drains in the 200 block of Oaklawn Avenue, N. E., and the intersection of Trinkle Avenue and Williamson Road, for a total cost of $42,662.88, said repairs having been performed by Aaron J. Conner, General Contractor, Inc. Resolution No. 29851-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 20, 1989. Sincerely, City Clerk MFP:ra pc: Aaron J. Conner, General Contractor, Inc., P. O. Roanoke, Virginia 24017 ~r. Joel ~. 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 6ox 6068, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29851-112089. A RESOLUTION authorizing and ratifying emergency repairs to cer- tain storm drain facilities owned by the City. WREREAS, §41 of the City Charter authorizes the City ~anager in an emergency requiring immediate action to make emergency procurements of goods and services; and WHEREAS, the storm drain in the 200 block of Oaklawn Avenue, and the storm drain at the intersection of Trinkle Avenue and Williamson Road collapsed, basis, authorized THEREFORE, BE that: and the City ~anager has, on an emergency repairs to be made to such facilities. IT RESOLVED by the Council of the City of Roanoke 1. Emergency procurement by the City of repairs to the storm drains at the 200 block of Oaklawn Avenue, N.E. and the intersection of Trinkle Avenue and Williamson Road for a total cost of $42,662.88 by Aaron J. Conner, General Contractor, Inc., as more specifically set forth in the November 20, 1989, City Manager report to this Council are hereby authorized and ratified; 2. The City Manager and other appropriate City officials are hereby authorized to execute any necessary contracts or other documen- tation, in such form as is approved by the City Attorney, for such procurements; and 3. The Director of Finance is hereby authorized and directed to make requisite Payment to such firm for such emergency work. ATTEST: City Clerk. Office of the City Clerk November 22, 1989 File #60-27 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29850-112089 amending and reordaining certain sections of the 1989-90 Capital Fund Appropriations, providing for the transfer of $42,663.00 from Capital Improvement Reserve, Williamson Road Storm Drain, to Oaklawn Avenue/Trinkle Avenue Emergency Repair, in connection with certain emergency repairs to a collapsed storm drain in the 200 block of Oaklawn Avenue, N. E., and at the intersection of Trinkle Avenue and Williamson Road. Ordinance No. 29850-112089 was adopted by the Council of the City of Roanoke at a regular Meeting held on Monday, November 20, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eno. pc: ~r. W. Robert Herbert, City Manager ~r. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician ~r. Kit B. Kiser, Director of Utilities and Operations Room 456 Municipal Building 215 Church Avenue, $. W. Roanoke. Virginia 24011 (70.t)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 1989. No. 29850-112089. AN ORDINANCE to amend and reordain certain sections the 1989-90 Capital Fund Appropriations, and providing for emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. of THEREFORE, 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 Sanitation Oaklawn Avenue/Trinkle Avenue - Emergency Repair (1) ........................................ Capital Improvement Reserve Capital Improvement Reserve (2) .................... 1) Appropriations from General Revenue 2) Williamson Road Storm Drains (008-052-9645-9003) (008-052-9575-9179) $ 42,663 (42,663) $ 8,855,468 42,663 3,841,011 1,822,106 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Rbanoke, Virginia November 20, 1989 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Emergency Repairs Storm Drain Collapse 200 Block Oaklawn Avenue, N.E. and Intersection of Trinkle Avenue and Williamson Road I. ~ackground: Informational letter was submitted to City Council on August 16, 1989 advising Council of emergency repair work necessary to repair a storm drain collapse that occurred in the 200 block of Oaklawn Avenue, N.E. This letter is attached for reference. B. City Council was advised that Aaron J. Conner, General Contractor, Inc. was to be employed to perform the necessary repairs at an estimated cost of $25~000.00 but that the actual cost could not be identified more exactly until the collapsed area was excavated and conditions better known. C. ~ity Council was advised that a full report with documented costs would be presented to Council upon completion of the emergency repair work. Another storm drain collaps~ occurred at the intersection of Trinkle Avenue and Williamson Road immediately following the work on Oaklawn and Aaron J. Conner, General Contractor, Inc. was asked to move men and equipment to this location and per- form the same type of repairs to this area. Estimated cost for the Trinkle Avenue area was not antici- pated to exceed $10~000.00 but the actual cost is $10~177.13 and therefore requires a report to Council for approval. Page 2 II. Current Situation: Aaron J. Conner, General Contractor~ Inc~ has completed the emergency repair work both on Oaklawn and Trinkle Avenue and has submitted documented invoices to the City for payment· Total cost for both repairs is as follows: 1. 200 block of Oaklawn 2. Trinkle Avenue at Williamson Road $32,485.75 $10~177.13 $42,662.88 III. Issues in order of importance: A. ~n~ineerin$ and public safety concerns B. ~unds for payment IV. Alternatives: Authorize payment to Aaron J. Conner, General Contractor, Inc. in the amount of ~42~662.88 for work performed on an emergency basis, pursuant to Section 41 of the City Charter, at Oaklawn and Trinkle Avenue. Engineerin$ and public safety concerns have been met in that a satisfactory hydraulic profile of the existing storm drain in both cases has been re-established and a safety hazard to the traveling public no longer exists. ~unds are available in the current Capital Improvement Reserve - Williamson Road Storm Drain Account 008-052-9575-9179. ' Do not authorize payment to Aaron J. Conner, General Contractor, Inc. in the amount of .$42~662.88. 1. Engineerin~ and public safety concerns have still been met but other means of paying for the work performed in good faith will have to be sought. 2. Funds from the current Capital Improvement Reserve - Williamson Road Storm Drain Account will remain unchanged. Page 3 WRH/ES/mm Attachments: CC: V. Recommendation: Authorize the Director of Finance to transfer $42~662.88 from the current Capital Improvement Reserve - Williamson Road Storm Drain Account, 008-052-9575-9179, into a capital account to be established by the Director of Finance entitled Oaklawn Avenue/Trinkle Avenue - Emergency Repair. Authorize the implementation of Alternative "A" to pay Aaron ~. Conner, General Contractor, Inc. the sum of $42~662.88 for the repair work performed on Oaklawn and Trinkle Avenues. Respectfully submitted, W. Robert Herbert City Manager Informational Letter Copies of Invoices City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician Honorable Mayor and Members of City Council Roanoke, Virginia Office of [he ~'us ~cnage August 16, 1989 Subject: Emergency Repairs Storm Drain Collapse 200 Block of Oaklawn Avenue, N.E. Dear Mayor and Members of Council: The background on this situation is as follows: ~ollapsed storm drain has occurred in the vicinity of 218 and 224 Oaklawn Avenue, N.E. This area has been settling moderately for some time thereby causing vertical settlement in the existing 30 inch storm drain running approxi- mately twenty (20) feet in front of the referenced houses and parallel to Oaklawn Avenue. As a result of recent heavy rain,~, the storm drain has collapsed and Pipe joints have opened up allowing heavy amounts of exfiltration to escape into the ground and produce underground cavities. Imediate concern and dan~er now exist due to further collapse of the Storm drain and further widening of underground cavities toward the foundations of the referenced homes. ~ron J. Conner~ General Contractor~ Inc. is the current contractor now constructing the Williamson Road Storm Drainage System and is now virtually on the site with men and equipment to accomplish the necessary repairs to this collapsed storm drain. City forces do not have the capability to make these repairs due to size and depth of excavation (approximately 18 feet) and the lack of the necessary equip- ment. Repairs coasist of: Excavation below storm drain level and exposing extent of underground cavitation. 2. Removing collapsed section of the storm drain. Page 2 3. Driving piling as required to a firm foundation and providing a rein- forced bridge to Span the cavities and provide support to the replaced storm drain. 4. Backfilling the excavated area to grade and restoring the area to its former condition. This method of repair on the same storm drain in another area immediately east of 224 has proven effective and successful. ~ron J. Conner~ General Contractor~ Inc. has been notified to begin this work immediately on a time and materials basis not to exceed $25,000.00 in accordance with Section 41 of the City Charter. -- A~ctual cost cannot be identified more exactly until the collapsed area has been excavated and conditions better known. City forces will assist Aaron J. Conner in performing this work as much as possible by providing: 1. Necessary stone for backfill. 2. Trucks to deliver the stone to the job site. 3. Grading, reshaping, and replacement of all paved areas disturbed in the repair work. A full report ~rlth documented costs will be presented to Council upon completion of this emergency repair work. Respectf ly submitted, W. Robert Herbert City Manager WRH/ES/mm cc: City Attorney Director of Finance Director of Public Works Manager, Utility Line Services Manager, Street Maintenance City Engineer Construction Cost Technician Aaron J. Conner, General Contractor, Inc. INVOICE AARON J. CONNER GENERAL CONTRACTOR. INC. P. O. BOX 6068 ROANOKE. VIRGINIA 24017 N°· i,-~,. 9 2 TERMS: Net 15th of month following date o! Invoice. A service charge of 1~% per month will be added on all amounts unpaid at the end o[ month following month of purchase. The service cha~ge expressed in terms ot simple interest is an annual pei'- centage rate of 18%. 20 bill fo'~' Ener-~enc,~ ~or]: on (See ~o '~ - ' o.~.c::ed breo :down o= labor~ ecuipment I I INVOICE AARON J. CONNER GENERAI CONTRACTOR. INC. P. O. BOX 6068 ROANOKE, VIRGINIA 24017 N? 1,!-93 TERMS: Net 15th of month following date Invoice. A service charge of per month will be added on ail amotmts unpaid at the end of month following month of p~chase. The service charge expressed in terms simple interest is an annual per- centage rate of 18%. DESCRIPTION UNIT TOTAL Office of the City Clerk November 22, 1989 File #472-192 Mr. Thomas L. Miller Account Manager Syndor and Services, Inc. 7530 Milk-A-~ay Drive, N. Roanoke, Virginia 24019 Dear Mr. ~iller: I am enclosing copy of ©rdinance No. 29853-112089 accepting the bid of Syndar and Services, Inc., for furnishing and delivering one power sweeper/scubber, in the amount of $20,764.70, to be used at the Roanoke Civic Center. Ordinance No. 29853-112089 was adopted by the Council of the City of Roanoke at a regular meeting held~on Monday, November 20, 1989. Sincerely, /~ Mary F. Parker, CMC City Clerk MFP:ra Eric . pc: ~r. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety ~r. Bob E. Chapman, Manager, Civic Facilities Sr. D. Darwin Roupe, Manager, General Services and Room456 MunicipalSuilding 215Church Avenue, $. W. Roanoke. Virginia 24011 (703)981-2541 Office of the City Clerk November 22, 1989 File #472-192 Mr. Nickolas W. Nicolay Original Operations Manager Tennant Company P. ©. Box 220 Pennsauken, New Jersey 08110-220 Dear Mr. Nicolay: I am enclosing copy of ©rdinance No. 29853-112089 accepting the bid of Syndor and Services, Inc., for furnishing and delivering one power sweeper/scubber, in the amount of $20,764.70, to be used at the Roanoke Civic Center. Ordinance No. 29853-112089 was adopted by the Council of the City of Roanoke at a regular meetinq held on Monday, November 20, 1989. On behalf of the Mayor and ~embers of City Council, I would lige to express appreciation for submitting your bid on the above- described equipment. Sincerely, ,%4ary F. Parker, CMC City Clerk MFP:ra E~c. Room456 MunicipalSuildin9 215Chu;ch Avenue, $. W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of November, 1989. No. 29853-112089. VIRGINIA, AN ORDINANCE providing for the purchase of a power sweeper/ scrubber, upon certain terms and conditions, by accepting a bid made to the City for furnishing and delivering such equipment; rejecting other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Syndor Industrial Services, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, a power sweeper/scrubber, for the sum of $20,764.70, is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance. 3. The other bids made to the City for the supply of such equipment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. 4. In order to provide for the usual daily operation of the municipal ordinance government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk November 22, 1989 File #60-472-192 ~r. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Hr. Schlanger: I am attaching copy of Ordinance No. 29852-112089 amending and reordaining certain sections of the 1989-90 Civic Center Fund Appropriations, providing for the appropriation of $20,765.00 from Retained Earnings, Unrestricted, to Capital Outlay, Other Equipment, in connection with the purchase of one power sweeper/scrubber to be used at the Roanoke Civic Center. Ordinance No. 29852-112089 ~as adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 20, 1989. Sincerely, Mary F. Parker, C~IC City Clerk ~4FP : ra Enc o pc: ~r. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. 6ob E. Chapman, Manager, Civic Facilities Mr. D. Darwin Roupe, Manager, General Services and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 1989. No. 29852-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, Roanoke that certain sections Appropriations, be, and the reordained to read as follows, BE IT ORDAINED by the Council of the City of of the 1989-90 Civic Center Fund same are hereby, amended and in part: Appropriations Capital Outlay Other Equipment (1) ................................ $ 93,649 93,649 Retained Earnings Retained Earnings - Unrestricted (2) ............... 1) Other Equipment (005-050-8600-9015) $ 20,765 2) Retained Earnings - Unrestricted (005-3336) (20,765) $ 1,666,641 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia November 20, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids to Purchase Power Sweeping Machine - Bid Number 89-7-30 I concur with the recon~endation of the bid conm~ittee relative to the above subject and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager Roanoke, Virginia November 20, 1989 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bids to I~zrchase Power Sweeper/Scrubber - Bid Number 89-7-30 Background A. Specifications were developed for one (1) new Power Sweeper/Scrubber Machine fo be used in the Roanoke Civic Center. Bid request were sent specifically to (8) eight vendors listed on the City's bid list for this type of equitanent. A public advertise- m~nt was also published in the Roanoke Times and World News on July 17, 1989. Bids were received until 2:00 P.M. on August 2, 1989, at which time all bids so received, were publicly opened and read in the office of the Manager of General Services. II. Current Situation A. Two (2) bid responses were received. A tabulation of those bids received is attached. B. Ail bids received were evaluated in a consistent manner by represen- tatives of the following: Civic Center Administration and Public Safety General Services C. Bid Evaluation is as follows: The lowest bid, submitted by Syndor Industrial Services, Inc., met all required specifications and is considered the l~vest responsible bid. 2. The second lowest bid was submitted by Tennant & Company. III. Issues in order of importance A. Need B. Compliance with specifications C. Fund Availability Honorable Mayor and Members of City Council Page 2 November 20, 1989 IV. Alternatives Council accept the lowest responsible bid meeting specifications, to furnish and deliver one (1) Power Sweeper/Scrubber Machine, as suk~itted by Syndor Industrial Services, Inc., for the total amount of $20,764.70. 1. Need - Requested equipment is necessary for proper maintenance of the Civic Center. Compliance with specifications - The bid submitted by Syndor Industrial Services, Inc., meets all required specifications. Fund availability - Funds are available in the Civic Center's Retained Earnings to provide for purchase. B. Reject all bids 1. Need - The proper and necessary maintenance of the Civic Center could not be accomplished. 2. Compliance with specifications - would not be a factor in this alternative. 3. Fund availability - would not be a factor in this alternative. Recon~nendation Council concur with Alternative "A" - Accept the bid meeting speci- fications, to furnish and deliver one (1) Power Sweeper/Scrubber, as submitted by Syndor Industrial Services, Inc., for the total amount of $20,764.70 and reject the other bid. B. Appropriate $20,764.70 from Retained Earnings to the proper account, designated by the Director of Finance, to provide for this purchase. Respectfully submitted, B. E. Chapman Snead ' ~ D. Darwin Roupe ~ ~ cc: City Attorney Director of Finance Office of the City Clerk November 22, 1989 File #178 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 29854-112089 re-endorsing the loan by the Virginia Housing Development Authority (VHDA), in the amount of $350,000.00 for use in the Rental Rehabilitation Program of the City. Resolution No. 29854-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, ~ovember 20, 1989. Sincerely, 14ary F. Parker, CMC City Clerk MFP : ra Eric , pC; Ns. Carolyn B. Watts, Director of Planning and Research, Virginia Housing Development Authority, 601 South Belvidere Street, Richmond, Virginia 23220 ~r. Herbert D. ~cBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. ~illiam F. Clark, Director of Public Works Mr. Ronald H. Miller, Zoning Administrator/Building Commissioner Ur. H. Daniel Pollock, Housing Development Coordinator ~s. ,~arie T. Pontius, Grants ,~onitoring Administrator Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of November, 1989. No. 29854-112089. VIRGINIA, A RESOLUTION re-endorsing the loan by the Virginia Housing Development Authority (VRDA) in the amount of $350,000 for use the Rental Rehabilitation Program of the City. WHEREAS, by Resolution No. 29292, adopted on September 12, 1988, City Council endorsed the loan by VHDA of $350,000 to the City of Roanoke Redevelopment and Housing Authority (RRHA) in support of the 1988 Rental Rehabilitation Program; and WHEREAS, the Program design was subsequently modified to provide for the loans to be made directly to individual rental property owners rather than to RRHA; and WHEREAS, the Virginia Housing Development Authority has requested that the City verify that its previous approval of the financing by VHDA also applies to the Program change as set forth and recommended in the City Manager's report, dated November 20, 1989. THEREFORE, BE IT RESOLVED by the Council Roanoke as follows: of the City of 1. This Council re-endorses the loan by VHDA in the amount of $350,000 for funding of the Rental Rehabilitation Program. 2. The Mayor is authorized to certify the City's approval of the loan of funds to individual rental property owners in support of the 1988 Rental Rehabilitation Program to the VHDA, the form of which certification shall be approved as to form by City Attoruey. the ATTEST: City Clerk. Roanoke, Virginia November 20, 1989 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Rental Rehabilitation Program - Re-endorsement of Loan from Virginia Housing Development Authority (VHDA) for the Rental Rehabilitation Program. II. Background: Rental Rehabilitation Program has been a cooperative program among HUD, the City, and the Roanoke Redevelopment and Housing Authority (RRHA), to encourage rehabilitation of privately-owned rental property. Rental Rehabilitation Program with 1988 HUD funding is based in part on funds made available by VHD^ to support funding provided by HUD. Such VHDA financing includes terms so favorable as to allow the subsidies made from the $ lq2,000 allocated by HUD to be repaid to the City for future use in rehabilitation or community development. Original design of the 1988 Program provided for the loan of $ 350,000 from VHDA to the RRltA, which would then loan these funds to individual owners of rental properties. Virginia law required VHDA to invite endorsement or disapproval from the City for such financing of multi-family properties. Accordingly, City Council endorsed this specific loan from VHDA to the RRHA for the Rental Rehabilitation Program on September 12, 1988. Illl. Current Situation: A. Program design was modified subsequently to provide for loans to be made directly from VHDA to individual owners~ rather than to the RRHA. VHDA has determined that the change has made the City's previous endorsement invalid, because the loan is not to be made to the RRHA as described in the description from VHDA and the endorsement by the City in 1988, but instead to individual property owners. VHDA has requested the City to verify that its previous approval of tho financing by VHDA to the RRHA also applies to the Program change as described (Attachment). November 20, 1989 Page 2 III. Issues: A. Impact on neighborhood revitalization B. Cost to the City C. Administration IV. Alternatives: Authorize the Mayor to respond to VHDA to re-endorse the loan by VHDA of funds to individual rental property owners in support of the 1988 Rental Rehabilitation Program. Impact on neighborhood revitalization would be positive. The $ 350~000 allocated by VHDA would support the rehabilitation of approximately 25-30 substandard housing units to be occupied by low-moderate income citizens. In addition, long-term revitalization would be enhanced by eventual repayment of matching HUD funds to the City for reuse. Cost to the City will be nothing. The ioans by VHDA are not obli- gations of the City or the RRHA and will not require a match of any funds from the City other than the HUD funds for the Program. Admin- istration o£ the Program is provided for by the contract for services between the RRHA and the City. Administration of the Rental Rehabilitation Program is handled cooper- atively by the City and the RRHA under the terms of the current contract for services by the RRHA and the Memorandum of Understanding~ approved by Council on May 1~ 1989~ regarding the 1988-funded Program. However, no loan applications for the Program may be processed by VHDA until the City certifies its approval of VHDA lending direct to property owners. Do not authorize the Mayor to re-endorse the loan by VHDA of funds to individual property owners in support of the 1988 Rental Rehabilitation Program. Impact on neighborhood revitalization would be negative. Some houses needing most extensive rehabilitation may not be repaired under the Program due to requirements on property owners to obtain substantial private financing. Furthermore~ the $ 1#2,000 granted for the Program by HUD would not revolve back to the City to support additional improvements. o Cost to the City would be the lost repayment of the $ 1#2,000 from HUD, and possibly the loss of increased property values and taxes on property that may not be repaired. November 20, 1999 Page 3 Administration of the Program will be modified due to the absence of the attractive matching funds from VHDA. The Program design approved by Council and HUD will have to be modified to reflect the different £unding formula. V. Recommendation: Authorize the Mayor to respond to VHDA to re-endorse the loan by VHDA funds to individual rental property owners in support of the 198g Rental Rehabilitation Program. ~l~t t e~ City Manager WRH:HDP:vs (CR.29) Attachment CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA ATTACliMENT A October 24, 1989 The Honorable Noel C. Taylor Mayor, City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Re: VHDA/Roanoke Rental Rehabilitation Program Dear Mayor Taylor: On July 13, 1988, the Virginia Housing Development Authority ("V~DA") sent to you a letter (copy enclosed) notifying you of VHDA's proposed financing of certain residential housing to be carried out through a program under which the City of Roanoke and the Roanoke Redevelopment and Housing Authority had applied for loan funds which they intended to relend for the rehabilitation of rental housing. We received from you your approval of this program in the form of a City Council Resolution dated September 12, 1988, and Certi- fication of Approval, copies of which are enclosed. Since that time the nature of the program has, at the request of the Roanoke Redevelop- ment and Housing Authority, been changed in one material respect: instead of the financing from V~DA being provided in the form of a loan to the City to be relent by the City to individual property owners, it is now to be provided in the form of direct loans from VHDA to those owners. Neither the City nor the Roanoke Redevelopment and Housing Authority will be involved in either the receipt of loan funds or the relending thereof, although the housing authority will be actively involved in outreach efforts and the initial processing of the application packages which are forwarded on to VHDA. It was deemed best to clarify this matter prior to closing any loans. Accordingly, we hereby request that within ten (10) busi- ness days after the date hereof you execute one of the enclosed dupli- cate originals of this letter in order to indicate that this revision in the description of the program governing the proposed financings Vzrglnia Housing Development Author,'ty '804l 782-1986 '¥ TOD 804 7836755~ The Honorable Noel C. Page Two October 24, 1989 Taylor does not give you reason to have disapproved the proposal when you were first notified of it. ciated. Your time and attention to this matter is greatly appre- Sincerely, Carolyn B. Watts Director of Planning and Research CBW/EAG/caw Enclosures cc: H. Daniel Pollock, w/encs. The City's position with respect to the above-described program remains unchanged. CITY OF ROANOKE By: Its: Office of the City Clerk November 22, 1989 File #178-278-298 ~r. ~. Robert Rerbert City Manager Roanoke, Virginia De~r ~r. Rerbert: I am attaching copy of Ordinance Naa 29860-112089 authorizing execution of an Agreement between the City and the City of Roanoke Redevelopment and Rousing Authority (the Authority), upon certain terms and conditions, memorializing the obligations of the parties with respect to expenses to be incurred and revenues to be collected by the Authority in performing under a certain Agreement relating to the redevelopment of certain parcels of land in the Authority's Central Roanoke Conservation Area by construction of an office tower and parking garage thereon by the Redeveloper. Qrdinance No. 29860-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 20, 1989. gincerely, ~? ~lary F. Parker, C~C City Clerk ~FP:ra pc: Mr. Rerbert D. ~cBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. ~., Roanoke, Virginia 24017 ~r. Henry J. Faison, Faison Associates, 122 East Stonewall, Charlotte, North Carolina 28202 ~r. ~illiam F. Clark, Director of Public ~orks ~r. 6rian J. ~ishneff, Chief of Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of November, 1989. No. 29860-112089. VIRGINIA, AN ORDINANCE authorizing execution of an Agreement between the City and the City of Roanoke Redevelopment and Housing Authority (the Authority), upon certain terms and conditions, memorializing the obligations of the parties with respect to expenses to be incurred and revenues to be collected by the Authority in perform- ing under a certain Agreement relating to the redevelopment of certain parcels of land in the Authority's Central Roanoke Conservation Area by construction of an office tower and parking garage thereon by the Redeveloper; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City to execute, and to seal and attest, respectively, an Agreement between the City and the Authority, upon certain terms and conditions, as are more particularly described and recommended in the City Manager's report, dated November 20, 1989; such Agreement to be in form approved by the City Attorney. 2. 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 November 22, 1989 File #278-298-178 Mr. Michael M. Branch Vice-President ~ranch Highways, Inc. P. 0. Box 8302 Roanoke, Virginia 24014 Dear ~lr. Branch: I am enclosiag copy of Ordinance No. 29859-112089 accepting the bid of Branch Highways, Inc., for demolition of Hunter Viaduct (Spa~s I through 4), upon certain terms aad conditions, in the ~otal amouat of $180,130.00. Qrdinance No. 29859-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 20, 1989. Sincerely, , ~ ~4ary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. ~. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Brian J. ~ishneff, Chief of Economic DeveloDment Room456 MunicipatBuilding 215Church Avenue. S.W. Roanoke. Virginia 2~,011 (703)g81-2541 Office of the City Clerk November 22, 1989 File #278-298-178 Hr. Sid B. Cox, Jr. President S. B. Cox, Inc. P. O. ~ox 7721 Richmond, Virginia 23231 Dear Hr. Cox: I am enclosing copy of Ordinance No. 29859-112089 accepting the bid of ~ranch Highways, Inc., for demolition of Hunter Viaduct (Spans 1 through 4), upon certain terms and conditions, in the total amount of $i~0,130.00. Ordinance No. 29869-112089 was adopted by the Council of the City of Roanoke at a regular ~neeting held on ~onday, November 20, 1989. On behalf of the Mayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, , ~ Wa y F. Parker, C~C City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 Office of the City Clerk November 29, 1989 ~r. $id B. Cox, Jr. President ~. B. Cox, Inc. P. ©. Box 7721 Richmond, Virginia 23231 Dear ~r. Cox: The contract for removal of the Jefferson Street Leg of the Hunter Viaduct (Phase I), having been awarded to Branch ~i~hways, Inc., I am returning your cashier's check deposited with your bid. Please sign the enclosed receipt and return same to me for my files. ~incerely. ~ ~ary F. Parker, C~C City Clerk MFP:rla Room456 MunicipalBuilding 215Church Avenue, S.w. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk ~ovember 22, 1989 File #278-298-178 Hr. Alan S. Saltis Vice-President Lanford Brothers Company, Inc. P. O. Box 7330 Roanoke, Virginia 24019 Dear Mr. Saltis: I am enclosing copy of Ordinance No. 29859-112089 accepting the bid of Branch Highways, Inc., for demolition of ~unter Viaduct (Spans 1 through 4), upon certain terms and conditions, in the total amount of $180,130.00. Ordinance No. 29859-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 20, 1989. ©n behalf of the Mayor and Members of City Council, I would like to express appreciation for submittinq your bid on the above- described project. Sincerely, ~ Nary F. Parker, C~C City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanol~e, Virginia 24011 (703) 981-2541 Office of the City Clerk November 22, 1989 File #278-298-178 Mr. Edmund Pendleton, Jr. President Pendleton Construction Corporation P. ©. Box 549 ~ytheville, Virginia 24382 Dear Mr. Pendleton: I am enclosing copy of Qrdinance No. 29859-112089 accepting the bid of Branch Highways, Inc., for demolition of Hunter Viaduct (Spans i through 4), upon certain terms and conditions, in the total amount of $180,130.00. Qrdinance No. 29859-112089 was adopted by the Council of the City of Roanoke at a regular ~neeting held on ~onday, November 20, 1989. On behalf of t~e ~ayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~lary F. Parker, C~C City Clerk ~/IFP: ra Enc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29859-112089. AN ORDINANCE accepting the bid of Branch Highways, Inc., for demo- lition of Hunter Viaduct (Spans 1 through 4), upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; reject- ing 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 Branch Highways, Inc., made to the City in the total amount of $180,130.00 for demolition of Hunter Viaduct (Spans 1 through 4) 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 bid. 4. municipal nance shall be in full such bidder and to express to each the City's appreciation for In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this ordi- force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk November 22, 1989 File #278-298-178 Mr. W. Robert Herbert Mr. Wilburn C. Dibling, City ~anager City Attorney Roanoke, Virginia Roanoke, Virginia Jr. Gentlemen: I am attaching copy of Resolution No. 29856-112089 endorsing a certain Downtown Development Project described and recommended by the City ~anager in his report to Council dated November 20, 1989; expressing the intent of City Council to finance certain public improvements in connection with such Project through issuance of general obligation bonds in an aggregate principal amount not to exceed $6.8 million, pursuant to the Public Finance Act; establishing a public hearing with respect to adoption of an ordinance or resolution authorizing the issuance of such bonds; directing the City Attorney to prepare such ordinances and reso- lutions as may be necessary in conjunction with such bond issue; and directing the City Clerk to cause notice of the required public hearing to be published pursuant to the Public Finance Act. Resolution No. 29856-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 20, 1989. gincerely, ~ ~4ary F. Parker, C~4C City Clerk ,~FP : ra pc: Mr. Henry J. Faison, Faison Associates, 122 East Stonewall, Charlotte, North Carolina 28202 Mr. ~erbert D. ~cBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 ~r. William F. Clark, Director of Public Works Mr. Brian J. Wishneff, Chief of Economic Development Room456 Muni¢ipa~Suilding 215Church ~enue, S.w. Roanoke, Virginia 24011 (703)~8~-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of Novend~er, 1989. No. 29856-112089. VIRGINIA, A RESOLUTION endorsing a certain Downtown Development Project described and recommended by the City Manager in his report to Council, dated November 20, 1989; expressing the intent of City Council to finance certain public improvements in connection with such Project through issuance of general obligation bonds in an aggregate principal amount not to exceed $6.8 million pursuant to the Public Finance Act; establishing a public hearing with respect to adoption of an ordinance or resolution authorizing the issuance of such bonds; directing the City Attorney to prepare a notice of such public hearing pursuant to the Public Finance Act and autho- rizing the City Attorney to prepare such ordinances and resolu- tions as may be necessary in conjunction with such bond issue; and directing the City Clerk to cause notice of the required public hearing to be published pursuant to the Public Finance Act. WHEREAS, by report of November 20, 1989, the City ~anager has described and recommended a certain Downtown Development Project involving construction of a multi-story office tower by a private developer, closure of a certain portion of the Hunter Viaduct, demolition of such Viaduct structure by the City, construction of street and sidewalk improvements, an atritu~, pedestrian bridge, public park or plaza and other public improvements by the City and purchase of a certain public off-street parking facility by the City from the private developer of the office tower; WHEREAS, construction of such public improvements and purchase of such public off-street parking facility by the City will require the issuance of $6.8 million in general obligation bonds of the City; WHEREAS, it is the intent of the Council that such bonds be issued pursuant to the Public Finance Act without referendum; and WHEREAS, the City Manager and Director of Finance have repre- sented that issuance of such bonds will impose no extra burden on the taxpayers; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council concurs in and endorses the Downtown Development Project described and recommended in the City Manager's report, dated November 20, 1989, including the public improvements to be constructed and purchased by the City. 2. It is the intent of this Council to finance construction and purchase of such public improvements recommended by the City Manager in connection with such Project through the issuance of general obligation bonds in an aggregate principal amount not to exceed $6.8 million, pursuant to the Public Finance Act (Chapter 5 of Title 15.1, Code of Virginia (1950), as amended), without referendum. 3. A public hearing shall be held at 7:30 p.m. on December 11, 1989, in the Council Chamber of the Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, at which public hearing all persons shall be afforded an opportunity to appear and present their views with respect to the adoption of an ordinance or reso- lution authorizing the issuance of such bonds. 4. The City Attorney is directed to prepare a notice of such public hearing pursuant to the Public Finance Act. 5. The City Clerk is directed to cause such notice of public hearing to be published pursuant to the Public Finance Act. 6. The City Attorney, upon receipt of necessary and rele- vant information from the City Manager and Director of Finance, is authorized to prepare such ordinances and resolutions for the consideration of this Council and to take such action as is neces- sary in conjunction with the City's bond counsel to cause the above- described bond issue to be accomplished. ATTEST: City Clerk. Office of the City Clerk November 22, 1989 File #60-278-298-178 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29855-112089 amending and reordaining certain sections of the 1989~90 Ceneral and Capital Projects Funds Appropriations, providing for certain appropriations with regard to proposed development in the down- town area at the intersection of Jefferson Street and Salem Avenue for the downtown office tower and parking garage. Ordinance No. 29855-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 2~, 1989. Sincerely, · ~1 ~4ary F. Parker, C~4C City Clerk MFP:ra Enc o pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. ~., Roanoke, Virginia 24017 Mr. W. Robert Herbert, City Manager Mr. ~illiam F. Clark, Director of Public ~orks ~r. ~rian J. ~ishneff, Chief of Economic Development Room456 MunicipalBuilding 215Church Avenue. S.W, Roanoke. Virginia 2~,011 {703)g81~2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 1989. No. 29855-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Non-departmental Transfers to Other Funds (1) ....................... Fund Balance Capital Maintenance & Equipment Replacment Program - City Unappropriated (2) ......................... Capital Projects Fund Appropriations General Government Downtown Project - RRRA Portion (3 Floors) (3) ..... Downtown Project - City Portion (3 Floors) (4-5)... Downtown Improvement Project (6-7) ................. Capital Improvement Reserve Capital Improvement Reserve (8) .................... $13,657,825 11,390,106 $ 1,328,537 $19,092,592 5,689,500 5,689,500 2,165,130 3,468,424 Revenue Accounts Rec. Due from Faison - Land Sale (9) .... General Obligation Bonds Receivable (10) ........... Fund Balance (11) .................................. $ 971,175 6,800,000 1) Transfer to Capital Projects Fund 2) CMERP - City 3) Appropriations from General Revenue 4) Appropriations from Third Parties 5) Appropriations from Bond Funds 6) Appropriations from Bond Funds 7) Appropriations from General Revenue 8) Econ. Development 9) Accounts Receivable Faison 10) General Obligation Bond Receivable 11) Fund Balance (001-004-9310-9508 (001-3323) (008-052-9647-9003 (008-052-9648-9004 (008-052-9648-9001) (008-052-9649-9001) (008-052-9649-9003) (008-052-9575-9178) (008-1244) (008-1245) (008-3339) $ 1,637,320 (1,637,320) 5,689,500 971,175 4,718,325 2,081,675 83,455 415,250) 971,175 6,800,000 ( 157,864) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia November 20, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Downtown Tower/Parking Garage Henry Faison Development I. Background: Design '79, Design '85, and Focus '89, each studies of Downtown Roanoke, have included recommendations in regard to major development sites. B. Focus '89 Study was tasked with four principal objectives: Improve the vehicular access to and through the study area in a way which promotes better citywide circulation. Identify sites in the study area for future office and related supporting development. Recommend a location for the Convention/Exhibit Center and its associated parking facilities. Reduce the perceived separation between the area north of the railroad and the downtown area south of the railroad. C. Northeast corner of Jefferson Street and Salem Aven,m has been identified in all studies of the downtown area as the premier location for a new office complex. Faison Associates of Charlotte, North Carolina, initially announced in May 1989 their interest in constructing a multi-story office tower development at this location. City Council authorized the City Manager to negotiate with the developers in an effort to implement such a project if agreements can be reached to ensure quality development in the best interest of the City. II. Description of Project The office tower/parking garage project will be a combination of private and public improvements. Page 2 The City will convey all or part of three parcels of City-owned land to the Roanoke Redevelopment & Housing Authority. RRHA will convey this land to the developer for $23.00 per square foot. The developer will construct a multi-story office tower at the northeast corner of Jefferson Street and Salem Avenue. Within the tower, at levels two through seven, will be a parking facility. Above the parking facility will be leasable office space of not less than 171,000 square feet. Adjoining the office tower, and immediately east thereof, will be an additional six-story parking facility integral with the six levels of parking in the office tower. The first level of this parking wing and the adjoining office tower lobby shall be commercial area containing not less than 19,000 square feet of leasable space to be owned and leased by the developer. The combined parking facility in both the office tower and adjoining wing garage shall contain approximately 727 parking spaces. The developer shall also install landscape screening along the north side of Norfolk Avenue adjacent to the Norfolk Southern railroad tracks. The City of Roanoke and the Roanoke Redevelopment & Housing Authority will purchase the six levels of parking within the office tower and adjoining wing garage upon completion of construction for a maximum purchase price of $11,379,000. RRHA will lease their three stories of the parking garage to the developer for a term of 60 years for use of the tenants within the tower. The City will own three stories of the parking garage and will operate the entire garage as a public parking facility. The City will demolish the Jefferson Street leg of the Hunter Viaduct, and relocate the Pollard Clock and Hunter Memorial. Streetscape improvements, such as sidewalks, street trees, street lights, and similar amenities comparable elsewhere in the downtown area, will be constructed by the City along Salem Avenue, Jefferson Street, and Norfolk Avenue adjacent to the site of the office tower/parking garage. Related paving work will be performed in those street segments. The City plans to construct, but not as a requirement of the Agreement between the City, RRHA, and the developer, an atrium, pedestrian bridge over the Norfolk Southern Railroad, and a public park or plaza near the intersection of Salem Avenue and First Street, S. E. III. Current Situation City Planning Commission held a public hearing on October 4t 1989 to consider closure of the Jefferson Street leg of the Hunter Viaduct and review of the comprehensive development plan for the office tower/garage. The Commission Page 3 IV. unanimously recommended closure of the Viaduct to City Council and approved the comprehensive site plan for the office tower/garage. Architectural Review Board held a public hearing on October 12t 1989, to consider certificates of appropriateness for demolition of the Jefferson Street leg of the Hunter Viaduct and the proposed office tower/parking garage construction. The Board unanimously approved demolition of the Viaduct and granted design approval for a 22 to 26 story office building subject to final approval of the exact site location. Board of Zoning Appeals held a public hearing on November 7, 1989 to consider a special exception for the height of the proposed office tower. Approval was granted unanimously. City Council held a public hearing on November 13, 1989 to consider closure of the Jefferson Street leg of the Hunter Viaduct. Persons spoke both for and against this proposal. go Virginia Department of Transportation Com~nission approved the City's request to close the Jefferson Street leg of the Hunter Viaduct and reassign various highway routes at their meeting on November 16~ 1989. Issues: A. Legal Authority. B. Economic Benefits. C. Traffic Impact. D. Cost to City. E. Method of Financing. Alternatives: City Council approve the office tower/parking garage project at the intersection of Jefferson Street and Salem Avenue and authorize execution of the appropriate documents related to this development. Legal authority exists for Council to close and demolish the Jefferson Street leg of the Hunter Viaduct; sell City-owned property for the proposed development; and appropriate funds required for the purchase and construction of related public improvements. Page 4 Economic benefits will be significant. The City will derive direct benefits from increased real estate and personal property taxes, utility taxes, and parking fees. The real estate taxes and parking fees generated by this development will exceed the debt service on bonds to be sold for construction of public improvements and purchase of the completed public parking facility. Additional developments in the downtown area currently underway undoubtedly will provide increased economic benefits for the City. Traffic impact will initially be moderate but not unacceptable upon closure of the Jefferson Street leg of the Hunter Viaduct. Mitigation measures have been planned to reduce the impact on the traffic flow in the downtown area. Ultimately, upon construction of the proposed Second Street, S. W. Bridge over Norfolk Southern railroad tracks traffic circulation will be improved throughout downtown. Taking into consideration the sale of City-owned property to the developer ($971,175), and the interest which the City will earn on available capital funds prior to their being disbursed on July 1991 to purchase the completed facilities ($522,744), the net cost to the City for the parking garage will be $9,885,081. The gross cost will be not more than $11,379,000. Demolition of the Jefferson Street leg of the Viaduct and construction of streetscape improvements will cost an additional $398,130. Construction of the atrium, pedestrian bridge over the Norfolk Southern Railroad, and plaza at the intersection of Salem Avenue and First Street, S. E., will cost $1,767,000. These latter improvements are at the City's option to construct and not a requirement of the office tower/parking garage project. Method of financin~ will be a combination of available unallocated capital funds, capital fund interest, a portion of fiscal year 1990 Capital Maintenance and Equipment Reserve Funds, proceeds from the sale of the land to the developer, and $6,800,000 general obligation bonds issued pursuant to the Public Finance Act. Additional City revenues from real estate taxes and parking fees from the office tower/parking garage complex will more than support the proposed bonds. City Council not approve the office tower/parking garage project at the intersection of Jefferson Street and Salem Avenue and not authorize execution of the appropriate documents related to this development. Legal authority exists for City Council to approve or decline to approve this project. Page 5 Economic benefits would be lost in that the proposed office tower/parking garage would not be developed. Other downtown developments would likely not proceed since property owners would be uncertain about the future growth and stability of this area of the City. Traffic impact would be moot. Existing traffic circulation patterns would be maintained. Cost to the City would be nothing more than the costs already incurred to purchase two (2) parcels of real estate and employ engineers to design removal of the viaduct and other professionals engaged in legal, appraisal, and review aspects of the proposal. 5. Method of financing would be moot. VI. Recommendation: City Council approve Alternative "A", and approve the following measures: Do Appropriate $5,689,500 to an account to be established by the Director of Finance for payment to the Roanoke Redevelopment and Housing Authority to purchase three levels of a parking garage within the office tower/garage complex. Funding is to be provided from unallocated Capital funds of $4,135,635 and CMERP funding of $1,553,865. Appropriate $5,689,500 to an account to be established by the Director of Finance for the City of Roanoke to purchase three levels of the parking garage. Funding is to be provided by land sale proceeds of $971,175 and anticipated general obligation bond funds of $4,718,325. Appropriate $2,165,130 from anticipated bond funds of $2,081,675 (total bond issue $6,800,000) and CMERP funding of $83,455 for other costs associated with the downtown development project to an account to be established by the Director of Finance. This includes funds of $198,130 for the Hunter Viaduct demolition. Adopt the attached Ordinance authorizing the City Manager to sign a contract of sale/purchase agreement, with attachments, in a form acceptable to the City Attorney, and authorizing the Mayor to execute a deed conveying the required real estate. Adopt the attached Ordinance vacating the public right-of-way of the Jefferson Street leg of the Hunter Viaduct. Adopt the attached Ordinance awarding a contract to Branch & Associates in the amount of $180~130 for demolition of the Jefferson Street leg of the Hunter Viaduct. Page 6 Go Adopt the attached ordinance authorizing an agreement with the Roanoke Redevelopment and Housing Authority concerning the property on which the proposed office tower/parking garage is to be constructed and costs and revenues related to the garage facilities to be acquired by the Authority upon completion. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr CC: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Brian J. Wishneff, Chief of Economic Development Roanoke, Virginia November 20, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Downtown Office Tower & Parking Garage Please reserve space on Council's Agenda for November 20, 1989, in anticipation of a report pertaining to various agreements related to proposed development in the downtown area at the intersection of Jefferson Street and Salem Avenue. Respectfully submitted, W. Robert Herbert City Manager WItH:WFC:pr CC: City Attorney Director of Finance Director of Public Works Chief, Economic Development DISCLOSURE DECLARATION 1. I, Noel C. Taylor, am Mayor of the City of Roanoke. member of the Board of Directors of Dominion Bank. I am also a This declaration relates to City Council's consideration on November 20, 1989, of matters relating to closure of the Hunter Viaduct and its demolition; entry into an agreement with the de- veloper of a downtown office tower; conveyance of City-owned land for such development; and issuance of general obligation bonds of the City to finance purchase of a public parking facility and other public improvements. Favorable action by Council with respect to such matters will permit the construction of a private office building in which Dominion Bankshares may lease office space. Although no contracts or transactions involving Dominion Bank are anticipated, based on the foregoing facts, a business or group, of which I am a member may be perceived to be affected by my votes on these matters. 4. I am able to participate in these transactions fairly, objectively and in the public interest. Although I have been advised that the matters before Council are issues that affect the public generally, this declaration is being filed out of an abundance of caution and upon the advice of the City Attorney. This declaration shall be filed by the City Clerk among the per- manent papers of the City on or before the close of business on November 20, 1989, and shall be retained and made available for public inspection for a period of five (5) years from the date of filing. November 20, 1989 Noel C. Taylor, May~r ~ DISCLOSURE DECLARATION 1. I, Beverly T. Fitzpatrick, Jr., am Vice-Mayor of the City of Roanoke. I am also an employee of Dominion Bankshares. This disclosure relates to matters before City Council on November 20, 1989, relating to closure of the Hunter Viaduct and its demo- lition; entry into an agreement with the developer of a downtown office tower; conveyance of City-owned property for such develop- ment; and issuance of general obligation bonds of the City to finance purchase of a public parking facility and other public improvements· Favorable action by Council with respect to such matters will permit the construction of a private office building in which Dominion Bankshares may lease office space· I understand that, based on the foregoing facts, a business or group of which I am a member may be perceived to be affected by my votes on these matters. 4. I am able to participate in these transactions fairly, objectively and in the public interest. Although I have been advised that the matters before Council are issues that affect the public generally, this declaration is, nevertheless, being filed out of an abundance of caution and upon the advice of the City Attorney· This declaration shall be filed by the City Clerk among the perma- nent papers of the City on or before the close of business on November 20, 1989, and shall be retained and made available for public inspection for a period of five (5) years from the date of filing. November 20, 1989 Office of the City Clerk November 13, 1989 File #2?8 Mr. Robert A. Garland, Mr. William F. Clark Hr. Kit B. Kiser Chairman ) ) Committee Gentlemen: The following bids for removal ~unter Viaduct (Phase I), were of the City of Roanoke at a November 6, 1989: of the Jefferson Street Leg of the opened and read before the Council regular meeting held on ~onday, BIDDER BASE BID TOTAL Branch Highways, Inc. S. B. Cox, Inc. Lanford Brothers Company, Inc. Pendleton Construction Corporation $180,130.00 187,887.00 235,688.00 315,476.50 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, /~ ~ary F. Parker, CMC C~ty Clerk MFP:ra pc: Ur. Wilburn C. Dibling, Jr., City Attorney Room456 Municipa&BuiJding 215Chmch Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 TABULATION OF BIDS HUNTER VIADUCT DEMOLITION <S?~S ROANOKE, VIRGINIA JOB NUMBER 6123-A Bids opened before City Council at its meeting of November 6, 1989, at 2:00 p.m. CONTRACTOR BASE BID Pendleton Construction Corp. Branch Highways, Inc. ~ Alan Amos Lanford Brothers Co., Inc. H. T. Bowling H. & S. Construction Co. Wilkins Construction Co., Inc John A. Hall & Co., Inc. Engineer's Estimate: $212,500.00 Office of City Engineer Roanoke, Virginia November 6, 1989 Office of the City Clerk November 21, 1989 File #169-501 Mr. Larry E. Skeens Building Superintendent Blue Cross Blue Shield of Virginia P. O. Box 13047 Roanoke, Virginia 24045 Dear Mr. Skeens: I am enclosing four copies of Resolution No. 29861-112089 authorizing a revocable permit to Blue Cross Blue Shield of Virginia for the attachment or installation of certain holiday decorations to certain City-owned trees in Key Plaza; upon cer- tain terms and conditions. Resolution No. 29861-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 20, 1989. Please sign and return three copies 29861-112089 to the City Clerk's Office, Building, Roanoke, Virginia 24011. of Resolution No. Room 456, Municipal Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc o Mr. W. Robert Herbert, City Manager ~r. ~ilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director of Administration Public Safety and Room456 MunicipaiBuilding 215Church Avenue, S,W. Roanoke, Virginia 24011 (703)98172541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29861-112089. A RESOLUTION authorizing a revocable permit to Blue Cross Blue Shield of Virginia for the attachment or installation of certain holiday decorations to certain City-owned trees in Key Plaza; upon certain terms and conditions. WHEREAS, Blue Cross Blue Shield of Virginia (hereinafter "Permittee") has requested that City Council authorize Permittee to attach or install certain holiday decorations on certain City-owned trees in Key Plaza; WHEREAS, Council is desirous of granting the request of Permittee pursuant to certain terms and conditions; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Permittee to attach, install and maintain certain holiday decorations in or on City trees in Key Plaza adjacent to Permittee's property, pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective, upon Permittee's compliance with Paragraph 2 hereof, from November 23, 1989, through January 15, 1990. (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, growing out of or directly or indirectly resulting from the permission herein granted; (c) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; d) Permittee shall not install or attach any object to any City-owned tree or shrub other than those covered by this permit; e) The City shall incur no cost as a result of grant of this permit; and f) Permittee shall give notice to the City's Director of Public Works prior to entry on City property for installation and maintenance of such holiday decorations; 2. This permit shall be in full force and effect at such time as a copy of this Resolution, duly signed, sealed, attested and acknowledged by Permittee has been filed in the Office of the City Clerk. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this , 1989. ATTEST: BLUE CROSS BLUE __ day of SHIELD OF VIRGINIA By (title) -2- Roanoke, Virginia November 20, 1989 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: SUBJECT: Blue Cross Blue Shield of Virginia Permit Request I. Background: City Council annually grants permit requests for the installation of holiday decorations on City-owned light standards and other facilities, including trees located in the downtown business district. II. Current Situation: Ao Blue Cross Blue Shield of Virginia has requested permission to decorate the Linden trees in Key Plaza from November 23, 1989 through Janaury 15, 1990. III. Issues: A. Authority for Approval. B. Permit Requirements. IV. Alternatives: City Council grant Blue Cross Blue Shield of Virginia permission to decorate the Linden trees in Key Plaza for the period November 23, 1989 through January 15, 1990. Authority for approval or denial is solely City Council's. 2. Permit requirements are as follows: ao Blue Cross Blue Shield of Virginia obtain individual or company to install and remove decorations. Cost of installing and removing decorations will be the responsibility of Blue Cross Blue Shield of Virginia. Mayor Taylor and Council Members Page 2 Indemnification - Blue Cross Blue Shield of Virginia has agreed to provide liability insurance, naming the City as an additional insured, providing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; and to indemnify, keep, and hold the City harmless from liability on account of injuries or damages directly or indirectly resulting from the permission herein granted. City Council deny the request of Blue Cross Blue Shield of Virginia. Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. V. Recommendation is that City Council approve Alternative "A", and Adopt appropriate measure, as prepared by the City Attorney, granting permission to Blue Cross Blue Shield of Virginia to decorate the Linden trees in Key Plaza. Respectfully submitted W. Robert Herbert City Manager WRH:WFC:pr pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Director of Administration and Public Safety Mr. Larry E. Skeens, Building Superintendent, Blue Cross Blue Shield of Virginia, P.O. Box 13047, Roanoke, Virginia 24045 Blue Cross Blue Shield of Virginia November 10, 1989 R O. Box 13047 Roanoke, Virginia 24045 (703) 985-5000 Mr. William Clark Director of Public Works City of Roanoke 1802 Courtland Road N.E. Roanoke, VA. 24012 Dear Mr. Clark: Blue Cross Blue Shield of Virginia requests permission to decorate the trees on Key Plaza for the Christmas season. The trees will be decorated in the same manner as on Colonial Plaza across the street. Thank you for your time and consideration. Sincerely, Building Superintendent LES:mk Government and Individual Business Center Office of the City Clerk November 22, File #468B 1989 Mr. J. ~. Christenbury, Jr. President ~corn Construction, Ltd. P. O. Box 625 Troutville, Virginia 24175 Oear ~r. Christenbury: I am enclosing copy of Ordinance No. 29863-112089 accepting the bid of Acorn Construction, Ltd., for certain water treatment plant equipment for the Falling Creek Water Plant, upon certain terms and conditions, in the total amount of $246,881.00. ©rdiaance No. 29863-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 20, 1989. Sincerely, ,~4ary F. Parker, City Clerk CMC ,~FP:ra Eac, pc: ~r ~r ~4r ~4r ~4s Mr Ms ~. 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 B. Kiser, Director of Utilities and Operations Dolores C. Daniels, Citizens' Request for gervice Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)g81-2541 Office of the City Clerk ~ovember 22, 1989 File #468B Mr. Thomas F. Orlando Vice-President Boxley Construction Company P. 0. ~ox 917 Vinton, Virginia 24179 Dear Mr. Orlando: I am enclosing copy of Ordinance No. 29863-112089 accepting the bid of Acorn Construction, Ltd., for certain water treatment plant equipment for the Falling Creek ~ater Plant, upon certain terms and conditions, in the total amount of $246,881.00. Ordinance No. 29863-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 20, 1989. On behalf of the Mayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~ ,Wary F. Parker, CMC City Clerk MFP:ra Eric. Room 456 Municipal Building 215 Church Avenue, 5. W Roanoke, Virginia 24011 (703) 981-2S41 Office of the City Clerk November 22, 1989 File #468B Mr. F. E. Haren Pres ident ftaren Construct ion Company, P. 0. Box 350 Eto~vah, Tennessee 37331 Dear 14r. ~laren: I am enclosing copy of Grdinance No. 29863-112089 accepting the bid of ~corn Construction, ~td., for certain water treatment plant equipment for the Falling Creek Water Plant~ upon certain terms and conditions, in the total amount of $246,881.00. Ordinance No. 29863-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, November 2~, 1989. On behalf of the ~ayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. gincerely, ~ ~lary F. Parker, C~4C City Clerk MFP:ra Enc. Office of the City Clerk November 22, 1989 File #468B ~r. Mark ~. Simmons President The ~illiam G. Simmons Company P. ©. Box 386 Narrows, Virginia 24124 Dear Mr. Simmons: I am enclosing copy of Ordinance No. 29863-112089 accepting the bid of Acorn Construction, Ltd., for certain water treatme~lt plant equipment for the Falling Creek Water Plant, upon certain terms and conditions, in the total amount of $246,881.00. Ordinance No. 29863-112089 ~as adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 20, 1989. On Oehalf of the ,Mayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, "7 ~ary F. Parker, C~C City Clerk MFP:ra E~C. Room 456 Municipal Building 315 Church Avenue, S.W. Roanoke, ¥irginia 2~,011 (703) 981-2541 Office of the City Clerk November 22, 1989 File #468B Mr. Stanley Breakell Chairman 6reakell, Inc. P. ©. 6ox 6414 Roanoke, Virginia 24017-0414 Dear ~r. ~reakell: I am enclosing copy of Ordinance No. 29863-112089 accepting the bid of Acorn Construction, Ltd., for certain water treatment plant equipment for the Falling Creek ~ater Plant, upon certain terms and conditions, in the total amount of $246,881.00. Ordinance No. 29863-112089 was adopted by the Council of the City of Roanoke at a regular ~neeting held on ~onday, November 20, 1989. On behalf of the ~ayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, Wary F. Parker City Clerk C~4C MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)~J81-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29863-112089. AN ORDINANCE accepting the bid of Acorn Construction, Ltd., for certain water treatment plant equipment for the Falling Creek Water Plant, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to provide for phasing of the Falling Creek Water Plant renovations, upon certain terms and conditions; re3ecting 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 Acorn Construction, Ltd., in the total amount of $246,881.00, for the long delivery of certain microfloc and associated water treatment equipment, as set forth in the bid com- mittee report to this Council dated November 20, 1989, such bid being in compliance with the City's plans and specifications made therefor, 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 success- ful bidder, based on its proposal m~de therefor and the City's spe- cifications 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. The City Manager is authorized to take appropriate action, including execution of necessary documentation, iu form approved by the City Attorney, to provide for a phasing of the project and extension and modification of the bid for the remainder of the pro- ject for phase II, as more particularly set forth in the bid com- mittee report on this subject dated November 20, 1989. 4. 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 such bid. 5. In order to provide for municipal government, ordinance shall be to each the City's appreciation for the usual daily operation of the an emergency is deemed to exist, and this in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk November 22, 1989 File #60-468B Mr. Joel ~. $chlanger Director of Finance Roanoke, Virginia Dear Mr. Sc~langer: I am attaching copy of Ordinance No. 29862-112089 amending and reordaining certain sections of the 1989-90 Water Fund Appropriations, providing for the appropriation of $246,881.60 from Water Fund, ~etained Earnings, Unrestricted, to Capital Outlay From Revenue, Falling Creek Plant Rehab Phase I, in con- nection with award of a contract to Acorn Construction, Ltd., for replacement of treatment equipment and appurtenances at the Falling Creek ~ater Plant. Ordinance No. 29862-112089 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, ~ovember 20, 1989. Sincerely, !4ary F. Parker, C,~IC City Clerk ,!/1FP : r a En¢. pc: Mr. ~. Robert Herbert, City Manager Mr. ~illiam F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit ~. ~iser, Director of Utilities and Operations ~s. Dolores C. Daniels, Citizens' Request for Service Room~*56 MunicipalBuilding 215Church Avenue. $. W. Roanoke, Vi[ginia ;~4011 (705)981~2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November, 1989. No. 29862-112089. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay From Revenue Falling Creek Plant Rehab Phase I (1) ............. $ 951,889 246,881 Retained Earnings Retained Earnings - Unrestricted (2) .............. $15,441,824 1) Appropriations From General Revenue 2) Retained Earnings Unrestricted (002-056-8359-9003) $ 246,881 (002-3336) (246,881 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia November 20, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Falling Creek Water Plant For City Water Department Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert, City Manager WRH/LBC/fm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Construction Cost Technician Manager, Water Department J. W. Christenbury, COB & VP, Acorn Construction Ltd. Roanoke, Virginia November 20, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report - Phase (1) Contract Falling Creek Water Plant For City Water Department Roanoke, Virginia I. Back~round: A. City Council, at its September 11, 1989 meeting, publicly opened and read aloud the bids received on the Falling Creek Water Plant. B. Renovations are required by the State Health Department to meet current design standards. Five (5) bids were received with Acorn Construction, Ltd., of Trout- ville, Virginia, submitting the low bid in the amount of $1~229~000 and 335 consecutive calendar days. D. Project is as follows: Replace all valves and the valve tower within the reservoir. The new tower is 44' high with access by means of a foot bridge that is over 100' long. Remove the roof from the present filter building and remove all of the existing filters and most of the auxiliary filtering equip- ment. Install a new packaged filter plant and then a new higher roof structure. The new filter building will have a new labora- tory-office area and toilet facilities. New three phase electric service is also required. The emergency generator installed three years ago is to be changed to three phase power, which was part of its original design. 3. Packased filter plant will be Microfloc Product Modular Water Treatment Plant Model AQ-300B . 4. The capacity of this new filter plant will be up to 1.9 million gallons per day. Page 2 Phasin~ of the project needs to be accomplished to order primary equipment now, but delay decision on award of the remainder of the bid until a future date. Contractor has agreed to phasing the bid in accordance with the attached letters dated October 31, 1989 and November 8, 1989 from the Iow bidder. Fo Negotiations have taken place with the low bidder meeting specifica- tions, as permitted by the State Code when bids are received which exceed available funds. These negotiations relate to holding bid prices beyond the 90 day deadline of December 11, 1989, per attached letter from the contractor. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract docu- ments B. Amount of the low bid C. Phasin~ of the project D. Fundin~ of the project D. Time of completion E. State mandate III. Alternatives are: A. Authorize the City Manager to enter into Phase (1) contract with the low bidder, Acorn Construction, Ltd., as follows: t. Phase I Award an unconditional contract for the long delivery bid item as follows: One Microfloc Modular Water Treatment Plant Model AQ-3OOB and associated equipment Total Price ................ $246~881.00 B. Delivery time - 16 weeks after approval of shop drawings by the City Engineer. ii. Phase II Modified bid to be extended and considered at a future date. iii. Appropriate $246~881.00 from Water Fund Retained Earnings to a capital account entitled Falling Creek Plant Rehab for the Phase I contract amount. Page 3 iv. Reject all other bids. 1. Compliance of the bidders with the requirements of the contract documents is met. 2. Amount of the low bid is acceptable. 3. Phasing of the project will be permitted. 4. Funding for Phase I of the project is from the Previous Years' Retained Earnings in the Water Fund. 5. Time of delivery of the packaged filter plant is specified as 16 weeks from approval of shop drawings by the City Engineer. 6. State mandate to renovate the plant will commence. B. Do not authorize the City Manager to enter into 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 low bid would probably increase if re-bid at a later date. 3. Phasing of the project will not be permitted. 4. Funding would not be encumbered at this time. o Time of completion of the new replacement plant would be extended. Replacement parts for almost anything that breaks down are almost impossible to obtain. A new filtering system needs to be installed to meet existing code requirements. 6. State mandate will not be met and this source of water could ulti- mately be lost. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". B. Authorize the City Manager to enter into a Phase (1) contract with Acorn Construction, Ltd., in the amount of $246~881.00. Authorize the Director of Finance to appropriate funds in the amount of $246,881.00 from the Water Fund Previous Years' Retained Earnings Fund to a Capital Account entitled Falling Creek Plant Rehab. Page 4 D. Reject the bids received from all other bidders. Respectfully submitted, Robert A. Garland, Chairman William F. Clark Kit B. Kiser RAG/LBC/fm Attachment: Bid Tabulation cc: City Manager City Attorney Director of Finance City Engineer Manager, Water Department Citizens' Request for Services Construction Cost Technician ACORN CONST.iTD. ACORN CONSTRUCTION P. O. BOX 625 / TROUTVILLE, VIRGINIA 24175 703 992-3560 31 October 1989 Mr. Kit B. Ktser City of Roanoke Director of Utlllties and 0perattons Room 354,'Hunictpal Building Roanoke, Virginia 24011 OearMP. Kfser: Re: ral~jng Creek Nater Treatment Plant This Js fn reply to your recent request that we extend our proposal for this job from December 12, 1989 until June 30, 1990. Ne have checked with our suppliers and consulted our labor experts and have arrived at the cost to the City for extending our proposal. The additional costs are: Laboratory Furniture Metal Building Misc. Metal & Structural Steel Electrical Doors & Hardware Fiberglass Tanks Pumps Acorns Labor $167,700.00 e 5~; Our revised proposal then would be: $1,229,000.00 $ 228.00 l,SS~O0 3,000.00 5,059.00 882.00 597.00 2,217.00 8~385.0~ $ 22.218.00 Ne will need to have an answer feom you prtor to Oecembee 12, 1989 so that we can conditionally comair to our suppliers for their equipment. Yours very' t~ulx, ACORN CONSTRUCTZON, LTO J.N. Christenbury C08 & VP ACORN CONSTRUCTION Ltd. P. O. BOX 625 / TROUTVILLE, VIRGINIA 24175 0 9 89 OFFICE OF CICA~ ROANOKE, 703 992-3560 8 November 1989 Mr. Bane Coburn City of Roanoke Engineering Department Room 350, Municipal ButlOing 215 Church Avenue Roanoke, Virginia 24011 Re: Falling Creek Water Dear Mr. Coburn: Treatment ;PI'ant Per your request, we have looked over the material require- ments for this Job that requires a long lead time on delivery. The only item that could delay the job would be the MICROFLOC Product Modular Water Treatment Plant Model AQ-3OOB and assoc- iated equipment. ' Delivery time after approved drawing, If the City would wish to purchase July 1, 1990 contract Equipment Sales Tax Is quoted at 16 weeks. this equipment ahead of acceptance with Acorn the cost would be: $ 225,000.00 10~125.00 235,125.00 5~ O.H. and Profit 11,7§6.00 $ ~6,e81.00 When the final contract Is awarded, the above amount would be deducted from our bid plus extras for holding our price to July 1, 1990. Trust this is the Information you desire. Yours very truly, ACORN CONSTRU?T~ON~ J.W. Chrlstenbury / COB & VP LTD JWC/ksk Roanoke, Virginia November 20, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for a Bid Committee report on Phased/Conditional Award, Falling Creek Water Plant for City Water Department. WRH:KBK:afm cc: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager Office of t~e City Clerk September 13, 1989 File #468B Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for replacement of treatment equipment and appurtenances at the Falling Creek Water Plant, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, September 11, 1989: BIDDER Acorn Construction, Ltd. Boxley Construction Company Haren Construction Company, Inc. The William G. Simmons Company Breakell, Inc. (Deduct $50,000.00 from BASE BID TOTAL $1,229,000.00 1,258,000.00 1,323,000.00 1,347,000.00 1,400,000.00 Base Bid) On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 MunicitDol Building 215 C~urch A',~e~ue~ S.W. Roanoke. V~rg~nia 24011 (703) 981-2541 Office of the City Clerk November 22, 1989 File #51 ~r. William B. Hopkins, Jr. ~ttorney P. O. ~ox 13366 Roanoke, Virginia 24033-3366 Dear ~r. Hopkins: I am enclosing copy of Ordinance No. 29837-112089 amending cer- tain conditions proffered ia conjunction with the rezoning of two parcels of land located on Hawthorne Road, N. W., containing 0.253 and 0.217 acre, described as Lots 4A and 5,~, map of iirlee Court, Official Tax Nos. 2190408 and 2190409. Ordinance No. 29837-112089 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1989, also adopted by the Council on second reading on ~onday, November 20, 1989, and will take effect ten days following the date of its second reading. Sincerely, 0 ~ary F. Parker, UMC City Clerk. MFP:ra pC: Mr. & ~rs. R. Hugh ~artin, 5250 Hawthorne Road, N. ~., Roanoke, Virginia 24012 ~r. & ~rs. Daniel E. Cunningham, 5240 Hawthorne Road, Roanoke, Virginia 24012 ~r. ~illiam G. Goyer, 5239 Hawthorne Road, N. W., Roanoke, Virginia 24012 ADB Ventures, 5236 ~illiamson Road, N. W., Roanoke, Virginia 24012 The Reverend ~. L. ~urgher, c/o Shenandoah Homes, 5300 Hawthorne Road, N. W., Roanoke, Virginia 24012 Room456 MunicJpalSuilding 215Church AYenue, S.W. Roanoke, Virginia :)4011 (703)~J81-2541 Mr. ~illiam ~. Hopkins~ November 22, 1989 Page 2 ~r. ~ayne C. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 ~r. ~. Robert Herbert, City Manager ~r. ~lburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von ~. Moody, III, Director of Real Estate Valuation ~r. Michael M. ~aldvogel, Chairman, City Planning Commission Mr. Lo Elwood Norris, Chairman, Board of Zoning Appeals ~r. ~illiam F. Clark, Director of Public ~orks ~r. Kit ~. Kiser, Director of Utilities and Operations Hr. Charles M. guffine, City Engineer Hr. Ronald H. Miller, Building Commissioner and Zoning Administrator Hr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29837-112089. AN ORDINANCE to amend §336.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned from RS-3, Residential Single Family District to RM-1, Residential Multi- Family. WHEREAS, application has been made to the Council of the City of Roanoke to amend certain conditions presently binding upon a a tract of land located at the end of Hawthorne Road, N. W., being Lots 4A and SA, Map of Airlee Court, containing 0.253 and 0.217 acres, respectively, designated on Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2190408 and 2190409, which property was previously conditionally rezoned by the adoption of Ordinance No. 29602, adopted on June 19, 1989; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 336.1-893, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said appli- cation at its meeting on November 13, 1989, at 7:30 p.m., after due and timely notice thereof as required by 336.1-693, 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 amendment; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commis- sion, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that certain of the conditions now binding upon the hereinafter described property should be amended as requested. THEREFORE, BE that ~36.1-3 and IT ORDAINED by the Council of the City of Roanoke 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition to Amend Proffered Conditions filed with the City Clerk on September 13, 1989, and in accordance with the recom- mendations recommendations of the Planning Commission made to Council on November 13, 1989. 2. Ail other conditions proffered by the applicant and approved by the Council's adoption of Ordinance No. 29602, on June 19, 1989, shall remain unchanged and in effect as proffered. ATTEST: City Clerk. Roanoke City Planning Commission November 13, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from William and Cynthia Roe, represented by William Hopkins, Jr., Attorney, that conditions proffered in conjunction with the rezoning of two lots located on Hawthorne Road, NW, designated as official tax nos. 2190408 and 2190409, be amended. Background: ae Purpose of the amendment to the proffered condition is to permit the construction of a new duplex on lot 2190409 to be built in accordance with a revised rendering and site plan. Be Existing Detition to rezone was approved by City Council on June 12, 1989 (Commission's report attached). Proffered conditions are as follows: The exterior appearance of the proposed duplex on Lot 5A fronting on Hawthorne Road, NW shall be constructed to appear single family in character. The proposed duplex on Lot 5A fronting on Hawthorne Road, NW, shall be constructed with either wood, vinyl or aluminum siding and in substantial compliance to the plans attached hereto and identified as Exhibit E and the elevation drawings identified as Exhibit F subject to any changes required by the City during site plan review. Poom 355 Municipal Builciing 215 Church Avenue, S.%X Roonoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 November 13, 1989 If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the rezoning shall revert to RS-3 without further notice by City Council. Revised rendering and site plan (attached) depict the construction of a single-story, frame structure with a two-car garage. According to the petitioner, the structure is being redesigned to appeal to potential elderly tenants wishing to live in close proximity to the Shenandoah Homes. The existing rendering and site plan depict a two-story colonial structure. Neighborhood organization (Williamson Road Action Forum) has been notified of the proposed amendment to proffered conditions. No response has been received as of the writing of this report. Planning Commission public hearing was held on October 4, 1989. Mr. Roe appeared before the Commission and stated he would like to amend the proffered condition relating to the site plan and rendering which had been approved as part of his original petition. Mr. Roe noted he had someone interested in constructing a duplex that would be accessible to the handicapped and elderly. Mr. Marlles gave the staff report noting that the proposed structure would meet a housing need in the area and would still be consistent with the character of the neighborhood. II. Issues: ae Land use of parcel no. 2190409 is vacant residential. Parcel no. 2190408 contains an existing duplex. Land use to the north in Roanoke County is an existing nursing care facility (Shenandoah Homes, Inc.). Land uses to the west and south are single family residential units. Land use to the east is vacant commercial. Zoning is presently RM-1, with conditions Surrounding zoning is a mixture of RM-3, Multifamily to the north (in Roanoke County), C-2, General Commercial to the east and RS-3, Single Family to the west and south. Roanoke City Council Page 3 November 13, 1989 Traffic generated by proposed duplex would be minimal. Neighborhood is a mixture of single family residential units to the south and the east and multi-family to the north. The fringes of the neighborhood fronting on Airport Road and Williamson Road are developed commercially. E. Comprehensive Plan recommends: 1. Protecting neighborhood character. Encouraging a variety of housing choices in existing neighborhood. Providing appropriate infill development that is sensitive to the existing neighborhood environment. III. Alternatives: City Council approve the requested amendment to proffered conditions: Land use. Existing vacant parcel no. 2190409 would become available for duplex development designed to accommodate the needs of handicapped and elderly tenants. Zoning remains RM-1, Residential Multifamily district, subject to proffered conditions. 3. Traffic would not be an issue. Neighborhood character would continue to be protected by proffered conditions restricting exterior appearance of proposed duplex and site design. The surrounding neighborhood is characterized by both one- and two-story residential structures. Be City Council deny the requested amendment to proffered conditions: Land use is unchanged. Vacant lot would remain available for duplex development. 2. Zoning remains RM-1. Roanoke City Council Page 4 November 13, 1989 3. Traffic would not be an issue. e Neighborhood character would not be affected. Comprehensive Plan would be followed to the extent that single family character of the neighborhood to the south and west would be preserved. IV. Recommendation: By a vote of 5-0 (Mrs. Goode and Mr. Bradshaw absent) the Planning Commission recommended approval of the requested rezoning. The proposed amendment addresses several needs outlined in the comprehensive plan including the need to provide a variety of housing choices in existing neighborhoods and to encourage appropriate infill development that is sensitive to the existing neighborhood environment. The proffered conditions restricting the exterior appearance of the structure and location of off-street parking would continue to preserve the single family character of the area. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:mpf attachment cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of two lots at the end of Hawthorne Road, N.W. (Lots 5A and 4A of Airlee Court) from RS-3, Single Family Residential District to RM-1, Residential Duplex. PETITION TO AMEND PROFFERED CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners, William D. Roe, Jr. and Cynthia C. Roe ("Roes"), own two parcels of land located on Hawthorne Road, N.W. (Lot 4A, 0.253-acre, Official Tax No. 2190408 on which is presently built a i 1/2 story duplex, and Lot 5A, 0.217-acre, Official Tax No. 2190409, which is presently vacant). 2. On December 14, 1988, the Roes filed a petition to rezone the subject property, which petition as finally amended on April 26, 1989, requested the subject property to be rezoned from RS-3 to RM-1, such rezoning to be subject to certain conditions proffered by the Roes. A copy of the Third Amended Petition which was filed on April 26, 1989, is attached hereto as "EXHIBIT A". 3. On June 19, 1989, the Council of the City of Roanoke passed ordinance number 29602 approving the rezoning as requested above. A copy of the ordinance dated June 19, 1989, is attached hereto as "EXHIBIT B". 4. One of the proffered conditions contained in the Third Amended Petition to rezone filed on behalf of the Roes is set forth as follows: - 2 in paragraph 5(b) of such Third Amended Petition 5(b) The proposed duplex on Lot 5A fronting on Hawthorne Road, N.W. shall be constructed with either wood, vinyl or aluminum siding in substantial compliance with the concept plan identified as "EXHIBIT E" and the elevation drawings identified as "EXHIBIT F", m~bJect to any changes required by the City during site plan review. 5. The Roes, by this petition, seek to amend the proffered conditions to permit the proposed duplex on Lot 5A to be built in substantial compliance with the rendering, and in accordance with the site plan, both of which are attached hereto as "EXHIBIT C#, or to be built in substantial compliance with the conditions contained in paragraph 5(b) of the Third Amended Petition, at the option of the Roes. WHEREFORE, the petitioners proffered conditions to the petitioners, be amended as set forth above. request that the request for rezoning Respectfully submitted, WILLIAM D. ROE, JR. and CYNTHIA C. ROE V! Of ¢oun~l William B. Hopkins, Jr. Martin, Hopkins, Lemon and Carter, P. O. Box 13366 Roanoke, Virginia 24033 THIRD AMENDED PETITION TO REZON£~9 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of two lots at the ) end of Hawthorne Road, N.W. ) (Lots 5A and 4A of Airlee ) Court) from RS-3, Single ) Family Residential District ) to RM-1, Residential Duplex. ) PETITION TO RE~ONF, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE.. (1) The Petitioners, William D. Rom, Jr. and Cynthia C. Roe, ow~ two parcels of land located on Hawthorne Road, N.W. (Lot 4A, 0.253-acre, Official Tax No. 2190408 on which is presently built a 1 1/2.story duplex, and Lot 5A, 0.217-acre, Official Tax No. 2190409, which is presently vacant). A copy of a map showing the general location of such lots is attached hereto and identified am "EXHIBIT A". Said tracts ara presently zoned' RS-3, Single Family Residential District. A survey' plat of the property to be rezoned is attached hereto and identified as "EXHIBIT (2) Pursuant to Article'VII of Chapter 36, Code of the City of Roanoke (1979), aa amended, the petitioners request that the said proper~:y be rezoned from RS-3, Single Family Residential, to RM-1, Duplex for the purpose of constructing a duplex on Lot SA. The general location of the duplex to be constructed on Lot SA is attached hereto and identified as "EXHIBIT C". (3) The Petitioners believe that the rezoning of the said tract of land will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan in that it will provide additional housing in this residential area and put to uss a vacant lot that is presently serving no purpose. are the property (4) Attached hereto and identified as "EXHIBIT D" names and sddrellll of the owner or owners of all immediately adjacent to or immediately across a street or road from the property to be rezoned. (5) The petitioners hereby proffer and agree that if the said tracts are rezoned as requeeted, that the rez~ning will he subject to, and that the petitioners will abide by the following conditions: (a) The exterior appearance of the proposed duplex on Lot 5A fronting on Hawthorne Road, N.W., shall be constructed to appear single family in character. (b) The proposed duplex on Lot 5A fronting on Hawthorne Road, N.W. shall be constructed with either wood, vinyl or aluminum siding l~ substantial compliance with the concept plan identified as "EX]{IBIT E" and the elevation drawings identified as #EXHIBIT F", subject to any changes required by the City during site plan review. (c) If no building permit has been issued and no construction commenced within three (3) years from the date · 3 o£ final'zoninq approval, the razoning shall revert to RS-3 without further action by City Council. WHEI~FoRE, the Petitioners request that the above- described tract be rezonl~ &e requested in accordance with the provisions of the Zoning Ordinance of the city of Roanoke. Respectfully submittad, WILLIAM D. ROI, $I~. and CYNTHIA C. ROE Of Counael~ ~ William B. Hopkins, Jr. MARTIN, HOPKINS, LEMON AND CARTER, P.C. P. O. BOX 13366 Roanoke, Virginia 24033 IN THE COUNCIL OF THE CITY OF ROANOKE, The 19th day of June, 1989. No. 29602. VIRGINIA, AN ORDINANCE to amend {36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City 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-1, Residential Multifamily, Low 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, at' after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said appli- cation at its meeting on June 12, 1989, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, 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 heretn provided. THEREFORE, -BE IT ORDAINED by the Council of the tha: $36.1-3, Code of the City of Roanoke (1979), Sheet No. 219 of the Sectional 1976 Zone Map, City amended in the following particular and no other: Property described as two lots at the end of Hawthorne Road, N. W., being Lots 4A and 54, Map of Airlee Court, containing 0.253 and 0.217, acres, respectively, designated on Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2190408 and 2190409 be, and is hereby rezoned from RS-3, Residential Single- family District, to RM-1, Residential Multifamlly, Low Density District, subject to those condttione proffered by and set forth in the Third Amended Petition to Rezone filed with the City Clerk on April 26, 1989, and that Sheet No. 219 of'the Zone Map be changed in this respect. hereinafter City of Roanoke as amended, and of Roanoke, be ATTEST: City Clerk. LOCATION ~$ g~9H09 2~90223 Z~ PROPOSED CHANGE IN CONDITIONS \o zIgOZ27 PROPOSED CHANGE IN CONDITIONS (..4 ~ 6 Roanoi~e City Planmng Comrn~ss~on June 12, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Coucil Roanoke, Virginia Dear Members of Council: Subject: Reques~ from William D. Roe, Jr., and Cynthia C. Roe, that two lots located on Hawthorne Road, N.W., designated as Official Tax Nos. 2190408 and 2190409, be rezoned from RS-3 to RM-1, such rezoning to be subject to certain conditions proffered by the petitioner. Background: Purpose of the rezoning is to permit the construction of a new duplex on lot 2190409 and to rezone the existing duplex on lot 2190408 to reflect the current land use. Petition to rezone was filed on December 14, 1988. Original petition was unconditional. Petitioner requested that the public hearing be rescheduled on several occasions to permit him an opportunity to meet with concerned property owners. Seconded amended petition to rezone was filed on February 22, 1989. Proffered conditions were as follows: The exterior appearance of the proposed duplex on lots 5A fronting on Hawthorne Road, N.W., shall be constructed to appear single family in character. If no building permit has been issued and no construction comenced within three (3) years from the date of final zoning approval, the zoning shall revert to RS-3 without further action by City Council. Room 355 Munio~o~l Bu~lcling 215 0lurch1A~L~ S W Roanc~e V,rg~nio 24011 (703) g81-2344 Members Page 2 June 12, of Ci%= Council 1989 De Neighborhood organization (Williamson Road Action Forum) has been notified of the proposed rezoning. No response has been received as of the writing of this report. Planning Commission public hearing was held on March 1, 1989. Mr. Bill Hopkins, Jr., attorney, summarized the request on behalf of the petitioners. He stated that Mr. Roe had discussed the proposal with a number of the neighbors and that the proffered conditions were intended to insure that the proposed duplex would be sensitive to the character of the neighborhood. In response to a question from Mr. Bradshaw regarding appearance of the rear of the structure,Mr. Marlles noted that the petitioners had not proffered the rendering of the proposed duplex, which Mr. Hopkins had referred to during his presentation. Several residents appeared before the Commission to oppose the rezoning based primarily on its traffic impact. In response to a question from Mr. Bradshaw, Mr. Hopkins stated that the petitioner was agreeable to proffering that the required parking space would be in the rear of the structure. Mr. Hopkins requested that the matter be tabled in order to give his client an opportunity to revise the site plan for the property. Third amended petition was filed on April 26, 1989. Proffered conditions are as follows: The exterior appearance of the proposed duplex on Lot 5A fronting on Hawthorne Road, N.W., shall be constructed to appear single family in character. The proposed duplex on Lot 5A fronting on Hawthorne Road, N.W., shall be constructed with either wood, vinyl or aluminum siding and in substantial compliance to the plans attached hereto and identified as Exhibit E and the elevation drawings identified as Exhibit F subject to any changes required by the City during site plan review. Members of Cit~ Page 3 June 12, 1989 Council If no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the rezoning shall revert to RS-3 without further action by City Council. Planning Commission public hearing continued on May 3, 1989. Mr. Bill Hopkins appeared before the Commission and summarized the amended petition and site plan. Mr. Marlles noted that the petitioner had complied with all of staff's recommendations and stated he felt that the proffered site plan and elevations would help protect the single family character of the neighborhood. Mr. Burger, administrator of Shenandoah Nursing Home, Inc., stated he did not oppose the rezoning. II. Issues: Land use of parcel no. 2190409 is vacant residential. Parcel no. 2190408 contains an existing duplex. Land use to the north in Roanoke County is an existing nursing care facility (Shenandoah Homes, Inc.). Land uses to the west and south are single family residential units. Land use to the east is vacant commercial. Zoning is presently RS-3, Residential Single Family District. Surrounding zoning is a mixture of RM-3,Multi Family to the north (in Roanoke County), C-2, General Commercial to the east and R$-3, Single Family to the west and south. Ce Traffic generated by proposed duplex would be minimal. Neighborhood is a mixture of single family residential units to the south and the east and multi-family to the north. The fringes of the neighborhood fronting on Airport Road and Williamson Road are developed commercially. E. Comprehensive Plan recommends: 1. Protecting neighborhood character. Members of Cit~ Page 4 June 12, 1989 Council Encouraging a variety of housing choices in existing neighborhoods. Providing appropriate infill development that is sensitive to the existing neighborhood environment. III. Alternatives: A. City Council approve the rezoning request. Land use of parcel no. 2190408 is unchanged. The existing vacant parcel no. 2190409 would become available for duplex development. Zoning becomes RM-1, Residential Multi-Family district subject to proffered conditions. 3. Traffic would not be an issue. Neighborhood character would be protected by proffered conditions restricting exterior appearance of proposed duplex and site design. 5. Comprehensive Plan would be followed. B. City Council deny the rezoning request. Land use is unchanged. Existing duplex would remain as an existing non-conforming use. Vacant lot would remain available for single family development. Zoning remains RS-3 which is consistent with the existing zoning to the west and south. 3. Traffic would not be an issue. e Neighborhood character would not be affected. Comprehensive Plan would be followed to the extent that single family character of the neighborhood to the south and west would be preserved. Members of Cit~ Page 5 June 12, 1989 Council IV. Recommendation: By a vote of 4-0 (Messrs. Bradshaw and Price and Mrs. Goode absent), the Planning Commission recommended approval of the requested rezoning. The proposed rezoning addresses several needs addressed in the comprehensive plan including the need to provide a variety of housing choices in existing neighborhoods and to encourage appropriate infill development that is sensitive to the existing neighborhood environment. The proffered conditions restricting the exterior appearance of the structure and location of off-street parking would help preserve the single family character of the area. Respectfully submitted, Michael M. Waldvogel, Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner Office of the City Clerk October 26, 1989 File #51 Mr. William 8. ~opkins, Jr. Attorney P. O. Box 13366 Roanoke, Virginia 24033-3366 Dear Mr. ~opkins: 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. & Mrs. William D. Roe, Jr., that conditions proffered in conjunction with the rezoning of two parcels of land located on Hawthorne Road, N. W., being Lots 4A and 5A, Airlee Court, containing 0.253 and 0.217 acre, respec- tively, identified as Official Tax Nos. 2190408 and 2190409, be amended. 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, November 13, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. The Ordinance will be prepared by Mr. Steven J. Talevi, Assistant City Attorney, and will be forwarded to you under separate cover at a later date. Questions with regard to the City Planning Commission report should be directed to Mr. John R. ~arlles, Chief of Community Planning, at 981-2344. MFP:ra PUBLIC1 Enc. Room 456 Sincerely, Mary F. Parker, CMC City Clerk MunicipalBuilding 215Church Avenue, S,W. Roanoke, Virginia 24011 (703)981-2541 Mr. William B. Hopkins, October 26, 1989 Page 2 pc: Mr. & Mrs. R. Hugh ~artin, 5250 Hawthorne Road, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Daniel E. Cunningham, 5240 Hawthorne Road, Roanoke, Virginia 24012 Mr. William G. Goyer, 5239 Hawthorne Road~ N. W., Roanoke, Virginia 24012 ADB Ventures, 5236 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. Burger, c/o Shenandoah Homes, 5300 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. ~ilburn 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 ~r. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation k3~'~N~JKE TI~ES & ~C~.U2-x, Er, S AD NUMBER 102608792 PUBLISHER'S FEE - ~ILLiAM B HOPKINS dR BOXLEY ~LDG bTH P 0 bOX 13360 ROAdOKE VA 2~053 STATE OF VIRgINiA CITY CF ROANOKE AFFIDAVIT OF PUBLICATION I9 (THE uNDERSIbNED! AN AUTHORIZED REPRESENTATIVE ~F THE TIMES-WORLD CaR- PORATIUN9 ~HiCH CORPORATION IS ?U~LISHER OF THE RQANOKE TIHES ~ ~RL~-NE~S9 A DAILY NE.SPAPER PUBLISHED IN ROANOKm~ IN THE STATE OF VIRGINIA9 D~ CERTIFY THAT TttE ANNEXEO NOTICE ~AS PUmLISHED IN SAID NEWSPAPERS ON THE FOLLONING DATES 10/2//89 iI/O3/8g MORNING 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 Rearing on Monday, November 13, 1989, at 7:30 p.m., in the Council Cha~nber in the Municipal Building, 215 Church Avenue, S. W., or as soon thereafter as the matter may be heard, on the question of amending certain of the existing condi- tions proferred in connection with the conditional rezoning of two parcels of land located on Hawthorne Road, N. W., being Lots 4A and SA, Airlee Court, containing 0.253 and 0.217 acre, respectively, and identified as Official Tax Nos. 2190408 and 2910409 on the Tax Apprai- sal Maps of the City of Roanoke, which rezoning was accomplished by Ordinance No. 29602, adopted June 19, 1989. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of October , 1989. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, October 27, 1989, and once on Friday, November 3, 1989, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. William B. Hopkins, Jr. Attorney P. O. Box 13366 Roanoke, Virginia 24033-3366 Office of ~e City Cle~ September 18, 1989 File ~51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: rezoned from RS-3, District, to RM-1, District, subject to tioner. Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a fourth amended petition from Mr. William B. Hopkins, Jr., Attorney, representing Mr. & Mrs. William D. Roe, Jr., requesting that two parcels of land located on Hawthorne Road, N. W., being Lots 4A and 5A, Airlee Court, containing 0.253 and 0.217 acre, respec- tively, identified as Official Tax Nos. 2190408 and 2190409, be Residential Single Family, Medium Density Residential Multi-Family, Low Density certain conditions proffered by the peri- Sincerely, ~dk_~.~ Mary F. Parker, CMC City Clerk MFP:ra REZONE1 EnCo pc: Mr. William B. Hopkins, Jr., Attorney, P. O. Box Roanoke, Virginia 24033-3366 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney 13366, Room 456 Municipol Building 215 C~urch Avenue, SW Rx:~noke, l~rglnia 2401 i (703) 981-2541 TO THE CITY CLERK OF THE~-~'~ 0F ROANOKE, VIRGINIA PERTAINING TO THE CHANGE'~ ~T~O~,iOF: Request from Mr. and Mrs. William D. Roe, Jr., represented) by William B. Hopkins, Jr., attorney, that conditions ) proffered in conjunction with the rezoning of two parcels ) of land located on Hawthorne, N.W., tax nos. 2190408 and 2190409, be amended to reflect a new rendering and site plan. AFFI- ) DAVIT ) ) 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 25th day of September, 1989, notices of a public hearing to be held on the 4th day of October, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2190321 2190320 2190319 OWNER~ AGENT OR OCCUPANT R. Hugh and Emma C. Martin Daniel E. and Harriett Cunningham 2190407 Wiliam G. Goyer 2200101 ADB Ventures ADDRESS 5250 Hawthorne Road Roanoke, VA 24012 5240 Hawthorne Road Roanoke, VA 24012 5239 Hawthorne Road Roanoke, VA 24012 5236 Williamson Road/~'i! Roanoke, VA 24012 Roanoke County Mr. Burger Shenandoah Homes 5300 Hawthorne Road, Roanoke, VA 24012 X~artha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1989. Notary Public My Commission Expires: Office of the City Clerk November 22, 1989 File //51 ~r. Gene D. Lucas, President U. S. Construction Company 1117 ~estside Boulevard, N. Roanoke, Virginia 24017 Dear Mr. Lucas: I am enclosing copy of Ordinance No. 29838-112089 rezoning a tract of land lying in Block 23, Lot 1, ~ashington Heights, Official Tax No. 2761501, containing .15 acre, more or less, located at 3834 Virginia Avenue, N. ~., from RS-3, Residential Single Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Ordinance ~o. 29838-112089 was adopted by the Council of the City of Roanoke on first reading on ~onday, November 13, 1989, also adopted by the Council on second reading on ~onday, November 20, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eno o Mr. Ralph Austin, 3723 Greenland Avenue, N. W., Roanoke, Virginia 24017 ~s. Betty ~cCormick, 3826 Virginia Avenue, ~. W., Roanoke, Virginia 24017 Mr. & ~rs. ~verett £. Porterfield, 3829 Virginia Avenue, N. W., Roanoke, Virginia 24017 ~r. ~arvin L. Hickson, 1610 Statview Drive, Salem, Virginia 24153 Room a56 MunicipaIBuilding 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-25al ~r. Gene D. Lucas November 22, 1989 Page 2 pc: Ms. Eleanor F. Henderson, 3904 Virginia Avenue, N. ~., Roanoke, Virginia 24017 Whiting Oil Company, P. 0. Box 13026, Roanoke, Virginia 24030 Mso Anne L. Pryor, 3901 Virginia Avenue, ~. W., ~oanoke, Virginia 24017 ~s. Ruth L. Pryor, 3901 Virginia ~¥enue, ~. W., Roanoke, Virginia 24017 ~r. ~ayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney ~r. Von W. Moody, III, Director of Real Estate Valuation Mr. M~ichael M. ~aldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. ~uffine, City Engineer Mr. Ronald H. ~iller, Building Commissioner and Zoning Administrator ~r. John R. Marlles, Commission Ms. Doris Layne, Office of Agent/Secretary, City Planning Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29838-112089. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 276, 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 m~de to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-S, Residential Single Family District, to C-i, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned gs required by §36.1-693, Code of the City of Roanoke (1979), as amended, and ~fter conducting a public hearing on the m~tter, hgs made its recommendgtion to Council; and WHEREAS, a public hegring wms held by City Council on said appli- cation ~t its meeting on November 13, 1989, gfter due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hemring all parties in interest and citi- zens were given gn proposed rezoning; WHEREAS, this tion, the Commission, opportunity to be heard, both for and ~gminst the and Council, ~fter considering the ~foresaid applica- recommendation m~de to the Council by the Planning the City's Comprehensive Plan, ~nd the mztters 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. 276 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 3834 Virginia Avenue, N. W., being Block 23, Lot 1 of Washington Heights, designated on Sheet No. 276 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2761501 be, and is hereby rezoned from RS-3, Residential Single Family District, to C-l, Office District, subject to those conditions proffered by and set forth in the First Amended Petition to Rezone filed with the City Clerk on October 11, 1989, and that Sheet No. 278 of the Zone Map be changed in this respect. ATTEST: City Clerk. "' ..... Roanol~e city Planning Commission November 13, 1989 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Roanoke Real Exchange Corporation that a tract of land lying at 3834 Virginia Avenue, N.W., identified as official tax no. 2761501, be rezoned from RS-3, Residential Single Family District to C-l, Office District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: Purpose of the request is to permit the expansion of an existing structure for office development. Original petition to rezone was filed on May 18, 1989. Conditions proffered by the petitioner are as follows: That the property will be developed in substantial compliance with the site plan prepared by U.S. Construction Co., dated May 5, 1989, a copy of which is attached to the petition for rezoning as Exhibit B, subject to any changes required by the City during site plan review. e That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RS-3 without further action by City Council. Room 355 Municipa~ Building 215 Church Avenue, S.',},Z Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 November 13, 1989 Petitioner has made several modifications to the proposed site plan and elevation in an effort to minimize any potential impacts on the surrounding neighborhood. Plannin~ Commission public hearing was held on October 4, 1989. Mr. Gene Lucas, President of U.S. Construction, summarized the rezoning request. Mr. Lucas stated that he has been conducting a general contractors office on the site for a number of years and would like to be able to construct an addition to the building which would allow him to expand his business. Mr. Lucas also stated that he was amending his request from C-2 to C-1 zoning in response to concerns expressed by the Planning staff. Mr. Marlles gave the staff report and noted that Mr. Lucas had taken a number of measures to try and minimize the impact of the existing office use on the residential portion of the neighborhood. Mrs. Betty McCormick (3826 Virginia Avenue) appeared before the Commission and stated she had no objection to the proposed rezoning. Mrs. McCormick also stated she did not want any more lighting or the proposed solid fence erected between her property and Mr. Lucas'. Mr. Talevi noted a variance would be required if the fence was not desired since the zoning ordinance required a buffer between residential and commercial zoning districts. EJ Amended petition to rezone property from RS-3 to C-1 was filed on October 11, 1989. Conditions proffered by the petitioner are as follows: That the property will be developed in substantial compliance with the site plan prepared by U.S. Construction Co., dated May 5, 1989, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. That 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. Roanoke City Council Page 3 November 13, 1989 Proffer adjacent wood fence and agree to petition for variance of same. II. Issues: Zoning is presently RS-3, Residential Single Family District. Zoning to the north, across Virginia Avenue, N.W., is RS-3. The RS-3 district also exists to the east and west of the subject parcel. To the south the zoning is C-2, General Commercial District. Land use of the parcel to be rezoned is office. The existing office use is non- conforming in a residential district. To the north, east, and west the land use is residential. To the south a commercial use exists. Utilities are available. The current level of service is acceptable. Any storm water management could be handled on site and final design will be subject to review by the City Engineer during site plan review. Traffic impact is minimal. The proffered site plan provides for parking at the rear of the proposed addition. The existing parking area at the front of the structure along Virginia Avenue would be removed and planted with grass. Neighborhood is not presently organized. The petitioner has been advised to try to meet with the surrounding property owners prior to the public hearing. As of this writing, no comments have been made to the Planning Office. The petitioner has modified the design of the structure and site plan to minimize any potential impact on the neighborhood. F. Comprehensive Plan recommends that: Development of con~aercial sites shall be carefully planned and designed to promote quality development and good land use. Neighborhoods should be protected from encroachment of incompatible use through appropriate land use decisions and design and buffering requirements. Roanoke City Council Page 4 November 13, 1989 III. Alternatives: A. City Council approve the rezoning request. Zonin9 becomes C-1. Existing office use would become conforming and could be expanded. Land use remains office and becomes a permitted use. 3. Utilities would not be affected. 4. Traffic would not be affected. Neighborhood impact would be minimal. Neighborhood would be protected by buffering and landscaping requirements of the zoning ordinance. 6. Comprehensive Plan would be followed. B. City Council deny the rezoning request. Zoning remains RS-3. Existing office use remains non-conforming. Land use could remain, but no expansion would be allowed. 3. Utilities would not be affected. 4. Traffic would not be affected. Neighborhood could potentially be affected by the loss of a business, but the dominant residential use of the area would be preserved. 6. Comprehensive Plan would be followed. IV. Recommendation: By a vote of 5-0 (Mrs. Goode and Mr. Bradshaw absent), the Planning Commission recommended approval of the rezoning request. The Commission felt that the existing office was an appropriate use of the existing structure and would be compatible with the surrounding neighborhood. Respectfully submitted, Roanoke City Planning Commission Roanoke City Council Page 5 November 13, 1989 JRM:JTT:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner/Zoning Administrator Petitioner FIRST AMENDED PETITION 1. Proffer adjacent wood for varience of same. fence and agree to petition PETITION TO REZDNE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying Block 23, Lot 1 of Washington Heiqhts, 3834 Virginia Ave., NW 24012 -- ID# 2761501, from RS-3 to Cq , such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS CITY OF ROANOKE: in OF THE COUNCIL OF THE The Petitioner, Roanoke Real Exchange Corp., owns land the City of ~oanoke contafning,l_~5 acres, more or less, located 3834 Said tract is be rezoned is Pursuant Virqinis Avenue, NW 24012 -- Tax ID # 2761501. currently zoned RS-3. A map of the property to attached as Exhibit A. to Article VII of Chapter 36.I-690, code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3 District to C-) District, subject to certain conditions set forth below, for the purpose of enlsrginq existing dwelling space for office development with adequate off-street parkinq. This will be for slnqle business use. The petitioner believes the rezonin9 of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it ~ill preserve the residential character of the property ~hile allo~inq limited commercial use via this expansion. The Petitioner hereby proffers and a9rees that if the said tract is rezoned ss requested, that the rezonin9 will be subject to, and that the Petitioner will abide by, the follo~in9 conditions: [NOTE: CONDITIONS ARE VOLUNTARY ON THE PART OF THE PETITIONER AND ARE NOT NECESSARILY PART OF EVERY REZONING PETITION. THE PLANNING OFFICE HAS A HANDOUT SETTING FORTH A RECOMMENDED FORMAT FOR WORDING CONDITIONS: THIS FORMAT HAS BEEN APPROVED BY THE PLANNING COMMISSION.] 1. That the p:operty wil'l be developed in substantial compliance with the site plan p:epa:ed by U. S. Const:uction Co~, dated May 5, 1989, a copy of which ts attached to the Petition fo: Rezoning as Exhibit ~, subject to any changes requi:ed by the City du:ing site pian review. 2. That if no building permit has been Issued and no construction commenced within ~ years f:om the date of flnai zoning approval, the zoning shall revert to RS-3 without furthe: action by City Council. Attached as Exhibit ~ are the names, add:eases and tax numbers of the owner or owners of all lots o: p:operty imme- diately 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 ss requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this .~ day of ~- , Respectfully submitted, By: LOCA ~? 7 mm m / / // lml Office of the City Clerk October 26, 1989 File #51 Mr. Gene D. Lucas, President U. $. Construction Company 1117 Westside Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Lucas: 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 Roanoke Real Exchange Corporation that a tract of land lying in Block 23, Lot 1, Washington Heights, Official Tax ~o. 2761501, containing .15 acre, more or less, located at 3834 Virginia Avenue, N. W., be rezoned from RS-3, Residential Single Family, Medium Density District, to C-1, Office 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, November 13, 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, f 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 Con~nission report should be directed to Mr. John R. ~arlles, Chief of Community Planning, at 981-2344. MFP: r a PUBLIC16 Enc. Room 456 Municipal Building Sincerely, Mary F. Parker, City Clerk 215Church Avenue, $. w. Roanoke, Virginia 2~[011 (703)981-2541 Mr. Gene D. Lucas October 26, 1989 Page 2 pc: Mr. Ralph Austin, 3723 Greenland Avenue, ~. W., Roanoke, Virginia 24017 Ms. ~etty McCormick, 3826 Virginia Avenue, ~. W., Roanoke, Virginia 24017 Mr. & Mrs. Everett E. Porterfield, 3829 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. Marvin L. Hickson, 1610 Statview Drive, Salem, Virginia 24153 Ms. Eleanor F. Henderson, 3904 Virginia Avenue, N. Roanoke, Virginia 24017 Whiting Oil Company, P. 0. Box 13026, Roanoke, Virginia 24030 Ms. Anne L. Pryor, 3901 Virginia Avenue, ~. W., Roanoke, Virginia 24017 Ms. Ruth L. Pryor, 3901 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven 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 ~. 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 AO NUMBER 10Zb12065 PUBLISHER*S FEE - CItY OF KOANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 466 MUNICIPAL ELDG ROANOKE VA 24011 STATE OF VIRGINIA CiTY OF ROANOKE AFFIOAViT CF PUOLICATION I, ITHE UND~RSIGNmD) AN AD[HO~IZE~ REPRESENTATIVE ~F THE TIMES-WORLD COP- PUPATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMbS & NORLD-NEWS, A DAILY NEWSRAPER RUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED mOTICE ~AS PUaLISH~D IN SAiO Nm~SPAPERS ON THE FOLLOWING DATES 10/27/~9 ~qORNI~G 11/03/~9 MORNING NI1NfiSS, THIS OTH DAY OF NOVEMBER ~9d9 NOTICE OF PUBLIC HEAHING 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 bold a Public Hearing on Monday, November 13, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RS-3, Residential Single-Family District, to C-l, Office District, the following property: A tract of land lying at 3834 Virginia Avenue, N.W., being Block 23, Lot 1 of Washington Heights, and bearing Official Tax No. 2761501 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 25th day of October ,1989 . Mary F. Parker, City Clerk Please publish in full twice, once on Friday, October 27, 1989, and once on Friday, November 3, 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 Office of the City Clerk October 16, 1989 ~r. Michael M. Waldvogel Chairman ~ity Planning Commission Roanoke, Virginia Dear ~r. 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 Roanoke Real Exchange Corporation, requesting that a tract of land lying in Block 23, Lot i, Washington Heights, Official Tax No. 2761501, containing .15 acre, more or less, located at 3834 Virginia Avenue, N. ~., be rezoned from RS-3, Residential Single Family, Medium Density District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, ~4ary F. Parker, CMC City Clerk MFP:ra REZONE16 Eno. pc: Mr. Gene D. Lucas, President, U. S. Construction Company, 11~7 Westside Boulevard, ~. W., Roanoke, Virginia 2401~ ~r. John R. Marlles, Agent/Secretary, City Planning Commission ~r. Ronald H. Hiller, Zoning Administrator ~r. Steven J. Talevi, Assistant City Attorney Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)g81-2541 FIRST AMENDED PETITION 1. Proffer adjacent wood for varience of same. fence and agree to petition P£T]T]ON TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying Block 23, Lot 1 of Washington Heiqhts, 3834 Virginia Ave., NW 24D12 -- ID# 2761501, from RS-~ to C~ , such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Roanoke Real Exchanqe Corp., owns land in the City of ~oanoke containing .1--5 acres, more or less, located ~834 Virginia Avenue, NW 24012 -- Tax ID # 2761501. Said tract is currently zoned RS-). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.I-690, code of the City of Roanoke (1979), as emended, the Petitioner requests that the said property be rezoned from RS-3 District to C-~ District, subject to certain conditions set forth below, for the purpose of enlarqing existinq dwellinq space for office development with adequate off-street parking. This will be for single buslness use. The petitioner belleves the rezoning of the sald tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive p]an, in that it wCll preserve the resldentlal character of the property while a11owlnq limited commercial use via this expansion. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezonin9 ~ill be subject to, and that the Petitioner ~ill sblde by, the followtn9 conditions: [NOTE: CONDITIONS ARE VOLUNTARY ON IHE PART OF THE PETITIONER AND ARE NOT NECESSARILY PARI OF EVERY REZONING PEIITION. THE PLANNING OFFICE HAS A HANDOUI SEITING FORTH A RECOMMENDED FORMAT FOR WORDING CONDITIONS: THIS FORMAT HAS BEEN APPROVED BY THE PLANNING COMMISSION.] That the property wil.i be developed in substantial compliance with the site plan prepared by U. S. Construction Co., dated May 5, 1989, a copy of which is attached to subject to any plan r~vtew. the Petition for Rezoning as Exhibit ~, changes required by the City during site no date of to RS-3 That if no building permit has been issued and construction commenced within 3 years from the final zoning approval, the zoning shall revert without further action by City Council. Attached as Exhibit ~ are the names, addresses and tax numbers of the owner or owners of all lots or property imme- diately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City Respectfully submitted this of Roanoke. dayof Respectfully submitted, By: O~ce c~ the Ci~ Oerk May 22, 1989 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979)~ as amended, I am enclosing copy of a petition from Roanoke Real Exchange Corporation, requesting that a tract of land lying in Block 23, Lot 1~ Washington Heights (Official Tax No. 2761501, containing .15 acre, more or less, located at 3834 Virginia Avenue, N. W., be rezoned from R$-3, Residential Single Family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, , ~,/ Mary F. Parker, CMC City Clerk MFP: ra REZO NE 16 pc: Mr. Gene D. Lucas~ President, U. S. Construction Company, 1117 Westside Boulevard~ N. W., Roanoke~ Virginia 24017 Mr. John R. Marlles, Agent/Secretary, City Planning Corrgnission Mr. Ronald R. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, SW Rc~nc~e, ~rg~nia 24C~11 (703) 981-2541 PETITION TO REZONE IN THE CDUNCIL OF THE CITY OF ROANOK~~, ~RGINIA IN RE: '89 ~'1i'~ 1~ ~,~o,~,r Rezoning of a tract of land lying Block 23? Lot 1 of Washinqton Heiqhts~ 3834 Virginia Ave.~ NW 24012 -- ID# 2761501, from RS-3 to C-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Roanoke Real Exchange Corp., omns land in the City of Roanoke containing .15 acres, more or less, located 3834 Vi~qinia Avenue~ N~ 24012 -- Tax ID # 2761501. Said tract is currently zoned RS-3. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, code of the City of Roanoke (1979), as amended, the Petitioner requests that the said p~operty be rezoned from RS-3 District to C-20istrict, subject to certain conditions set forth belom, for the purpose of enlarqing existinq dmellinq space for office development mith adequate off-street parkinq. This mill be for sinqle business use. The petitioner believes the rezoning of the said tract of land mill further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it mill preserve the residential character of the property mhile allominq limited commercial use via this expansion. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning mill be subject to, and that the Petitioner mill abide by, the folloming conditions: ENOTE: CONDITIONS ARE VOLUNTARY ON THE PART OF THE PETITIONER AND ARE NOT NECESSARILY PART OF EVERY REZONING PETITION. THE PLANNINO OFFICE HAS A HANDOUT SETTING FORTH A RECOMMENDED FORNAT FOR WORDING CONDITIONS: THIS FORMAT HAS BEEN APPROVED BY THE PLANNING COMMISSION.] 1. That the property will be developed in substantial compliance with the site plan prepared by U. S. Construction Co., dated May 5~ 1989, a copy of which is attached to the Petition for Rezoning as Exhibit ~, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RS-3 without further action by City Council. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property imme- diately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this /~ day or ¢ , By: Respectfully submitted, THE NAME WE BUILD ON May 18, 1989 Community Planning Room 355 - 215 Church Municipal Building Roanoke, VA 24011 Ave., SW To Whom It May Concern: Please find enclosed a petition request for rezoning of the property on 3834 Virginia Ave., NW. Any correspondence concerning this matter needs to be sent to me at the above address. Thank you for your assistance in this matter. Sincerely, Gene D. Lucas President GDL/ksd Enclosure EXHIBIT A 8760812. 8160108 ~o~o~ ~ ~ E7~0806 ~ ~ 276050~ ~, 875080G e E7608o7 ~ EXHIBIT C (1) (2) (3) (4) 3831 Melrose Avenue "Sport Motors" Owner of property: Ralph Austin Tax ID #276 1510 3826 Virginia Avenue Owner: Betty McCormick Tax ID #276 1503 and 276 1502 3829 Virginia Avenue Owner: Everett E. Porterfield Tax I0 #276 0810 3833 Virginia Avenue Owner: Marvin L. Hickson Tax ID 276 0809 3904 Virginia Avenue Owner: Eleanor F. Henderson Tax ID #276 1409 (6) 3911 Melrose Ave. NW. Owner: Whiting Oil Co. Tax ID. 276 1417 (7) 3901 Virginia Ave. NW. Owner: Anne louis Pryor Tax ID # 2760720 TO THE CITY CnE Or CITY 6ANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST ~F~'3 ' Request from Roanoke Real Exchange Corporation that a tract of land lying at 3834 Virginia Avenue, NW identified as official tax no. 2761501, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. 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 25th day of September, 1989, notices of a public hearing to be held on the 4th day of October, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2761510 OWNERr AGENT OR OCCUPANT Ralph Austin ADDRESS 3723 Greenland Avenue/~(~> Roanoke, VA 24017 2761503 2761502 Betty McCormick 3826 Virginia Avenue/!~ .< Roanoke, VA 24017 2760810 Everett E. & Mary Porterfield 3829 Virginia Avenue Roanoke, VA 24017 2760809 Marvin L. Hickson 1610 Starview Drive Salem, VA 24153 2761409 Eleanor F. Henderson 3904 Virginia Avenue V.:. Roanoke, VA 24017 2761417 Whiting Oil Co. P.O. Box 13026 Roanoke, VA 24030 2760720 Anne Louise & Ruth L. Pryor Martha Pace Franklin 3901 Virginia Avenue Roanoke, VA 24017 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1989. Notary Public My Commission. Expires: TO THE CITY CLERK OF THE C~I OF ROANOKE, VIRGINIA PERTAINING TO THE REZONIN~O~i~ 27 !~ ~'~ Request from Roanoke Real Exchange Corporation that a) tract of land lying at 3834 Virginia Avenue, NW., )AFFIDAVIT identified as official tax no. 2761501, be rezoned ) from RS-3 to C-2, conditional. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the 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 2761510 2761503 2761502 2760810 2760809 2761409 2761417 2760720 OWNER~ AGENT OR OCCUPANT Ralph Austin Betty McCormick Everett E. & Mary Porterfield Marvin L. Hickson Eleanor F. Henderson Whiting Oil Co. Anne Louise & Ruth L. Pryor ADDRESS 3723 Greenland Avenue Roanoke, VA 24017 3826 Virginia Avenue Roanoke, VA 24017 3829 Virginia Avenue Roanoke, VA 24017 1610 Starview Drive Salem, VA 24153 3904 Virginia Avenue Roanoke, VA 24017 P. O. Box 13026 Roanoke, VA 24030 3901 Virginia Avenue Roanoke, VA 24017 Mart~a Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the Roanoke, Virginia, this 26th day of June, 1989. My Commission Expires: Notary Public City of Office of the City Clerk November 22, 1989 File #51 ~r. Donald L. ~etherington Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. ~etherington: ! am enclosing copy of Ordinance No. 29839-112089 rezoning a tract of land containing 1.55 acre, abutting an industrial district, located at 1015 Georgia Avenue, N. E., described as Lots i 8, inclusive, Block 6, Fairmont, Official Tax 3061401, from R~-i, Residential Multi-Family, Low ~ensity District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Ordinance No. 29839-112089 adopted by the Council of the City of Roanoke on first reading on ~onday, November 13, 1989, also adopted by the Council on second reading on ~onday, November 20, 1989, and will' take effect ten days following the date of its second reading. Sincerely, .~ Mary F. Parker, C~4C City Clerk MFP:ra Enc o ~s. Rebecca A. Palmer, c/o ~r. Paul Beckner, 1404 10th Street, N. E., Roanoke, Virginia 24012 Mr. & Mrs. William C. Yopp, 1410 11th Street, N. E., Roanoke, Virginia 24012 Mr. & ~rs. '~ayne C. Clark, 1014 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 ~s. Ira Jackson, Route 2, Jewell Ridge, Virginia 24622 Ms. Dollie M. Jackson, Route 2, Jeweil Ridge, Virginia 24622 Room456 MunicipalBuilding 215Church Avenue, S.w. Roanoke, Virginia 2a011 (703)981-2541 Mr. Donald L. Wetherington November 22, 1989 Page 2 Mr. & Mrs. James K. Metz, 4041 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Robert P. Gillispie, 1602 11th Street, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Merrill C. Lindamood, 918 Old Court Lane, S. W., Roanoke, Virginia 24015 Mr. & Mrs. L. D. Trent, 932 Georgia Avenue, N. E., Roanoke, Virginia 24012 Mr. Paul C. Beckner, 1404 10th Street, N. E., Roanoke, Virginia 24012 Mr. Warren L. McCormack, c/o Johnson International, 1202 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. ~. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Tale¥i, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. ~aldvogel, Chairman, City Planning Commission Mr. £. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public ~orks Mr. Kit H. Kiser, Director of Utilities and Operations ~r. Charles ~. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator ~r. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of November, 1989. No. 29839-112089. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 306, 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 RM-1, Residential Multi-Family, Office District, subject to cant; and WHEREAS, the City Planning Low Density District District, to C-l, certain conditions proffered by the appli- Commission, which after notice to all concerned as required by $36.1-693, Code of Roanoke (1979), as amended, and after conducting a public the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on cation at its meeting on November 13, 1989, notice thereof as required by ~36.1-693, Code (1979), as amended, zens were given an opportunity to proposed rezoning; and WHEREAS, this Council, after considering the tion, the recommendation made to the Council Commission, the City's Comprehensive Plan, giving proper the City of hearing on said appli- after due and timely of the City of Roanoke at which hearing all parties in interest and citi- be heard, both for and against the aforesaid applica- by the Planning 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. 306 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 City of Roanoke, Virginia, at 1015 Georgia Avenue, N. E., more particularly described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Fairmont, designated on Sheet No. 306 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3061401 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District District, to C-l, Office District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on October 12, 1989, and that Sheet No. 306 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke Ci~, Planning Commission November 13, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the National Association of Letter Carriers, Branch 524, represented by Mr. Donald L. Wetherington, attorney, that a tract of land located at 1015 Georgia Avenue, N.E., bearing official tax no. 3061401, be rezoned from RM-1, Residential Multifamily District to C-l, Office District. Background: Purpose of the rezoning is to permit the reuse of an existing structure for permitted C-1 uses, including those uses requiring a special exception as granted by the Board of Zoning Appeals. Be Original petition was filed on September 13, 1989. A text error caused the need for an amended petition. Ce First amended petition was filed on September 14, 1989. Petition was unconditional. De Second amended petition was filed on October 12, 1989, following the Planning Commission public hearing. The following conditions was proffered: If the petitioners fail to obtain a special exception from the Board of Zoning Appeals of the City of Roanoke to permit use of the property for a fraternal organization within the meaning of Section 36.1-165(3) of the Roanoke City Code before June 1, 1990, then the zoning classification will revert to RM-1. 355 Municipal Building 2t5 Chura~ Avenue, SW. Roonoke, Virginia 24.011 (703) 981-2344 Roanoke City Council Page 2 November 13, 1989 Ee Planning Commission public hearing was held on Wednesday, October 4, 1989. Mr. Donald L. Wetherington, attorney, appeared before the Commission on behalf of the petitioner. Mr. Wetherington stated that the rezoning was being sought so that the existing vacant church building could be reused as a meeting hall by the petitioners. Mr. Wetherington further stated that the rezoning followed the comprehensive plan and would not disrupt the neighborhood. Mr. Marlles gave the staff report recommending approval of the request noting that the re-use was appropriate and provided a good transition between residential and manufacturing uses existing in the area. Mr. Price questioned if any reversion clause was being proffered. Mr. Wetherington stated that the petitioner was willing to agree to such a proffer if a special exception was not granted. II. Issues: ae Zoning is presently RM-1, Residential Multifamily, Low Density District. Zoning to the north, south and west of the parcel is RM-1. To the east of the parcel the zoning is LM, Light Manufacturing. Be Land use is presently a vacant church and is a permitted use in the RM-1 district. To the immediate north is undeveloped residential property. Further north exist residential uses. To the east a manufacturing use occurs. To the south and west is developed residential use. Ce Utilities currently serve the site. Any further development on the site requiring storm water management could be accomplished and would be subject to comprehensive site plan review. Access from 10th Street, N.E. and Georgia Avenue, N.E. is adequate and safe. Existing parking spaces along Georgia Avenue would continue to be used. Ee Neighborhood impact: Neighborhood organizations (Williamson Road Action Forum and Wildwood Civic League) were notified, in writing, of the rezoning request. No objections have been received by this office as of the writing of this report. Roanoke City Council Page 3 November 13, 1989 III. 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 neighborhood quality. Conflicts between industrial and residential uses should be minimized. Alternatives: IV. City 1. City 1. 2. 3. 4. 5. 6. Be Council approve the rezoning request. Zonin9 becomes C-1. Existing structure is utilized. Land use become commercial, with a special exception for clubs, lodges, and fraternal organizations. Utilities are not affected. Access is not affected. Neighborhood would realize the benefit of seeing a vacant structure utilized. Comprehensive Plan is followed. Council deny the rezoning request. Zonin9 remains RM-1. Land use remains unchanged. Utilities are not affected. Access is not affected. Neighborhood remains the same. Comprehensive Plan could be followed. Recommendation: By a vote of 4-0-1 (Mr. Waldvogel abstaining and Mrs. Goode and Mr. Bradshaw absent) the Planning Commission recommended approval of the rezoning. The C-1 district provides a good transitional use and buffer between industrial and residential Roanoke City Council Page 4 November 13, 1989 uses. Any additional or further construction to the site would be subject to further comprehensive site plan review thereby guaranteeing preservation of the neighborhood character. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner's Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANoEM Re: Rezoning of a tract of land lying) in the City of Roanoke, Virginia ) at 1015 Georgia Avenue, N.E., ) more particularly described as ) Lots 1, 2, 3, 4, 5, 6, 7 and 8, ) Block 6, Fairmont, from RM-1 ) residential multi-family, low ) density district to C-1 office ) and institutional district. ) SECOND PETITI~REZONM TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners, National Association of Letter Carriers, Branch 524, have a contract to purchase a certain tract of land located in the City of Roanoke, Virginia, " ' containing 1.55 acres, and abutting an industrial district, located at 1015 Georgia Avenue, N. E., more particularly described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Fairmont, and designated on Roanoke City appraisal Map as Official Tax Number 3061401; the said tract is ~urrently zoned PM-I, residential multi-family, low density district. A map of the property to be rezoned is attached as Exhibit A and a concept ¢ ¢ plan outlining the features of the proposed is attached as Exhibit B. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be ~ezoned from RI~-i, residential multi-family, low density district to C-l, office and institutional district for the purpose of C~i office district uses and other such uses for which the existing~structures may be adopted without changing their essential character. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will promote the general welfare and conform to the overall character of the area. 4. Attached as Exhibit C are the names and addresses of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. use of the property 5. The petitioners proffer the following condition. If the petitioners fail to obtain a special exception from the Board of Zoning Appeals of the Cit~ of Roanoke to permit use of the property for a fraternal organization within the meaning of 936.1-165(3) of the Roanoke City Code before June 1, 1990, then the zoning classification will revert 2 WHEREFORE, the petitioners request that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: October _~, 1989 Wetherington & Melchionne Post Office Box 90 Roanoke, Virginia 24002 703-982-3800 Respectfully submitted, Attorney for the National Association of Letter Carriers, Branck_524~- The Church of Christ -- c/o Thomas J. Hall, Trustee Woods, Rogers & Hazlegrove Post Office Box 720 Roanoke, Virginia 24004 703-982-2420 Truatee llth Street, N. W. ,~ Mclchi~qna 3 EXHIBIT B EXHIBIT C Adjoining Property Owner List TAX MAP NO. 3061312 PROPERTY OWNER MAILING ADDRESS Rebecca Ann Palmer c/o Paul Beckner 1404 10th Street, N. E. Roanoke, Virginia 24012 3061409 and 3061410 William C. and Edith E. Yopp 1410 llth Street, N. E. Roanoke, Virginia 24012 3061411 and 3061412 Wayne C. and Margaret A. Clark 1014 Pocahontas Avenue, N. E. Roanoke, Virginia 24012 3061413 William C. and Edith E. Yopp 1410 - llth Street, N. E. Roanoke, Virginia 24012 3061213 and 3061214 Ira, Jr. and Dollie Mae Jackson Route 2 Jewell Ridge, Virginia 24622 3061215 and Catherine Soffos 3061216 No address available 30612173 3061218; 3061219; 3061220; 3061221 and James K. and Yvonne R. Metz 4041 Melrose Avenue, N. W. Roanoke, Virginia 24017 3061222; and 3061223 Robert P. and Bonnie S. Gillispie 1602 - llth Street, N. E. Roanoke, Virginia 24012 3061504 Merrill C. and Elizabeth H. Lindamood 918 Old Court Lane, S. W. Roanoke, Virginia 24015 CIT ROA LOCATION. / ~ 05 Office of the City Clerk October 26, 1989 File #51 Mr. Donald L. Wetherington Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of a report of the City Planning Commission recommendiag that the Council of the City of Roanoke grant the request of your client, the National Association of Letter Carriers, Branch 524, that a tract of land containing 1.55 acre, abutting an industrial district, located at 1015 Georgia Avenue, N. E., described as Lots i 8, Block 6, Fairmont, Official Tax No. $061401, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-1, Office 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, November 13, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. The Ordinance will be prepared by Mr. Steven J. Talevi, Assistant City Attorney, and will be forwarded to you under separate cover at a later date. Questions with regard to the City Planning Commission report should be directed to Mr. John R. ,Marlles, Chief of Community Planning, at 981-2344. MFP:ra PUBLIC23 Sincerely, Mary F. Parker, CMC~' / City Clerk Room 456 MunicipaIBuitding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Mr. Donald L. Wetherington October 26, 1989 Page 2 pC: Ms. Rebecca A. Palmer, c/o Mr. Paul Beckner, 1404 10th Street, N. E., Roanoke, Virginia 24012 Mr. & Mrs. William C. Yopp, 1410 11th Street, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Wayne C. Clark, 1014 Pocahontas Avenue, N. E., Roanoke, Virginia 24012 Ms. Ira Jackson, Route 2, Jewell Ridge, Virginia 24622 Ms. Dollie ~. Jackson, Route 2, Jewell Ridge, Virginia 24622 Mr. & Mrs. James Roanoke, Virginia Mr. & Mrs. Robert Roanoke, Virginia Mr. & Mrs. Merrill Roanoke, Virginia K. Metz, 4041 Melrose Avenue, N. W., 24017 P. Gillispie, 1602 - 11th Street, N. E., 24012 C. Lindamood, 918 Old Court Lane, S. W., 24015 Mr. & Mrs. L. D. Trent, 932 Georgia Avenue, N. E., Roanoke, Virginia 24012 Mr. Paul C. Beckner, 1404 10th Street, N. E., Roanoke, Virginia 24012 Mr. Warren L. McCormack, c/o Johnson International, 1202 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. ~. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney ~r. 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, 8oard of Zoning Appeals Mr. William F. Clark, Director of Public Works ~r. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator ~r. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation A;) NUi'qBER - IOZSOO52q- PUGLISHER'S FEE - $82.02 WETHERINGTON-HELCHIONNA 1100 CRESTAA ~ANK BLDG ROANOKE VA 24002 STATE OF VIRGINIA CIFY CF ROANOKE AFFIDAVIT ~F PUbLiCATiON I, (T~E UNDERSIGNED) AN AUTHUAIZ6D REPRmSENTATIVE CF THe TINES-WORLD CUR- POAATION9 ~HICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES 6 mCRLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE ~AS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 10/27/~9 NOgNING 11/03/89 MORNING WITNESS, THIS 6TH DAY OF NOVEM~JEA 1989 AUTHJK[ZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 13, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RM-1, Residential Multi-Family, Low Density District, to C-i, Office District, the following pro- perty: A tract of land lying in the City of Roanoke, Virginia, at 1015 Georgia Avenue, N. E., more par- ticularly described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Fairmont, and being bearing Official Tax No. 3061401. 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 25th day of October ,1989 Mary F. Parker, City Clerk Please publish in full twice, once on Friday, October 27, 1989, and once on Friday, November 3, 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. Donald L. Wetherington Attorney P. O. Box 90 Roanoke, Virginia 24002 Office ofthe City Clerk October 16, 1989 ~r. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear ~r. 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. Donald L. Wetherington, Attorney, representing the National ,~ssociation of Letter Carriers, Branch 524, requesting that a tract of land containing 1.55 acre, abutting an industrial district, located at 1015 Georgia Avenue, N. E., described as Lots I 8, inclusive, Block 6, Fairmont, Official Tax No. 3061401, be rezoned from RM-1, Residential ~uIti-Family, Low Density District, to C-1, Office District, sub- ject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra REZONE23A Eric pc: Mr. Donald L. ~etherington, Attorney. P. O. Box 90, Virginia 24002 ~r. Johri R. Marlles, Agent/Secretary, City Planning Commission ~r. Ronald H. Miller, Zoning Administrator ~r. Steven J. Talevi, Assistant City Attorney Roanoke, Room456 MunicipalBuilding 215Church Avenue. S.W. Roanoke, Virginia 24011 (703)~J81-2541 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANORE Re: Rezoning of a tract of land lying) in the City of Roanoke, Virginia ) at 1015 Georgia Avenue, N.E., ) more particularly described as ) Lots 1, 2, 3, 4, 5, 6, 7 and 8, ) Block 6, Fairmont, from RM-1 ) residential multi-family, low ) density district to C-1 office ) and institutional district. ) SECOND PET I T I O--ON--~-0-RE Z ONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners, National Association of Letter Carriers, Branch 524, have a contract to purchase a certain tract of land located in the City of Roanoke, Virginia, "' containing 1.55 acres, and abutting an industrial district, located at 1015 Georgia Avenue, N. E., more particularly described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Fairmont, and designated on Roanoke City appraisal Map as Official Tax Number 3061401; the said tract is ~urrently zoned RM-1, residential multi-family, low density district. A map of the property to be rezoned is attached as Exhibit A and a concept Wedmdn~on 8r IVleldfionna W~theri~ton ~r ~lelchic~ma plan outlining the features is attached as Exhibit B. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RM-1, residential multi-family, low density district to C-I, office and institutional district for the purpose of C-1 office district uses and other such uses for which the existing structures may be adopted without changing their essential character. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will promote the general welfare and conform to the overall character of the area. 4. Attached as Exhibit C are the names and addresses of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. 5. The petitioners proffer the following condition. If the petitioners fail to obtain a special exception from the Board of Zoning Appeals of the Cit~ of Roanoke to permit use of the property for a fraternal organization within the meaning of 936.1-165(3) of the Roanoke City Code before June 1, 1990, then the zoning classification will revert to RM-1. of the proposed use of the property 2 WHEREFORE, the petitioners request that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: October _~, 1989 Respectfully submitted, /Donald L7 Wethering~dn, Attorney for the National Association of Letter Carriers, Branch~_524~- Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 703-982-3800 The Church of Christ -- llth Street, c/o Thomas J. Hall, Trustee Woods, Rogers & Hazlegrove Post Office Box 720 Roanoke, Virginia 24004 703-982-2420 ( Thomas J~all, Trustee r~ N. Mo Wcd~erington &' Melchionna 3 Or, ce of ~he City Clerk September 18, lg89 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. Donald L. Weatherington, Attorney, representing the National Association of Letter Carriers, Branch 524, requesting that a tract of land containing 1.55 acre, abutting an industrial district, located at 1015 Georgia Avenue, N. E., described as Lots I 8, Block 6, Fairmont, Official Tax No. 3061401, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-1, Office District. Sincerely, ../'~') Mary F. Parker, CMC City Clerk MFP:ra REZONE23A Enc, pc: Mr. Donald L. Weatherington, Attorney, p. O. Box 90 Roanoke, Virginia 24002 ' Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 2t5 C~urch Avenue, SW. Roanoke. V~rg~nia 24011 (703) 981-254'1 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of a tract of land lying) in the City of Roanoke, Virginia ) at 1015 Georgia Avenue, N.E., ) more particularly described as ) Lots I, 2, 3, 4, 5, 6, 7 and 8, ) Block 6, Fairmont, from RM-1 ) residential multi-family, low ) density district to C-1 office ) and institutional district. ) FIRST AMENDED PETITIO--0-~TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners, National Association of Letter Carriers, Branch 524, have a contract to purchase a certain tract of land located in the City of Roanoke, Virginia, containing 1.55 acres, and abutting an industrial district, located at 1015 Georgia Avenue, N. E., more particularly described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Fairmont, and designated on Roanoke City appraisal Map as Official Tax Number 3061401; the said tract is currently zoned RM-1, residential multi-family, low density district. A map of the property to be rezoned is attached as Exhibit A and a concept plan outlining the features of the proposed use of the property is attached as Exhibit B. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RM-1, residential multi-family, low density district to C-l, office and institutional district for the purpose of C-1 office district uses and other such uses for which the existing structures may be adopted without changing their essential character. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will promote the general welfare and conform to the overall character of the area. 4. Attached as Exhibit C are the names and addresses of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. 2 WHEREFORE, the petitioners request that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: September 14, 1989 Respectfully submitted, Donald L. WetheringtoM, Attorney for the National Association of Letter Carriers, Branch 524 Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 703-982-3800 The Church of Christ -- llth Street, c/o Thomas J. Hall, Trustee Woods, Rogers & Hazlegrove Post Office Box 720 Roanoke, Virginia 24004 703-982-2420 T~oma~s J. Ha~, T~ust~~- 3 EXHIBIT A MAP DEPICTING AtLEA REQUESTED FOR REZONIN.G '".~.."_..""/~.\ ' .' : ....~ _'.... ':.... k~ ~=. "....~. k~X .'~h .~k -.~ EXHIBIT B CONCEPT PLAN '-- ~~ "'~' ..... -.... ~:.~.'.-.-.'.--';~ , ,~,___ ... EXHIBIT C Adjoining Property Owner List TAX MAP NO. PROPERTY OWNER MAILING ADDRESS 3061312 Rebecca Ann Palmer c/o Paul Beckner ~._ 1404 - 10th Street, N. E. Roanoke, Virginia 24012 3061409 and 3061410 William C. and Edith E. Yopp 1410 llth Street, N. E. Roanoke, Virginia 24012 3061411 and 3061412 3061413 Wayne C. and Margaret A. Clark 1014 Pocahontas Avenue, N. E. Roanoke, Virginia 24012 William C. and Edith E. Yopp 1410 llth Street, N. E. Roanoke, Virginia 24012 3061213 and 3061214 Ira, Jr. and Dollie Mae Jackson Route 2 Jewell Ridge, Virginia 24622 3061215 and Catherine Soffos 3061216 No address available 3061217; 3061218; 3061219; 3061220; 3061221 and James K. and Yvonne R. Metz 4041 Melrose Avenue, N. W. Roanoke, Virginia 24017 3061222; 3061223 and Robert P. and Bonnie S. Gillispie 1602 - llth Street, N. E. Roanoke, Virginia 24012 3061504 Merrill C. and Elizabeth H. Lindamood 918 Old Court Lane, S. W. Roanoke, Virginia 240~5 Oftice of the City Clerk September 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 a petition from Mr. Donald L. Weatherington, Attorney, representing the National Association of Letter Carriers, Branch 524, requesting that a tract of land containing 1.55 acre, abutting an industrial district, located at 1015 Georgia Avenue, N. E., described as Lots 1 8, 8lock 6, Fairmont, Official Tax Nos. 3061401 3061408, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-1, Office District. Sincerely, /~-~ Mary F. Parker, CMC City Clerk MFP:ra REZONE23 Eric o pc: Mr. Donald L. Weatherington, Attorney, P. O. Box 90, Roanoke, Virginia 24002 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church A~nue, SW Roanoke. "~rglnia 2401 i (703) 98t-254t VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of a tract of land lying) in the City of Roanoke, Virginia ) at 1015 Georgia Avenue, N.E., ) more particularly described as ) Lots 1, 2, 3, 4, 5, 6, 7 and 8, ) Block 6, Fairmont, from RM-1 ) residential multi-family, low ) density district to C-1 office ) and institutional district ) subject to obtaining approval of ) a special exception use for a ) fraternal organization. ) PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners, National Association of Letter Carriers, Branch 524, have a contract to purchase a certain tract of land located in the City of Roanoke, Virginia, containing 1.55 acres, and abutting an industrial district, located at 1015 Georgia Avenue, N. E., more particularly described as Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Fairmont, and designated on Roanoke City appraisal Map as Official Tax Numbers 3061401, 3061402, 3061403, 3061404, 3061405, 3061406, 3061407, and 3061408; the said tract is currently zoned RM-1, residential multi-family, low density district. A map of the property to be rezoned is attached as Exhibit A and a concept plan outlining the features of the proposed use of the property is attached as Exhibit B. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RM-1, residential multi-family, low density district to C-l, office and institutional district, subject to petitioners obtaining approval of a special exception use for a fraternal organization, primarily for social, educational or recreational purposes which advance the causes of the National Association of Letter Carriers, including, but not limited to, providing a meeting place for the membership and its officers. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will promote the general welfare and conform to the overall character of the area. 4. Attached as Exhibit C are the names and addresses of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. 2 WHEREFORE, the petitioners request that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: September 13, 1989 Respectfully submitted, D~nald L. Weth~eringtonJ~ Attorney for the National Association of Letter Carriers, Branch 524 Wetherington & Melchionna Post Office Box 90 Roanoke, Virginia 24002 703-982-3800 The Church of Christ -- llth Street, c/o Thomas J. Hall, Trustee Woods, Rogers & Hazlegrove Post Office Box 720 Roanoke, Virginia 24004 703-982-2420 3 EXHIBIT A MAP DEPICTING AREA REQUESTED FOR REZONIN,G EXHIBIT B CONCEPT PLAN ' ~"-....'.':i'.'-.-... EXHIBIT C Adjoining Property Owner List TAX MAP NO. PROPERTY OWNER MAILING ADDRESS 3061312 Rebecca Ann Palmer c/o Paul Beckner 1404 10th Street, N. E. Roanoke, Virginia 24012 3061409 and 3061410 William C. and Edith E. Yopp 1410 - llth Street, H. E. Roanoke, Virginia 24012 3061411 and 3061412 Wayne C. and Margaret A. Clark 1014 Pocahontas Avenue, N. E. Roanoke, Virginia 24012 3061413 William C. and Edith E. Yopp 1410 llth Street, H. E. Roanoke, Virginia 24012 3061213 and 3061214 Ira, Jr. and Dollie Mae Jackson Route 2 Jewell Ridge, Virginia 24622 3061215 and 3061216 Catherine Soffos No address available 3061217; 3061218; 3061219; 3061220; 3061221 and James K. and Yvonne R. Metz 4041 Melrose Avenue, N. W. Roanoke, Virginia 24017 3061222; 3061223 and Robert P. and Bonnie S. Gillispie 1602 - llth Street, N. E. Roanoke, Virginia 24012 3061504 Merrill C. and Elizabeth H. Lindamood 918 Old Court Lane, S. W. Roanoke, Virginia 24015 TO THE CITY CLERK OF THE CIT~ 6P ROANOKE, VIRGINIA PERTAINING TO THE REZONING R~UE~:? Request from National Association of Letter Carriers) Branch 524, represented by Donald L. Wetherington, ) Attorney, that a tract of land located at 1015 ) Georgia Avenue, NE, bearing official tax no. 3061401) be rezoned from RM-1, Residential Multifamily ) District to C-l, Office District. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 25th day of September, 1989, notices of a public hearing to be held on the 4th day of October, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 3061312 OWNERr AGENT OR OCCUPANT Rebecca Ann Palmer c/o Paul Beckner 3061409 William C. & Edith E. Yopp 1410 llth Street NE 3061410 , 3061413 Roanoke, VA 24012 ADDRESS 1404 10th Street, NE Roanoke, VA 24012 3061411 3061412 3061213 3061214 3061215 3061216 Wayne C. & Margaret A. Clark Ira and Dollie M. Jackson Catherine Soffos 1014 Pocahontas Avenue~ Roanoke, VA 24012 Route 2 Jewell Ridge, VA ~ No Address 3061217 3061221 3061222 3061223 3061504 3061124 3061325 thru James K. Robert P. Merrill C. and Yvonne R. Metz & Bonnie Gillispie & Elizabeth Lindamood L. D. Trent Beulah M. Trent Paul C. Beckner 4041 Melrose Avenue ¥~'~~ Roanoke, VA 24017 1602 llth Street, NE Roanoke, VA 24012 918 Old Court Lanef~3 Roanoke, VA 24015 932 Georgia Avenue Roanoke, VA 24012 1404 10th Street, NE Roanoke, VA 24012 3050101 Warren L. McCormack c/o Johnson International Martha Pace Franklin 1202 Orange Avenue~/V"~ Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1989. Notary Publi~ My Commission Expires: Office of the City Clerk November 22, 1989 File #514-67 Ms. ,~elissa E. Kane Mr. David D. 8eidler 929 ~ountain View Terrace, S. ~. Roanoke, Virginia 24015 Dear Ms. Kane and Mr. Beidler: I am enclosing copy of Ordinance ,¥o. 29840-112089 permanently discontinuing an alley 25 feet wi~le, and approximately 656. 75 feet long, alongside the western border of property located at 929 ~lountain View Terrace, So W., along the back property lines of those property owners on the west side of said alley, and leading from ,Viountain View Terrace into Norwich Park, as a public right-of-way and transferring the real property formerly dedi- cated a public right-of-way to the control of the Parks and Recreation Department of the City of Roanoke. Ordinance ¥o. 29840-112089 was adopted by the Council of the City of Roanoke on first reading on 14onday, November 13, 1989~ also adopted by the Council on second reading on ~4onday, November 20, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, C~4C City Clerk MFP:ra Ene. Ms. Jane Johnson, 2005 ~ountain View Terrace, S. ~., Roanoke, Virginia 24015 ~r. David Arrington, 2021 ~ountain View Terrace, S. ~., Roanoke, Virginia 24015 ~s. Joycelyn Kasey, 715 Riverland Road, S. E., Roanoke, Virginia 24014 Room 456 Municipal Building 215 Church Avenue, S, W. Roanoke, Virginia 24011 (703) 981-2541 Ms. Melissa E. Kane Mr. David D. Beidler November 22, 1989 Page 2 Virginia Roanoke, Roanoke, 24122 Glenmary Associates, P. O. Box 1571, Roanoke, 24007 Cardinal Metals, Inc., 2200 Buford Avenue, S. ~., Virginia 24015 Mr. Paul C. Dress, Sr., 2524 Broad Street, N. W., Virginia 24012 Ms. Marion J. ~cDaniel, Route 1, Montvale, Virginia Mr. ~. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von ~. Moody, III, Director of Real Estate Valuation ~r. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. ~lwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public Works Mr. Kit 8. Kiser, Director of Utilities and Operations ~r. Charles M. Huffine, City Engineer ~r. Ronald H. Miller, Building Commissioner and Zoning Administrator ~r. John R. Marlles, Agent/Secretary, City Planning Commission ~r. Edward R. Tucker, City Planner ~s. Doris Layne, Office of Real Estate Valuation Mr. George C. Snead, Jr., Director of Administration and Public Safety ~r. Gary N. Fenton, Manager, Parks and Recreation/Grounds ~aintenance Office of the City Clerk November 22, 1989 File #514-67 Miss Patsy ~esterman .Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29840-112089, for proper recordation in your office, which provides for the permanent discontinuing of an alley 25 feet wide, and approximately 656.75 feet long, alongside the western border of property located at 929 ~ountain View Terrace, S. ~., along the back property lines of those property owners on the west side of said alley, and leading from Mountain View Terrace into Norwich Park, as a public right-of-way and transferring the real property formerly dedi- cated a public right-of-way to the control of the Parks and Recreation Department of the City of Roanoke. Ordinance Ho. 29840-112089 was adopted by the Council of the City of Roanoke on first reading on ~onday, November 13, 1989, also adopted by the Council on second reading on Monday, November 20, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, C~IC City Clerk MFP:ra Enc. Ms. ,~elissa E. Kane and Mr. David D. Beidler, View Terrace, S. W., Roanoke, Virginia 24015 929 ~lountain Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of November, 1989. No. 29840-112089. VIRGINIA, AN ORDINANCE permanently discontinuing a certain public right-of-way as a public right-of-way and transferring the real property formerly dedicated a public right-of-way to the control of the Parks and Recreation Department of the City of Roanoke, as is more particularly described hereinafter. WHEREAS, David D. Beidler and Melissa E. Kane have filed an appli- cation 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; and WHEREAS, a public hearing was held on said application by the City Council on November 13, 1989, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest aad 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 discontinuing said public right-of-way as a public right-of- way and transferring the real property formerly dedicated as a public right-of-way to the control of the Parks and Recreation Department of the City of Roanoke, Virginia. 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: An alley 25 feet wide, and approximately 656.75 feet long, alongside the western border of petitioners' pro- perty at 929 Mountain View Terrace, S. W., along the back property lines of those property owners on the west side of the alley, and leading from Mountain View Terrace into Norwich Park. be, and it hereby is, permanently discontinued as a public right-of- way and transferred to the control of the Parks and Recreation Depart- ment of the City of Roanoke, Virginia, and that all right and interest of the public in and to the right-of-way as a right-of-way be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the discontinued portion o~ the former right-of-way, as set forth in the report of the Planning Commission to Council dated November 13, 1989, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable televi- sion, electricity, natural gas or telephone service, an easement for sewer and water mains, storm drainage, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "discontinued as street only" on said public right-of-way on all maps and plats on file in his office ou which said right-of-way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the City Manager is authorized to have prepared and to execute and/or record any and all documents in form acceptable to the City Attorney or plats to property in order to ef- fect the above-described transfer. ATTEST: City Clerk. '8 Er', 12'. Roanoke City Planning Commission November 13, 1989 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from David D. Beidler and Melissa E. Kane to close a portion of Cambridge Avenue, SW Background: Public right-of-way as requested for closure extends from Mountain View Terrace, S.W., along the southwesterly boundary of the applicant's property (tax no. 1322109) and Norwich Park. Right-of-way was originally dedicated for public street use and is identified on City maps as Cambridge Avenue, S.W. Right-of-way is 25' wide and approximately 656.7' long. Pedestrian use of the right-of-way has been established over a period of many years. City has prepared and improved the right-of- way for public pedestrian use in past years. Closure of the right-of-way was initially requested for the purpose of eliminating the right-of-way as a point for trespassing upon ~he property of the applicant at 929 Mountain View Terrace, S.W. Application cited the following as due concern for consideration of the closure: Constant trespassing upon the applicant's property. e Damage to adjacent plantings and landscaping. Room 355 Municipal Building 215 Church Avenue, S '~4 Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 November 13, 1989 That in the applicant's opinion, the right-of-way has been used as a point of access for burglaries that have occurred at their residence on three occasions since 1986. Ee Planning Commission initially reviewed the subject application at its regular meeting of September 6, 1989. Public comment on the issue involved the following expressed concerns: Applicants stated that the use of the right-of-way by pedestrians had resulted in damages to their abutting property during the past three years. Applicants expressed their concerns for the future protection and security of their property if the right-of-way remained open for public use. Residents of the Norwich community appeared before the Commission and expressed their opposition to the requested closure. Residents maintained that the closure, if approved, would be an inconvenience to many of the residents, both adults and children, of the adjacent communities who use the right-of-way on a daily basis, for access to Norwich Park and other points of community interest. Petition opposing the closure was presented to the Commission by a Mrs. Toney who stated that she had been asked by residents to act as a spokesman for the community. Petition contained 157 signatures with related addresses. Plannin~ Commission, after discussion and consideration of the matter, took the following action: Expressed the opinion that the right-of- way by the nature of its use and location, should be combined with and utilized as an adjunct to the abutting public recreational facilities of Norwich Park. Roanoke City Council Page 3 November 13, 1989 Directed the Planning staff to meet and discuss the feasibility of transferring the right-of-way to the Department of Parks and Recreation for improvement and future maintenance as an addition to and a part of the Norwich Park recreational facilities. Planning Commission tabled the application pending a further report from the Planning staff at its regular meeting on October 4, 1989. II. Current Situation: Planning Commission reviewed the application again at its regular meeting of October 4, 1989, in conjunction with the Planning staff's report and response from the Department of Parks and Recreation. Department of Parks and Recreation acknowledged its agreement with the Planning Commission's conclusion that the subject right-of-way by nature of its use and location, should be combined with and utilized as an adjunct to the abutting Norwich Park recreational facilities. Department's response also noted its agreement with the following: The department supports the proposal to retain and improve the accessway. Is aware of the fact that the right-of- way is used extensively by area residents. Supports the need for a fence along the lower side of the right-of-way as it extends from Mountain View Terrace. Agrees to accept the right-of-way area as an extension of Norwich Park. Budgetary support, however, must be limited to future maintenance only. Department has no current funds available for necessary improvements. Survey of the ri~ht-of-wa¥ revealed that a row of white pines and azalea shrubbery planted by the applicants was erroneously planted within the subject public right-of-way. Roanoke City Council Page 4 November 13, 1989 Inspection of the right-of-wa¥ by the office of the City Engineer indicates that certain improvements will be required to prepare and restore the area to a standard acceptable for public use as a pedestrian accessway. Cost of providing the improvements is estimated to be $9,000. III. Issues: A. Inconvenience to the community. B. Inconvenience to abutting property owners. C. Cost. D. Standard right-of-way provisions. IV. Alternatives: Recommendation to City Council that the request to close the subject section of Cambridge Avenue, S.W., be denied and further recommend that the following action be taken in the disposition of the subject right-of-way: That the subject Cambridge Avenue, S.W., in its current classification as a public right-of-way (street) be discontinued as such, and tha~--the area therein be restored and improved to a standard acceptable to the City Engineer for pedestrian use, and that said right-of-way be thereafter transferred and converted from its boundaries as a public right-of-way, to be combined with, and hereafter made a part of, the City's Norwich Park recreational facilities. That the City Manager be authorized to have prepared and to execute and record any and all necessary documents and/or plats to properly effect the above-cited transfer. 1. Inconvenience to the community: Community would not be inconvenienced. Combining the right-of-way with the City's Norwich Park recreational Roanoke City Council Page 5 November 13, 1989 facilities would ensure that it remains open and properly maintained for public use as a secondary means of access into and through the park facility. Right-of-way has not been properly maintained in past years. Right-of -way is overgrown with vegetation in some areas and portions of its surface have eroded badly. Current conditions restrict and inconvenience its use as a pedestrian accessway. Improvements would be needed to eliminate this inconvenience to the public. Inconvenience to abutting property owners: The right-of-way is situated within a wooded area and is partially concealed from street view. The undefined and unsecured limits of the right-of-way is. viewed by the applicants as a definite inconvenience to the security of their abutting property at 929 Mountain View Terrace. Recommended improvements would clearly establish pedestrian limits and the separation between private and public property. Cost - Funds in the amount necessary to provide the needed improvements are available in Capital Improvement reserve account no. 008 052 9575 9181. Standard right-of-way provisions: a. Utilities within the right-of-way: City water line is located within the public right-of-way. Proper easement will be provided for its future maintenance. Creation of a dead-end street: Recommendation will not create a dead-end street. Roanoke City Council Page 6 November 13, 1989 Traffic impact: Recommendation will not affect traffic needs in the area. Relationship to the comprehensive plan: Recommendation is consistent with the intent of the comprehensive plan that available land be utilized in the most appropriate manner. Recommendation to City Council that the request to close the subject section of Cambridge Avenue, S.W. be approved. 1. Inconvenience to the community: Closure would eliminate a long- established use of the right-of- way as a pedestrian access to the abutting Norwich Park recreational facilities, existing City bus system routes and other points of commercial necessity. Closure would leave a contiguous block of private property 2,700 feet in length, with no intervening point of public access. Closure would eliminate the only point of pedestrian access between the two adjacent communities that are topographically separated by a 50' difference in elevation. Inconvenience to the abutting property owners: Closure would enable the abutting property owners to fence off the right-of-way. Closure would leave an existing drainage problem for the abutting property owners to contend with. 3. Cost would not be an issue. 4. Standard right-of-way provisions: Utilities within the public right-of way: Easement would be retained for City water line. Roanoke City Council Page 7 November 13, 1989 Creation of a dead-end street: Closure would not create a dead-end street. Traffic impact: Closure would not impact traffic needs. Relationship to the comprehensive plan: Closure would not be consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner for the following reasons: (1) Right-of-way has been historically established as a pedestrian use access. (2) Closure would not be the most appropriate use of the land within the right-of-way. Recommendation: The Planning Commission, by a vote of 5-0 (Mr. Bradshaw and Mrs. Goode absent), recommended that City Council approve Alternative A thereby denying the applicant's request to close and vacate the subject section of Cambridge Avenue and further recommends that the following action be taken in the disposition of the subject right-of-way: That the subject Cambridge Avenue, S.W., in its current classification as a public street and right-of-way be discontinued as such, and that the area therein be restored and improved to a standard acceptable to the City Engineer for pedestrian use and that said right-of-way be thereafter transferred and converted from its boundaries as a public right-of-way, to be combined with, and hereafter made a part of, the City's Norwich Park recreational facilities. That the City Manager be authorized to have prepared and to execute and/or record any and all necessary documents or plats to properly effect the above-cited transfer. Respectfull~sub~it~tg~ ~ Michael M. Waldvogel, Chairman Roanoke City Planning Commission Roanoke City Council Page 8 November 13, 1989 JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner t¥1ELL~A I~., ~ ATTOILNIEY AT LAW IN THE COUNC~OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of David D. Beidler and Melissa E. Kane for vacation of Alley ) )APPLICATION FOR )VACATING, DISCONTINUING )AND CLOSING OF ALLEY ) MEMBERS OF COUNCIL: David D. Beidler and Melissa E. Kane, petitioners, apply to have an alley leading from Mountain View Terrace to Norwich Park, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.I-364 and Section 30-14, Code of the City of Roanoke(1979), as amended. This alley is more particularly described on the plat attached and as follows: An alley 25 feet wide, and approximately 656.75 feet long, alongside the western border of petitioners' property at 929 Mountain View Terrace, S.W., alongside the back property lines of those property owners on the west side of the alley, and leading from Mountain View Terrace into Norwich Park. The petitioners state that the grounds for this application are as follows: 1. Most of the property adjacent to the west side of the alley consists of lots. Furthermore, due to the topography, the alley is not conveniently accessible to any adjoining property owners except the petitioners and the property owners immediately across the alley from the petitioners. 2. Of those adjacent property owners spoken with by the petitioners, none have voiced objections to the proposed closure. 3. The alley is presently used as a footpath. MELI~A 1~. ~ ATTOR~NBY AT LAW This use is a nuisance. The path and the petitioners, property goes downhill into the park, and the path bends away from the park at one point adjoining the petitioners, property. People using the path thus tend to take shortcuts across the petitioners, property to get to the park. Notwithstanding the fact that the petitioners property is posted along the path, the petitioners are forced to deal with constant barrage of trespassers. There is also litter constantly strewn on the path and on petitioners, property. Furthermore, petitioners have been exposed to constant criminal activity. Their house has been burglarized three times since August 1986, and they believe that the alley has been used as a point from which to "case" entry points into the house. The petitioners' also have had to replace a half-dozen or so newly planted azalea bushes along the path that persons using the path have purposely and maliciously destroyed. In the several days immediately prior to the filing of this petition, several of the larger azaleas have been stomped on, and large branches broken off. There have been other instances of vandalism of petitioners' property and petty theft of items of personal property from the petitioners' yard. The petitioners feel compelled to watch anyone using the path to make sure they stay on the path and do not trespass or vandalize the property. 4. Access to the park to which the path leads would not be adversely affected by the proposed closing. WHEREFORE, the Petitioners' respectfully request that the above described be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, DAVID D. BEIDLER 929 Mountain View Terrace, S.W. Roanoke, VA 24015 MELISSA E. KANE 929 Mountain View Terrace, S.W. Roanoke, VA 24015 M~LISSA ~. KAN~ ATTORNEY Al' LAW LN /I£ W 7'£,RRA4£ LIST OF ADJOINING PROPERTY OWNERS Ms. Jane Johnson !~/& ~ ~ 2005 Mountain View Terrace S.W. Roanoke, VA 24015 Mr. David Arrington /~l/~g~ 2021 Mountain View Terrace S.W. Roanoke, VA 24015 Ms. Joycelyn Kasey 715 Riverland Road, Roanoke, VA 24014 Glenmary Associates P. O. Box 1571 Roanoke, VA 24007 Cardinal Metals Inc. 2200 Buford Avenue, S.W. Roanoke, VA 24015 City of Roanoke 215 Church Avenue S.W. Roanoke, VA 24016 Department of Parks and Recreation FRC~: Gary N. Fent , Parks, Recreation and Grounds Maintenance RE: Norwich Park A~cess DATE: September 21, 1989 This ~smo will serve to reiterate this depa~'hL~-nt ' s suuport of re~a~ning/Lmproving the "alley" access to Norwich Park f~u,, Mountain View Avenue. We believe this pathway gets intensive use frc~ area residents, and would not consider closure to be a viable option. At the same t/me, our budgetary support of the project must be limited to mintain/ng the area as an "extension" of the park, once the project is c~L~lete. I understand that those who use this alley scmetimes cross the adjacent property at the beginning of the path (off Mountain View). Perhaps installation of a fence along this property line would solve this probl~. Please call me should you have any questions. CC: Mr. Ceorge C. S~d, Director of A~ministratic~ and Public Safety Mr. Cline Hollandsworth, Maintenance Superintendent 210 Reserve Avenue. S.W. Roanoke, Virginia 24016 (703)981-2236 :::~ O(~l #g I m ClI~IT[IIll (~J MM ~,~,, II~Cl Dil lll i III- 1 1 // 'Tope )'t glM ~M ~ J Office of the City Clerk October 26, 1989 File #514 Ms. Melissa E. ~ane Mr. David D. ~eidler 929 ~ountain View Terrace, Roanoke, Virginia 24015 So Wo Dear Ms. Kane and Mr. 8eidler: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke deny your request that an alley twenty-five feet wide and approximately 656.75 feet long, alongside the western border of property located at 929 Mountain View Terrace, S. W., along the back pro- perty lines of those property owners on the west side of the alley, and leading from Mountain View Terrace to Norwich Park, 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, November 13, 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. graven 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. ~arlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, City Clerk MFP:ra PUBLIC53 Room456 Municipaleuilding 215Church Avenue, S,W. Roanoke, Virginia 24011 (703)981-25al Ms. Melissa E. Kane Mr. David D. Beidler ~ctober 26, 1989 Page 2 pc: Ms. Jane Johnson, 2005 Mountain View Terrace~ S. W., Roanoke, Virginia 24015 Mr. David Arrington, 2021 ~ountain View Terrace, S. Roanoke, Virginia 24015 Mso Joycelyn Kasey, 715 Riverland Road, S. E., Roanoke, Virginia 24014 ~lenmary Associates, P. 0. Box 1571, Roanoke, Virginia 24007 Cardinal Metals, Inc., 2200 Buford Avenuet S. W., Roanoke, Virginia 24015 Mr. Paul C. Dress, Sr., 2524 Broad Street, N. ~., Roanoke, Virginia 24012 Ms-o Marion J. McDaniel, Route 1, Montvale~ Virginia 24122 Mr. W. Robert Herbert~ City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. ~oward, Jr., Commissioner of Revenue 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 William F. Clark, Director of Public Works 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 Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation AD NUMBER - 102602814 PUbLIShEr'S FEE - $81.00 CITY UF RdANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~5~ MUNICIPAL ROANOKE VA 24011 STATE OF VIRGINIA CITY CF ROANOKE AFFIDAviT OF PUBLICATION i, (THE UNOERSIGNEO) AN AUTHORIZED REPRESENTATIVE OF THE TINES-wORLD COR- PORATION~ WHICH CORPORATION IS PU~LISMEk dF THE ROANOK~ rIMES g WORLD-NEWS, A DAILY NEWSPAPER PUgLISHED IN RO~NOKE~ IN THE STATE OF VIRGINIA~ O~ CERTIFY THAT THE ANNEXED NOTICE WAS PubLISHED IN SAID NEwSPAPeRS ON THE FOLLOWING DATES 10/2T/~9 MORNING 11/03/89 MORNING ,~ITNESS, ~/.~l'H DAY OF NOVEMoER 1989 1~ / !,,~, .'/, ~ ,/ ~' AGTH~RIZEO SIGNATURE NOTICE OF PUBLIC HEARING to permanently abandon, vacate, discontinue and close following public right-of-way: An alley 25 feet wide, and approximately 656.75 feet long, alongside the western border of petitioners' property at 929 Mountain View Terrace, S. W., along the back property lines of those property owners on the west side of the alley, and leading from Mountain View Terrace into Norwich Park. 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 25th day of October , 19 89 TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, November 13, 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 the Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, October 27, 1989, and once on Friday, November 3, 1989, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: September 13, 1989 TO: Mr. W. Robert fterbert, City Manager FROM: Ms. Mary F. Parker, City Clerk /~,~. I. SUBJECT: Petition in opposition to closing an alley leading from Mountain View Terrace, S. W. to Norwich Park For your information, I am attaching copy of a petition signed by 133 individuals expressing opposition to the request of Mr. David D. Beidler and Ms. Melissa E. Kane to permanently vacate, discontinue and close an alley twenty-five feet wide and approxi- mately 656.75 feet long, leading from Mountain View Terrace, S. W. to Norwich Park. The request of Mr. Beidler and Ms. Kane was heard by the City Planning Corrgnission at its meeting on Wednesday, September 6, 1989, and was tabled until the Planning Corr~nission meeting sche- duled for Wednesday, October 4, 1989. The matter should come before Council for a public hearing in November or December, 1989. MFP:se Attachment Office of the City Clerk August 16, 1989 File #514 Mr. Michael M. Waldvogel Chairman City Planning Corr~lission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an application from Mr. David D. Beidler and Ms. Melissa E. Kane, requesting that an alley twenty-five feet wide and approximately 656.75 feet long, leading from Mountain View Terrace to Norwich Park, be permanently vacated, discontinued and closed. Sincerely, Sandra H. Eak' Deputy City Clerk~ SHE:ra ST.CLOSE53 Enco pc: Ms. Melissa E. Kane~ Attorney, 929 Mountain View Terrace~ S. W., Roanoke, Virginia 24015 Mr. John R. Marlles, Agent/Secretary, City Planning Cow~ission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi~ Assistant City Attorney Room4S6 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE OF: Request from David D. Beidler and Melissa A. ) Kane that an alley leading from Mountain View ) Terrace, SW, to Norwich Park, more particularly) described as a 25 foot wide alley, alongside ) the western border of property located at 929 ) Mountain View Terrace, SW, and extending for a ) distance of approximately 656.75 feet alongside) Norwich Park, be permanently vacated, discon- ) tinued and closed. ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the 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 28th day of August, 1989, notices of a public hearing to be held on the 6th day of September, 1989, on the alley closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 1421678 OWNERt AGENT OR OCCUPANT Jane Johnson ADDRESS 2005 Mtn. View Terrace. Roanoke, VA 24015 1421676 1421675 David Arrington Joycelyn Kasey 2021 Mtn. View Terrace Roanoke, VA 24015 715 Riverland Road- Roanoke, VA 24014 1421673 Glenmary Associates P. O. Box 1571 Roanoke, VA 24007 1421670 1421646 1421671 Cardinal Metals Inc. 2200 Buford Avenue.~.~ Roanoke, VA 24015 1322110 1421672 City of Roanoke Paul C. Dress, Sr. 2524 Broad Street Roanoke, VA 24012 1421629 Marion J. McDaniel Route 1 Montvale, VA 24122 TO THE CITY CLERK OF THE C~' ~F ROANOK~¥ VIRGINIA PERTAINING TO THE ALLEY CL(~UR~'~QF~ ~.~ Request from David D. Beidler and Melissa A. ) Kane that an alley leading from Mountain View ) Terrace, SW, to Norwich Park, more particularly) described as a 25 foot wide alley, alongside the western border of property located at 929 Mountain View Terrace, SW, and extending for a distance of approximately 656.75 feet alongside Norwich Park, be permanently vacated, discon- tinued 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 25th day of September, 1989, notices of a public hearing to be held on the 4th day of October, 1989, on the alley closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 1421678 1421676 1421675 1421673 1421670 1421646 1421671 OWNER~ AGENT OR OCCUPANT Jane Johnson David Arrington Joycelyn Kasey Glenmary Associates Cardinal Metals Inc. ADDRESS 2005 Mtn. View Terrac~J~ Roanoke, VA 24015 2021 Mtn. View Terrace_%~J Roanoke, VA 24015 715 Riverland Road?3~ Roanoke, VA 24014 P. O. Box 1571 Roanoke, VA 24007 2200 Buford Avenue2t~3 Roanoke, VA 24015 1322110 City of Roanoke 1421672 1421629 Paul C. Dress, Sr. Marion J. 2524 Broad Street Roanoke, VA 24012 McDaniel Route 1 Montvale, VA Martha Pace Franklin 24122 SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this 25th day of September, 1989. My Commission Expires: in the City of Notary Public CITY OF ROANOKE INTERDEPART~ENT CO~IMUNICATION DATE: TO: FROM: SUBJECT: November 13, 1989 Wilburn C. Dibling, Jr., City Attorney ~ary F. Par~er, City Cler~ ~. Preparation of Resolution Please prepare the appropriate measure for the November 20, 1989, Council meeting, cancelling the regularly scheduled meeting of the Council on ~onday, November 27, 1989, inasmuch as the majority of Council will be attending the National League of Cities Conference to be held November 25 29, 1989, in Atlanta, Georgia. ~FP:ra IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of November, 1989. No. 29864-112089. A RESOLUTION cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, November 27, 1989, at 2:00 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the National League of Cities Annual Conference scheduled to be held November 25 through 29, 1989, in Atlanta, Georgia, which a majority of the members of City Council desire to attend, the meeting of City Council regularly scheduled for Monday, November 27, 1989, at 2:00 p.m., in the Council Chambers of the Municipal Building, 215 Church Avenue, S.W., is hereby CANCELLED. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of such can- cellation. ATTEST: City Clerk. SUBSCRIBED AND SWOP~N to before me, a Notary Public, Roanoke, Virginia, this 29th day of August, 1989. My Commission Expires: in the City of Notary Public