Loading...
HomeMy WebLinkAboutCouncil Actions 12-18-89 Trout (29883) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL December 18, 1989 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by the Reverend E. T. Burton, Pastor, Sweet Union Baptist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. PUBLIC HEARINGS Public hearing on a proposal to increase the tax on the purchase of utility services from 10 to 12 percent, with such tax to be applicable to the first $15.00 per month for the period of October I through May 31 of each year. Mr. W. Robert Herbert, City Manager. Adopted Ordinance No. 29883 on first reading. (7-0) Adopted Ordinance No. 29884-121889. (7-0) The City Attorney was instructed to prepare the proper measure increasing the amount of any single utility tax imposed upon the purchaser thereof from a maximum of $2,000.00 to $2,400.00 per month, applied to each separate meter or location of the purchaser. CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. (1) C~2 RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1~344 (a) (1), Code of Virginia (1950), as amended. A communication from Ms. Lois B. Eary tendering her resignation as a member of the Advisory Board of Human Resources. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals, requesting amendment of Section 62(8), Zoning, of the City Charter to provide that the terms of members of the Board of Zoning Appeals shall be staggered so that no more than two members will be eligible for reap- pointment at any given time. Referred to the City Attorney to be included in the City's Legislative Program for 1991. Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: A report recommending that the sum of the Faithful Performance Bond required of the City Treasurer be set at $1,000,000.00 per year for the term January 1, 1990, through December 31, 1993; and transfer of funds, in the amount of $8,495.00, to provide for the cost of said bond. Adopted Ordinance No. 29885-121889 and Resolution No. 29886-121889. (7-0) o A report recommending acceptance and appropriation of funds, in the amount of $105,413.46, received from the Department of Fire Programs, in order for the Fire (2) Department to disperse said funds to purchase equipment in accordance with the provisions of the program. Adopted Ordinance No. 29887-121889. (7-0) A report recommending appropriation and transfer of funds to provide for the purchase of office furniture and equipment for the Department of Social Services· Adopted Ordinance No. 29888-121889. (7-0) A report with regard to the Roanoke River Flood Reduc- tion Project Design Contract for Wiley Drive Bridge replacement. Adopted Ordinance No. 29889-121889 and Ordinance 29890-121889. (7-0) o A report recommending appropriation of $34,635.00, representing the first installment of the City's contribution toward site development costs for a new classroom and laboratory building at Virginia ~estern Community College. Adopted Ordinance No. 29891-121889. Reports of Committees: None. Unfinished Business: None. (7-O) Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29875, on second reading, permanently vacating, discontinuing and closing the easterly eight feet of the right-of-way of Wycliffe Avenue, S. W., from its intersection with McClanahan Street, S. ~., to its inter- section with Evans Mill Road, being a total area of 1,398 square feet. Adopted Ordinance No. 29875-121889. (7-0) Ordinance No. 29876, on second reading, rezoning a portion of a tract of land comprising approximately 5.30 acres, located on Airport Road and Coulter Drive, N. W., (5732 Airport Road, N. W.) identified as Official Tax No. 6630105, from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 29876-121889. (7-0) Ordinance No. 29877, on second reading, permanently vacating, discontinuing and closing a public alley extending in a westerly direction from Market Street, (3) 10. S. E., along the northerly property line of Official Tax No. 4010116, for a distance of approximately 129 feet. Adopted Ordinance No. 29877-121889. (6-1, Mr. Bowers voting no.) Ordinance No. 29878, on second reading, authorizing the issuance of $6,800,000 principal amount of general obliga- tion bonds of the City for the purpose of providing funds to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls. Adopted Ordinance No. 29878-121889. (6-1, Mr. Bowers voting no.) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Reappointed the following persons: Richard A. Rife ) T. E. Roberts ) L. Elwood Norris ) Board of Zoning Appeals Walter L. Wheaton ) Glynn D. Barranger ) Versal R. Dearing Ruskin P. Arnold Advisory and Appeal Board - Air Pollution Control Margaret A. Winslow Roanoke Public Library Board Other Hearings of Citizens Certification of Executive Session. (7-0) (4) Office of the City Clerk December 20, 1989 File #23? Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29884-121889 authorizing execution of a Local Cooperation Agreement for the Roanoke River Flood Reduction Project, upon certain terms and conditions. Ordinance Noo 29884-121889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 18, 1989. Sincerely, ~~ Mary F. Parker, CNIC City Clerk MFP : ra Enc. Mr. Wayne Bissette, P. E., Project Engineer, Engineers, Department of the Army, P. O. Wilmington, North Carolina 28402-1890 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer ~r. Kit ~. Kiser, Director of Utilities and Operations Corps of Box 1890, Room4S6 MunicipaiBuilding 215Church Avenue, S.W, Roanol~e, Virgini~l 24011 (703)g81-2541 Office of the City Clerk December 20, 1989 File #237 Ur. C. E. Shuford, P.E. Deputy District Engineer Corps of Engineers Department of the Army P. O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Mr. Shuford: I am enclosing copy of Ordinance No. 29884-121889 authorizing execution of a Local Cooperation Agreement for the Roanoke River Flood Reduction Project, upon certain terms and conditions. Ordinance No. 29884-121889 vas adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 18, 1989. Sincerely, ~4ary F. Parker, C~C City Clerk MFP:ra Enc. Room 456 MunicipaIBuilding 215 Church Avenue. S. W, Roanoke. Virginia 2~,011 (703)g81-2~41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18thday of December, 1989. No. 29884-121889. AN ORDINANCE authorizing the execution by the proper City officials of a Local Cooperation Agreement for the Roanoke River Flood Reduction Project, upon certain terms and conditions, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to exe- cute and attest, respectively, in form approved by the City Attorney, a Local Cooperation Agreement with the United States Department of the Army, including such terms and conditions as are deemed necessary, as well as any other appropriate documen- tation, in form approved by the City Attorney, for the Roanoke River Flood Reduction Project, as more particularly set forth in the report to this Council dated December 4, 1989. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk December 20, 1989 File #79-268 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Dear Mr. Dibling: ~t the regular meeting of the Council of the City of Roanoke held on ~onday, December 18, 1989, you were instructed to prepare the proper measure increasing the amount of any single utility tax imposed upon the purchaser thereof from a maximum of $2,000.00 to $2,400.00 per month, applied to each separate meter or location of the purchaser. Sincerely, ~4ary F. Parker, C~4C City Clerk MFP:ra Room456 MunicipalSuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 Office of iheMayc~ December 18, 1989 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. ~Sinc~.rely, .~ Noel C. Tayt'~r ~4a yo r NCT:sw Room 452 Municipal Building 2t5 Church Avenue, S.W. Roanoke, Virginia 24~t I ~703) 98t-2444 Office of the City Clerk December 20, 1989 File #15-72 Ms. 8ois ~. Eary 3417 Crittendon Avenue, Roanoke, Virginia 24012 Dear Ms. Eary: Your communication Advisory Board of City of Roanoke at 1989. tendering your resignation as a member of the Human Resources, was before the Council of the a regular meeting held on ~onday, December 18, On motion, duly seconded and unanimously adopted, the com- munication was received and filed and your resignation was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Board. Please find enclosed a Certificate of Appreciation issued by the ~ayor on behalf of the Members of City Council. Sincerely, /'~) ~4ary F. Parker, C~4C City Clerk MF'P:ra Enc. pc: James D. Ritchie, Director of Human Resources Room456 MunicipaInuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)g81-2541 Office of the City Clerk December 20, 1989 File #51-50 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Dear Mr. Dibling: I am attaching copy of a report of t~e Board of Zoning Appeals requesting an amendment of Section 62(~), Zoning, of the City Charter to provide that the terms of members of the Board of Zoning Appeals shall be staggered so that no more than two mem- bers will be eligible for reaapointment at any given time, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, December 18, 1989. On motion, duly seconded and unanimously adopted, the report was referred to you for inclusion in the City's proposed Legislative Program for 1991. Sincerely, ~ Mary F. Parker, C~C City Clerk MFP:ra Enc. Room~,56 MunicipalBuilding 215Church Avenue, $. W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk December 20, 1989 File #51-50 Mr. L. Elwood Norris, Chairman Board of Zoning Appeals 3818 Park Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Norris: Your report requesting an amendment of Section 62(8), Zoning, of the City Charter to provide that the terms of members of the Board of Zoning Appeals shall be staggered so that no more than two members will be eligible for reappointment at any given time, was before the Council of the City of Roanoke at a regular meeting held on ~onday, December 18, 1989. On motion, duly seconded and unanimously adopted, the report was referred to the City Attorney to be included in the City's proposed Legislative Program for 1991. ~4ary F. Parker, CMC City Clerk MFP:ra pc: ~s. Ruth C. Armstrong, Secretary, Board of Zoning Appeals Room 456 Municipal Building 215Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 L. Elwood Norris, Chairman T, £. Roberts, Vice Chairman W. L. Wheaton Glynn D. Barranger Richard A. Rife Ruth C. Armstrong, Secretary Board of Zoning Appeals ~ D'eCe~er 1'8, 1989 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As you know, my term as Chairman of the Roanoke City Board of Zoning Appeals expires on December 31, 1989. While discussing this matter with the other members of the Board, I realized that the term of each of the members of the Board expires on that same date. Since each member serves on the Board for the same length of time (three years), it is en- tirely possible that the Board may someday consist entirely of new members. Under such circumstances, interpretations of the Zoning Ordinance consistent with previous rulings may not occur. The members of the Board believe that the interests of the City of Roanoke would be best served if the terms of each of the Board members were staggered so that no more than two members are eligible for reappointment at any time. I have discussed this matter with the Office of City Attorney, and I have been advised that a Charter amendment would be necessary to implement this recommen- dation. The City Attorney has further advised that it is too late to advertise and hold the public hearing required to take this matter to the 1990 Session of the General Assembly. He has suggested that the matter could be included in the City's 1991 Legislative Program, and the Board would respectfully request this action. An amendment by the 1991 Session would allow staggered terms to be in place when Council next makes appointments to the Board. We appreciate your consideration of this matter. L. Elwood Norris, Chairman Board of Zoning Appeals Room 170, Municipal Building. 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2250 Honorable Mayor and Members December 18, 1989 Page 2 LEN/ff cc: T. E. Roberts W. L. Wheaton Glynn D. Barranger Richard Allen Rife Ronald H. Miller, Building Commissioner and Zoning Administrator Ruth C. Armstrong, Secretary, Board of Zoning Appeals Wilburn C. Dibling, Jr., City Attorney Office of the City Clerk December 20, 1989 File #34-53B The Honorable Gordon E. City Treasurer Roanoke, Virginia Peters Dear Mr. Peters: I am attaching copy of Resolution No. 29886-121889 prescribing bond, in the amount of $1,000,000.00 for the Treasurer of the City of Roanoke and approving Fidelity and Deposit Company of ~aryland as the surety thereon. Resolution No. 29886-121889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 18, 1989. Sincerely, '~0~ Ma ry rke r, CMC City Clerk MFP:ra Eac. pc: Mr. Robert E. ~ullen, Jr., c/o ~cDonough Caperton Insurance Group, P. 0. Box 1300, Roanoke, Virginia 24006 Mr. W. Robert Herbert, City Manager Br. Joel M. Schlanger, Director of Finance Mr. Barry L. Key, Manager, Office of Management and Budget Mr. George C. Snead, Jr., Director of Administration and Public ~orks Ur. D. Darwin Roupe, Manager, General Services Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)~81-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18thdayof December, 1989. No. 29886-121889. A RESOLUTION prescribing the amount of the bond of the Treasurer of the City of Roanoke and approving the surety thereon. WHEREAS, Gordon E. Peters, has been re-elected Treasurer of the City of Roanoke for a term commencing on January 1, 1990, and ending on December 31, 1993, and has requested the Council to fix the amount of his official bond and to approve the surety offered thereon; and WHEREAS, the Fidelity and Deposit Company porate bonding company, has offered to become bond as is prescribed for said Treasurer by the Council pursuant to the provisions of §37 of the City Charter; THEREFORE, BE IT RESOLVED by the Council of the City of Roa- noke that: 1. Before entering upon his duties as Treasurer of the City of Roanoke for the term commencing on January 1, 1990, and ending on December 31, 1993, the said City Treasurer-elect, Gor- don E. Peters, shall properly make, execute and lodge with the City Clerk, a bond approved as to form and execution by Attorney, payable to the City of Roanoke an executed by Gordon E. Peters and by the surety hereinafter approved, sum of of Maryland, a cor- the surety on such the City the said in the $1,000,000.00, conditioned upon said City Treasurer faith- fully discharging his official duties in relation to the revenue of the City and such other official duties as may be imposed upon him by the City Charter and by ordinances of the Council. 2. Council hereby approves the Fidelity and Deposit Company of Maryland, a corporate bonding company, authorized to transact business as a surety in the Commonwealth of Virginia, as the surety of the aforesaid bond. ATTEST: City Clerk. Office of the City Clerk December 20, 1989 File #6U-34-53B ~r. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29885-121889 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the transfer of $8,495.00 from General Services Reimbursement to City Treasurer Insurance, to provide funds for a Faithful Performance Bond required of the City Treasurer for the term of January 1, 1990, through December 31, 1993. Qrdinance No. 29885-121889 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 18, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: The Honorable ~ordon E. Peters, City Treasurer ~r. W. Robert Herbert, City Manager ~r. Barry L. Key, ~anager, Office of Management and Budget Mr. George C. Snead, Jr., Director of Administration and Public Works ~r. D. Darwin Roupe, ~anager, General Services Room456 MunicipalOuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 AN ORDINANCE the 1989-90 General emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18thday of December, 1989. No. 29885-121889. to amend and reordain certain sections Fund Appropriations, and providing for of the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government City Treasurer (1) ..... General Services (2)1211~211.i.iii~2.1~i~211111~2 $ 8,096,729 621,666 409,922 1) Insurance (001-020-1234-3020) 2) Reimbursements (001-050-1237-8005) $ 8,495 (8,495) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 18, 1989 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor Taylor and Members of Council: Subject: Faithful Performance Bond - City Treasurer At Council's November 8, 1989 regular meeting, City Treasurer Gordon E. Peters informed you that Section 37 of the City Charter requires that he "..give bond in such sum as the Council may prescribe with surety to be approved by the Council, sufficient for the faithful discharge of the official duties in rela- tion to the revenue of the City, and such other official duties as may be imposed upon him by this Charter and the Ordinances of the City." At this same meeting, the City Attorney recommended that Council refer this matter to me for review and recommendation which action Council approved unanimously. My review of this matter has been completed; thus, the following recommen- dations: 1. Sum of the bond for the Treasurer should be set at $1,000,000.00 per year for the term January 1, 1990 - December 31, 1993; 2. Surety: Fidelity and Deposit Company of Maryland has been determined to be an acceptable provider of the desired coverage; and Cost of the bond to cover the Treasurer's four-year term will be $10~916.00, which is $8,495.00 more than was budgeted. The budget shortfall is due to the Treasurer's projection that the bond amount would remain at the current level of $200,000.00 per year. The shortfall can be covered by transferring $8,495.00 from General Services Reimbursement Account No. 001-050-1237-8005 the Treasurer's Insurance Account No. 001-020-1234-3020. Council's adoption of the appropriate legal and budget measures which will approve the above-noted recommendations is requested. Respectfully submitted, W. Robert Herbert City Manager WRH/ga CC: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Gordon E. Peters, Treasurer Darwin Roupe, Manager, General Services Barry Key, Manager, Office of Management and Budget Office of the City Clerk December 20, 1989 File #60-70-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Ur. Schlanger: I am attaching copy of Ordinance No. 29887-121889 amending and reordaining certain sections of the 1989-90 Grant Fund ~ppropriations, providing for the appropriation of funds~ in the amount of $105,414.00, from the Department of Fire Programs, to be used for the purpose of purchasing training aids, fire suppression equipment and to improve protective clothing. Ordinance No. 29887-121889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 18 1989. , ~incerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. ~. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director Public Safety Mr. Rawleigh W. Quarles, Fire Chief of Administration and Room456 MunicipalBuilding 215Church Avenue, S.W Roanoke, Virginia 24011 (703)981-2541 the IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18thday of December, 1989. No. 29887-121889. AN ORDINANCE to amend and reordain certain sections of 1989-90 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended ~nd reordained to read as follows, in part: Public Safety Fire Program Fund - FY90 (1-2) $ 785,487 ........................ 105,414 Revenue Public Safety Fire Program Fund - FY90 (3) $ 1) Expendable Equipment (035-050-3218-2035) $ 80,414 2) Training & Development (035-050-3218-2044) 25,000 3) State Grant Revenue (035-035-1234-7053) 105,414 785,487 105,414 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 18, 1989 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Fire Program Fund I. Background: Fire Program Fund was enacted by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring ex- piration of this fund July 1, 1990 has now been removed. Thus the City's annual allotment of state funds will con- tinue indefinitely. Funds to support this program are derived from an .8% surcharge on all fire insurance premiums collected throughout the Commonwealth. Fire Pro~ram Statutp provides that funds received are to be non-supplanting and must be used in accordance with the provisions established by the Department of Fire Pro- grams. Funds provided by this program may be used for the fol- lowing: 1. Fire service training - the fire department may use money received to purchase equipment for training programs, employment of outside instruction and tui- tion reimbursement of approved training. 2. Regional fire service training facilities funds may be used to construct, improve, and expand regional fire service training facilities. 3. Firefighting equipment - funds may be used to pur- chase fire hose, forcible entry tools, ladders, radio equipment, etcetera. Personal protective clothing - funds may be used to purchase helmets, eye protection, protective hoods, boots, coats, pants, and gloves. Funds provided by this program may nol be used for the following: Construction~ improving~ and expandin5 any training facilities other than Regional Fire Service Training Facilities. Members of Council Subject: Fire Program Fund Page 2 2o Firefightin~ equipment other than that equipment and appurtenances attached thereto required and used at the scene of a fire to deliver water or other extin- guishing agents on the fire, remove smoke and gases, protect property from smoke and water damage, and assure the fire is extinguished. 3o Personal protective clothing that does not meet, at a minimum, the National Fire Protection Association Standards in effect at the time the purchase is made. II. Current Situation: City Treasurer received a check in the amount of $105,413.46 from the Department of Fire Programs on July 7, 1989. Bo City Council action is needed to accept and appropriata these funds and authorize the Director of Finance to establish Grant Fund accounts from which the fire depart- ment may disperse these funds to purchase equipment in accordance with provisions of this program as follows: Expendable equipment - $80,413.46. To purchase im- proved protective clothing, hand tools, nozzles, up- grade self contained breathing apparatus and other fire suppression equipment. Trainin~ and development - $25,000.00. To purchase training films, books and manuals to be used in the departments' training program. III. Issues in order of importance are: A. Need. B. Funds availability. IV. Alternatives: City Council accept funds from the Department of Fire Programs and appropriate them to accounts to be estab- lished by the Director of Finance whereby the funds can be expended in accordance with the provisions established by the Department of Fire Programs. Members of Council Subject: Fire Program Fund Page 3 Need exists to purchase training aids, firefighting equipment, and to improve protective clothing. Fund availability would be met by accepting the Fire Programs Fund. Bo City Council reject funds from the Department of Fire Programs and not authorize the Director of Finance to establish appropriate accounts whereby these funds can be expended in accordance with the provisions established by the Department of Fire Programs. Needs existing to purchase training aids, firefight- ing equipment, and to improve protective clothing would not be met. Additional funds would not be obtainable through the Fire Programs Fund. Recormnendation is that City Council approve Alternative "A", to accept funds from the Department of Fire Programs and ap- propriate them to accounts to be established by the Director of Finance whereby these funds can be appropriated and expend- ed in accordance with the provisions established by the Department of Fire Programs to purchase training aids, fire suppression equipment and improve protective clothing. Increase the revenue estimate for these Grant Funds for $105~413.46. WRH/RWQ/cw Respectfully Submitted, W. Robert Herbert City Manager CC: City Attorney Director of Finance Director of Administration and Public Safety Fire Chief Office of the City Clerk December 20, 1989 File #60-?2-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29888-121889 amending and reordaining certain sections of the 1989-90 General Fund ~ppropriations, providing for the transfer of $3,500.00 from the General Fund Contingency to certain accounts in the Department of Social Services, and appropriatinq $14,000.00 of revenue, in con- nection with the purchase of office furniture and e~uipment for the Department of Social Services. Ordinance No. 29888-121889 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 18, 1989. Sincerely, ~ l~lary F. Parker, CMC City Clerk ~4FP : ra Enc. pc: Mr. Mr. Ms. W. Robert Herbert, City Manager James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services 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 18th day of December, 1989. No. 29888-121889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~iations Health and Welfare Social Services Administration (1 2) Income Maintenance (3-4) .......................... Social Services - Services (5-6) ......... Nondepartmental ......... Contingency - General Fund (7) .................... Revenue Grants-in-Aid Commonwealth Welfare (8) ....................................... $51,693,356 7,142,548 $12,006,881 406,741 3,396,038 4,761,323 12,021,000 680,189 1) Expendable Equipment (001-054-5311-2035) $ 500 2) Furniture & Equipment (001-054-5311-9005) 900 3) Expendable Equipment (001-054-5313-2035) 5,525 4) Furniture & Equipment (001-054-5313-9005) 8,100 5) Expendable Equipment (001-054-5314-2035) 675 6) Furniture & Equipment (001-054-5314-9005) 1,800 7) Contingency (001-002-9410-2199) ( 3 500) 8) P.A. Administration & ' Staff Development (001-020-1234-0676) 14,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. December 18, 1989 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: REQUEST FOR FUNDS FOR FURNITURE AND EQUIPMENT II. I. BACKGROUND A. City Council approved 18 new positions for Social Services for Fiscal Year 1989-90. B. Social Services is now in the process of hiring these positions. C. Furniture and equipment necessary to support these positions has been identified on Attachment "A". CURRENT SITUATION A. Furniture and equipment is requested and those items listed on Attachment "A" will be procured through the State Contract System or through competitive request for quotation by the General Services Department. Cost of~ wi11 be 80 percent reimbursed by the State Department of Social Services with 20 percent local funds needed to match State. C. City Council is requested to transfer available local funds to match State funds. III. ISSUES A. Need. B. Funding. IV. ALTERNATIVES City Council approve this request to transfer $3~500. and appropriate revenue of $14~000. to provide for office equipment for the Department of Social Services. 1. Need - equipment necessary in the performance of job would be purchased. 2. Funding - to provide the required 20 percent match is available in the General Fund Contingency Account #001-002-9410-2199. Page ~o CC Bo Council not approvp this request to appropriate funds to provide for office equipment for the Department of Social Services. 1. Need - Staff would not have equipment necessary to perform job. 2. Funding - Not and issue. V. RECOMMENDATION mo City Council Concur in the implementation of Alternative A and authorize the following: Transfer $3t500' from the General Fund Contingency Account #001-002-9410-2199, to Department of Social Services as follows: #001-054-5311-2035 $ 100. #001-054-5313-2035 $1,105. #001-054-5314-2035 $ 135. #001-054-5311-9005 $ 180. #001-054-5313-9005 $1,620. #001-054-5314-9005 $ 360. Expendable Equipment Expendable Equipment Expendable Equipment Furniture and Equipment Furniture and Equipment Furniture and Equipment Increase Revenue estimate of funds received from the State Department of Social Services Account #001-020-1234-0676 and corresponding increases in Social Services Expenditure Accounts as follows: #001-054-5311-2035 $ 400. #001-054-5313-2035 $4,420. #001-054-5314-2035 $ 540. #001-054-5311-9005 $ 720. #001-054-5313-9005 $6,480. #001-054-5314-9005 $1,440. Expendable Equipment Expendable Equipment Expendable Equipment Furniture and Equipment Furniture and Equipment Furniture and Equipment Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney Joel M. Schianger, Director of Einance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services ATTACHMENT "A" 5311 - Administration 1 - Table W/Keyboard Tray 2 - Executive Desk 3 - Data Keyboard Tray 5313 - Income Maintenanc~ 4 - Under Table Cabinets 3 - Secretary Chairs 11 - Swivel Chairs 8 - 30 x 60 Desks 1 - Typewriter 5314 - Services 350. 900. 150. 1,000. 675. 3,850. 7,200. 900. 2 - Typewriters 1,800. 3 - Secretary Chairs 675. Office of the City Clerk December 20, 1989 File #237-102 Mr. ~. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance ~o. 29890-121889 authorizing execution of a contract with the United States Army Corps of Engineers for design of Wiley Drive bridge replacements in coa- nection with the Roanoke River Flood Reduction Project, under certain terms and conditions. Ordinance No. 29890-121889 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 18, 1989. Sincerely, Nary F. Parker, CMC City Clerk MFP:ra Enc. pc: ~ro William Natron, Life Cycle ~anager, United States ~rmy Corps of Engineers, P. O. Box 1890, Wilmington, North Carolina 28402-1890 ,Ur. Joel ~. Schlanger, Director of Finance Hr. ~illiam F. Clark, Director of Public Works Hr. Charles ~. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Room 456 MunicipaIBuildin9 215Chu;ch Avenue.$.W. Roanoke. Vi/gini,I 24011 (703) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of ~, 1989. No. 29890-121889. AN ORDINANCE authorizing the execution of a contract with the United States Army Corps of Engineers for design of the Wiley Drive bridge replacements in connection with the Roanoke River Flood Reduction Project, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a contract with terms and conditions deemed appropriate with the United States Army Corps of Engineers for design ser- vices for the Wiley Drive bridge replacements in conjunction with the Roanoke River Flood Reduction Project, at a cost ceiling of $150,000.00, payment to be made for actual hours expended on the design, as more particularly set forth in the report to this Council dated December 18, 1989. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk December 20, 1989 File #60-237-102 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29889-121889 amending and reordaining certain sections of the 1989-90 General and Capital Projects Funds Appropriations, providing for the appropriation of $150,000.00 from the 1989-90 Capital ~aiatenance and Equipment Replacement Program to the Capital Projects Fund, Roanoke River Flood Reduction Project, Streets and Bridges, in connection with a contract with the United States Army Corps of Engineers for design of Wiley Drive bridge replacements. Ordinance No. 29889-121889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Oecember 18, 1989. Sincerely, ,~ Mary F. Parker, CMC City Clerk ,~IFP : ra Eric. pc: Mr. Mr. Mr. ~S. ~r. ~. Robert Herbert, City Manager 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 Room 456 Municipal Building 215 Church Avenue, S. W Roanoke, virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 18thday of December, 1989. VIRGINIA No. 29889-121889. AN ORDINANCE to amend and reordain certain sections of 1989-90 General and Capital Projects Funds Appropriations, the Council 1989-90 General and and the same are in part: the 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 of the City of Roanoke that certain sections of the Capital Projects Funds Appropriations, be, hereby, amended and reordained to read as follows, General Fund ApproDriations Non-departmental Contingency - General Fund (1) ..................... Transfers to Other Funds (2) ....................... $15,382,979 533,689 13,114,809 Capital Projects Fund ADpropriations Streets and Bridges Roanoke River Flood Reduction Project (3) .......... 1) Equip. Replacement Contingency (001-004-9410-2202) $(150,000) 2) Transfer to Capital Fund (001-004-9310-9508) 150,000 3) Appr. From General Revenue (008-052-9651-9003) 150,000 $ 4,551,511 150,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 18, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke River Flood Reduction Project Design Contract for Wiley Drive Bridge Replacements I. Back,round: Feasibility Study for the Roanoke River Flood Reduction Project by the U. S. Army Corps of Engineers noted the need to replace the two (2) low-water bridges on Wiley Drive for the following reasons. 1. Flood Reduction would be enhanced with a hydraulically efficient bridge structure. 2. Pedestrian Safety on the recreation trail crossing the bridges would be enhanced by providing a wider roadway. 1988 Annual Brid~e Inspection Reports noted that the bridges were showing signs of abuse from floodwaters. Local Cooperation A~reement (LCA) for the Roanoke River Flood Reduction Project identifies the low-water bridge replace- ments as a project element to be funded from non-federal sources. City Council approved a Letter of Intent, dated 22 November 1988, requesting the Corps of Engineers to design the bridge replacement. II. Current Situation: III. Corps of Engineers has drafted a design agreement for the low-water bridge replacements. The agreement has a cost ceiling of $150,000.00 and payment will be for actual hours expended on the design. B. Project Schedule calls for bidding the Flood Reduction pro- ject in January 1991. A. Inclusion of proper work scope B. Reasonableness of fee Page 2 C. Availability of funding D. Timin8 IV. Alternatives are: Execute a Memorandum of A~reement with a cost ceiling with the U. S. Army Corps of Engineers, Wilmington District, for the Wiley Drive replacement bridges in an amount not to exceed $150~000.00. 1. Inclusion of proper work scope has been reviewed and verified. 2. Reasonableness of fee is assured by payment for actual hours and a cost ceiling. 3. Availability of funds exists in the 1989-90 Capital Maintenance & Equipment Replacement Program. 4. Timin$ for a January 1991 bid will be ensured. Do not execute a Memorandum of A~reement with a cost ceiling with the U. S. Army Corps of Engineers, Wilmington District, for the design of the Wiley Drive replacement bridges in an amount not to exceed $150~000.00. 1. Inclusion of proper work scope would have to be deferred to the City or a consultant. 2. Reasonableness of fee would not be assured. 3. Availability of funds remains in the 1989-90 Capital Maintenance & Equipment Replacement Program. 4. Timin~ for a January 1991 bid would be jeopardized. V. Recommendation is that City Council: Authorize the City Manager to execute a Memorandum of A~reement with a cost ceiling, in a form approved by the City Attorney, with the U. S. Army Corps of Engineers in an amount not to exceed $150~000.00. Appropriate $150~000.00 from the 1989-90 Capital Maintenance & Equipment Replacement Program to the Capital Projects Fund to an account entitled Roanoke River Flood Reduction Project - Bridge Designs for this agreement. Page 3 WRH/JAP/mm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager Office of the City Clerk December 20, 1989 File #467-60 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29891-121889 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation of $34,635.00 from the Capital ~aintenance and Equipment Replacement Program to Parks, Recreational and Cultural Contributions Cultural, Virginia Western Community College, in connection with the first installment of the City's contribution toward site development costs for a new classroom and laboratory building at Virginia Western Community College. Ordinance No. 29891-121889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 18, 1989. Sincerely, ~4ary F. Parker, CMC City Clerk MFP:ra Eric. pc: Dr. Charles L. Downs, President, Virginia Western Community College, 3095 Colonial Avenue, S. ~., Roanoke, Virginia 24018 Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations 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 18thday of December, 1989. No. 29891-121889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Parks, Recreation, and Cultural Contributions - Cultural (1) ....................... Fund Balance Reserved CMERP 1) VWCC 2) City (2) .......................... (001-002-7220-3710) $ 34,635 Reserved CMERP - City (001-3323) (34,635) $ 3,691,060 669,675 $ 934,940 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roano~, Virginia ~ Decem5%r i8,~198~ Honorable Mayor and Members of City Council Roanoke, Virginia Subject: VIRGINIA WESTERN COMMUNITY COLLEGE SITE DEVELOPMENT FUNDING Dear Members of Council: I. BACKGROUND Virginia Western Community College requested a contribution toward site development costs for a new classroom and laboratory building as part of the Fiscal Year 1989-90 budget development process. Total cost of the project is an estimated $2.8 million funded by the State and surrounding local governments. Co Site development costs for the project total $184,000, and are traditionally cost-shared by the six surrounding local governments based upon a formula which factors the percent of students served, the true valuation percent, and the population percent per locality. The distribution formula utilized addresses the State requirement that community colleges obtain site work money from non-general funds. The amount requested of the City is approximately thirty-eight percent (38%) of the total funding requested from all local governments for site development costs, or $69,268. II. CURRENT SITUATION ao City Council approved $68,000 for this purpose as part of the Recommended Expenditures for Fiscal Year 1989-90 Capital Maintenance and Equipment Replacement Program (CMERP) at its October 9, 1989 meeting. Bo The first installment of the funds to be appropriated, or $34,635, will be needed by January 1, 1990. The second installment will be requested after October 1, 1990. Honorable Mayor and Members of City Council Page 2 III. ISSUES A. Strategic Issue - Education B. Funding Availability IV. ALTERNATIVES ao City Council approve the request for appropriation o__f the first installment of $34,635 for Virginia Western Community College. 1. Strategic Issue - Education The City of Roanoke would demonstrate its commitment to promoting education as a strategic issue. 2. Funding Availability - Funds are available through the Fiscal Year 1989-90 Capital Maintenance and Equipment Replacement Program approved by City Council. Bo City Council not approve the request for appropriation of the first installment of $34,635 to Virginia Western Community College. 1. Strategic Issue - Education The City of Roanoke would forego an opportunity to demonstrate its commitment to promoting education as a strategic issue. 2. Funding Availability - The funding plan previously approved by City Council for this purpose would not be implemented. V. RECOMMENDATION City Council concur in Alternative "A" and approve the request for appropriation of the first installment of $34,635 in site development funding from the Capital Maintenance and Equipment Replacement Program to the Contributions - Cultural account for Virginia Western Community College # 001-002-7220-3710. R ej~lly Submitted, City Manager WRH:KTB Office of the City Clerk December 20, 1989 File #514 Mr. Edward A. ~att Attorney P. O. Box 20068 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 29875-121889 permanently vacating, discontinuing and closing the easterly eight feet of the right-of-way of Wycliffe Avenue, S. W., from its intersection with McClanahan Street, to its intersection with Evans Mill Road, being a total area of 1,398 square feet. Ordinance No. 29875-121989 was adopted by the Council of the City of Roanoke on first reading on Monday, December 11, 1989, also adopted by the Council on second reading on Monday, December 18, 1989, and will take effect ten days following the date of its second Sincerely, Mary F. Parker, CMC City Clerk reading. MFP:ra Enc o pc: Roanoke Memorial Hospitals, c/o Mr. Rick Swain, P. O. 6ox 13025, Roanoke, Virginia 24030 Mr. ~. Robert Herbert, City Manager ~r. ~ilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Hr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. ~aldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Room456 MunicipalSuilding 215Church Avenue. S.W. Roanoke. Virgini& 24011 (703)~J81-2541 Mr. Edward A. Natt December 20, 1989 Page 2 pc: Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations ~Mr. Charles ~. Huffine, City Engineer Ur. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of Dec~mlber, 1989. No. 29875-121889. AN ORDINANCE permanently, vacating, tain public right-of-way in the City of particularly described hereinafter. discontinuing and closing cer- Roanoke, Virginia, as is more WHEREAS, the Council of the City of Roanoke, Virginia, requesting the Council to permanently vacate, the public right-of-way described hereinafter; BEH Real Estate Partnership, has filed an application to in accordance with law, discontinue and close 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. WHEREAS, a public hearing was held on said application by the City Council on December 11, 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 and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The easterly eight (8) feet of the right-of-way of Wycliffe Avenue, S. W., from its intersection with McClanahan Street, S. W. to its intersection with Evans Mill Road, S. W., be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other uti- lity or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure effected by this ordinance shall be conditional upon performance of the following: (1) that the applicant shall submit a plat of subdivision combining the vacated section of the public right-of-way with the applicant's abutting property; and (2) that a comprehensive site plan of the proposed adjacent development shall be submitted, approved and recorded. BE IT FURTHER ORDAINED that if the conditions of this ordinance are not met within twelve (12) months of the date of adoption of this ordinance, this ordinance shall become null and void with no further action of City Council necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of BEH Real Estate Partnership, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Office of the City Clerk December 20, 1989 File #514 The Ronorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear ,~iss Testerman: I am attaching copy of Ordinance No. 29875-121889, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of the easterly eight feet of the right-of-way of Wycliffe Avenue, S. W., from its intersection with ~cClanahan Street, to its intersection with Evans ~ill Road, being a total area of 1,398 square feet. Ordinance ~o. 29875-121989 was adopted by the Council of the City of Roanoke on first reading on ~onday, December 11, 1989, also adopted by the Council on second reading on Monday, December 18, 1989, and will take effect ten days following the date of its second reading. Sincerely, ~4ary F. Parker, C~4C City Clerk MFP:ra Enc. pc: ~r. Edward Virginia 24018 ~att, Attorney, p. 0. 6ox 20068, Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2541 Roanoke Cily Planning Commission December 11, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from BEH Real Estate Partnership, represented by Edward A. Natt, attorney, that the easterly 8 feet of the right-of-way of Wycliffe Avenue, S.W., from its intersection with McClanahan Street, S.W., to its intersection with Evans Mill Road, S.W., be permanently vacated, discontinued and closed. Background: ae Section of Wycliffe Avenue, S.W., as requested for closure extends between McClanahan Avenue and Evans Mill Road, SoW, Right-of-way width of the street section is 50' The street pavement width is 26' according to a recent City survey. Ce Applicant, BEH Real Estate Partnership, owns the property abutting the easterly right-of- way boundary of the street section. De Brown Edwards and Company, a certified public accounting firm, leases and occupies the property from the applicant. Property iz shown on attached map "B" and identified as 319 Wycliffe Avenue, S.W. Ee Firm (Brown Edwards) has in recent years expanded its operations and has steadily increased its employee level. Company currently desires to undertake a further expansion which will require some additional parking facilities. Lack of adequate and available land fo~ additional parking poses restrictions on expansion plans. Room 355 Municipal Building 215 Church Avenue, S.",V R~anoke, Virginia 24011 (703) 981~2344 Roanoke City Council Page 2 December 11, 1989 Section of Wycliffe Avenue was originally platted for street purposes in Plan No. 2438 as filed with the City Engineer in 1905, by the Crystal Spring Land Company. Street section was thereafter platted and shown as a part of a revised street system on the map of Crystal Spring Land Company, as recorded in Plat book 1, page 102 and 103, on July 8, 1912. City has vacated small portions of public rights-of-way in the past to facilitate the needs of abutting properties (new and old). Offset location of this short street section, in relation to other primary streets and thoroughfares in the area, places it at a low priority level as a "shortcut connection" for through traffic use. Traffic use is for the most part related to adjacent property access. II. Current Situation: Application from BEH Real Estate Partnership to close and vacate an easterly 8' wide portion of the unused right-of-way of this section of Wycliffe Avenue, S.W., was reviewed by the Planning Commission at its regular meeting of November 1, 1989. Request for closure is related to the current need of the occupant, Brown Edwards and Company, to expand its business operations and to redesign its existing parking lots adjacent to the company building to provide additional parking spaces. CJ Survey of the subject right-of-way reveals that the easterly edge of the existing street pavement is located at distances varying from 15.5' to 18.7' from the easterly right-of-way boundary (see attached map "B"). Closure of the easterly 8' portion of the right-of-way would leave a shoulder or separation distance varying from 7.5' to 10.7' between the easterly edge of the existing street pavement and the proposed new easterly right-of-way boundary. Roanoke City Council Page 3 December 11, 1989 Right-of-way area existing between the edge of the street pavement and the easterly right-of-way boundary is, in part, currently used on a regular basis for vehicular parking by the employees of Brown Edwards and Company. Practice of parking within the subject area, without traffic problems, is possible because of the unusual width (18.7' to 15.5') and distance between the right-of- way boundary (property line) and the edge of the street pavement. City of Roanoke receives certain street maintenance payments from the Virginia Department of Transportation to be used for the cost of maintaining the City's public street system. Payments are received by the City for all streets meeting the standards and requirements of the Virginia Department of Transportation. Closure of the subject 8' section of Wycliffe Avenue, S.W., would not affect the issue of street maintenance payments due to the following: Subject section of Wycliffe Avenue, S.W., is not recognized by the Virginia Department of Transportation as eligible for maintenance payments. Closure as requested would not in any way reduce the City's current level of funds received from the state for street maintenance. III. Issues: A. Traffic needs. B. Development needs of adjacent property. C. Standard issues related to closure. IV. Alternatives: Recommend to City Council that the applicant's request for closure be approved. 1. Traffic needs: Public street standards (average) width for the right-of-way fringe or shoulder between the back of the curb and the outside right-of-way boundary is 8' Roanoke City Council Page 4 December 11, 1989 If the subject 8' section of street right-of-way is vacated, a comparable area of the average standard, varying between 7.5' and 10.7', will still remain between the edge of the street pavement and the easterly right-of-way boundary. Vehicular traffic and general traffic needs would not be affected or restricted by the closure. Development needs of adjacent property. Closure would provide critically needed space for the adjacent property to expand and redesign its parking facilities. New parking lot construction would help to properly align the existing irregular, uneven and angular parking patterns in and around the subject property and will enhance the visual appearance of the immediate area. Standard issues related to closure. Impact on business community. Closure will have a positive impact on the property at 319 Wycliffe Avenue. Closure will not adversely affect any other property. Utilities within the ri~ht-of-wa¥. There are no private or public utilities within the right-of-way requested for closure. Creation of a dead-end street. Closure will not create a dead-end street. Land use. Street section is shown as a part of a previously recorded subdivision on the map of Crystal Spring Land Company in Plat book 1, pages 102 and 103, July 8, 1912. Street closure should be effected pursuant to Section 15.1-482(b). This statute will act to vest title to the vacated portion in the abutting property owner, free and clear of the rights of any others. Roanoke City Council Page 5 December 11, 1989 Recommendation to City Council that the applicant's request for closure be denied. 1. Traffic needs would not be an issue. Development needs of the adjacent property. Adjacent property will be unable to provide needed and additional parking spaces. Brown Edwards and Company will be unable to expand at its current location. Standard issues related to closure would not be an issue. Recommendation: The Planning Commission, by a vote of 5-0 (Messrs. Price and Waldvogel absent) recommended that City Council approve Alternative A, thereby approving the applicant's request for closure, subject to the following conditions: That the applicant agrees to amend the current application, prior to a public hearing before City Council, to provide that the closure be effected pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950) as amended. That the applicant agrees to have prepared and submitted to the City for approval and recordation, a plat of subdivision, combining thereon the vacated section of the right-of- way with the applicant's abutting property. That the applicant agrees to submit to the City for review and approval, a comprehensive site plan for the proposed adjacent development clearly providing thereon for an orderly transition between the new street right-of-way and the proposed parking facility. That the ordinance effecting the closure provide that if the above-cited subdivision plat is not submitted, approved and recorded within a period of 12 months from the adopted date of the ordinance, then said ordinance shall become null and void with no further action by City Council being necessary. Roanoke City Council Page 6 December 11, 1989 Respect. fully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the petitioner STREET AREA REQ~ESTE~ FOR CLOSURE 3lq WYCLIFFE AVE'. 15.5 TESTERN RAILWAY, W II~ISTON SALEIv ; C L A NA H A N °', o'*, IN THE COUNCIL OF THE CITy OF ROANOKE, VIRGINIA IN RE: Application of BEH Real Estate ~tnership for vacation of easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road BEH Real have the easterly 8 feet of Wycliffe McClanahan Street and Evans Mill Road, Roanoke, Virginia, permanently vacated, AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF EASTERLY 8 FEET OF WYCLIFFE AVENUE BETWEEN McCLANAHAN STREET AND EVANS MILL ROAD Estate Partnership, by Counsel, applies to Avenue between in the City of discontinued and c osed, pursuant to Virginia Code Section 15.1-36~ and Section 30-1~, Code of the City of ROanoke {1979), as amend- ed. This street is more Particularly described on the plat attached and as follows: Easterly 8 feet of the right-of-way of Wycliffe Avenue, S.W., from its intersection with McClanahan Street, S.W., to its intersection with Evans Mill Road, S.W., being a total area of 1,398 square feet. the grounds BEH Real Estate Partnership states that for this application are as follows: 1. The Partnership owns the adjoining parcel of land and desires to construct an addition on its building to ~ermit Brown Edwards, CpA iS, to continue to occupy the pre- m~ses. In Connection therewith, additional parking is required pursuant to the City of Roanoke Ordinances and upon vacation of the street, with title reverting to BEH Partner- ship, additional parking area can be provided so that the add/t/on to the existing structure can be Constructed in compliance with all City Ordinances. The property is presently used for parking within the right of way but the Street vacation is necessary to provide the required number of parking spaces on the property itself. WHEREFORE, BEH Real Estate Partnership respectfully requests that the above described Street, be Vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-354 and Section 30-14, Code of the City of Roanoke, ~1979), as amended. P2g.nll.e Respectfully submitted, BEH REAL ESTATE PARTNERSHIP September 26, 1989 LOCA -,0o o .00 I I Ill EDWARD A N~TT £919 ELECTRIC RD SW STATE OF VIRGINIA CITY QF RO*~NuKm' APFIDAVIT DF PUBLICATION I~ IfmE dNDmRSI~NbDt AN AUTHORIZE~ REPRESENTATIVE GF THE TINES-~ORLO COR- PORATION~ ~HiCH CORPORATION IS PUELISHER UF T~E ROANOKE TIMES ~ WORLD-NEwS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA, DC CERTIFY THAT THE ANNEXED NOTICE ~AS PUoLISHED IN SAID NE~SP~PEI(S UN THE FOLLd~ING DATES 11/2~/d-~ NORNIN~ 12101/89 MORNING AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, December 11, 1989, at 7:30 p.m. or as soon thereafter as the matter may be beard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: The easterly eight (8) feet of the right-of-way of Wycliffe Avenue, S. W., from its intersection with McClanahan Street, S. W. to its intersection with Evans Mill Road, S. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of November , 19 89 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 24, 1989, and once on Friday, December 1, 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. Edward A. Natt Attorney P. O. Box 20068 Roanoke, Virginia 24018 Office of the City Clerk November 28, 1989 File #514 Mr~ Edward A. Natt .~ttorney P. ©. Box 20068 Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, 8EH Real Estate Partnership, that the easterly eight feet of the right-of-way of ~ycliffe Avenue, $. ~., between ~cClanahan gtreet and Evans Mill Road, S. W., being a total area of 1,398 square feet, be permanently vacated, discontinued and closed, 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 ~onday, December 11, 1989, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. The Ordinance will be prepared by Mr. Steven J. Talevi, Assistant City Attorney, and will be forwarded to you under separate cover at a later date. Questions ~ith regard to the City Planning Commission report should be directed to Mr. John R. ~arlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker City Clerk CMC ~FP : ra PUI~LIC55 Room ~.56 Municipal Building ~15 Chu[ch Avenue, S, W. Roanoke, Virginia ~4011 (70~) 981-2541 ~r. Edward A. Natt November 28, 1989 Page 2 Roanoke ~emorial Hospitals, c/o Mr. Rick Swain, P. O. Box 13025, Roanoke, Virginia 24030 ~r. ~. Robert Herbert, City ~anager ~r. ~ilburn C. Dibling, Jr., City Attorney ~r. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue ~r Von ~. Moody, III, Director of Real Estate Valuation Mr Michael ~. ~aldvogel, Chairman, City Planning Commission Mr L. Elwood Norris, Chairman, Board of Zoning Appeals Mr ~illiam F. Clark, Director of Public ~orks ~r Kit B. Kiser, Director of Utilities and operations Mr Charles ~. 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 ~s. Doris Layne, Office of Real Estate Valuation Office of the City Clerk November 21, 1989 File #514 Mr. Michael M. ~aldv~gel Chairman City Planning Commission Roanoke, Virginia Dear Mr. ~aldvogel Pursuant to Ordinance No. 25226, I am enclosing copy of a third amended appl,ication from Mr. Edward A. ~att, Attorney, repre- senting BEH Real Estate Partnership, requesting that the easterly eight feet of the right-of-way of Wycliffe Avenue, S. W., between McClanahan Street and Evans Mill Road, being a total area of 1,$98 square feet, be permanently vacated, discontinued and closed, subject to certain conditions proffered by the applicant. Sincerely Mary F. Parker, C~4C City Clerk HFP:ra SF.CLOSE55 pC: Hr. ~d~ard ~. ~att, Attor~ney, P. O. Box 20068, Virginia 24018 Mr. John R. !4arlles, Agent/Secretary, City Commi ss i on ,Hr. Ronald H. ~liller, Zoning Administrator Hr. Edwarcl R. Tucker, City Planner ?Ir. Steven J. Talevi, Assistant City Attorney Roatloke , Planning Room 456 MunicipalOuilding 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 ©STERH©UDT, FERGU$ON, NATT, AHER_©N & AGEE ROANOKE, VIRGINIA 24018 November 14, 1989 Mary F. Parker, CMC City Clerk Room 456 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Request of BEH Partnership for vacation of 8 feet of Wycliffe Avenue Dear Ms. Parker: This letter is written on behalf of my client, BEH Real Estate partnership, as a proffer of certain conditions relative to the street closing. These conditions were requested by the City Planning Staff and, on behalf of my client, we do hereby proffer them in conjunction with the above-mentioned request. The proffers are as follows: 1. That BEH Partnership will have prepared, approved and recorded a plat of subdivision combining the vacated section of right-of-way with the applicants abutting property. 2. That the applicant shall submit to the City for review and approval, a comprehensive site plan for the proposed adjacent development showing thereon the orderly transition between the street right-of-way and the proposed parking facility. 3. That the subdivision plat shall be submitted to and recorded within a period of 12 months from the date of adoption of the ordinance. In the event that such plat is not submitted, approved and recorded within said 12 month period, the order vacating the street shall be deemed to be null and void. I would appreciate your including these proffers with the second amended application for vacating, discontinuing and closing the easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road. Thanking you in advance for your attention to this matter, I am, EAN/dle c: Roger Anglin Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt Office of the City Clerk November 14, 1989 File #514 Mr. Hichael H. Waldvagel Chairman City Planning Commission Roanoke, Virginia Dear Mr. ~aldvogel: Pursuant to Ordinance Naa 25226, I am enclosing copy of a second amended application from Mr. Edward A. Natt, Attorney, repre- senting BEH Real Estate Partnership, requesting that the easterly eight feet of the right-of-way of ~cliffe Avenue, S. ~., between McClanahan Street and Evans Mill Road, being a total area of 1,398 Square feet, be permanently vacated, discontinued and closed. Sincerely, /~ Mary F. Parker, CMC City Clerk MFP:ra ST.C£OSE55 Eno o pc: Mr. ~dward A. Natt, Attorney, p. O. Box 20068, Virginia 24018 Hr. John R. Harlles, Agent/Secretary, City Commission Mr. Ronald H. Miller, Zoning Administrator Hr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Planning Room456 Muni¢ipalBuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)901-2.541 IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: Application of BEH Real Estate Partnership for vacation of the easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road VIRGINIA SECOND AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF EASTERLY 8 FEET OF WYCLIFFE AVENUE BETWEEN McCLANAHAN STREET AND EVANS MILL ROAD BEH Real Estate Partnership, by Counsel, applies to have the easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-482(b) and Section 30-14, Code of the City of Roanoke (1979), as amend- ed. This street is more particularly described on the plat attached and as follows: Easterly 8 feet of the right-of-way of Wycliffe Avenue, SOW., from its intersection with McClanahan Street, S.W., to its intersection with Evans Mill Road, S.W., being a total area of 1,398 square feet. BEH Real Estate Partnership states that the grounds for this application are as follows: 1. The Partnership owns the adjoining parcel of land and desires to construct an addition on its building to permit Brown Edwards, CPA'S, to continue to occupy the pre- mises. In connection therewith, additional parking is required pursuant to the City of Roanoke Ordinances and upon vacation of the street, with title reverting to BEH Partner- ship, additional parking area can be provided so that the addition to the existing structure can be constructed in compliance with all City Ordinances. The property is presently used for parking within the right of way but the street vacation is necessary to provide the required number of parking spaces on the property itself. WHEREFORE, BEH Real Estate Partnership respectfully requests that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-482(b) and Section 30-14, Code of the City of Roanoke, (1979), as amended. Respectfully submitted, BEH REAL ESTATE PARTNERSHIP P29.n11.e By Of Counsel November 6, 1989 OSTERHOUDT, FER~¥gO:N, NATT, AHERON 8 AGEE ~OA~O~E, VmG]~A 24018 November 6, 1989 Mary F. Parker, CMC City Clerk Room 456 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Ms. Parker: Enclosed please find a second amended application for vacating a portion of Wycliffe Avenue. I am submitting this pursuant to the recommendation of the Planning Commission. The above matter is set for public hearing on Monday, December 11, 1989 at 7:30 p.m. I would appreciate your placing this with the file. Thanking you in advance for your attention to this matter, I amI Very truly yours, OSTERHOUDT, FERGUSON, AHERON & AGEE, P.C. Edward A. Natt NATT, EAN/dle Enclosure Office of the City Clerk October 16, 1989 File #514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear ~Ir. Waldvogel: Pursuant to Ordinance No. 25226, [ am enclosing copy of an amended application from Mr. Edward A. Natt, Attorney, repre- senting BEH Real Estate Partnership, requesting that the easterly eight feet of the right-of-way of Wycliffe Avenue, S. W., from its intersection with McClanahan Street, to its intersection with Evans Mill Road, being a total area of 1,398 square feet, be per- manently vacated, discontinued and closed. Sincerely, Mary F. Parker, City Clerk MFP:ra ST.CLO55A Enc, pc: Mr. Edward A. Matt, Attorney, P. O. Box 20068, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Room4S6 MunicipaInuilding 215Church Avenue, $. W. Roanoke, Virginia 24011 (703)981~2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of BEH Real Estate Partnership for vacation of the easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF EASTERLY 8 FEET OF WYCLIFFE AVENUE BETWEEN McCLANAHAN STREET AND EVANS MILL ROAD BEH Real Estate Partnership, by Counsel, applies to have the easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amend- ed. This street is more particularly described on the plat attached and as follows: Easterly 8 feet of the right-of-way of Wycliffe Avenue, S.W., from its intersection with McClanahan Street, S.W., to its intersection with Evans Mill Road, S.W., being a total area of 1,398 square feet. BEH Real Estate Partnership states that the grounds for this app cation are as follows: 1. The Partnership owns the adjoining parcel of land and des res to construct an addition on its building to permit Brown Edwards, CPA'S, to continue to occupy the pre- mises. In connection therewith, additional parking is required pursuant to the City of Roanoke Ordinances and upon vacation of the street, with title reverting to BEH Partner- ship, additional parking area can be provided so that the addition to the existing structure can be constructed in compliance with all City Ordinances. The property is presently used for parking within the right of way but the street vacation is necessary to provide the required number of parking spaces on the property itself. WHEREFORE, BEH Real Estate Partnership respectfully requests that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke, (1979), as amended. P29.n11.e Respectfully submitted, BEH REAL ESTATE PARTNERSHIP September 26, 1989 LIST OF ADJACENT PROPERTY OWNERS Dominion Bank, N.A. P. O. Box 13327 Roanoke, VA 24040 ATTEN: R. C. Leonard, Tax Map No. 1040708 Jr. Emerald Property Management, P. O. Box 13367 Roanoke, VA 24033 Tax Map No. 1040622 City of Roanoke c/o Robert Herbert City Manager 3rd Floor, Municipal Building Church Avenue Roanoke, VA Tax Map No. 1040401 Robert N. Bradley P. O. Box 8187 Roanoke, VA 24014 Tax Map No. 1050229 Tax Map No. 1050230 Scott W. Little and Muriel S. P. O. Box 12701 Roanoke, VA 24017 Tax Map No. 1050301 Irlc. Little p29.n13.p ~ OF ADJACENT PROPERTY OWNERS Dominion Bank, N.A. P. O. Box 13327 Roanoke, VA 24040 ATTEN: R. C. Leonard, Tax Map No. 1040708 Jr. Emerald Property Management, P. O. Box 13367 Roanoke, VA 24033 Tax Map No. 1040622 City of Roanoke c/o Robert Herbert City Manager 3rd Floor, Municipal Building Church Avenue Roanoke, VA Tax Map No. 1040401 Robert N. Bradley P~ O. Box 8187 Roanoke, VA 24014 Tax Map No. 1050229 Tax Map No. 1050230 Scott W. Little and Muriel P. O. Box 12701 Roanoke, VA 24017 Tax Map No. 1050301 Inco Little p29.n13.p Office of the City Clerk October 16, 1989 File #514 Mr. Michael M. ~Oldvogel Chairman City Planning Commission Roanoke, Virginia Dear ~r. ~aldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an application from Mr. Edward A. ~att, Attorney, representing BEH Real Estate Partnership, requesting that the easterly eight feet of Wycliffe Avenue between ~cClanahan Street and Evans ~ill Road, $. W., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra ST. CLOSE55 Enc. pC: Mr. Edward A. ~att, Attorney, p. O. Box 20068, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator ~r. Edward R. Tucker, City Planner ~r. $teven J. Talevi, Assistant City Attorney Roanoke, Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: Application of BEH Real Estate Partnership for vacation of the easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road VIRGINIA APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF EASTERLY 8 FEET OF WYCLIFFE AVENUE BETWEEN McCLANAHAN STREET AND EVANS MILL ROAD BEH Real Estate Partnership, by Counsel, applies to have the easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amend- ed. This street is more particularly described on the plat attached and as follows: Easterly 8 feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road BEN Real Estate Partnership states that the grounds for this application are as follows: 1. The Partnership owns the adjoinin9 parcel of land and desires to construct an addition on its building to permit Brown Edwards, CPA'S, to continue to occupy the pre- mises. In connection therewith, additional parkin9 is required pursuant to the City of Roanoke Ordinances and upon vacation of the street, with title reverting to BEH Partner- ship, additional parking area can be provided so that the addition to the existing structure can be constructed in compliance with all City Ordinances. The property is presently used for parking within the right of way but the street vacation is necessary to provide the required number of parking spaces on the property itself. WHEREFORE, BEH Real Estate Partnership respectfully requests that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke, (1979), as amended. P29.n11 .e Respectfully submitted, BEH REAL ESTATE PARTNERSHIP September 26, 1989 LIST OF ADJACENT PROPERTY OWNERS Dominion Bank, N.A. P. O. Box 13327 Roanoke, VA 24040 ATTEN: R. C. Leonard, Jr. Emerald Property Management, P. O. Box 13367 Roanoke, VA 24033 City of Roanoke c/o Robert Herbert City Manager 3rd Floor, Municipal Church Avenue Roanoke, VA Building Robert N. Bradley P. O. Box 8187 Roanoke, VA 24014 Scott W. Little and Muriel P. O. Box 12701 Roanoke, VA 24017 Se Inc. Little p29.n13.p LAW OFFICES OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE ROANOKE, VIRGINIA 24018 October 10, 1989 Ms. Mary Parker City Clerk City of Roanoke Municipal Building Church Street Roanoke, VA Dear Mary: Enclosed please find an Application for Vacating, Discontinuing and Closing of Easterly 8 Feet of Wycliffe Avenue between McClanahan Street and Evans Mill Road in the City of Roanoke. I am also enclosing our firm's check in the amount of $100.00 to cover the filing fees. I would appreciate your processing this application and advising me of the date of the hearing before the Planning Commission. Thanking you in advance for your attention to this matter, I am Very truly yours, /bp Encl. cc: Roger Anglin Brown, Edwards & Company P. O. Box 12388 Roanoke, VA 24025 OSTERHOUDT, FERGUSON, AHERON & AGEE, P.C. Edward A. Natt NATT, 1/5 THIS DEED, mede ~nd entered Into thio 31mt day of July, 1987, by ·nd b~twun Pete C. ~ end Sylvl· p. husband ~nd wife, Gramtoru, ~nd ~, · Virginia general Pertnnrmh/p, Grantoeu. TIIAT FOR AID ZN CGtISZDmTZOM of the mu of hn hZXlrm (SI0.00) cash An ~ ~td ~ t~ ~mo ~ ~eutorm, ~ o~er ~ ~ valu~le ~tbratt~, ~e ~t~ of ~tch of Title uts ~mo mix of t~ fo11~ Zot or ~1 of ~t~a, ~ n ~t~hrly ~Krt~ ~ tb ette~ S~uXe A. ~, ~ ~ ~ b c~.~k*, off~ of At ~ ~ ~ CAt"-' ~.The f~ inotrume~t vas &cknovlodg~d before am ~XIINXM~ &t · ~oXnt o~ the seCond&fy lout o/do of V ~* q~q*~q reef to I - --- old fen~ 1X~ ~n~ contXnu~-- follwtM h old fen~ lzn. tn ~r~tlM I. 38' SI' die u t~. ~r U btn*· ~.'~.~fut to · ~M of VA~AnA~ ~-~ ~_~M witer/y left -~ ~7~'~ gz~tz~ ~ vl~ · -------~ ~te mt ~ b P~m of EX---~'-~ 07 ~0~ 1.4J4.ll q i b~lit - r- C4 Stlt~ Tn: CltJ; TU: Cie'tel Fee: l~llisfer: Total: ~. Ouimt~ Cle't TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA P RTAI ING TO C OSURE Request from BEH Real Estate Partnership, represented by ) Edward A. Natt, Attorney, that the easterly eight feet of ) the right-of-way of wycliffe Avenue, S.W., from its inter-)AFFI- section with McClanahan Street, S.W., to its intersection )DAVIT with Evans Mill Road, S.W., be permanently vacated, dis- ) continued and closed. ) 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 23rd day of October, 1989, notices of a public hearing to be held on the 1st day of November, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNERt AGENT OR OCCUPANT 1040622 Roanoke Memorial Hospitals c/o Rick Swain Martha Pace Franklin ADDRESS P.O. Box 13025 Roanoke, VA 24030 SUBSCRIBED AND SWORN to before me, a Notary Public, in the Roanoke, Virginia, this 23rd day o~~r, %~89. Notary(Publid/ My Commission Expires: City of Office of the City Clerk December 20, 1989 File #51 Ms. Maryellen F. Goodlatte Attorney P. 0. Box 2887 ~oanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 29876-121889 rezoning a por- tion of a tract of land comprising approximately 5.30 acres, located on Airport Road and Coulter Drive, ~. W., 5732 Airport Road, N. W., identified as Official Tax ~¥o. 6630105, from Light Manufacturing District, to C-2, General Commercial District. Ordinance No. 29876-121889 was adopted by the Council of the City of Roanoke on first reading on Monday, December 11, 1989, also adopted by the Council on second reading on ,~4onday, December 18, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pC: John C. Nordt Company, Inc., c/o Mr. P. W. Nordt, III, P. O. ~ox 14166, Roanoke, Virginia 24038 Mary Ann Coulter Estate, c/o Dominion Trust Company, P. ©. ~ox 13327, Roanoke, Virginia 24040 Blue Ridge Memorial Gardens, 5727 Airport Road, Roanoke, Virginia 24012 ~r. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. ~ox 2569, Roanoke, Virginia 24010 Room456 MunicipalBuilding 215Chu~ch Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 Ms. Maryellen F. Goodlatte December 20, 1989 Page 2 pc: ~r ~r Mr ~r ~r ~r ~r Administrator ~r. John R. Commission Ms. Doris Layne, W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Von W. Moody, III, Director of Real Estate Valuation Michael ~. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit 8. Kiser, Director of Utilities and Operations Charles ~. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 18thday of Decem~er, 1989. No. 29876-121889. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 663, 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 LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said appli- cation at its meeting on December 11, 1989, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the tion, the recommendation made to the Council Commission, the City's Comprehensive Plan, aforesaid applica- by the Planning and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 663 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a portion of a tract of land compri$£n~ approximately 5.30 acres on Airport Road and Coulter Drive, N. W., have a property address of 5732 Airport Road, N. W., designated on Sheet No. 663 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 6630105 be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on November 20, 1989, and that Sheet No. 663 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission December 11, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from NWS Partners, a Virginia qeneral partnership, represented by Maryellen F. Goodlatte, attorney, that a portion of a tract of land comprising of 5.30 acres, located at 5732 Airport Road, N.W., official tax no. 6630105, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: ae Purpose of the request is twofold. First the C-2 zoning designation would bring the existing restaurant use into conformance as a permitted use in the C-2 zone and allow for expansion. Secondly, the C-2 designation would allow for the renovation and reuse of the existing barn structure into professional offices. In order to preserve abutting LM property, a two foot LM buffer zone along the boundaries not fronting on a public street would be preserved. Be Original petition was filed on October 11, 1989. Petition was unconditional. Ce Amended petition to rezone was filed on October 18, 1989. The following conditions were proffered: That the uses on the property will be limited to restaurant and office building use; 355 Municipal Buildir~ 2t 5 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 II. That approximately 1.24 acres of the property will be developed in substantial compliance with a site plan dated October 18, 1989, made by Clean Water Engineers a copy of which is attached to this amended petition to rezone as Exhibit C, subject to any changes required by the city during site plan reviews; 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 LM without further action by city council. Second amended petition was filed on November 20, 1989. A revision of proffered condition number 1, above, was offered as a result of the Planning Commission's public hearing. The condition, as revised, is as follows: "1. That the uses on the property will be limited to restaurant (excluding fast-food restaurant) and office building uses and that the restaurant shall make use of the existing structure on the property and all additions thereto shall maintain the character of the existing structure;" Ee Planning Commission public hearing was held on Wednesday, November 1, 1989. Ms. Maryellen F. Goodlatte, attorney, appeared before the Commission on behalf of the petitioner. Ms. Goodlatte explained the purpose of the rezoning and noted the proffered conditions. Mr. Buford asked for comments or questions. There being none, Mr. Marlles reported the staff recommended approval of the request. Mr. Bradshaw noted that the conditions did not exclude the possibility of a fast-food restaurant. Ms. Goodlatte acknowledged Mr. Bradshaw's observation and concern and after conferring with her client the proffer was amended to exclude fast-food restaurants and the preservation of the architecture of the existing restaurant. Issues: Zoning is presently LM. Zoning to the north, south and west is LM, light manufacturing. Zoning to the east across Airport Road is RS-3, residential single family. III. Land use is presently commercial (restaurant). Land use to the north is manufacturing. To the east, across Airport Road the use is institutional (Blue Ridge Memorial Gardens Cemetery). To the south and west are undeveloped manufacturing tracts. A mix a manufacturing and office use occur within close proximity to the subject tract. Utilities exist on the site and additional capacity is available. Storm water management can be addressed during comprehensive site plan review and an existing storm drainage easement is located immediately adjoining the rear property line. Access would be provided by utilizing existing entrances on Coulter Road, N.W., Airport Road, N.W. and Neighborhood organizations which were notified are the Thirlane Road Neighborhood Association and the Williamson Road Action Forum. No objection have been received by this office as of the date of the report. F. Comprehensive Plan recommends that: Development of new or existing commercial areas should be carefully planned and designed to promote quality development and good land use. Industrial sites be protected, where possible, to minimize conflicts of land uses. Alternatives: A. City Council approve the rezoning request. Zoning becomes conditional C-2. LM property is protected because of the proposed two-foot LM buffer zone. Land use is limited to restaurant and office use. 3. Utilities are not affected. 4. Access remains unchanged. Increase in traffic volume is minimal. 5. Neighborhood impact and compatibility are minimal. Structure already exists. 6. Comprehensive Plan would be followed. B. City Council deny the request. 1. Zoning remains LM. Land use is limited to current non-conforming use. 3. Utilities are not affected. 4. Access remains unchanged. 5. Neighborhood not affected. 6. Comprehensive Plan could be followed. IV. Recommendation: By a vote of 5-0 (Messrs. Price and Waldvogel absent) the Planning Commission recommended approval of the rezoning request. The rezoning would correct an existing, non-conforming use and would allow for the renovation and use of an existing structure. Furthermore by providing a two-foot LM zone, remaining adjoining LM properties are protected. JRM:JTT:mpf attachments cc: Respect fully submitted, _ Michael M. Waldvogel, Chairman Roanoke City Planning Commission Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the petition VIRGINIA: IN THE COUNCIL.OF THE CITY OF ROANOKE Re: Rezoning of a portion of ) a tract of land comprising ) approximately 5.30 acres on ) Airport Road and Coulter ) Drive, N.W. having a prop- ) erty address of 5732 Airport ) Road, N.W. and a Tax Map No. ) 6630105 from LM (light ) manufacturing to C-2 ) (general commercial) ) SECOND AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, NWS Partners, a Virginia general partnership, owns land in the City of Roanoke containing 5.30 acres, more or less, located at 5732 Airport Road, N.W. Said tract is currently zoned LM. 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 a portion of said property be rezoned from LM District to C-2, General Commercial District for the purpose of conforming the zoning classification to the current use of the property; of allowing for the renovation of the existing barn on the property into an office building; and of providing for the construction of an office building(s). Said rezoning, if approved, would leave a 2 foot LM buffer zone along those boundary lines of the subject property not fronting on a public road. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will have the zoning reflect the use of the property, as well as provide for a compatible use. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the petitioner will abide by, the following conditions: 1. That the uses on the property will be limited to restaurant (excluding fast-food restaurant) and office building uses and that the restaurant shall make use of the existing structure on the property and all additions thereto shall maintain the character of the existing structure; 2. That approximately 1.24 acres of the property will be developed in substantial compliance with a site plan dated October 18, 1989, made by Clean Water Engineers a copy of which is attached to this amended petition to rezone as Exhibit C, subject to any changes required by the city during site plan reviews; 3. That if no building permit has been issued and no construction commenced within three years from the date of final zoning approval, the zoning 2 shall revert to LM without further action by city council. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent 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 20th day of November, 1989. Respectfully submitted, NWS Partners of Counsel Maryellen F. Goodlatte Glenn, Flippin, Feldmann & Darby 200 First Campbell Square P. O. Box 2887 Roanoke, Virginia 24001 Counsel for Petitioner fv ~'~otO5 Exhibit B Official Tax Number Owner's Name Address 6630112 6630103 6630101 6630108 6630109 6630110 6630107 6630111 6620103 Freeway Corporation Blue Ridge Memorial Gardens Mary Ann Coulter-Estate Mary Ann Coulter-Estate First Virginia Banks, Inc. First Virginia Banks, Inc. John C. Nordt Co., Inc. Industrial Development Authority New Life Temple Pentacostal Holiness Church 9301 Allen Dr. Cleveland, OH 44125 5727 Airport Rd.,NW Roanoke, VA 24012 P. O. Box 13327 Roanoke, VA 24040 P. O. Box 13327 Roanoke, VA 24040 6400 Arlington Blvd. Falls Church, VA 22042 6400 Arlington Blvd. Falls Church, VA 22042 P. O. Box 14166 Roanoke, VA 24038 6400 Arlington Blvd. Falls Church, VA 22042 5745 Airport Road, NW Roanoke, VA 24012 0 oO LLJ / Z .< LOCATION I PUBLiSHEr'S FEE - $95o~0 NARYELLEN F GOODLATTE 315 SHENANCOAH 8LDG P G bOX 28~7 ROANOKE VA Z~OCI ES STATe OF VIRGINIA CITY OF ROANOKE AFFIDAviT OF PUBLICATION Is IrHE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TINES-NORLO CUR- PORATtON, ~HICH CURPORATION IS PUbLISdER OF THb ROANOKE TIMES C ~GRLD-NE~S~ A DAILY NEWSPAPER PUBLISHED I¢~ ROANOKE~ IN TH~ STATE OF VIRGINIA, OD CERTIFY THAT IHm ANNEXED z~OTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FGLLOmING DATES 11/2~/89 HORNING i2/01/59 HORNING WITNESS, NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, December 11, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following pro- perty: A portion of a tract of land mately 5.30 acres on Airport Road N. W., having a property address of N. W., bearing Official Tax No. comprising approxi- and Coulter Drive, 5732 Airport Road, 6630105. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of November ,1989 . Mary F. Parker, City Clerk Please publish in full twice, once on Friday, November 24, 1989, and once on Friday, December l, 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: Ms. Maryellen F. Goodlatte Attorney P. O. Box 2887 Roanoke, Virginia 24001 Office of the City Clerk November 28, 1989 File #51 Ns. ~aryellen F. Ooodlatte Attorney P. O. 8ox 2887 Roanoke, Virginia 24001 Dear ,Us. ,~oodlatte: I am enclosing copy of a report of the City Planninq Commission recommending that the Council of the City of Roanoke grant t~e request of your client, ~S Partners, a Virginia ~eneral Partnership, that a portion of a tract of land comprisi~q approximately 5.30 acres, located on Airport Road and Coulter Drive, N. ~., (5732 ,~irport Road, ~. W.) identified as ©fficiaI Tax 2o. 6630105, be rezoned froth LM, Light ~anufact~ri;~g District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Pursuai~t to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, April 6, 1981, a public hearing on the abovedescriDed request has bee~i set for ~onday, December 11, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the ~unicipal ~uilding, 215 Church Avenue, $. i~. For your information, I am also enclosing copy of a notice of the public l~earing. The Ordinance ~ill be prepared by ~r. 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 Planniag Commissign report should be directed to ~r. Jo~n R. ~arlles, Chief of Community Planning, at 981-2344. Sincerely, ~ary ~F~. ~ arker City Clerk MFP:ra PUBLIC24 Room 456 Municipal 13~ildir~g 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Ms. Maryellen F. Goodlatte November 28, 1989 Page 2 pc: John C. Nordt Company, Inc., c/o .Ur. P. ~. ~ordt, P. O. 6ox 14166, Roanoke, Virginia 24038 Mary Ann Coulter Estate, c/o Dominion Trust Company, P. 6ox 13327, Roanoke, Virginia 24040 Blue Ridge Memorial Gardens, 5727 Airport Road, N. ~., Roanoke, Virginia 24012 Mr. ~ayne G. Strickland, Executive Director~ Fifth Planning D strict Commission, P. ©. ~ox 2569, Roanoke, Virginia 24010 ~. Robert Herbert, City Manager Mr ~ilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Mr Van ~. Moody, III, Director of Real Estate Valuation Mr Michael M. ~aldvogel, Chairman, City Planning Commission Mr ~. Elwood Norris, Chairman, Board of Zoning Appeals Mr William F. Clark, Director of Public Works Mr Kit ~. Kiser, Director of Utilities and Operations Charles M. Huffine~ City Engineer Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. ~arlles, Agent/Secretary, City Planning Commission ~s. Doris Layne, Office of Real Estate Valuation Office of the City Clerk November 21, 1989 Mr. Michael ~. 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 Ms. ~aryellen F. Goodlatte, Attorney, representing ~WS Partners, a Virginia General Partnership, requesting that a portion of a tract of land comprising approxi- mately 5.30 acres, located on Airport Road and Coulter Drive, N. ~., (5732 Airport Road, N. W.), identified as Official Tax ~o. 6630105, be rezoned from ~, Light Manufacturing District, to C-2, General Commercial ~istrict, subject to certain conditions proferred by t~e petitioner. Sincerely, ~ary F. Parker, C~4C City Clerk ,~FP:ra REZONE24 pc: ~s. ~aryellen F. Goodlatte, Attorney, P. 0. ~ox Roanoke, Virginia 24001 Mr. John R. ~arlles, Agent/Secretary, City Planning Commission ~r. Roaald H. ~iller, Zoning Administrator ~r. Steven J. Talevi, Assistant City Attorney 2887, Room456 Muni¢ipalBuilding 215Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of a portion of a tract of land comprising approximately 5.30 acres on Airport Road and Coulter Drive, N.W. having a prop- erty address of 5732 Airport Road, N.W. and a Tax Map No. 6630105 from LM (light manufacturing to C-2 (general commercial) SECOND AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, NWS Partners, a Virginia general partnership, owns land ~n the City of Roanoke containing 5.30 acres, more or less, located at 5732 Airport Road, N.W. Said tract is currently zoned LM. A map of the property to be rezoned ~s 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 a portion of said property be rezoned from LM District to C-2, General Commercial District for the purpose of conforming the zoning classification to the current use of the property; of allowing for the renovation of the existing barn on the property into an office building; and of providing for the construction of an office building(s). Said rezoning, if approved, would leave a 2 foot LM buffer zone along those boundary lines of the subject property not fronting on a public road. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will have the zoning reflect the use of the property, as well as provide for a compatible use. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the petitioner will abide by, the following conditions: 1. That the uses on the property will be limited to restaurant (excluding fast-food restaurant) and office building uses and that the restaurant shall make use of the existing structure on the property and all additions thereto shall maintain the character of the existing structure; 2. That approximately 1.24 acres of the property will be developed in substantial compliance with a site plan dated October 18, 1989, made by Clean Water Engineers a copy of which is attached to this amended petition to rezone as Exhibit C, subject to any changes required by the city during site plan reviews; 3. That if no building permit has been issued and no construction commenced within three years from the date of final zoning approval, the zoning 2 shall revert to LM without further action by city council. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent 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 20th day of November, 1989. Respectfully submitted, NWS Partners of Counsel Maryellen F. Goodlatte Glenn, Flippin, Feldmann & Darby 200 First Campbell Square P. O. Box 2887 Roanoke, Virginia 24001 Counsel for Petitioner 3 Office of the City Clerk October 23, 1989 Mr. Michael M. Wa ldvogel 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 Ms. ,Maryellen F. Goodlatte, Attorney, representing NWS Partners, a Virginia general partnership, requesting that a tract of land containing approximately 5.30 acres, located on Airport Road and Coulter Drive, N. W., ($732 Airport Road, N. W.), identified as Official Tax No. 8630105, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proferred by the petitioner. Sincerely, ~L Mary F. Parker, CMC City Clerk MFP:ra REZONE24 Enc. pc: Ms. Maryellen F. Goodlatte, Attorney, P. O. Box Roanoke, Virginia 24001 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney 2887, Room 456 MunicipaIBuilding 215 Church Avenue, $. W. Roanoke, Virginia 24011 (703)981-2S41 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of m portion of ) a tract of land comprising ) approximately 5.30 acres on ) Airport Road and Coulter ) Drive, N.W. having a prop- ) erty address of 5732 Airport ) Road, N.W. and a Tax Map No. ) 6630105 from LM (light ) manufacturing to C-2 ) (general commercial) ) AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, NWS Partners, a Virginia general partnership, owns land in the City of Roanoke containing 5.30 acres, more or less, located at 5732 Airport Road, N.W. Said tract is currently zoned LM. 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 a portion of said property be rezoned from LM District to C-2, General Commercial District for the purpose of conforming the zoning classification to the current use of the property; of allowing for the renovation of the existing barn on the property into an office building; and of providing for the construction of an office building(s). Said rezoning, if approved, would leave a 2 foot LM buffer zone along those boundary lines of the subject property not fronting on a public road. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will have the zoning reflect the use of the property, as well as provide for a compatible use. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the petitioner will abide by, the following conditions: 1. That the uses on the property will be limited to restaurant and office building uses; 2. That approximately 1.24 acres of the property will be developed in substantial compliance with a site plan dated October 18, 1989, made by Clean Water Engineers a copy of which is attached to this amended petition to rezone as Exhibit C, subject to any changes required by the city during site plan reviews; 3. 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 LM without further action by city council. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent 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 18th day of October, 1989. Respectfully submitted, NWS Partners of Counsel Maryellen F. Goodlatte Glenn, Flippin, Feldmann & Darby 200 First Campbell Square P. O. Box 2887 Roanoke, Virginia 2400]. Counsel for Petitioner 3 II I \ \ \ \ \ Exhibit B Official Tax Number Owner's Name Address 6630112 6630103 6630101 6630108 6630109 6630110 6630107 6630111 6620103 Freeway Corporation Blue Ridge Memorial Gardens Mary Ann Coulter-Estate Mary Ann Coulter-Estate First Virginia Banks, Inc. First Virginia Banks, Inc. John C. Nordt Co., Inc. Industrial Development Authority New Life Temple Pentacostal Holiness Church 9301 Allen Dr. Cleveland, OH 44125 5727 Airport Rd.,NW Roanoke, VA 24012 P. O. Box 13327 Roanoke, VA 24040 P. O. Box 13327 Roanoke, VA 24040 6400 Arlington Blvd. Falls Church, VA 22042 6400 Arlington Blvd. Falls Church, VA 22042 P. O. Box 14166 Roanoke, VA 24038 6400 Arlington Blvd. Falls Church, VA 22042 5745 Airport Road, NW Roanoke, VA 24012 LU VIRGINIA: O.~ I ?' INTHE COUNC. IL OF THE CITY OF ROANOKE Re: Rezoning of a portion of a tract of land comprising approximately 5.30 acres on Airport Road and Coulter Drive, N.W. having a prop- erty address of 5732 Airport Road, N.W. and a Tax Map No. 6630105 from LM (light manufacturing to C-2 (general commercial) AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, }~S Partners, a Virginia general partnership, owns land in the City of Roanoke containing 5.30 acres, more or less, located at 5732 Airport Road, N.W. Said tract is currently zoned LM. A map of the property to be rezoned Js 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 a portion of said property be rezoned from LM District to C-2, Genera] Commercial District for the purpose of conforming the zoning classification to the current use of the property; of allowing for the renovation of the existing barn on the property into an office building; and of providing for the construction of an office building(s). Said rezoning, if approved, would leave a 2 foot LM buffer zone along those boundary lines of the subject property not fronting on a public road. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will have the zoning reflect the use of the property, as well as provide for a compatible use. The petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the petitioner will abide by, the following conditions: 1. That the uses on the property will be limited to restaurant and office building uses; 2. That approximately 1.24 acres of the property will be developed in substantial compliance with a site plan dated October 18, 1989, made by Clean Water Engineers a copy of which is attached to this amended petition to rezone as Exhibit C, subject to any changes required by the city during site plan reviews; 3. 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 LM without further action by city council. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property 2 immediately adjacent 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 18th day of October, 1989. Respectfully submitted, NWS Partners of Counsel Maryellen F. Goodlatte Glenn, Flippin, Feldmann & Darby 200 First Campbell Square P. O. Box 2887 Roanoke, Virginia 2400]. Counsel for Petitioner 3 I/ II \ \ \ \ \ Official Tax Number 6630112 6630103 6630101 6630108 6630109 6630110 6630107 6630111 6620103 Exhibit B Owner's Name Freeway Corporation Blue Ridge Memorial Gardens Mary Ann Coulter-Estate Mary Ann Coulter-Estate First Virginia Banks, Inc. First Virginia Banks, Inc. John C. Nordt Co., Inc. Industrial Development Authority New Life Temple Pentacostal Holiness Church Address 9301 Allen Dr. Cleveland, OH 44125 5727 Airport Rd.,NW Roanoke, VA 240~2 P. O. Box 13327 Roanoke, VA 24040 P. O. Box 13327 Roanoke, VA 24040 6400 Arlington Blvd. Falls Church, VA 22042 6400 Arlington Blvd. Falls Church, VA 22042 P. O. Box 14166 Roanoke, VA 24038 6400 Arlington Blvd. Falls Church, VA 22042 5745 Airport Road, NW Roanoke, VA 24012 Z ,< Office of the City Clerk October 16, 1989 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended. I am enclosing copy of a petition from Ms. ~aryelien F. Goodlatte, Attorney, representing lYeS Partners, a Virginia general partnership, requesting that a tract of land containing 5.30 acres, located at 5732 Airport Road, N. W., identified as Official Tax ~o. 6630105, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Sincerely, Mary F. Parker, City Clerk MFP:ra REZONE24 Enc o pc: Ms. Maryellen F. Goodlatte, Attorney, P. 0. 8ox Roanoke, Virginia 24001 ~r. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator ~r. St~ven J. Talevi, Assistant City Attorney 2887, Room456 MunicipalBuilding 215Church Avenue. S.W. Roanoke. Virginia 24011 (703)~81-2541 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE Re: Rezoning of a tract of land comprising 5.30 acres on Airport Road and Coulter Drive, N.W having a property address of 5732 Airport Road, N.W. and a Tax Map No. 6630105 from LM (light manufacturing) to C-2 (general commercial) PETITION TO REZONE TO THE HONORABLE MAYOR ;dgD MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, t~lS Partners, a Virginia general partnership, owns land in the City of Roanoke containing 5.30 acres, more or less, located at 5732 Airport Road, N.W. Said tract is currently zoned LM. 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 property be rezoned from LM District to C-2, General Commercial District for the purpose of conforming the zoning classification to the current use of the property and to provide for the construction of an office building. The Petitioner believes the rezoning of the said tract of land will fur'ther the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will have the zoning reflect the use of the property, as well as provide for a compatible use. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent 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 llth day of October, 1989. Respectfully submitted, NWS Partners Y of Counsel Maryellen F. Goodlatte Glenn, Flippin, Feldmann & Darby 200 First Campbell Square P. O. Box 2887 Roanoke, Virginia 2400]. (703) 344-3000 Counsel for Petitioner NWS Partners By~ T. D. Steele, Partner 2 11 I EXHIBIT A Official Tax Number 6630112 6630103 6630101 6630108 6630109 6630110 6630107 6630111 6620103 Exhibit B Owner's Name Freeway Corporation Blue Ridge Memorial Gardens Mary Ann Coulter-Estate Mary Ann Coulter-Estate First Virgdnia Banks, Inc. First Virgdnia Banks, Inc. John C. Nordt Co., Inc. Industrial Development Authority New Life Temple Pentacostal Holiness Church Address 9301 Allen Dr. Cleveland, OH 44125 5727 Airport Rd.,NW Roanoke, VA 24012 P. O. Box 13327 Roanoke, VA 24040 P. O. Box 13327 Roanoke, VA 24040 6400 Arlington Blvd. Falls Church, VA 22042 6400 Arlington Blvd. Falls Church, VA 22042 P. O. Box 14166 Roanoke, VA 24038 6400 Arlington Blvd. Falls Church, VA 22042 5745 Airport Road, NW Roanoke, VA 24012 TO THE CITY CLERK OF THE(~'TY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONIN~R~QUg~TOF~ Request from NWS Partners, a Virginia general partnership,) represented by Maryellen F. Goodelatte, Attorney, that a ) tract of land comprising 5.3 acres, located at 5732 )AFFI- Airport Road, N.W., official tax no. 6630105, be rezoned )DAVIT from LM to C-2. ) 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 23rd day of October, 1989, notices of a public hearing to be held on the 1st day of November, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 6630107 6630108 6630101 6630103 OWNER~ AGENT OR OCCUPANT John C. Nordt Co., Inc. c/o P. W. Nordt, III Mary Ann Coulter Estate c/o Trust Department Blue Ridge Memorial Gardens ~ Franklin ADDRESS P. O. Box 14166 Roanoke, VA 24038 P. O. Box 13327 Roanoke, VA 24040 5727 Airport Road, Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, My Commission Expires: ~ubli/ / in the City of Office of the City Clerk December 20, 1989 File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 29877-121889 permanently vacating, discontinuing and closing a public alley extending in a westerly direction from Market Street, S. E., along the northerly property line of Official Tax No. 4010116, for a distance of approximately 129 feet. Ordinance No. 29877-121889 was adopted by the Council of the City of Roanoke on first reading on ~onday, December 11, 1989, also adopted by the Council on second reading on ,~4onday, December 18, 1989, and will take effect ten days following the date of its second reading. Sincerely,-~' .1,'_~ ~ary F. Parker, C,~C City Clerk MFP : ra Enc. pc: ~lr. The Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation ~r. ~ichael ~. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals ~r. William F. Clark, Director of Public Works ~r. Kit B. Kiser, Director of Utilities and Operations ~r. Charles ~. ~uffine, City Engineer ~r. Ronald H. Miller, Building Commissioner and Zoning Administrator Room456 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-254t ~r. Wo Robert Herbert December 20, 1989 Page 2 pc: ~r. John R. ~arlles, Agent/Secretary, City Planning Commission ~r. Edward R. Tucker, City Planner ~s. Doris Layne, Office of Real Estate Valuation Office of the City Clerk December 20, 1989 File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear ~iss Testerman: I am attaching copy of Ordinance No. 29877-121889, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of a public alley extending in a westerly direction from Market gtreet, S. ~., along the northerly property line of Official Tax No. 4010116, for a distance of approximately 129 feet. Qrdinance No. 29877-121389 was adopted by the Council of the City of Roanoke on first reading on ~onday, December 11, 1989, also adopted by the Council on second reading on ~onday, December 18, 1989, and will take effect ten days following the date of its second reading. Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, VirgJni~ 24011 (703)981-2541 BK1615PO 6092 TN THE COONC~L O~ ?~E CI?¥ OF ROANOEE, VIRGINIA, 'l~e 18t.h day of Dec~Abe~, 1989. Noo 2987'7-121889° 00201 AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, W. Robert Herbert, City Manager, has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public he&ring was held on said application by the City Council on December 11, 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 and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. BK1 15P$ 00202 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A public alley extending in a westerly direction from Market Street, S. E., along the northerly property line of Official Tax No. 4010116, for a distance of approximately 129 feet, said alley being 22 feet in width, be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, the public of cable television, service, an easement for sewer without limitation, providers to or for electricity, natural gas or telephone and water mains, television cable, electric wires, gas lines, that may now be located in together with the right of telephone lines, and related facilities or across said public right-of-way, 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 uti- lity or facility by the owner thereof. BK1615P$ 0020 BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of City of Roanoke, and the names of any other parties in interest who may so request, as Grantees. City Clerk. In the Clerk's Office of the Circuit Court of the City of goanoke, Virginia~ this Instrument is admitted to Record ~ Teste: -PA~Y TESTgRMAN , CLERK Deputy Clerk Roanoke City Planning Commission December 11, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the City of Roanoke, represented by W. Robert Herbert, City Manager, to vacate a 22 foot wide public alley extending in a westerly direction from Market Street, S.E., along the northerly property line of official tax no. 4010116, for a distance of approximately 129 feet. I. Background: Public alley, as requested for closure, extends from Market Street, S.E., in a westerly direction for m distance of approximately 129'. Alley right-of-way width is 22'. Alley location is situated directly beneath the W. P. Hunter Memorial Bridge and at the rear of the existing and former A & P building which fronts on Salem Avenue, S.E. City of Roanoke owns all of the properties abutting the subject alley. II. Current Situation: ae Application requesting closure of the subject alley was received on October 13, 1989. Be City of Roanoke has recently approved the discontinuance and removal of the W. P. Hunter Memorial Bridge, the structure of which is situated directly above the property currently occupied by the alley. Ce City of Roanoke plans to construct a landscaped plaza upon a portion of the property over which R~)orn 355 Municipal Building 215 Churd~ Avenue, S W~ Rc~anoke, Virginia 2401 t (703) 981-2344 III. the subject alley is situated, and intends to sell portions of the property over which the subject alley is situated to other parties for the construction of an office tower and parking facility. Plannin9 Commission reviewed the subject application at its regular meeting of December 6, 1989. There was no one present in opposition to the request. Issues generally related to routine street and alley closures are: Impact on immediate business community - Closure would have no effect on the immediate business community. Be Impact on traffic - Closure would have no impact on traffic. Utilities within the public right-of-way - There are no public or private utilities within the public right-of-way. Creation of a dead-end alley - Closure would not create a dead-end alley. EJ Relationship to the comprehensive plan - Request is consistent with the intent of the comprehensive plan, that available land be utilized in the most appropriate manner. IV. Recommendation: The Planning Commission recommends to City Council, by a vote of 4-0 (Messrs. Price and Bradshaw and Mrs. Goode absent) that the application to close the subject alley be approved subject to the conditions as provided in the City's application for closure. Respectfully submitted, Michael M. Waldvogel, Cha~Yman Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, IN RE: Application of the City ) of Roanoke, for vacating, ) a public alley situated ) beneath and near the ) W. P. Hunter ~emorial ) Bridge (Hunter Viaduct) ) APPLICATION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA: The CITY OF ROANOKE, VIRGINIA (hereinafter "the City"), applies to have a public alley lying beneath and near the W. P. Hunter Memorial Bridge (hereinafter referred to as the "Hunter Viaduct"), in the City, permanently vacated pursuant to Section 15.1-364 of the Code of Virginia (1950), as amended, and Section 30-14, of the Code of the City of Roanoke (1979), as amended. The public alley which is subject to this Applica- tion is shown on the attached ra~p (Exhibit A) and is more particularly described as follows: A public alley extending in a westerly direction from Market Street S. E., along the northerly pro- perty line of Official Tax No. 4010116, for a distance of approximately 129 feet, said alley being 2~ feet in width. The City states that the grounds for this Application are as follows: 1. The City of Roanoke wishes to construct or have con- structed a public parking facility, a pedestrian bridge over the Norfolk Southern Corporation's right-of-way, and a plaza, and to convey a portion of its property for private development (herein- after referred to as "the Project") on and over much of the real estate lying beneath and near Hunter Viaduct. Such real estate includes the aforedescribed alley. 2. The construction of the Project requires the vacating of the public alley lying beneath and near HUnter Viaduct. 3. The ordinance providing for the closure of the afore- described alley should not take effect and said vacation should be conditioned upon the City's reaching satisfactory agreement ~ith all necessary parties for the construction of the Project and the City's sisting of .291 dated March 21, at page 1450. 4. If the conditions set Application are not met within nance providing for the conditional said ordinance, and the conditional should become null and void with no City Council. obtaining title to Official Tax No.4010116, con- acres and conveyed to the current owners by deed 1989, of record in Roanoke City Deed Book 1599, forth in Paragraph No. 3 of this two years of the date of the ordi- vacation of said alley, then vacation pursuant thereto, further action necessary by WHEREFORE, the City respectfully requests the above-described public alley lying beneath and near Hunter Viaduct be conditionally vacated by the Council of the City of Roanoke, Virginia, in accordance with Section 15.1-364 of the Code of Virginia (1950), as amended, (1979), as and Section 30-14 of the Code of the City of Roanoke amended. Respectfully submitted, CITY OF ROANOKE, VIRGINIA W. Robert Herbert, City Manager - 3 - CATION ! ! ~33~£~ ~wv,~ 133U1S AD NU~ER - 11212171~ PUoLISHER'S FE~ ~o.~O CiTY OF ROANOKE C/G MARY F PARKER CITY CLERKS OFFICE ROOM ~b MUNICIPAL ROA~OKE VA 2~Oll SlATe UF VIRGINIA CITY CF ROANOKE ~FFIDAVlT OF PUbLICATiON 1~ IThE UNDERSIgNEd) AN AUTHORIZEO REPRESENTATIVE OF THE TINES-wORLD COR- PORATION~ ~HICH CURPORATiUN IS PUBLISHER OF THE ROANOKE TI~ES 8 WORLD-NE~S, A DALLY NENSPAP~R PUBLISHED IN ROANOKE~ IN THE STATE OF VIRulNtA~ ~G CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED 1N SAID NEwSPAPEKS ON THE FOLLOWING DATES 12/O1/~9 MORNING NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, December 11, 1989, at 7:$0 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: A public alley extending in a westerly direction from Market Street, S. E., along the northerly property line of Official Tax No. 4010118, for a distance of approximately 129 feet, said alley being 22 feet in width. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 458, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of November , 19 89 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 24, 1989, and once on Friday, December l, 1989, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City Clerk October 16, 1989 File #514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an application from Mr. W. Robert Herbert, City Manager, repre- senting the City of Roanoke, requesting that a public alley extending in a westerly direction from Market Street, S. ~., along the northerly property line of Official Tax No. 4010116, for a distance of approximately 129 feet, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, City Clerk MFP:ra ST.CLOSE56 Enc o Mr. ~. Robert Herbert, City Manager Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald g. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney Room456 Muni¢ipelBuilding 215Church Avenue,$.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk December 20, 1989 File #53B ~r. Donald G. Gurney, Esquire 17 Battery Place New York, New York 10004 Dear Mr. Gurney: I am enclosing copy of Ordinance No. 29878-121889 authorizing the issuance of Six ~illion Eight ~undred Thousand Dollars ($6,800,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds. Ordinance No. 29878-121889 was adopted by the Council of the City of Roanoke on first reading on ~onday, December 11, 1989, also adopted by the Council on second reading on Monaay, December 18, 1989, and will take effect ten days following the date of its second reading. MFP : ra Enc. Sincerely, Mary F. Parker, C~C City Clerk Room456 Municipall~uilding 215Church Avenue, S.w. Roanoke. Vi[ginia 24011 (703)981-2S41 Office of the City Clerk December 20, 1989 File #53B The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching a certified copy of Ordinance Ho. 29878-121889 authorizing the issuance of Six Million Eight Hundred Thousand Dollars ($6,800,000.00) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of pro- viding funds to defray the cost of needed permanent public impro- vements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds. Ordinance No. 29878-121889 was adopted by the Council of the City of Roanoke on first reading on Monday, December 11, 1989, also adopted by the Council on second reading on Monday, December 18, 1989, and will take effect ten days following the date of its second reading. Pursuant to provisions of Section 11 of the abovestated Ordinance, I am required to file a certified copy with the Circuit Court. Sincerely, Mary F. Parker, CMC City Clerk MFP : ra En¢ o pc: The Honorable Gordon E. Peters, City Treasurer Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Ms. Sharon L. Carrington, Registrar Room 456 MunicipaIBuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2S41 LEGAL NOTICE Notice is hereby given pursuant to Section 15.1-199 of the Code of Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia, adopted on December 18, 1989, an ordinance authorizing the issuance in one or more series of $6,800,000.00 aggregate principal amount of General Obligation Public Improvement Bonds and authorizing the issuance of up to an equal principal amount of general obligation bond anticipation notes in anticipation of the issuance of such bonds, and has caused acer- tified copy of such ordinance to be filed in the Circuit Court of the City of Roanoke, Virginia, on December 22, 1989. The pro- ceeds of the sale of such General Obligation Public Improvement Bonds and notes issued in anticipation thereof shall be applied to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for the City. CITY OF ROANOKE, VIRGINIA By: Mary F. Parker, City-Clerk Please publish in full on Sunday, December 24, 1989, in the Roanoke Times & World News. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 ROANOKE An NUMBER - [22208399 P'UBL[SHER*S FEE - $86.70 TIMES. WORLD-NEWS CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~50 MUNICIPAL BLDG ROANOKE VA 26011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-~ORLO COR- PORATION, NH[CH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS9 A OAILY NEWSPAPER PUULISHEO IN ROANOKE9 IN THE STATE OF VIRGINIA, OO CERTIFY THAT THE ANNEXED NOTICE ~AS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 12/26/89 SUNDAY wITNESS, THIS 26TH DAY OF DECEMBER 1989 IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th day of December, 1989. No. 29878-121889. VIRGINIA, AN ORDINANCE authorizing the issuance of Six Million Eight Hundred Thousand Dollars ($6,800,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; and authorizing and providing for the issuance and sale of a like principal amount anticipation notes in bonds. of general obligation public improvement bond anticipation of the issuance and sale of such WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the issuance of $6,800,000 principal amount of General Obligation Pub- lic Improvement Bonds of the City to provide funds of and for the City and to authorize the issuance of a like principal amount of general obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Public Improvement Bonds; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia: SECTION 1. Pursuant to Chapter 5 of Title 15.1 of the Code of Virginia (1950), as amended, the same being the Public - 2 - Finance Act, and the Charter of the City, as amended, for the purpose of providing funds to defray the cost of the project described in Section 6 hereof, there are authorized to be issued Six Million Eight Hundred Thousand Dollars ($6,800,000) principal amount of general obligation bonds of the City to be designated "General Obligation Public Improvement Bonds" (the "Bonds"). The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. Any series of the Bonds may be sold contemporaneously with any other bonds of the City. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance of the City. All such Bonds shall be issued in fully registered form and shall be in the denomination of $5,000 or any integral multiple there- of. The Bonds of a given series shall be n~mhered from R-1 upwards in order of issuance; shall mature serially, commencing in such year and in such amount in each year as shall be deter- mined by the Director of Finance; and shall bear interest at such rate or rates per annum as shall be specified in the bid accepted by resolution of this Council for the purchase of the Bonds of such series, if any bid therefor be accepted, such interest to be payable semiannually, rov~ the first interest payment date may be any date within one (1) year from the date of the Bonds as determined by the Director of Finance. The Director of Finance is authorized to determine, in accordance with and subject to the provisions of this Ordinance: the date or dates of the Bonds; - 3 - the interest payment dates thereof; the maturity dates thereof; the amount of principal maturing on each maturity date; the place or places of payment thereof and the paying agent or paying agents therefor; the place of registration, exchange or transfer thereof and the registrar therefor; and whether or not the Bonds shall be subject to redemption prior to their stated maturity or maturities and if subject to such redemption, the premiums, if any, payable upon such redemption and the respective periods in which such premiums are payable. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of Section 3 with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. If the Bonds are subject to redemption and if any Bonds (or portions thereof in installments of $5,000 or any integral multiple thereof) are to be redeemed, notice of such redemption specifying the date, numbers and maturity or maturities of the Bond or Bonds to be redeemed, the date and place or places fixed for their redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of a Bond called for redemption is to be redeemed, that such Bond must be surrendered in exchange for payment of the principal amount thereof to be redeemed and the issuance of a new Bond or Bonds - 4 - equalling in principal amount that portion of the principal amount of the Bond to be surrendered not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the regis- tered owner of such Bond at his address as it appears on the books of registry kept by the registrar as of the close of business on the forty-fifth (45th) day preceding the date fixed for redemption. If any Bonds shall have been called for redemp- tion and notice thereof shall have been given as hereinabove set forth, and payment of the principal amount of such Bonds (or the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest on such Bonds (or the principal amount thereof to be redeemed) shall cease to accrue from and after the date so specified for the redemption thereof. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes in the City are assessed, levied and collected upon all property in the City subject to taxation by the City a tax sufficient to provide for the payment of the principal of and interest on the Bonds as the same become due. - 5 - SECTION 3. The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. The Director of Finance shall direct the registrar for the Bonds of a given series to authenticate such Bonds and no such Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the registrar. Upon the authentication of any Bonds the registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if the Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one~ (ii) if the Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date~ (iii) if the Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date~ and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. - 6 - The execution and authentication of the Bonds in the manner above set forth is adogted as a due and sufficient authentication of the Bonds. SECTION 4. The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts, at the option of the holder thereof, at the place or places of payment and through the paying agent or paying agents for the Bonds determined by the Director of Finance in accordance with Section 1. Interest on the Bonds shall be payable by check or draft mailed by the registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. At all times during which any Bond of any series remains outstanding and unpaid, the registrar for such series shall keep or cause to be kept at its principal corporate trust office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its principal corporate trust office for such purpose the registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. - ? - The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. Any Bond may be exchanged at the principal office of the registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the registrar for such series for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the registrar. Ail transfers or exchanges pursuant to this Section 4 shall be made without expense to the holder of such Bonds, except as otherwise herein provided, and except that the registrar for such series of Bonds shall require the payment by the holder of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. - 8 - SECTION 5. CUSIP identification n,~mhers may be printed on the Bonds, but no such m~mher shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. Ail expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City, ~, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. - 9 - SECTION 6. The proceeds of the sale of the Bonds are to be applied to defray the cost of needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for the City. SECTION 7. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 8. The Bonds shall be sold in one or more series in accordance with the provisions of Section 1 at competitive sale at not less than par plus accrued interest and on such other terms and conditions as are provided in the notice of sale thereof. The Bonds may be sold contemporaneously with other bonds of the City under a combined notice of sale. The sale and the definitive details of the Bonds shall be approved, ratified and confirmed by resolution or ordinance of this Council. The Director of Finance of the City is authorized to cause to be published and distributed a notice of sale of the Bonds in such form and containing such terms and conditions as he may deem advisable, subject to the provisions hereof. The Director of Finance is further authorized to cause to be prepared and distributed a Preliminary and final Official Statement relating to the Bonds. - 10 - SECTION 9. The Bonds, the certificate of authentication of the registrar, and the assignment endorsed on the Bonds, shall be in substantially the following forms, respectively, to-wit: No. R- (FORM OF BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES OF ORIGINAL ISSUE DATE CUSIP REGISTERED HOLDER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Holder. (named above), or registered assigns, on the Maturity Date (specified above) (unless this bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on the first day of and on the first day of of each year, commencing on the first day of , 19__ (each such date is hereinafter - 11 - referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the holder hereof in whose name this bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. The principal of, and premium, if any, on this bond are payable on presentation and surrender hereof, at the Principal corporate trust office of , the Registrar and Paying Agent, in the City of , Principal of, premium, if any, and interest on this bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This bond is one of a series of bonds of like date, denomination and tenor except as to number, interest and maturity issued for the purpose of providing funds to defray the cost of - 12 - needed permanent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 5 of Title 15.1 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act), the Charter of the City, as amended, and an ordinance and resolutions and other proceedings of the Council of the City duly adopted and taken under such Chapter 5. The bonds of the issue of which this bond is one (or portions of the principal amount thereof in installments of $5,000) maturing on and after . 1, , are subject to redemption at the option of the City prior to their stated maturities on or after 1, , in whole at any time or in part from time to time on any interest payment date, from any moneys that may be made available for that purpose, in such order as may be determined by the City (except that if at any time less than all of the bonds of a given maturity are called for redemp- tion, the particular bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the principal amount of the bonds (or portions thereof in installments of $5,000) to be redeemed, together with the interest accrued thereon to the date fixed for redemption, plus a premium of [INSERT REDEMPTION PREMIUMS]. - 13 - If this bond is redeemable and this bond (or any portion of the principal amount hereof in installments of $§,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this bond is to be redeemed, that this bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new bond or bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered holder hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day preceding the date fixed for redemption. If notice of the redemption of this bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the bonds of the series of which this bond is one, this bond may be - 14 - exchanged at the principal corporate trust office of the Registrar for a like aggregate principal amount of bonds of other authorized principal amounts and of the same series, interest rate and maturity. This bond is transferable by the registered holder hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the principal corporate trust office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the bonds of the series of which this bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new bond or bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the bond surrendered, will be issued to the transferee in exchange herefor. This bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by an authorized officer of the Registrar. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this bond, together with all other indebtedness of the City does not exceed any limitation 15 - of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this bond as the same become due. IN WITNESS WHEREOF, the City has caused this bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this bond to be dated as of the first day of , CITY OF ROANOKE, VIRGINIA [SEAL] Mayor City Treasurer Attest: City Clerk - 16 - (FORM OF CERTIFICATE OF AUTHENTICATION) CERTIFICATE OF AUTHENTICATION This bond is one of the bonds delivered pursuant to the within-mentioned proceedings. By: Registrar Authorized Officer Date of Authentication: (FORM OF ASSIGNMENT) ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE - 17 - the within bond and all rights thereunder, constituting and appointing hereby irrevocably Attorney, to transfer such bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Holder) NOTICE: The signature above must correspond with the name of the Registered Holder as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. - 18 - SECTION 10. General Obligation bond anticipation notes are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such notes shall be sold at competitive or negotiated sale at not less than par plus accrued interest and on such other terms and conditions as are determined by the Director of Finance. If such notes are offered for competitive sale, a notice of sale shall be prepared, published and distributed in accordance with the requirements of Section 8. There shall also be prepared and distributed a Preliminary and a final Official Statement relating to such notes in such form as shall be approved by the Director of Finance. The issuance and details of such notes shall be governed by the provisions of Section 15.1-223 of Title 15.1, Chapter 5, Article 7 of the Code of Virginia, 1950, as amended. The provisions of Sections 2 and 7 shall apply to such notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such notes and the form and other details thereof shall be approved, ratified and confirmed by resolution or ordinance of this Council. Bonds in anticipation of which such bond anticipation notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Ordinance at any time within five (5) years of the date of issuance of the first notes issued in anticipation of such Bonds. - 19 SECTION ll. The City Clerk is hereby directed to file a copy of this Ordinance, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the city of Roanoke, Virginia, and such city Clerk shall and is hereby directed to publish once within ten (10) days of the date of such filing a notice of the adoption of this Ordinance in the Roanoke Times & World-News, a newspaper of general circulation in the City, all in accordance with Section 15.1-199 of the Code of Virginia, 1950, as amended. Such notice shall be in substantially the following form: "LEGAL NOTICE Notice is hereby given pursuant to Section 15.1-199 of the Code of Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia, adopted on December __, 1989 an ordinance authorizing the issuance in one or more series of $6,800,000 aggregate principal amount of General Obligation Public Improvement Bonds and authorizing the issuance of up to an equal principal amount of general obligation bond anticipation notes in anticipation of the issuance of such bonds, and has caused a certified copy of such ordinance to be filed in the Circuit Court of the City of Roanoke, Virginia, on December , 1989. The proceeds of the sale of such General Obligation Pubic Improvement Bonds and notes issued in anticipation thereof shall be applied to defray the cost of needed permanent public - 20 - improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for the City. CITY OF ROANOKE, VIRGINIA city Clerk" SECTION 12. Ail ordinances and proceedings in conflict herewith are, to the extent of such conflict, repealed. This Ordinance shall constitute a "resolution" for purposes of Section 15.1-199 of the Code of Virginia, 1950, as amended. SECTION 13. This Ordinance shall take effect from and after ten days from the date of passage. ATTEST: City Clerk WILBURN C. DIBLING, JR. cITY' OF ROANOKE 464 MUNICIPA~ b~DING ROANOKe, VIRGINIA 24011-1595 December 11, 1989 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI AS$(STANT CITY A1TORN EY S The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Downtown Tower/Public Parking Garage Dear Mrs. Bowles and Gentlemen: The attached ordinance authorizes the issuance of $6,800,000 principal amount of general obligation bonds of the City to pro- vide funds to defray the cost of needed permanent public improve- ments to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls of and for the City. These permanent public improvements are in connection with the Downtown Tower/Public Parking Garage Project approved by City Council on November 20, 1989. By the attached ordinance, the full faith and credit of the City will be pledged to the bonds which will be issued pursuant to the Public Finance Act without referendum. The ordinance also authorizes the issuance and sale of a like amount of bond antici- pation notes. Under the ordinance, the bonds may be issued and sold in their entirety at one time, or from time to time in series, as determined by the Director of Finance, and the bonds may be sold contemporaneously with other bonds of the City under a combined notice of sale. The Director of Finance is authorized by the ordinance to prepare and distribute an official statement relating to the bonds which will carry the legal opinion of Wood, Dawson, Smith & Hellman, the City's bond counsel. The ordinance establishes procedures for redemption of the bonds; procedures as to registration and payment of principal and interest; and sets out the form of the bonds. When the bonds are sold, the terms of the sale and other details of the bonds will be approved by reso- lution or ordinance of Council. The attached ordinance has my approval as to form. With kindest personal regards, I am ~ ~r.Sincerely yours, · City Attorney WCDJr:fcf The Honorable Mayor of City Council December 7, 1989 and Members Page 2 Attachment cc: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Mary F. Parker, City Clerk William F. Clark, Director, Public Works Office of the City Manager December 11, 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 Bonds for Public Improvements At the City Council Meeting on Monday, November 20, 1989, Council adopted a number of ordinances and resolutions in regard to the proposed downtown development project at the intersection of Jefferson Street and Salem Avenue. One of those resolutions expressed the intent of City Council to finance certain public improvements in connection with the project through issuance of general obligations bonds in an aggregate principal amount not to exceed $6.8 million, pursuant to the Public Finance Act. A public hearing has been advertised for your meeting on Monday, December 11, and the City Attorney has prepared the necessary documents in conjunction with such bond issue. Such bonds are an important aspect of the financing for the public improvements which are an integral part of the downtown development project. I, therefore, recommend Council's approval of the documents as prepared by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Room 304 Municipal Building 215 Church Avenue 5.W Roanoke, Virginia 24011 (703) 981 2333 Office of the City Manager December 11, 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 Bonds for Public Improvements At the City Council Meeting on Monday, November 20, 1989, Council adopted a number of ordinances and resolutions in regard to the proposed downtown development project at the intersection of Jefferson Street and Salem Avenue. One of those resolutions expressed the intent of City Council to finance certain public improvements in connection with the project through issuance of general obligations bonds in an aggregate principal amount not to exceed $6.8 million, pursuant to the Public Finance Act. A public hearing has been advertised for your meeting on Monday, December 11, and the City Attorney has prepared the necessary documents in conjunction with such bond issue. Such bonds are an important aspect of the financing for the public improvements which are an integral part of the downtown development project. I, therefore, recommend Council's approval of the documents as prepared by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Room 364 Mun,clp~l Bu,lding 215 Church Avenue 5 W Roanoke, Virginia 24011 (703) 981-2333 ROANOKE TIMES & WORLD-NEWS . An NUMBER 112227006 PUBLISHER'S FEE - $163.20 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 450 MUNICIPAL ~LDG ROANOKE VA 2~011 STATE OF VIRGINIA CITY CF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNOERSI~N~O) AN AUTNORiZEO REPRESENTATIVE OF THE TIMES-WORLD PORATION9 WHICH CORPORATIUN IS PUBLISHER OF THE ROANOKm TIMES & .CRLD-NEwS~ A 'DAILY NEWSPAPER PUBLISHEC IN ROANOKE, IN THE STATE OF VIRGINIA, DC CERTIFY THAT THE ANNEXED NOTICE .AS PUWLISHEU IN SAID NEWSPAPERS ON T~E FOLLOWING DATES 11/26/89 SUNOAY 12/03189 SUNDAY NOTICE OF PUBLIC HEARING NOTICE is hereby given, pursuant to §15.1-171.1, Code of Virginia (1950), as amended, that the Council of the City of Roanoke will hold a public hearing on Monday, December 11, 1989, at 7:30 p.m., in the Council Chamber, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, on the adoption of an ordinance authorizing the issuance of $6,800,000 principal amount of general obligation bonds of the City for the purpose of providing funds to defray the cost of needed per- manent public improvements to streets, bridges, sidewalks, curbs, gutters, parks and plazas, off-street parking facilities and government buildings and halls. A copy of the full text of such proposed ordi- nance is on file in the Office of the City Clerk. At such public hearing, all citizens shall be given an opportunity to appear before Council and be heard on the proposed bond issue. GIVEN under my hand this 22nd day of November, 1989. Mary F. Parker, City Clerk NOTE TO PUBLISHER: Publish once on Sunday, November 26, 1989, and once on Sunday, December 3, 1989. Publisher's Certificate and billing should be made to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011