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HomeMy WebLinkAboutCouncil Actions 04-16-90 Fitzpatrick (30009) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL April 16, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· All Present. The invocation will be delivered by The Reverend Ernest Freeman, Associate Pastor, Deliverance Church of Christ· Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Presentation of a proclamation and briefing regarding "Roanoke Celebration of the Outdoors," April 21 - 29, 1990. The Mayor presented a proclamation to Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance. 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. Request of the City Manager for an Executive Session to discuss disposition of publicly held property, specifically con- veyance of a parcel of land and acquisition of an interest in real property for economic development purposes, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. Request of the City Manager for an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an economic development contract, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Request to address Council in connection with expenditure of funds relative to the Capital Improvement Program for fiscal years 1990-1994. Mr. Shaheed Omar, Spokesman. Annual Report of Total Action Against Poverty in the Roanoke Valley. Mr. Theodore J. Edlich, III, Executive Director. No Action. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to presentation of the recommended 1990-91 Fiscal Year Budget for the City of Roanoke. Council approved certain Budget Study dates as recom- mended by the City Manager. 2. A report with regard to recognition of National Library Week. No Action. Items Recommended for Action: A report recommending appropriation of additional Foster Care funds for maintenance of and services for children in custody of the Department of Social Services. Adopted Ordinance No. 30009-41690. (7-0) A report recommending execution of Change Order No. 1, in the amount of $22,749.00, to the contract with Breakell, Inc., for construction of the chlorination/dechlorination facility at the Hater Pollution Control Plant. Adopted Ordinance No. 30010-41690. (7-0) 5. A report with regard to additional appropriations to the budget of the Law Library. Adopted Ordinance No. 30011-41690. (7-0) 6. Reports of Committees: None. 10. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30001, on second reading, rezoning a tract of land lying at the southerly terminus of Bean Street, N. ~., approximately 325 feet south of Hershberger Road, iden- tified as Official Tax No. 2280601, from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 30001-41690. (7-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council· Other Hearings of Citizens: Certification of Executive Session. (7-0) 3) Office of the Mayor CITY OF ROANOKE (lamalion the City of Roanoke is blessed with an abundance of out- door and environn~ntal resources deserving of recogni- tion, respect, and protection; and WdEREAS, the City's parks and Mill Motmtain Zoo promote preser- vation of these natural resources, and have contributed to the quality of life in our City by offering opportun- ties for the beneficial use of leisure tir~; and trees within our City serve to reduce air pollution and inhibit noise, and are a colorful and aesthetically pleasing aspect of our surroundings; and within our City exists the beautiful Mill Mountain, as w~ll as direct access to the scenic Blue Ridge Parkway, both of which are natural assets to residents and visi- tors alike; and our riwr and streoms provide wholesome recreational opportunities for our citizens, beauty, a place of soli- tude for poop/e of all ages, and a habitat for birds, fish, and other wildlife; and these natural resources all serve to enhance environmen- tal quality and reflect a positiw image for the City of Roanoke; and April 21 has been selected as Clean Valley Day, April 22 is the T~ntieth Anniwrsary of Earth Oay, and ail across the nation, envirantr~ntal activities are being planned throughout the week. THI~EFiI~E, 1, Noel C. Taylor, Mayor of the City of Roanoke, Virginia, do hereby proclaim April 21 - 29, 1990, as AIT~ST: City,Clerk I~OANOKE O~.~,ATION OF IIIB ~ in the City of Roanoke, and encourage individuals, fami- lies, organizations, and businesses to host, support, and participate in activities which celebrate the impor- tance and value of our outdoor environn~nt. Given under our hands and the Seal of the City of Roanoke this tenth day of April in the year of our Lord, nineteen hundred and ninety. Mayor Roanoke, Virginia April 16, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: National and Local Celebrations of the Outdoors I. Background: Communities and organizations throughout America are planning activities April 22 - 29, 1990, to focus attention on the importance of the outdoors. (See attached brochure.) National week-long celebration is dedicated to promoting the use and enjoyment of the outdoors and to raising community awareness of the need to protect and preserve our limited natural resources. C. Clean Valley Council has established Saturday, April 21, 1990, as Clean Valley Day. Earth Day, Sunday, April 22, 1990, will be the 20th anniversary of the beginning of a world-wide movement to identify and address major environmental issues. Roanoke Visioq, the Comprehensive Plan, and Roanoke's Parks: Today and Tomorrow, the Parks and Recreation Plan, both recognize the natural environment as one of Roanoke's most important assets. City Council has identified the preservation and enhancement of Roanoke's high quality environment as one of the City's six strategic issues. II. Current Situation: Mayor Taylor will proclaim Saturday, April 21st through Sunday, April 29th as the "Roanoke Celebration of the Outdoors." Page 2 B. Activities are being planned by area businesses, governmental agencies and outdoor organizations. W. Robert Herbert City Manager C: City Attorney Director of Administration and Public Safety Manager, Parks, Recreation and Grounds Maintenance Chief, Community Development Attachment: Brochure Mayor's Proclamation April 16, 1990 The Honorable Mayor and Members of City Council Re: Request for Executive Session Dear Council Members: This is to request that City Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an economic development contract pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:mf April 16, 1990 The Honorable Mayor and Members of City Council Dear Council Members: Re: Request for Executive Session This is to request that City Council convene in Executive Ses- sion to discuss disposition of publicly held property, specifically conveyance of a parcel of land and acquisition of an interest in real property for economic development purposes, pursuant to Section 2.1-344(A)(3), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:mf SHAIIF ED OMAR 1219Loudon Avenue, N.W. Roanoke, Vis,ia 24017 (703) 982~900 3456514 9850170 4-9-90 Roanoke City Council 215 Church Ave. S.W. Room 456 Roanoke,Va 24011 Dear Council Members Please be informed that I am requesting time to speak before the 6ouncil concerning the Bond Issue. I do have some comments about the way monies are not being spent. I would also appreciate a copy of the Bond before the next Council meeting. I look forward to our meeting again. Personal Development Mental Development Spiritual Development TAD Total Action Against PoYert~ i~ Roanoke Valley P.O. Box 2868, Roanoke, Virginia 24001-2868 April 9, 1990 Mary Parker, Clerk City of Roanoke 215 Church Avenue, Roanoke, VA SW Dear Ms. Parker: Please accept this letter as a formal request from Total Action Against Poverty for a representative to appear on the Agenda for City Council next Monday, April 16, 1990 at 2 PM. It is estimated that the time required will be moderate. Thanking you in advance for your time and considerstion of our request, I remain Sincerely yours, Theodore J. Edlich, III Executive Director TAP IN ACTION - MAY 1, 1988 through JUNE 1, 1989 Education 957 pre-schoolers attended 9 Head Start Centers and Home Start programs in 5 counties. * 200 high school students raised their career expectations by considering college, or other training after graduation, thanks to Project Discovery. * 60 youths at risk of dropping out remained in school and improved their academic skills through Project Success and Project PRIDE. * 49 young adults increased their educational ability and learned employment skills in Project Success. 126 adults improved their skill levels in math, reading, science, social studies and writing in the Adult Basic Education and Pre-GED Programs. 18 students passed the GED test and received their high school equivalency diploma. Employment 30 adults learned marketable skills in the Clerical Skills program. the conclusion of their training, 17 were placed in training-related unsubsidized employment. At 21 On-the-Job Training (OJT) workers gained valuable job skills while their employers were subsidized for providing the opportunity. 582 low-income youths aged 14 to 21 held jobs with non-profit employers or received remedial reading and math instruction in TAP's Summer Youth Employment Program. * 120 youths were helped to enter the world of work through TAP's year-round employment programs. * 65 high-risk clients received job readiness counseling through Job Club. Emergency Needs * 3,095 persons were assisted with food, clothing, furniture, medicines, fuel and utility bills. 1,i02 families were advised on housing concerns such as mortgage default, landlord/tenant problems, budgeting, and finding temporary or permanent affordable housing by TAP staff. * 72 homeless persons received emergency housing at TAP's Transitional Living Center. 2,185,791 lbs. of food were distributed to the needy though the 180 member agencies of TAP's Southwest Virginia Community Foodbank, a member of the National Second Harvest network of foodbanks. This year, the foodbank opened a satellite branch in Abingdon, Virginia to more effectively serve far Southwest. Special Services 142 homeless persons received transitional housing and comprehensive services at the Transitional Living Center. 200 women in crisis were counseled and supported in their need to deal with abusive situations. 298 youths were educated and counseled about alcohol and substance abuse. 54 adult offenders received alcohol abuse prevention, intervention and education. * 130 inmates planned a successful transition into their home communities through the TAP Virginia CARES program. * 81 ex-offenders received career development services. * 96 family members of prisoners were given counseling and transportation to visit their loved ones. Community Development Community Outreach staff helped to organize 3 new community groups and continued providing technical assistance to 18 other groups working for improvement in their neighborhoods. 32 participants in the Roanoke Neighborhood Leadership Institute received training in interpersonal skills, group dynamics and leadership styles as well as specific information on local government processes. This training enables Institute graduates to work with government to address problems in their communities. 370 houses were completely weatherized, saving families more than 30% in heating costs. * 19 homes were made safer by major repaires in the Critical Home Repair program. 41 homes received badly needed minor emergency repairs through the Emergency Critical Home Repair Program. CURRENT TAP PROGRAM.", Head Start Project Success Project PRIDE Summer Youth Employment Programs (2) IMAGE On-the-Job-Training Clerical Skills Program Adult Basic Education/GED Preparation Literacy Programs Literacy for the Homeless Emergency Assistance Community Outreach/Organization Housing Counseling Weatherization Critical Home Repair and Rehabilitation Alcohol Counseling Substance Abuse Education/Intervention Women's Resource Center Transitional Living Center Offender Services Southwest Virginia Community Foodbank Project Discovery Henry Street Music Center Project Comprehensive Health Investment Project Northwest Supermarket Project Neighborhood Leadership Institute Emergency Home Repair Program Roanoke City Emergency Rental Repair Rural Housing Preservation Program Alleghany Highlands Housing Initiative TAP Emergency Housing Repair Program TAP FACTS Numbers of 12,000 4,000 25,000 6,000 10,0C0 50,000 3,000 25,000 150,000 5,000 People Served: preschoolers given the Head Start experience homes weatherized youth and adults provided with basic education and employment training families kept from losing their homes thru housing counseling teens provided sumaner jobs and remedial education families provided emergency aid and/or crises intervention abused women sheltered and/or counseled prisoners and ex-offenders served by VA CARES Virginians (80,000 low income) provided potable water and sanitary wastewater facilities thru Virginia Water Project minority and low income, students served by Project Discovery, Inc. List of Things Volunteers Can Do Receptionist - phone, greet public clerical - typing, filing tutors and instructional aides runners/messengers resource persons for all components - to provide interest programming (arts, crafts, personal grooming, hobbies, etc.) to participants at Transitional Living Center, classroom, parent groups, Roanoke Neighborhood Leadership Institute, etc. Advisory Counsel Members - Religious Business Advisors for Employment Training Services and Youth Services Food Bank Transitional Living Center Women's Resource Center Henry Street N.W. Supermarket CHIP Child Care providers for scheduled activities Other things to bring up: 25th Anniversary Status of Space needs (i.e., intermediate space) List of metaphors Ladder of opportunity bridge connecting life ring saving people beacon of hope hand up, not hand out cheerleader TAP'$ !m~act on the Roanoke Valley Poor residents of the area: 44,967 Numbers served by TAP: PY 1988: 7,037 families (21,000 Since 1965: over 500,000 people Federal/State dollars added to the PY 1988: Since 1965: Agencies begun at Local: Statewide: individual members) local economy: $4.75 million $100+ million TAP: League of Older Americans Legal Aid of Roanoke Valley Community Coordinated Child Care (4-C; now under Roanoke Valley Council of Community Services) RADAR Southwest Virginia Community D~velopment Fund Virginia Water Project Virginia CARES Project Discovery, Inc. Economic Impact/PY 1988: Personal income created by TAP programs: Local Economic Activity: Local tax revenue generated: Savings in public expenditures: Savings to local governments: Jobs generated for clients: $5.1 million $10.3 million $1.3 million $6.7 million $1.3 million 289 Roanoke, Virginia April 16, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Please reserve space on Monday's agenda for a presentation on the Recommended 1990-91 General Fund Budget for the City of Roanoke. Respectfully submitted, W. Robert Herbert City Manager WRH:mp BUDGET STUDY SC~anDl~ FrSCAL YP~R 1990-91 Day/Date/Time Friday, April 13 Monday, April 16 10:00 a.m. Monday, April 11:00 a.m. Monday, April 16 2:00 p.m. Monday, April 16 Monday, April 23 1:00-2:00 p.m. Monday, April 23 7:30 p.m. Wednesday, May 2 9:00 a.m. - 12 Noon Thursday, May 3 9:00 a.m. - 12 Noon Thursday, May 3 1:00 p.m. - 3:00 p.m. Friday, May 4 9:00 a.m. - 12 Noon Monday, May 7 2:00 p.m. or Monday, May 7 2:00 p.m. Activity Distribution of Manager's Budget Proposal to City Council City Manager's Press Conference to release Proposed Budget City Manager briefs Department Managers on Proposed Budget Public Presentation of Proposed Budget to City Council Advertisements of Public Hearings on Proposed Budget and Tax Rates appears in Newspapers Council - Manager - Director of Finance meet to prepare for Public Hearing on Proposed Budget and Tax Rates Public Bearing on Proposed Budget and Tax Rates -- Civic Center Exhibit Hall Council/Administration Budget Study Session Council/School Board Budget Study Session Council/Administration Budget Study Session Final Council/Administration Budget Study Session. Afternoon session can be scheduled if needed. Council Adopts FY 90-91 Budget and Related Ordinances/Resolutions Council authorizes a Special Meeting of Council for Thursday, May 10, to adopt FY 90-91 Budget and Related Ordinances and/or Resolutions No,e: All Budget Study Sessions will be held in the Social Services Conference Room, #306, Third Floor - Municipal North SLIDE #1 This chart continues to be the story of our annual operating budget.. I have stood before you for many years and told you about the funding cutbacks in Federal and State programs -- but I cannot articulate as well as this graph shows -- in just two fiscal years State and Federal revenues have dropped from 51.2% of our revenue base to 47% -- $6M I would say -- or better R.E. tax rate. a mere 4% some would say -- but yet -- equal to 23 cents of the At the beginning of this session of the General Assembly, a well-known member of that body stated, "It is a time of great challenge and opportunity for local and state governments, the challenges exist in meeting the needs of our citizens. opportunities also lie ahead for local governments and General Assembly to work together in the new decade to these needs." and Yet the meet 1 LLJc0 0 0 0 0 0 0 0 0 0 ~0 ~0 ~. C~ To me working together means sharing the program funding burdens, but what this honorable member of the General Assembly did not say was -- we are going to balance the State Budget on local government's backs. We go to Richmond now -- not to seek additional funding or new programs -- but just to fight to hold on to what we are due -- and this year we lost again. They not only reduced funding and limited growth in the upcoming budget, but they literally reduced existing opportunities. (Refer to March 16, 1990 letter.) And on top of that, every time you turn around, the General Assembly mandates a new program -- or standards -- or regulations -- and forgets to send money. They not only do not send money, but they restrict sources of local revenues and mandate caps. Local government needs the flexibility to determine the best ways to generate the appropriate level of revenue for the requirements and needs of their community. COMMONWEALTH of VIRi INIA . e~ EAST ~IqOAD STREET ~I~MON(~ WI~INIA Maroh 18, 1990 MEM_._.__O, .RANDUM F~om~ City/County/Town Managers of Jurisdictions Receiving ~tate Aid To Lonalitles With Pollen Departments Pursuant To Article I0, Chapter 1 of Title 14.1 of the Code of Virginia ("599" Funds) Martin B. Malt, Deputy Director Re: Reduction In Payments For ~'~e Fourth ~uarter of l*iseal Year 1990 The Governor and the General Asasmbly have instituted · fllrther reduction of $999,378 in the appropriation for this flnanolal assistance prosram for this fiscal year, beyond the reduction which was the subject of my January 16, 1990 memo. As was the ease with the previous reduction, this one was made nenassary by reduced revenue estimates for tho eurront flseal year.. Information on this additional reduction came to us too late to adjust the recipient jurisdictions* allonetfons for* both the 3rd and 4th quarters of this fisoel year. Therefore, we will adjust 4th quarter payments to all "$99*reeipients so that the total paid out for this flsoal yea* will conform to tim revised appropriation. On the back of this pa~e is the following information for your Jurisdiction= the revised total allocation for the current flsoel year; and tam amount of the 4th quarter payment. We re.*et any problems this further elmfl~e may emma. If you have questions about this information, please contact me or Joe Marshall of this office. 331 MBM If they mandate much more -- set more regulations -- cap all local revenues -- there will eventually be no need for a policy-making Board in local government. I wonder if the General Assembly realizes what they are doing to local governments. It is hard to imagine how the discussion of excellence in education combines with no additional state money and state restrictions on local revenue sources. -- and maybe I Assembly in his we have a serious Well, Members of It sounds as though I have been beating-up on State Government have -- but the Governor said to the General January State of the Commonwealth address, "If problem, then it deserves a serious remedy." the City Council, I do not believe that a serious remedy is tossing the problem to the seven of you. 3 And before I proceed let me say just one thing about the Federal Government -- their mandates continue, and the 1000 points of light most commonly referred to appears to be using burnt-out bulbs and no money for electricity. SLIDE #2 Now a short look at our General Fund revenues. Of all the new revenue available for expenditure in the 1991 budget -- 46.4% is already obligated. fiscal SLIDE #3 (Read off of chart.) SLIDE Local Revenues The Real Estate Tax, although growing, money next year than in previous assessments has slowed down -- plus is providing us less new years. The growth of the estimate for new providing us with only construction is 67% less than last year, $62,500 in new taxes. Approximately $907,000 of new revenue in real estate taxes is coming from taxable commercial property. 4 LU Ell iii 0 0 0 0 0 0 0 0 0 0 0 0 I0 0 lO tO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~0 0 ~0 0 ~0 Personal cost of automobiles going up each day, but it is property continues to be a strong performer with the note that 10.2% of our new revenue and 56.5% personal property now comes from commercial burden off of the residents of this City. interesting to of our total -- thus taking the The Utility Tax -- looks like a large increase -- but it is due to the 2% increase already obligated for the Roanoke River Flood Reduction Project. Business License Taxes -- account for $630,000 of new -- and Prepared Food and Beverage Taxes accounts for -- both continue to perform well. revenue $539,000 Sales Tax is our most disappointing local tax -- and continues to underperfor~ -- with current collections showing only 1/10 of 1% growth over last year -- far less than inflation. Other taxes remain either flat or with very little growth. 5 As always I would be most pleased to answer any of your revenue related questions during our budget study sessions. 6 April 16, 1990 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Members of Council: I respectfully request that space be reserved on Council's agenda Monday, April 16, 1990, for a briefing on the Library in recognition of National Library Week. Respectfull~y submitted, W. Robert Herbert City Manager WRH/js LOOKING FOR CLUES TO THE FAMILY TREE? THE ROANOKE PRESENTS A FREE CITY PUBLIC LIBRARY FIVE-SESSION COURSE BAS IC GENEALOGY IN CLASSES WILL BE HELD IN THE VIRGINIA ROOM, MAIN LIBRARY, 706 S. JEFFERSON STREET, EACH SUNDAY AFTERNOON, APRIL 22 - MAY 20, FROM 1:30 TO 4:00 P.M. THE COURSE WILL BE TAUGHT BY MRS. JIMMIE STEELE, AND IS DESIGNED TO HELP THE BEGINNER IN GENEALOGICAL RESEARCH. FOR MORE INFORMATION, CALL THE VIRGINIA ROOM, 981-2073. Office of the City Clerk April 18, 1990 File #60-72 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30009-41690 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation of additional Foster Care funds for maintenance of and service for children in custody of the Department of Social Services. Ordinance No. 30009-41690 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 1990. Sincerely, ~4ary F. Parker, City Clerk C MC / AA E MFP: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 MunicipaIBuilding 215 Church Avenue, S.w. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF T~E CITY OF ROANOKe, VIRGINIA The 16th day of April, 1990, No, 30009~41690, 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 Health and Welfare Social Services-Services (1-4) .................... Nondepartmental Contingency-General Fund (5) ...................... $12,389,411 5,194,853 15,174,482 71,857 Revenues Grants-in-Aid Commonwealth Welfare (6-9) ..................................... 1) ADC-Foster Care (100%) 2) Foster Care 3) Purchased Services 4) Subsidized Adoption IV-E 5) Contingency 6) ADC-Foster Care 7) Foster Care 8) Purchased Services 9) Subsidized/Special Needs Adoption (001-054-5314-3115) $ 120,000 (001-054-5314-3140) 198,000 (001-054-5314-3160) 134,680 (001-054-5314-3155) (001-002-9410-2199) (001-020-1234-0672) (001-020-1234-0675) (001-020-1234-0683) (001-020-1234-0673) 18,750 (125,936) 120,000 99,000 107,744 18,750 $52,126,619 7,416,512 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. ~ 17' April 16, 1990 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: REQUEST FOR ADDITIONAL FOSTER CARE FUNDS I. BACKGROUND The Department of Social Services is required by Virginia statutes to accept custody of and make arrangements for a treatment plan for children found to be dependent or neglected and in need of services. Bo Behavior problems prevent children from remaining with their own family or foster family. Consequently, children must be placed in therapeutic facilities. Specialized care of children committed by the Courts tn the Department of Social Services is increasing because: Trend by courts is to order treatment for children in the community and order services to their families. 2o In the past, these children may have been committed to State care for detention in State Training facilities. Do Department of Social Services has experienced a 32 percent increase in intake of Foster Care cases in the last two years. 1. The Department received 145 in 1987. 2. The Department received 191 in 1989. Number of specialized care cases has increased dramatically in the last year: Year Number of Children 1987 53 - 21% of all cases. 1988 67 - 24% of all cases. 1989 94 - 31% of all cases. Page Two Children in need of specialized care are children who have physical, mental, or emotional handicaps. 1. Specialized care cases require additional services: a) Professional counseling. b) Day Care services. c) Respite care. d) Special skills of trained foster parents. 2. Special children require constant care in order to protect them and others from harm because of behavioral problems, such as: a) Fire setting. b) Destruction of furniture. c) Running away. d) Fighting with others. e) Drug abuse. II. CURRENT SITUATION mo Bo Department of Social Services underestimated the ~rowth in the number of children who would need specialized care when we submitted our budget request for Fiscal Year 1989-90. Growth has been a 31 percent increase over the previous budget year, with a growth in the number of cases increasing from 67 to 94. The projected deficit is $471~430 in Foster Care funds for the remainder of Fiscal Year 1989-90. 1. The State Department of Social Services will reimburse $345~494 of this amount. 2. $125,936 of local funds is needed to match State funds. Page Three III. ISSUES A. Budget. B. Legal. IV. ALTERNATIVES Three different reimbursement rates for these funds. a) ADC-Foster Care - 100% Federal/State funds b) (children eligible for Aid to Dependent Children Grant). 1. State will reimburse $138,750. 2. Cost to City - $0. Foster Care State/Local - 50% State - 50% c) local (children not eligible for Aid to Dependent Children Grant). 1. State will reimburse $99,000. 2. Cost to the City will be $99,000. Block Grant Services - 80% Federal and State - 20% local. 1. State will reimburse $107,744. 2. Cost to the City will be $26,936. State funds for the above referenced programs totals $345~494. The City's share will be $125~936. Combined fundin~ from these two sources equals $471,430. City Council approve this request and appropriate funds necessary for maintenance of and services for children in custody of the Department of Social Services. 1. Budget - Increase $471~430 in additional funds to continue Foster Care Program. a) State will reimburse $345,494. b) Cost to the City will be $125,936. Page Four Legal - Foster Care services that are mandated by State statutes can be provided. B. Do not approve necessary funds for Foster Care Program. 1. Budget - Not an issue. Legal - Mandated Foster Care services cannot be provided. V. RECOMMENDATION mo City Council concur in the implementation of Alternative A and authorize the following: Increase revenue and expenditure estimates in the amount of $345~494 of funds received from the State Department of Social Services and corresponding increases in Social Services Expenditure Accounts as follows: Revenue Account ADC-Foster Care Foster Care S/L Purchased Services Adoption Subsidy $120,000 $ 99,000 $107,744 $ 18,750 001-020-1234-0672 001-020-1234-0675 001-020-1234-0683 001-020-1234-0673 Expenditure Account ADC-Foster Care Foster Care S/L Purchases Services Adoption Subsidy $120,000 $ 99,000 $107,744 $ 18,750 001-054-5314-3115 001-054-5314-3140 001-054-5314-3160 001-054-5314-3155 Transfer $125,936 from the General Fund Contingency Account #001-002-9410-2199 to Department of Social Services as follows: Foster Care S/L $ 99,000 Purchases Services $ 26,936 001-054-5314-3140 001-054-5314-3160 Respectfully submitted, W. Robert Herbert City Manager CC: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services Office of the City Clerk April 18, 1990 File #27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30010-41690 approving the issuance of Change Order No. 1 to the City's contract with Breakell, Inc., for upgrading of the chlorination/dechlorination facility at the Roanoke Water Pollution Control Plant, in the amount of $22,749.00. Ordinance No. 30010-41690 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno. pc: Mr. Stanley G. Breakell, President, Breakell, Inc., P. 6414, Roanoke, Virginia 24017-0414 Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Steven L. Walker, Manager, Sewage Treatment Plant ~r. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician O. Box Room45& MunicipalBuilding 215Church Avenue. S.W. Roanoke, Viwginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of April, 1990. No. 30010-41690. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with Breakell, Inc., for upgrading of the chlorination/dechlorination facility at the Roanoke Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Breakell, Inc., dated September 11, 1989, authorized by Ordinance No. 29767-91189, to provide for such company's upgrading of the chlorination/dechlorination facility at the Roanoke Water Pollution Control Plant. 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACr A~Di~IT Changes/Additions to contract as set forth in the City Manager's Report dated April 16, 1990. $399,890. O0 22,749.00 Additional time resulting frcm Change Order No. 1 $422,639. O0 83 consecutive calendar days. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be passaEe. in full force and effect upon its ATTEST: City Clerk. Roanoke, Virginia April 16, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 1 Chlorination/Dechlorination Facility Water Pollution Control Plant Roanoke, Virginia Backsround: A. City Council, at its September 11, 1989 meeting, accepted the low bid of Breakell, Inc. in the amount of $399,890.00 and 180 consecutive calendar days for this project. The followin~ chan~es/additions to the contract have been requested by the consultant, Manager of the Water Pollution Control Plant and/or the State Water Control Board. 1. CHANGE - Supply and install added structural lintels above doors at monorail; provide motorized hoists in lieu of manual (2 hoists) and pro- vide one (1) 30 amp, 3 pole breaker and two (2) 30 amp, three phase disconnects with fuses. An additional time extension of 14 calendar days is requested. REASON - The State Water Control Board (SWCB) requested that the lintels supporting the monorail be increased in size to insure safety in transporting of the chlorine cylinders. The plant management wanted to change the manual hoist to motorized because of the number of cylinders that have to be handled. AMOUNT OF CHANGE - $7,535.00 2. CHANGE - Supply and install precast stiffners at ends of precast floor members to better anchor floor & roof slabs to walls. One (1) addi- tional calendar day is requested. REASON - SWCB requested that this work be done to tie floor and roof slabs into the masonry walls more securely, they wanted a monolithic tie rather than gravity bearing. This again is a safety measure due to the type of building function. AMOUNT OF CHANGE - $1~311.00 Page 2 CHANGE - REASON - AMOUNT OF Relocate underground electric conduit disco- vered during site excavation. Self-explanatory. CHANGE - $843.00 CHANGE - REASON - AMOUNT OF Change floor tile to thick-set cement grout installation. Thick-set tile is more resistant to the traf- fic generated in moving gas cylinders. The floor pattern was also changed to conform to similar floors in other parts of the plant. CHANGE - $498.00 CHANGE - REASON - AMOUNT OF Add three (3) emergency eye wash basins and shower. An additional ten (10) days extension requested. This was requested by the plant management as a safety measure for the plant operating per- sonnel. CHANGE - $3,659.00 CHANGE - REASON - AMOUNT OF Paint ceiling slabs with three coats epoxy paint. Additional one (1) day requested. Requested by plant management for sanitary and ease of cleaning measures. CHANGE - $842.00 CHANGE - REASON - Automatic controls on chlorinator-vaporizer. Controls requested by State. An additional time of 56 consecutive calendar days is requested. Requested by State Water Control Board after the contract had been let. AMOUNT OF CHANGE - $7~503.00 Page 3 8. CHANGE - REASON - Add outside sidewalks on each side of loading platform and one flight of steps. One (1) additional construction day requested. Additional sidewalk and steps were requested by plant management for ease of access to the building by service personnel regardless of which direction they come to the plant. (The original bid provided steps and walk on one side of the building only.) AMOUNT OF CHANGE - $558.00 Total addition days. II. Issues: of $22~749.00 and 83consecutive calendar A. Extent of work involved and related costs. B. Funding of additional costs. C. Time III. Alternatives: Approve Change Order No. 1 to the contract with Breakell, Inc. in the amount of $22~749.00 and 83 consecutive calendar days construction time. 1. Extent of additional work is as described above. 2. Funding of the addition is within the project con- tingency account. Time of completion is extended by 83 consecutive calen- dar days. Most of this time is what is required for delivery of the automatic feed equipment which is man- dated by the State (which also set the original construction time). B. Do not approve Change Order No. 1. Extent of the work would remain the same. However, we would not be doing work that we were told to do by the State Water Control Board, which was the reason for the project in the first place. 2. Funding would not be encumbered at this time and would remain in the project contingency account. 3. Time of completion would not be changed. Page 4 IV. Recommendation is that City Council approve Alternative "A" and authorize the City Manager to execute Change Order No. 1 with Breakell, Inc. in the amount of $22,749.00 and eishty-three (83) consecutive calendar days. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Engineer Manager, Water Pollution Control Plant Construction Cost Technician Office of the City Clerk April 18, 1990 File #60-290 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30011-41690 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the transfer of $28,224.00 in reve- nue excess from the Capital Maintenance and Equipment Replacement Program and increasing the adopted revenue estimate and appropriation to the Law Library's operating budget by $16,600.00. Ordinance No. 30011-41690 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Mr. Ms. Ms. W. Robert Herbert, City Manager James D. Ritchie, Director of Human Resources Beverly A. Bury, City Librarian Clayne C. Calhoun, Law Librarian Room 456 MunicipalSuilding 215 Church Avenue,$.w. Roanoke, Virginia 24011 (703)981-2541 IN '£~u~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 1990. No. 30011-41690. AN ORDINANCE to amend and reordain certain sections the 1989-90 General Fund Appropriations, and providing for emergency. WHEREAS, for Government of the exist. THEREFORE, of the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of 1989-90 General Fund hereby, amended and Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: Appropriations Judicial Administration Law Library (1-5) ................................. $3,132,834 159,570 Fund Balance Capital Maintenance and Equipment Replacement Program - City - Unappropriated (6) .............. $ 694,940 Revenues Charges for Current Services Court Costs (7) ................................... 1) Publications and Subscriptions 2) Telephone 3) Expendable Equip. 4) Admin. Supplies 5) Furniture & Equip. 6) CMERP - City Unappropriated 7) Law Library Fees (001-054-2150-2040) $ 38,724 (001-054-2150-2020) 100 (001-054-2150-2035) 1,500 (001-054-2150-2030) 1,000 (001-054-2150-9005) 3,500 (001-3323) (001-020-1234-0819) (28,224) 16,600 $5,452,225 536,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. April 16, 1990 Honorable Mayor Noel C. Members of City Council Roanoke, Virginia Taylor and Members of Council: SUBJECT: LAW LIBRARY FY 1990 BUDGET I. Background The Law Library budget of $112,000 was adopted by Council in May, 1989. City Code Sec.18-30(c) states "The assessments collected by the clerks of the courts under this sec- tion shall be remitted to the City Treasurer, who shall hold such assessments in a separate fund subject to disbursement for the maintenance of the Law Library." Twenty-eight thousand two hundred twenty- four dollars ($28,224) more was collected in FY 1989 than was appropriated. Revenue excess from the previous fiscal year is transferred to operating accounts during the following fiscal year. Estimated revenues are based on the four-dollar ($4.00) filing fee collected for each case filed in the Circuit and General District Courts times the number of court cases from previous years. II. Current Situation Revenue excess of $28,224 from FY 89 should be appropriated from the Capital Maintenance and Equip- ment Replacement Program (CMERP) to the Law Library's FY 90 operating budget. B. The FY 1990 adopted revenue estimates and appro- priations to the Law Library's operating budget should be increased by $16,600 based on the FY 89 fee income. 1 III. IV. Issues A. Service to the public. B. Compliance with regulations. Alternatives A. City Council authorize the transfer of $28,224 in revenue excess from the CMERP and increase the adopted revenue estimate and appropriation to the Law Library's operating budget by $16,600. 1. Service to the public Additional materials and equipment would be purchased to keep the Law Library collection and services current in order to meet the informational needs of the public. 2. Compliance with Regulations The funds received from the four-dollar ($4.00) fee collected for each case filed in the Circuit and General District Courts will be used to sup- port the operation of the Law Library as required by the Virginia and Roanoke City Codes. Do not authorize the transfer of revenue excess and increase of the Law Library's revenue estimate and appropriations 1. Service to the Public The public's informational needs will not be met. 2. Compliance with Regulations The City will be in violation of the Virginia and City Codes. Recommendation Council approve Alternative "A" and 1) appropriate $28,224 from the CMERP to the following account: Publications 001-054-2150-2040 $28,224 2 2) increase FY 1990 revenue estimate for Law Library Fees; account 001-020-1234-0819, in the General Fund by $16,600 and 3) appropriate $16,600 from the General Fund Account to the following accounts: Publications Telephone Expendable Equip. Admin. Supplies Furniture/Equip. 001-054-2150-2040 001-054-2150-2020 001-054-2150-2035 001-054-2150-2030 001-054-2150-9015 $10,500 100 1,500 1,000 3,500 Respectfully submitted, City Manager WRH/JDR/BAB/jms CC: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Beverly A. Bury, City Librarian Office of the City Clerk April 18, 1990 File #51 Mr. Cart L. Kinder, Jr. Attorney P. O. Box 2795 Roanoke, Virginia 24001 Dear Mr. Kinder: I am enclosing copy of Ordinance No. 30001-41690 rezoning a tract of land lying at the southerly terminus of Bean Street, N. W., approximately 325 feet south of ftershberger Road, identified as Official Tax No. 2280601, from C-1, Office District, to C-2, General Commercial District, subject to certain conditions pro- ferred by the petitioner. Ordinance No. 30001-41690 was adopted by the Council of the City of Roanoke on first reading on Monday, April 9, 1990, also adopted by the Council on second reading on Monday, April 16, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Trans-World Enterprises, c/o Mr. Fletcher G. Keith, 5344 Central Avenue, Charlotte, North Carolina 28212 Mr. & Mrs. Warren E. Parrish, 4831 Eden Drive, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Joseph R. Gilmore, 4827' Eden Drive, N. W., Roanoke, Virginia 24012 Mr. & Mrs. William R. France, 4821 Eden Drive, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Edward G. Brown, 4817 Eden Drive, N. W., Roanoke, Virginia 24012 Room456 MunicipaIBuilding 215 Church Avenue, S, W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Cart L. Kinder April 18, 1990 Page 2 pC: Mr. & Mrs. Jasper W. McDaniel, 4811 Eden Drive, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Raymond G. Keaton, 4807 Eden Drive, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Hubert W. Whitlock, 4803 Eden Drive, N. W., Roanoke, Virginia 24012 Ms. Sharon E. Houchins, 4727 Eden Drive, N. W., Roanoke, Virginia 24012 Ms. Edythe M. Griffin, 4728 Daleville Street, N. W. Roanoke, Virginia 24012 Mr. & Mrs. Samuel O. Decker, 4727 Daleville Street, N. W. Roanoke, Virginia 24012 Mr. & Mrs. Thurston S. Moomaw, 4728 Pawling Street, N. W. Roanoke, Virginia 24012 Mr. & Mrs. Thomas L. Myers, 4733 Pawling Street, N. W. Roanoke, Virginia 24012 Ms. Nancy E. Kessler, 4718 Delray Street, N. W., Roanoke Virginia 24012 Mr. & Mrs. Charles H. Kohler, 4802 Delray Street, N. W. Roanoke, Virginia 24012 Mr. & Mrs. Lynwood M. Dent, 4808 Delray Street, N. W. Roanoke, Virginia 24012 Mr & Mrs. Issac E. Baumgardner, 4812 Delray Street, N. W. Roanoke, Virginia 24012 Mr & Mrs. William R. Coupe, 4816 Delray Street, N. W. Roanoke, Virginia 24012 Mr. R. Keven Dance and Ms. Kara L. Harper, 4820 Delray Street, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Clarence E. Mitchell, 4824 Delray Street, N. W., Roanoke, Virginia 24012 Trustees, Airlee Court Baptist Church, 1312 Hershberger Road, N. W., Roanoke, Virginia 24012 Shoney's, c/o Rash #815-46-1116, P. O. Box 1600, Rowlett, Texas 75088 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 ~Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Coramission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine. City Engineer Mr. Ronald H. Miller, Building Com~lissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Comraission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 1990, No, 300011-41690, AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 228, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. · HEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-1, Office District, to C-2, General Commercial District, subject to cer- tain conditions proffered by the applicant; and ~HEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and ~HEREAS, a public hearing was held by City Council on said appli- cation at its meeting on April 9, 1990, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be rezoning; and ~HEREAS, this Council, after tion, the recommendation made Commission, the City's Comprehensive Plan, heard, both for and against the proposed considering the aforesaid applica- to the Council 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 228 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land lying at the southerly ter- minus of Bean Street (no address assigned) approximately 325 feet south of Hershberger Road, N. W., designated on Sheet No. 228 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2280601 be, and is hereby rezoned from C-1, Office District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Third Amended Petition to Rezone filed with the City Clerk on March 28, 1990, and that Sheet No. 228 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke Cily Planning Commission April 9, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Visions Communications, Inc., represented by Carr L. Kinder, Jr., attorney, that a tract of land lying at the southerly terminus of Bean Street approximately 325 feet south of Hershberger Road, official tax no. 2280601, be rezoned from C-l, Office District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: Purpose of the rezoning request is to permit the construction and operation of an FM radio station, family restaurant, family arcade and miniature golf course. Past rezoning request for C-1 was approved in February 1976. The front portion, approximately 3.5 acres, was rezoned to C-2 by ordinance no. 20390 in August 1979. At that time, staff felt that commercial encroachment was an issue and recommended denial of the request. Petition to rezone was submitted on January 19, 1990. Proffered conditions were: That the property will be developed in substantial compliance with the site 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 2401 t (703) 981 2344 City Council Page 2 April 9, 1990 9. 10. plan prepared by Doyle and Associates, dated ., a copy of which is attached to the petition for rezoning as exhibit B, subject to any changes required by the City during site plan review. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-l; Office District without further action by City Council. No alcoholic beverages will be sold, consumed or allowed on the premises. Lighting will be designed and installed in such a manner that the residential properties adjoining subject property will not be affected. Said property will be utilized for the following uses: Family restaurant (no drive through) Family arcade FM radio station Two miniature golf courses In the reference to the area shown on the site plan as "Future Development" site plans for the future development will be submitted to the Planning Commission for approval. The buffer zone required by Roanoke City ordinance will consist of a staggered double row of trees and a fence on the inside (Visions Communications, Inc. side) of the trees. Access to the site shall be by Bean Street only. There will be no exterior music or public address system on the property. There will be no pick-up of garbage (dumpsters) on the property before 8:00 a.m., or 8:00 p.m. City Council Page 3 April 9, 1990 11. Vision Communications, Inc., shall be responsible for ground maintenance and upkeep on subject site. Request to continue the public hearing for 30 days was submitted on January 31, 1990, in order for the petitioner to meet with adjoining residents and the Williamson Road Action Forum (WRAF). Staff attended the WRAF meeting to observe and answer questions regarding the zoning ordinance. Plannin~ staff recommended denial of the requested rezoning. Staff recognized the efforts of the petitioner to minimize the impact of the proposed commercial development on the surrounding neighborhood. It was staff's feeling, however, that the proposed commercial encroachment would have a negative impact on an otherwise stable residential neighborhood. Furthermore, it was staff's opinion that the existing C-l, Office District, zoning provides a better transition between the residential portion of the neighborhood and the more intensive commercial development along Hershberger Road. Plannin~ Commission public hearinq held on March 7, 1990. Mr. Carr Kinder, attorney, appeared before the Commission to present the petition for rezoning. Mr. Kinder summarized the proposed proffers and noted that the site would contain a family restaurant (with no drive through); a family arcade; an FM radio station; and two miniature golf courses. He also noted that the comprehensive site plan would have to be approved by both the Planning Commission and staff. In response to a question from Mr. Bradshaw, Mr. Kinder stated he would have no problem restricting the portion of the site designated for future development to C-1 uses. In response to other questions by Commission members, Mr. Kinder stated that the golf course and the restaurant would close at the same time and that all arcade games would be confined to the interior of the proposed structures. Mr. Marlles presented the staff report recommending denial. Mr. Marlles noted that the orientation of the streets serving the residential portion of the neighborhood increase the visual impact of the proposed commercial development. City Council Page 4 April 9, 1990 Mr. Ted Key, director of the Williamson Road Area Business Association, appeared before the Commission and noted that he had spoken with several members of his organization who were in favor of the proposed rezoning. Mr. Thurston Moomaw (4728 Pawling Street) appeared before the Commission to request that he be furnished with a copy of the approved proposal. In response to a question from Mr. Talevi, Mr. Kinder agreed to revise the wording of proffer no. 11 to include any successor of the owner. In response to several concerns of Mr. Bradshaw, Mr. Kinder stated he had no objection to closing the golf course and restaurant at midnight. He also stated that they were willing to erect a fence around the property to prevent pedestrian traffic. Amended petition to rezone was filed on March 15, 1990. Amended proffers are as follows: That the property will be developed in substantial compliance with the site plan prepared by Doyle and Associates, dated 1/3/90, a copy of which is attached to the petition for rezoning as exhibit B, subject to any changes required by the City during site plan review. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-l; Office District without further action by City Council. No alcoholic beverages will be sold, consumed or allowed on the property. Lighting will be designed and installed in such a manner that the residential properties adjoining the property will not be affected. Said property will be utilized for the following uses: Restaurant (no drive through) Arcade FM radio station Two miniature golf courses City Council Page 5 April 9, 1990 Ail games (video or otherwise) will be located within the proposed building on said property. Such games will not be located in or on the miniature golf courses. In the reference to the area shown on the site plan as "Future Development", any future development will be a C-l; Office District use unless otherwise approved by the Planning Commission. Vehicular and pedestrian access to the site shall be by Bean Street only. There will be no exterior music or public address system on the property. 10. There will be no pick-up of garbage (dumpsters) on the property before 8:00 a.m. or after 8:00 p.m. 11. Vision Com~lunications, Inc. or its successor(s) in interest shall be responsible for ground maintenance and upkeep on the site. 12. The buffer zone required by Roanoke City ordinance will consist of a staggered double row of trees and a fence on the inside (Visions Communications, Inc. side) of the trees. 13. There shall be a (6) foot high wooden fence as approved by agents of the Planning Commission along that portion of the site abutting Edinburgh Drive. 14. The restaurant and miniature golf courses shall close by midnight each day of business. II. Issues: ae Zoning is presently C-1. Properties to the north and east are zoned RS-3. The properties to the south are zoned RM-1 and the properties located to the west are zoned C-2. Be Land use is presently undeveloped office use. Single-family residential land uses exist to the north, east and south of the subject tract. To the west are mixed commercial City Council Page 6 April 9, 1990 uses, immediately adjoining the site are two restaurants, one operational and one vacant. Continuing west across Hershberger Road are various retail uses contained in Crossroads Mall. Utilities are available and adequate. Storm drainage has been a problem in the area as a result of water not being directed to an existing storm drain system in Bean Street. Development of the property may help reduce this situation by directing into the existing system. Access would be limited to Bean Street. This was a condition of the subdivision and is shown on the subdivision plat on record in the Clerk of Circuit Court's office. This single point of access is further guaranteed by the fencing, screening, and buffer being provided. Bean Street at Hershberger Road is a signalized intersection and therefore insures safe traffic movement onto Hershberger Road. Neighborhood organization is the Williamson Road Action Forum. A meeting was held on February 8, 1990, and the conceptual plan was presented by Mr. Kinder and Mr. Miller of Vision Communications. Residents expressed concerns about trash blowing across the lot, lighting, storm drainage, and access from residential streets. Mr. Kinder and Mr. Miller responded to these concerns by offering modifications to the plan or through proffers. In addition, Mr. Miller met on the site with Mr. Sam Decker and other adjoining property owners and reviewed the plan further. Mr. Decker has worked closely with the petitioner to develop plans and proffers which are satisfactory to the adjoining property owner. Comprehensive Plan recommends that: Neighborhood should be protected and new developments should minimize negative impacts such as traffic, noise or visual conflict. Land use conflict should be discouraged and commercial/residential encroachments be minimized. City Council Page 7 April 9, 1990 III. Alternatives: A. City Council approve the rezoning request. Zoning becomes C-2. Site is developed in compliance with the proffered site plan but commercial encroachment into a stable neighborhood occurs. Land use becomes mixed commercial; conflicts such as noise, off-site lighting, etc., may become a problem. Proffered conditions will help minimize such conflicts. Utility capacities are not affected. existing drainage problem could be lessened or eliminated. An Access is not affected. Ail access is limited to Bean Street only. Neighborhood integrity may be affected by the encroachment of a more intense commercial development. Comprehensive Plan followed to the extent that proposed development seeks to minimize impacts on surrounding residential areas. B. City Council deny the rezoning request. 1· Zoning remains C-1. Land use remains vacant undeveloped office. 3. Utilities are unaffected. Storm drainage remains a problem. 4. Access is unaffected. 5. Neighborhood remains unchanged. Comprehensive plan could still be followed. IV. Recommendation: By a vote of 4-0 (Messrs. Price and Sowers, and Mrs. Goode absent) the Planning Commission recommended approval of the requested rezoning. Commission members felt that the proposed zoning City Council Page 8 April 9, 1990 and use of the property was reasonable. In addition, Commission members felt that the proffered conditions would help minimize any impact on the neighborhood. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the southerly terminus of Bean Street (no address assigned) approximately 325 feet south of Hershberger Road, Official Tax Number 2280601, from C-l; Office District to C-2; General Commercial District such rezoning to be subject to certain conditions THIRD AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Vision Communications, Inc., is the contract purchaser from Creative Construction and Development Corporation, owner of land in the City of Roanoke containing 4.05 acres, more or less, located at the southerly terminus of Bean Street (no address assigned), Tax Number 2280601. Said tract is currently zoned C-l; Office District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-0690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-l; Office District to C-2; General Commercial District, subject to certain conditions set forth below, for the purpose of construction and operation of an FM radio station, restaurant, arcade and miniature golf courses. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for use of the vacant property that is consistent with other uses in the area. 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 property will be developed in substantial compliance with the site plan prepared by Doyle & Associates, dated 1/3/90, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-l; Office District without further action by City Council. 3. No alcoholic beverages will be sold, consumed or allowed on the property. 4. Lighting will be designed and installed in such a manner that the residential properties adjoining the property will not be affected. uses: a) Said property will be utilized for the following Restaurant (no drive through) b) Arcade c) FM Radio Station d) Two Miniature Golf Courses 6. All games (video or otherwise) will be located within the proposed building on said property. Such games will not be located in or on the miniature golf courses. 7. In reference to the area shown on the site plan as "Future Developmet", any future development will be a C-l; Office District use unless otherwise approved by the Planning Commission. 8. Vehicular and pedestrian access to the site shall be by Bean Street only. 9. There will be no exterior music or public address system on the property. 10. There will be no pick-up of garbage (dumpsters) on the property before 8:00 o'clock a.m. or after 8:00 o'clock p.m. 11. Vision Communications, Inc. or its successor(s) in interest shall be responsible for ground maintenance and upkeep on the site. 12. The buffer zone required by Roanoke City Ordinance will consist of a staggered double row of trees and fence on the inside (Vision Communications, Inc. side) of the trees. 13. There shall be a (6) foot high wooden fence as approved by agents of the Planning commission along that portion of the site abutting Edenburgh Drive. 14. The restaruant and miniature golf courses shall close by midnight on each day of business. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. This Third Amended Petition is filed in order to comply with the conditions required by the Planning Commission at the public hearing on this matter on March 7, 1990. WHEREOF, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ,~day of ~-~ , Respectfully submitted, VISION COMMUNICATION, INC. Carr L. Kinder, Jr. P. O. Box 2795 Roanoke, VA 24001 lNG EXHIBIT A EXHIBIT "B" ADJOINING PROPERTY OWNER LIST EXHIBIT C Official Tax Number 2280606 2280807 2280808 2280809 2280810 2280811 2280812 2280813 2280901 2280913 2281512 Owner's Name and Mailing Address Trans-World Enterprises c/o Fletcher G. Keith 5344 Central Avenue Charlotte, NC 28212 Warren E. & Mary S. Parrish 4831 Eden Drive, N. W. Roanoke, VA 24012 Joseph R. & Marguerite Gilmore 4827 Eden Drive, N. W. Roanoke! VA 24012 William R. & Virginia O. 4821 Eden Drive, N. W. Roanoke, VA 24012 France Edward G. Jr. & Rita M. 4817 Eden Drive, N. W. Roanoke, VA 24012 Brown Jasper W. L. & Dixie L. McDaniel 4811 Eden Drive, N. W. Roanoke, VA 24012 Raymond G. & Martha E. 4807 Eden Drive, N. W. Roanoke, VA 24012 Keaton Hubert W. & Sara A. Whitlock 4803 Eden Drive, N. W. Roanoke, VA 24012 Sharon E. Houchins 4727 Eden Drive, N. W. Roanoke, VA 24012 Lyman E. & Mary H. Saunders 4728 Daleville Street, N. W. Roanoke, VA 24012 Samuel O. & Christine B. Decker 4727 Daleville Street, N. W. Roanoke, VA 24012 2281501 2281401 2280209 2280208 2280207 2280206 2280205 2280204 2280203 2280603 2280202 Thurston S. & Nellie M. Moomaw 4728 Pawling Street, N. W. Roanoke, VA 24012 Thomas L. & Lyle B. Myers 4733 Pawling Street, N. W. Roanoke, VA 24012 Nancy E. Kessler 4718 Delray Street, Roanoke, VA 24012 No Wo Charles H. Jr. & Mary Lillian B. Kohler 4802 Delray Street, N. W. Roanoke, VA 24012 Lynwood M. & Yvetta S. Dent 4808 Delray Street, N. W. Roanoke, VA 24012 Isaac E. & Mary G. Baumgardner 4812 Delray Street, N. W. Roanoke, VA 24012 William R. & Rebecca D. Coupe 4816 Delray Street, N. W. Roanoke, VA 24012 R. Kevin Dance & Kara L. 4820 Delray Street, N. W. Roanoke, VA 24012 Harper Clarence E. & Verna M. Mitchell 4824 Delray Street, N. W. Roanoke, VA 24012 City of Roanoke c/o W. Robert Herbert, City Manager 215 Church Avenue, S. W. Roanoke, VA 24011 2280602 2280604 2280805 TRS Airlee Court Baptist Church 1312 Hershberger Road, N. W. Roanoke, VA 24012 Shoney's c/o Rash %815-46-1116 P. O. Box 1600 Rowlett, TX 75088 See Plat attached showing "Property to be Rezoned" and "Adjoining Property Owner's - .lNG PUbLISr~CK'S F :E - ~,'~lodU CAX~ L ¢,i?~6L~,, filly SUITE 24011 STATE OF VIK~I:~I~ CITY OF ~UANdKE AFFIOAViT CF ,¢Uu, L IC~l- I QF. it {THE UNdEKSIGhEDI AN AtJTMUr(I~.bD ~EPRESENTATIYb 0¢ [dE TI~-aS-~OKLD POR~TI~N. .~llCH COKPG~(~TIG'~ I~ PUdLIShEK OF THE ROANOKE TIN~S C ~CiLD-NE~S, A THE STATE OF VIRGINIA, GQ CERFIFY THAT THE ~NNEXED NOTICE .AS PU~LISHEU I,'~ SAID 03/2,5/90 Wllr4ESS, T~.~.~iST D.flY OF APKIL 199u AU1 ~UF<IZEO S IG'NATUKb 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, April 9, 1990, 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 C-i, Office District, to C-2, General Commercial District, the following property: A tract of land lying at the southerly terminus of Bean Street (no address assigned) approximately 325 feet south of Hershberger Road, N. W., and bearing Official Tax No. 2280601. 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 March ,1990 . Please publish in full twice, and once on Friday, March 30, World News, Morning Edition. Mary F. Parker, City Clerk once on Friday, March 23, 1990, 1990, in the Roanoke Times and Please send publishers affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Carr L. Kinder, Jr. Attorney P. O. Box 2795 Roanoke, VA 24001 Office of the City Clerk April 2, 1990 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. ~ld¥ogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a third amended petition from Mr. Carr L. Kinder, Jr., Attorney, repre- senting Vision Communications, Inc., requesting that a tract of land lying at the southerly terminus of Bean Street, N. approximately 325 feet south of Hershberger Road, identified as Official Tax No. 2280601, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain con- ditions proffered by the petitioner. Sincerely, ~4ary F. Parker, CMC/AAE City Clerk MFP: r a REZONE30 Eric. pc: Mr. Cart L. Kinder, Jr., Attorney, p. O. Box 2795, Roanoke, Virginia 24001 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator ~r. Steven J. Talevi, Assistant City Attorney Room456 MunicipalBuilding 215Church Avenue, $. W. Roanoke, Vi[ginia 2~,011 (705)98~ 2541 Office of the City Clerk March 16, 1990 Mr. Michael M. Waldvogel Chairman City ,Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, ! am enclosing copy of a second amended petition from Mr. Carr L. Kinder, Jr., Attorney, repre- senting Vision Communications, Inc., requesting that a tract of land lying at the southerly terminus of Bean Street, N. W., approximately 325 feet south of Hershberger Road, identified as Official Tax No. 2280601, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain con- ditions proffered by the petitioner. Sincerely, ~ Mary F. Parker, CM~/AAE City Clerk MFP:ra REZONE30 Enc. pc: Mr. Cart L. Kinder, Jr., Attorney, P. O. Box 2795, Roanoke, Virginia 24001 Mr. John R. ~ariles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Tale¥i, Assistant City Attorney Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE C,I~TY~OF~ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the southerly terminus of Bean Street (no address assigned) approximately 325 feet south of Hershberger Road, Official Tax Number 2280601, from C-l; Office District to C-2; General Commercial District such rezoning to be subject to certain conditions SECOND AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Vision Communications, Inc., is the contract purchaser from Creative Construction and Development Corporation, owner of land in the City of Roanoke containing 4.05 acres, more or less, located at the southerly terminus of Bean Street (no address assigned), Tax Number 2280601. Said tract is currently zoned C-l; Office District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-0690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-l; Office District to C-2; General Commercial District, subject to certain conditions set forth below, for the purpose of construction and operation of an FM.radio station, family restaurant, family arcade and miniature golf courses. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for use of the vacant property that is consistent with other uses in the area. 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 property will be developed in substantial compliance with the site plan prepared by Doyle & Associates, dated 1/3/90, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. . 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-l; Office District without further action by City Council. 3. No alcoholic beverages will be sold, consumed or allowed on the property. 4. Lighting will be designed and installed in such a manner that th~ residential properties adjoining the property will not be affected. 5. Said property will be utilized for the following uses: a) Family Restaurant (no drive through) b) Family Arcade c) FM Radio Station d) Two Miniature Golf Courses 6. All games (video or otherwise) will be located within the proposed building on said property. Such games will not be located in or on the miniature golf courses. 7. In reference to the area shown on the site plan as "Future Developmet", any future development will be a C-l; Office District use unless otherwise approved by the Planning Commission. 8. Vehicular and pedestrian access to the site shall be by Bean Street only. 9. There will be no exterior music or public address system on the property. 10. There will be no pick-up of garbage (dumpsters) on the property before 8:00 o'clock a.m. or after 8:00 o'clock p.m. 11. Vision Communications, Inc. or its successor(s) in interest shall be responsible for ground maintenance and upkeep on the site. 12. The buffer zone required by Roanoke .City Ordinance will consist of a staggered double row of trees and fence on the inside (Vision Communications, Inc. side) of the trees. 13. There shall be a (6) foot high wooden fence as approved by agents of the Planning Commission along that portion of the site abutting Edenburgh Drive. 14. The restaruant and miniature golf courses shall close by midnight on each day of business. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. This Second Amended Petition is filed in order to comply with the conditions required by the Planning Commission at the public hearing on this matter on March 7, 1990. WHEREOF, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~,~ , Respectfully submitted, VISION COMmUnICATION, INC. -- Counsel- .. _ (~ Carr L. Kinder, Jl~ P. O. Box 2795 Roanoke, VA 24001 _i 'o Cai lNG EXHIBIT A B~AN 5'~ N.t~ ~ B~3 EXHIBIT ADJOINING PROPERTY OWNER LIST EXHIBIT C Official Tax Number 2280606 2280807 2280808 2280809 2280810 2280811 2280812 2280813 2280901 2280913 2281512 Owner's Name and Mailing Address Trans-World Enterprises c/o Fletcher G. Keith 5344 Central Avenue Charlotte, NC 28212 Warren E. & Mary S. Parrish 4831 Eden Drive, N. W. Roanoke, VA 24012 Joseph R. & Marguerite Gilmore 4827 Eden Drive, N. W. Roanoke~ VA 24012 William R. & Virginia O. 4821 Eden Drive, N. W. Roanoke, VA 24012 France Edward G. Jr. & Rita M. 4817 Eden Drive, N. W. Roanoke, VA 24012 Brown Jasper W. L. & Dixie L. McDaniel 4811 Eden Drive, N. W. Roanoke, VA 24012 Raymond G. & Martha E. Keaton 4807 Eden Drive, N. W. Roanoke, VA 24012 Hubert W. & Sara A. Whitlock 4803 Eden Drive, N. W. Roanoke, VA 24012 Sharon E. Houchins 4727 Eden Drive, N. Roanoke, VA 24012 Lyman E. & Mary H. Saunders 4728 Daleville Street, N. W. Roanoke, VA 24012 Samuel O. & Christine B. Decker 4727 Daleville Street, N. W. Roanoke, VA 24012 2281501 2281401 2280209 2280208 2280207 2280206 2280205 2280204 2280203 2280603 2280202 Thurston S. & Nellie M. Moomaw 4728 Pawling Street, N. W. Roanoke, VA 24012 Thomas L. & Lyle B. Myers 4733 Pawling Street, N. W. Roanoke, VA 24012 Nancy E. Kessler 4718 Delray Street, Roanoke, VA 24012 N. Wo Charles H. Jr. & Mary Lillian B. 4802 Delray Street, N. W. Roanoke, VA 24012 Kohler Lynwood M. & Yvetta S. Dent 4808 Delray Street, N. W. Roanoke, VA 24012 Isaac E. & Mary G. Baumgardner 4812 Delray Street, N. W. Roanoke, VA 24012 William R. & Rebecca D. Coupe 4816 Delray Street, N. W. Roanoke, VA 24012 R. Kevin Dance & Kara L. Harper 4820 Delray Street, N. W. Roanoke, VA 24012 Clarence E. & Verna M. Mitchell 4824 Delray Street, N. W. Roanoke, VA 24012 City of Roanoke c/o W. Robert Herbert, 215 Church Avenue, S. Roanoke, VA 24011 City Manager W. 2280602 2280604 2280805 TRS Airlee Court Baptist Church 1312 Hershberger Road, N. W. Roanoke, VA 24012 Shoney's c/o Rash #815-46-1116 P. O. Box 1600 Rowlett, TX 75088 See Plat attached showing "Property to be Rezoned" and "Adjoining Property Owner's Office of the City Clerk March 2, 1990 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Oear Mr. Waldvogel Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Cart L. Kinder, Jr., Attorney, representing Vision Communications, Inc., requesting that a tract of land lying at the southerly terminus of Bean Street, N. W., approxi- mately 325 feet south of Hershberger Road, identified as Official Tax No. 2280601, be rezoned from C-1, Qffice District, to C-2, General Commercial District, subject to certain conditions prof- fered by the petitioner. Sincerely, ~ Mary F. Parker, C~C City Clerk MFP : ra REZONE30 Enc. pc: Mr. Carr L. Kinder, Jr., Attorney, P. 0. Box 2795, Virginia 24001 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Hr. Steven J. Talevi, Assistant City Attorney Roanoke, Room456 MunicipalBuilding 21§Church Avenue, S.W Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the southerly terminus of Bean Street (no address assigned) approximately 325 feet south of Hershberger Road, Official Tax Number 2280601, from C-l; Office District to C-2; General Commercial District such rezoning to be subject to certain conditions AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Vision Communications, Inc., is the contract purchaser from Creative Construction and Development Corporation, owner of land in the City of Roanoke containing 4.05 acres, more or less, located at the southerly terminus of Bean Street (no address assigned), Tax Number 2280601. Said tract is currently zoned C-l; Office District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-0690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-l; Office District to C-2; General Commercial District, subject to certain conditions set forth below, for the purpose of construction and operation of an FM radio station, family restaurant, family arcade and miniature golf courses. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for use of the vacant property that is consistent with other uses in the area. 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 property will be developed in substantial compliance with the site plan prepared by Doyle & Associates, dated 1/3/90 , a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-l; Office District without further action by City Council. 3. No alcoholic beverages will be sold, consumed or allowed on the property. 4. Lighting will be designed and installed in such a manner that the residential properties adjoining the property will not be affected. 5. Said property will be utilized for the following uses: a) Family Restaurant (no drive through) b) Family Arcade c) FM Radio Station d) Two Miniature Golf Courses 6. In reference to the area shown on the site plan as "Future Development", site plans for the future development will be submitted to the Planning Commission for approval. 7. The buffer zone required by Roanoke City Ordinance will consist of a staggered double row of trees and a fence on the inside (Visions Communications, Inc. side) of the trees. 8. Access to the site shall be by Bean Street only. 9. There will be no exterior music or public address system on the property. 10. There will be no pick-up of garbage (dumpsters) on the property before 8:00 o'clock a.m. or after 8:00 o'clock p.m. 11. Vision Communications, Inc. shall be responsible for ground maintenance and upkeep on subject site. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road EXHIBIT A EXHIBIT ADJOINING PROPERTY OWNER LIST EXHIBIT C Official Tax Number 2280606 2280807 2280808 2280809 2280810 2280811 2280812 2280813 2280901 2280913 2281512 Owner's Name and Mailing Address Trans-World Enterprises c/o Fletcher G. Keith 5344 Central Avenue Charlotte, NC 28212 Warren E. & Mary S. Parrish 4831 Eden Drive, N. W. Roanoke, VA 24012 Joseph R. & Marguerite Gilmore 4827 Eden Drive, N. W. Roanoke, VA 24012 William R. & Virginia O. 4821 Eden Drive, N. W. Roanoke, VA 24012 France Edward G. Jr. & Rita M. 4817 Eden Drive, N. W. Roanoke, VA 24012 Brown Jasper W. L. & Dixie L. McDaniel 4811 Eden Drive, N. W. Roanoke, VA 24012 Raymond G. & Martha E. Keaton 4807 Eden Drive, N. W. Roanoke, VA 24012 Hubert W. & Sara A. Whitlock 4803 Eden Drive, N. W. Roanoke, VA 24012 Sharon E. Houchins 4727 Eden Drive, N. Roanoke, VA 24012 Lyman E. & Mary H. Saunders 4728 Daleville Street, N. W. Roanoke, VA 24012 Samuel O. & Christine B. Decker 4727 Daleville Street, N. W. Roanoke, VA 24012 2281501 2281401 2280209 2280208 2280207 2280206 2280205 2280204 2280203 2280603 2280202 2280602 2280604 2280805 Thurston S. & Nellie M. Moomaw 4728 Pawling Street, N. W. Roanoke, VA 24012 Thomas L. & Lyle B. Myers 4733 Pawling Street, N. W. Roanoke, VA 24012 Nancy E. Kessler 4718 Delray Street, N. Roanoke, VA 24012 Charles H. Jr. & Mary Lillian B. Kohler 4802 Delray Street, N. W. Roanoke, VA 24012 Lynwood M. & Yvetta S. Dent 4808 Delray Street, N. W. Roanoke, VA 24012 Isaac E. & Mary G. Baumgardner 4812 Delray Street, N. W. Roanoke, VA 24012 William R. & Rebecca D. Coupe 4816 Delray Street, N. W. Roanoke, VA 24012 R. Kevin Dance & Kara L. Harper 4820 Delray Street, N. W. Roanoke, VA 24012 Clarence E. & Verna M. Mitchell 4824 Delray Street, N. W. Roanoke, VA 24012 City of Roanoke c/o W. Robert Herbert, City Manager 215 Church Avenue, S. W. Roanoke, VA 24011 TRS Airlee Court Baptist Church 1312 Hershberger Road, N. W. Roanoke, VA 24012 Shoney's c/o Rash #815-46-1116 P. O. Box 1600 Rowlett, TX 75088 See Plat attached showing "Property to be Rezoned" and "Adj'oining Property Owner's o January 19, 1990 Mr. Michael M. ~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 a petition from Mr. Carr L. Kinder, Jr., Attorney, representing Vision Communications, Inc., requesting that a tract of land lying at the southerly terminus of Bean Street, N. ~., approximately 325 feet south of Hershberger Road, identified as Official Tax No. 2280601, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~/~~ Mary F. Parker, CMC City Clerk MFP:ra REZONE30 pc: Mr. Carr L. Kinder, Jr., Attorney, P. O. Box 2795, Virginia 24001 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Hiller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney ~oanoke, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the southerly terminus of Bean Street (no address assigned) approximately 325 feet south of Hershberger Road, Official Tax Number 2280601, from C-l; Office District to C-2; General Commercial District such rezoning to be subject to certain conditions PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Vision Communications, Inc., is the contract purchaser from Creative Construction and Development Corporation, owner of land in the City of Roanoke containing 4.05 acres, more or less, located at the southerly terminus of Bean Street (no address assigned), Tax Number 2280601. Said tract is currently zoned C-l; Office District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-0690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from C-l; Office District to C-2; General Commercial District, subject to certain conditions set forth below, for the purpose of construction and operation of an FM radio station, family restaurant, family arcade and miniature golf courses. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide for use of the vacant property that is consistent with other uses in the area. 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 property will be developed in substantial compliance with the site plan prepared by Doyle & Associates, dated UNDATED , a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to C-l; Office District without further action by City Council. 3. No alcoholic beverages will be sold, consumed or allowed on the premises. 4. Lighting will be designed and installed in such a manner that the residential properties adjoining subject property will not be affected. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREOF, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this I~ day of ~4~ , 19~O . Respectfully submitted, VISION COMMUNICATION, INC. Counsel Carr L. Kinder, Jr. P. O. Box 2795 Roanoke, VA 24001 Owner: Creative Construction and Development Corporation Rob~z't L. Pz'l~e, .llV~ EXHIBIT A BEAN Sl N.~ EXHIBIT "B" ADJOINING PROPERTY OWNER LIST EXHIBIT Official Tax Number Owner's Name and Mailing Address 2280606 2280807 2280808 2280809 2280810 2280811 2280812 2280813 2280901 2280913 2281512 Trans-World Enterprises c/o Fletcher G. Keith 5344 Central Avenue Charlotte, NC 28212 Warren E. & Mary S. Parrish 4831 Eden Drive, N. W. Roanoke, VA 24012 Joseph R. & Marguerite Gilmore 4827 Eden Drive, N. W. Roanoke, VA 24012 William R. & Virginia O. 4821 Eden Drive, N. W. Roanoke, VA 24012 France Edward G. Jr. & Rita M. 4817 Eden Drive, N. W. Roanoke, VA 24012 Brown Jasper W. L. & Dixie L. 4811 Eden Drive, N. W. Roanoke, VA 24012 McDaniel Raymond G. & Martha E. Keaton 4807 Eden Drive, N. W. Roanoke, VA 24012 Hubert W. & Sara A. Whitlock 4803 Eden Drive, N. W. Roanoke, VA 24012 Sharon E. Houchins 4727 Eden Drive, N. Roanoke, VA 24012 Lyman E. & Mary H. Saunders 4728 Daleville Street, N. W. Roanoke, VA 24012 Samuel O. & Christine B. Decker 4727 Daleville Street, N. W. Roanoke, VA 24012 2281501 2281401 2280209 2280208 2280207 2280206 2280205 2280204 2280203 2280603 2280202 Thurston S. & Nellie M. Moomaw 4728 Pawling Street, N. W. Roanoke, VA 24012 Thomas L. & Lyle B. Myers 4733 Pawling Street, N. W. Roanoke, VA 24012 Nancy E. Kessler 4718 Delray Street, Roanoke, VA 24012 No W. Charles H. Jr. & Mary Lillian B. 4802 Delray Street, N. W. Roanoke, VA 24012 Kohler Lynwood M. & Yvetta S. Dent 4808 Delray Street, N. W. Roanoke, VA 24012 Isaac E. & Mary G. Baumgardner 4812 Delray Street, N. W. Roanoke, VA 24012 William R. & Rebecca D. Coupe 4816 Delray Street, N. W. Roanoke, VA 24012 R. Kevin Dance & Kara L. Harper 4820 Delray Street, N. W. Roanoke, VA 24012 Clarence E. & Verna M. Mitchell 4824 Delray Street, N. W. Roanoke, VA 24012 City of Roanoke c/o W. Robert Herbert, City Manager 215 Church Avenue, S. W. Roanoke, VA 24011 2280602 2280604 2280805 TRS Airlee Court Baptist Church 1312 Hershberger Road, N. W. Roanoke, VA 24012 Shoney's c/o Rash #815-46-1116 P. O. Box 1600 Rowlett, TX 75088 See Plat attached showing "Property to be Rezoned" and "Adjoining Property Owner's · 0 c Ty CLEm OF C TY OFA PERTAINING TO THE REZONING REQUEST OF: Request from Vision Communications, Inc., repre- sented by Carr L. Kinder, attorney, that a tract of land located on Bean Street, N.W., identified as official tax no. 2280601, and containing 4.05 acres, more or less, be rezoned from C-l, Office District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. AFFI- DAVIT 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 Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th of February, 1990, notices of a public hearing to be held on the 7th day of March, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2280606 2280807 2280808 2280809 2280810 2280811 2280812 2280813 2280901 Warren E. Joseph R. William R. OWNER~ AGENT OR OCCUPANT Trans-World Enterprises c/o Fletcher G. Keith & Mary S. Parrish & Marguerite Gilmore & Virginia O. France Edward G. & Rita M. Brown Jasper W. L. & Dixie L. McDaniel Raymond G. & Martha E. Keaton Hubert W. & Sara A. Whitlock Sharon E. Houchins ADDRESS 5344 Central Avenue Charlotte, NC 28212 4831 Eden Drive, NW Roanoke VA 24012 4827 Eden Drive, NW Roanoke, VA 24012 4821 Eden Drive, NW Roanoke, VA 24012 4817 Eden Drive, NW Roanoke, VA 24012 4811 Eden Drive, NW Roanoke VA 24012 4807 Eden Drive, NW Roanoke VA 24012 4803 Eden Drive, NW Roanoke, VA 24012 4727 Eden Drive, NW Roanoke, VA 24012 2280913 2281512 2281501 2281401 2280209 2280208 2280207 2280206 2280205 2280204 2280203 2280603 2280202 2280602 2280604 2280605 Edythe M. Griffin Samuel O. & Christine B. Decker Thurston S. Thomas L & Lyle B. Nancy E. Kessler Charles H. Lynwood M. & Nellie M. Moomaw Myers and Mary L. Kohler and Yvetta S. Dent Isaac E. and Mary G. Baumgardner William R. & Rebecca D. Coupe R. Keven Dance Kara L. Harper Clarence E. & Verna M. Mitchell City of Roanoke Trustees, Airlee Court Baptist Shoney's c/o Rash #815-46-1116 4728 Daleville St., NW Roanoke, VA 24012 4727 Daleville St., NW Roanoke, VA 24012 4728 Pawling St., NW Roanoke VA 24012 4733 Pawling St., NW Roanoke VA 24012 4718 Delray Street, NW Roanoke, VA 24012 4802 Delray Street, NW Roanoke VA 24012 4808 Delray Street, NW Roanoke, VA 24012 4812 Delray Street, NW Roanoke, VA 24012 4816 Delray Street, NW Roanoke, VA 24012 4820 Delray Street, NW Roanoke, VA 24012 4824 Delray Street, NW Roanoke, VA 24012 1312 Hershberger Road Roanoke, VA 24012 P. O. Box 1600 Rowlett, TX 75088 F~rtha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the Roanoke, Virginia, this My Commission Expires: 26th day of February, 1990. Notary Public City of TO THE CITY CLERK OF THE CITY OF ROAN~.,' 'VIRGINIA PERTAINING TO THE REZONING REQUEST OF~.~,~. .i~'~ ....... ~ ~ Request from Vision Communications, Inc., repre- sented by Carr L. Kinder, attorney, that a tract of land located on Bean Street, N.W., identified as official tax no. 2280601, and containing 4.05 acres, more or less, be rezoned from C-l, Office District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. AFFI- DAVIT 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 Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~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 29th of January, 1990, notices of a public hearing to be held on the 7th day of February, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2280606 2280807 2280808 2280809 2280810 2280811 2280812 2280813 2280901 Edward G. Jasper W. Raymond G. OWNERr AGENT OR OCCUPANT Trans-World Enterprises c/o Fletcher G. Keith Warren E. & Mary S. Parrish Joseph R. & Marguerite Gilmore William R. & Virginia O. France & Rita M. Brown L. & Dixie L. McDaniel & Martha E. Keaton Hubert W. & Sara A. Whitlock Sharon E. Houchins ADDRESS 5344 Central Avenue Charlotte, NC 28212 4831 Eden Drive NW Roanoke, VA 24012 4827 Eden Drive, NW Roanoke, VA 24012 4821 Eden Drive NW Roanoke, VA 24012 4817 Eden Drive NW Roanoke, VA 24012 4811 Eden Drive NW Roanoke VA 24012 4807 Eden Drive NW Roanoke VA 24012 4803 Eden Drive, NW Roanoke, VA 24012 4727 Eden Drive NW Roanoke, VA 24012 2280913 2281512 2281501 2281401 2280209 2280208 2280207 2280206 2280205 2280204 2280203 2280603 2280202 2280602 2280604 2280605 Edythe M. Griffin Samuel O. & Christine B. Decker Thurston S. & Nellie M. Moomaw Thomas L & Lyle B. Myers Nancy E. Kessler Charles H. and Mary L. Kohler Lynwood M. and Yvetta S. Dent Isaac E. and Mary G. Baumgardner William R. & Rebecca D. Coupe R. Keven Dance Kara L. Harper Clarence E. & Verna M. Mitchell City of Roanoke Trustees, Airlee Court Baptist Shoney's c/o Rash #815-46-1116 4728 Daleville St., NW Roanoke, VA 24012 4727 Daleville St., NW Roanoke VA 24012 4728 Pawling St., NW Roanoke VA 24012 4733 Pawling St., MW Roanoke VA 24012 4718 Delray Street, NW Roanoke VA 24012 4802 Delray Street, NW Roanoke VA 24012 4808 Delray Street, NW Roanoke VA 24012 4812 Delray Street, NW Roanoke, VA 24012 4816 Delray Street, NW Roanoke, VA 24012 4820 Delray Street, NW Roanoke VA 24012 4824 Delray Street, NW Roanoke, VA 24012 1312 Hershberger Road Roanoke, VA 24012 P. O. Box 1600 Rowlett, TX 75088 SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this 29th day of January, 1990. My Commission Expires: in the City of Notary Public