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HomeMy WebLinkAboutCouncil Actions 12-17-90REGULAR WEEKLY I~hi te (30340) SESSION ...... ROANOKE CITY COUNCIL December 17, 1990 2:00 p.m. AGENDA FOR THE COUNCIL C-1 Call to Order -- Roll Call. All Present. The invocation will be delivered by Mayor Noel C. Taylor. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Presentation by students representing the Roanoke City School system. 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. A communication from Council Member Elizabeth T. Bowles requesting an Executive Session to discuss the disposition of publicly held property, being the possible sale of 306 - 6th Street, S. W., in accordance with Section 2.1-344 (A) (3~, Code of Virginia (1950), as amended. RECOMMENDED ACTi 0¥: Concur in request for Council to convene in Executive Session to discuss the disposi- tion of publicly held property, being the possible sale of 306 6th Street, S. W., in accordance with Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. Request of Mayor Noel C. Taylor for an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. Concurred in the request. RI~GULAR AGENDA Hearing of Citizens Upon Public Matters: (i) Request to address Council with regard to a traffic sign which prohibits left turns from Grandin Road Extension onto Mudlick Road, S. ~., between the hours of 7:00 a.m. and 9:00 a.m. Mr. David M. Nance, Spokesman. Received and filed. Request to present a petition signed by residents of the 600 block of Allison Avenue, S. W., with regard to neigh- borhood improvements. Mr. Davis S. Luck, Spokesman. Referred to the City Manager for study, report and recom- mendation to Council. Petitions and Com~unications: A communication from Mr. Alton L. Knighton, Jr., Attorney, representing the City of Roanoke Redevelopment and Housing Authority, requesting approYal of a plan to assist United Dominion Realty Trust, Inc., in the acquisition and rehabi- litation of an approximately 212 unit multi-family residen- tial rental project known as Hilliard Road Apartments located at 2812 Rilliard Road in Henrico County, Virginia, by issuance of the Authority's multi-family housing revenue bonds, in an amount not to exceed $6,000,000.00. Adopted Resolution No. 30340-121790. (7-0) A communication from Mr. Theodore J. Edlich, Executive Director, Total Action Against Poverty in the Roanoke Valley, requesting that Council set a public hearing for Monday, January 14, 1991, at 7:30 p.m., to consider a request for tax exemption of property owned by Total Action Against Poverty. Council authorized advertisement of a public hearing to be held on Monday. January 14, 1991, at 7:30 p.m., or as soon thereafter as the matter may be heard. Reports of Officers: a. City ~4anager: Briefings: 1. A report with regard to the City's leaf collection program. No action· Items Recommended for Action: 2. A report with regard to construction of a new facility for Sanctuary (Crisis Intervention Center). Adopted Resolution No. 30341-121790. (7-0) (2) o 4o o 9o A report recommending that Council concur, in general, with the goals and development criteria which were recommended for Mill Mountain in a study completed by Rhodeside and Barwell, Inc. Concurred in the recommendation. A report recommending authorization to execute Amendment No. 2 to the Grant Agreement with Mental Health Services of the Roanoke Valley for renovation of the Alcohol Detoxification and Rehabilitation Center located at 801 Shenandoah Avenue, N. W. Adopted Resolution No. 30342-121790. (7-0) A report recommending execution of an agreement with Norfolk Southern Corporation to permit Norfolk Southern to raise and repair the First Street Bridge at 100 per cent cost to Norfolk Southern, and to establish a new agreement for future maintenance at 100 per cent City cost. Adopted Ordinance No. 30343-121790. (7-0) A report recommending acceptance of the bid submitted by Sorensen-Christian Industries, Inc., to furnish and deliver portable basketball backstops for the Roanoke Civic Center, in the total amount of $18,910.61. Adopted Resolution No. 30344-121790. (7-0) A report recommending that Junior Achievement of Southwest Virginia, Inc., be authorized to display flags in the downtown area from February 8, 1991, through February 25, 1991. Adopted Ordinance No. 30345 on first reading. (7-0) A report recommending acquisition of the necessary right-of-way for parcels of land needed in connection with the widening and realignment of Second Street/ Gainsboro Road from Orange Avenue, N. W. to Salem Avenue, S. ~. Adopted Ordinance No. 30346-121790 and Resolution No. 30347-121790. (7-0) A report of the Director of Finance with regard to the audited designated fund balance for the year ended June 30, 1990. Received and filed. (3) bo A report of the City Manager with regard to recom- mended expenditures to address critical Capital Maintenance and Equipment Replacement needs. Concurred in recommendation. b. Director of Finance: 1. A report with regard to the Set-Off Debt Collection Program. Received and filed. A report recommending that the City Code be amended to include an exemption to eliminate the requirement that a Raffle Permit Holder obtain a Charitable Solicitation Permit in order to conduct a raffle in the City of Roanoke. Adopted Ordinance Ho. 30348-121790. was out of the Council Chamber.) (6-0, Mr. Harvey A report recommending that the City Code be amended to reflect a recent change in the State Code which allows an exception to permit organizations composed of or for deaf or blind persons to employ individuals as clerical assistants in order to conduct Bingo or Raffles only for such organizations. Adopted Ordinance No. 30349-121790. was out of the Council Chamber.) (6-0, Mr. Harvey 6. Reports of Committees: A report of the committee appointed to tabulate bids received for new toilet floors at the Roanoke Civic Center Coliseum, recommending award of a contract to ~arsteller Corporation, in the amount of $20,097.00; and appropriation of funds therefor. Council ~ember ~illiam ~hite, Sr., Chairman. Adopted Ordinance No. 30350-121790 and Ordinance No. 30351~121790. (7-0) A report of the committee appointed to tabulate bids received for removal and disposal of seven 7) underground petroleum product tanks at the Old Valley Metro Garage, Twelfth Street at Campbell Avenue, S. E. recommending award of a contract to W E L Enterprises, Inc., in the amount of $17,493.00. Council ~ember William White, Sr., Chairman. Adopted Ordinance Ho. 30352-121790. (7-0) (4) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30328, on second reading, permanently vacating, discontinuing and closing an undeveloped section of Strand Road, N. E., from its intersection ~ith Byrd Avenue to its intersection with Plantation Road, less the area designated by the 1995 thoroughfare plan for future street widening along Plantation Road. Adopted Ordinance No. 30328-121790. (7-0) Ordinance No. 30329, on second reading, permanently vacating, discontinuing and closing a certain unopened alley lying near the northeast intersection of Orange Avenue and Hollins Road, N. E. Adopted Ordinance No. 30329-121790. (7-0) Ordinance No. 30330, on second reading, rezoning property located at 107 South Jefferson Street, identified as Official Tax No. 1011125 from C-3, Central Business District, to H-l, Historic District Overlay. Adopted Ordinance No. 30330-121790. (7-0) Ordinance No. 30331, on second reading, rezoning a tract of land containing .147 acre, more or less, located at 1017 Syracuse Avenue, N. W., identified as Official Tax No. 2130520, from R~-i, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 30331-121790. (7-0) Ordinance No. 30338, on second reading, extending the franchise of Cox Cable Roanoke, Inc., to operate a cable television system in the City for a period of 60 days. Adopted Ordinance No. 30338-121790. (7-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. The City Manager was requested to submit a reco~nendation to Council during 1990-1991 budget study with regard to budgeting for capital expenditures, etc. The City Attorney was requested to confer with the Commonwealth's Attorney and the City Manager with regard to redrafting the anti~solicitation ordinance, as well as drafting an additional measure relative to prohibiting nudity and obscenity during concerts by rock bands at the Roanoke Civic Center. (5) 10. 10. Certain revisions with regard to the duties and respon- sibilities of the Municipal Auditor was referred to the City Manager, City Attorney and Director of Finance for input, and Council authorized advertisement of a public hearing to be held on Monday, January 7, 1991, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to proposed changes in the City Code and the City Charter pertaining to said revisions. Council authorized advertisement of a public hearing to be held on Monday, January 7, 1991, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to increasing the penalty for violations of City misdemeanors from $1,000.00 to $2,500.00. Other Hearings of Citizens: b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Certification of Executive Session. (7-0) Reappointed the following persons: Mr. John B. Ferguson - City Planning Commission Mr. Paul C. Buford - City Planning Commission Mr. Charles A. Price - City Planning Commission Appointed the following persons: Ms. Harriette Shivers - Mental Health Services Directors Mr. Nelson Harris - Special Events Committee Board of Other Hearings of Citizens: Adopted Ordinance No. 30353 on first reading, providing for the sale and conveyance of a parcel of surplus City-owned property located at 306 Sixth Street, S. W., and bearing Official Tax No. 1112502. (7-0) (6) Roanoke, Virginia December 17, 1990 Honorable Mayor and Members Roanoke City Council Dear Members of Council: I request an Executive Session to discuss the disposition of publicly held property, being the possible sale of 306 - 6th Street, S.W., in accordance with Section 2.1-344(a)(3) of the Code of Virginia, as amended. Respectfully submitted, Elizabeth T. Bowles, Chairman Water Resources Committee WIAH:KBK:afm cc: City Manager City Attorney Director of Finance December 10, 1990 Mary F. Parker - City Clerk Room 456 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Dear Ms. Parker: I would like to address City Council on Monday, December 17, 1990, regarding the lack of response by the City Manager's office to the concerns expressed by our group at the September 17, 1990 meeting of Council regarding the installation of the traffic sign which prohibits left turns from Grandin Road Extension on to Mudlick Road, S.W. between the hours of 7:00 a.m. and 9:00 a.m. Thank you for your attention to this matter. Sincerely, David M. Nance 3555 Grandin Road, Roanoke, VA 24018 SW Phone: 985-2829 (W) 989-8606 (H) Office of the City Clerk December 19, 1990 File ~46-6~ Mr. W. Robert Herbert City Manager Roano~e, Virginia Dear ,~r. Herbert: At the regular meeting of Council held on Monday, December 17, 1990, Ur. Davis S. Luck, 621 Allison Avenue, S. W., appeared Oefore Council ann presented a petition signed by residents of the 600 block of Allison Avenue, S. W., requesting the installa- tion of street lights and other neighborhood improvements in the On motion, duly seconded and unanimously adopted, the matter was referred to you for study, report and recommendation to Council. Eincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Enc. pc: Mr. Davis S. Luck, 621 Roanoke, Virginia 24016 Allison Avenue, S. ~., Apt. 2, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0 LZ~HT s' mq i'- T' Office of the City Clerk December 19, 1990 File #178-53B Mr. Alton L. Knighton, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Knighton: I am enclosing copy of Resolution No. 30340-121790 approving the issuance of bonas of the City of Roanoke Redevelopment and Housing Authority (the "Authority") for the benefit of United Dominion Realty Trust, Inc., a Virginia Corporation (the "Developer"), to the extent required by Section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.1-i578.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"). Resolution No. 30340-121790 ~as adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December i7. 1990. Sincere fy, Sandra H. Eakin Deputy City Clerk SHE:fa Eric. pc: Mr. gerbert D. McBride, Executive Director, Roanoke Reaevelopment and Housing Authority, 2624 Salem Turnpike, N. ~., Roanoke, Virginia 24017 Mr. ~. Robert ~erbert, City Manag.er Mr. ~ilburn C. Oibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-25,31 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th Day of December, 1990. No. 30340-121790. A RESOLUTION approving the issuance of bonds of the City of Roanoke Redevelopment and Housing Authority (the "Authority") for the benefit of United Dominion Realty Trust, Inc., a Virginia corporation (the "Developer"), to the extent required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the "Virginia Code"). WHEREAS, the Authority has considered the application of the Developer for the issuance of the Authority's multi-family housing revenue bonds in an amount not to exceed $6,000,000 the "Bon~s") to assist the Developer in the acquisition and rehabilitation of an approximately 212 unit multi-family residential rental project known as Hllliard Road Apartments located at 2812 Hllliard Road in Henrico County, Virginia (the "Project"), and has held a public hearing thereon on November 26, 1990; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), and the Council of the City of Roanoke, Virginia (the "Council"), constitutes the elected legislative body of the City; and WHEREAS, the Authority has requested that the Council approve the issuance of the Bonds to comply with Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code; and WHEREAS, a copy of the Authority's resolutions approving the issuance of the Bonds, subject to terms to be agreed upon, and recommending that the Council approve issuance of the Bonds, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been ~iled with the Council; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AS FOLLOWS: 1. The Council hereby approves the issuance of the Bonds by the City of Roanoke Redevelopment and Housing Authority for the benefit of the Developer to the extent required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. Approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Developer of the financial viability of the Project. The Bonds shall provide that neither the City, the Authority nor the Commonwealth of Virginia shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Authority shall be pledged thereto. 3. This resolution shall take effect immediately upon its adoption. ATTEST: City Clerk 2 CITY OF ROANOKE~ .. INTERDEPARTMENTAL COMMUNICATION DATE: December 13, 1990 TO: Mary F. Parker, City Clerk FROM: Wilburn C. Dibling, Jr., City Attorney~ RE: City of Roanoke Redevelopment and Housing Authority financing for United Dominion Realty Trustt Inc. I have approved as to form the resolution prepared by Alton L. Knighton, Jr., Woods, Rogers & Hazlegrove, with re- spect to the above-referenced matter which will be placed on the agenda of Council on December 17, 1990. An initialed copy of the resolution is attached. WCD:ff Attachment WooDs, Roo,~Rs & HxznEOROVE 10~$ FRANKLIN ROAD, S.W. P.O. BOX ?~O (703) 982-4232 December 11, 1990 Ms. Mary F. Parker Clerk of City Council Municipal Building Roanoke, VA 24011 In re: City of Roanoke Redevelopment and Housing Authority; Financing for United Dominion Realty Trustt Inc. Dear Mary: I am sorry to bother you again with respect to the Housing Authority's financing for United Dominion Realty Trust. We would, however, like to be certain that Council is apprised of one circumstance regarding this financing. United Dominion has encountered some problems in negotiations with the present owner of the facility to be financed. Given those problems, there is now some uncertainty as to whether United Dominion will purchase the property. Should the purchase fall through, there would be no financing. United Dominion would ask that Council still consider this matter on December 17, notwithstanding the uncertainty as to whether the financing will proceed. There are two timing considerations which suggest that Council act at this time. First, under state law, any consent by Council must take place within 60 days after the date that the public hearing was held by the Authority (November 26). The uncertainty may or may not be resolved within that 60-day period. Second, should the uncertainty be resolved fairly quickly, United Dominion would like to be in a position to request an allocation from the state early in 1991. The developer has asked that I apprise Council of the possibility that the financing may not take place so that there might be no question that United Dominion is acting in good faith M#28274 Page 2 December 11, 1990 in its dealings with Council. To that end, we would most appreciate your passing a copy of this letter along to the Council members or otherwise advising them of its content. Many thanks. Sincerely, WOODS, ROGERS & HAZLEGROVE Alton ~. ~ nighton, Jr. ALKJr:gfw cc: Mr. H. Wesley White, Jr. Mr. Wilburn C. Dibling, Jr. Mr. Richard B. Chess Ms. Bryar C. Nettles M#28274 WOODS, i~OOEItS & HAZLEGROVE (703) 982-4232 November 26, 1990 Ms. Mary F. Parker Clerk of City Council Municipal Building Roanoke, VA 24011 In re: City of Roanoke Redevelopment and Housing Authority; Financing for United Dominion Realty Trustt Inc. Dear Mary: On behalf of the Housing Authority I am enclosing a proposed resolution for City Council. I would be most appreciative if you would place this on Council's agenda for December 17, 1990. The resolution would approve a financing by the Authority for the benefit of United Dominion Realty Trust, Inc. As required by state and federal law, the Authority has held a public hearing with respect to this financing. I am enclosing for your records a certificate of public hearing, which includes as exhibits (1) a copy of the Authority's resolution recommending approval of the financing by City Council, adopted on November 26, 1990, and (2) a fiscal impact statement, as well as a copy of the Authority's inducement resolution adopted on October 22, 1990. I recently appeared before Council with respect to another financing, and Mr. White raised the question of whether Council should be briefed on financings of this nature prior to the time that Council is asked to vote. In order that Council might have some information concerning this project prior to December 3, I am enclosing multiple copies of a package prepared by United Dominion. I would appreciate your circulating this package to the members of Council, Bob Herbert and such other persons as you deem appropriate. M#28274 Page 2 November 26, 1990 The financing will be for a project located in Henrico County. The City of Roanoke Redevelopment and Housing Authority has been approached to issue the bonds with respect to this project because Henrico County does not have a redevelopment and housing authority. United Dominion elected to work with our authority, and not the Richmond authority, because it has previously worked with the Roanoke authority (on the Laurel Ridge complex) and enjoyed a good working relationship with it. It is anticipated that the Housing Authority will derive an annual fee from participating in this financing, as well as recouping all of its out-of-pocket expenses. Thank you very much for your assistance. if you should have any questions. Please let me know Sincerely, WOODS, ROGERS & HAZLEGROVE Alton L. Knighton, Jr. ALKJr:gfw Enclosures cc: Mr. H. Wesley White, Jr. (w/encl.) Mr. Wllburn C. Dibling, Jr. (w/encl.) Ms. Bryar C. Nettles (w/encl.) Mr. Richard B. Chess M#28274 CERTIFICATE OF PUBLIC HEARIN~ The undersigned Secretary of the City of Roanoke Redevelopment and Housing Authority (the "Authority"), hereby certifies as follows: 1. A regular meeting of the Authority was duly called and held on November 26, 1990, at 12:30 o'clock p.m. before the Authority, at its office at 2624 Salem Turnpike, N.W., Roanoke, Virginia. The meeting was open to the public, and persons of differing views were given the opportunity to be heard. At such meeting a quorum was present and acting throughout. 2. The Chairman announced the commencement of a public hearing on the application of United Dominion Realty Trust, Inc., a Virginia corporation. A notice of the hearing was published once a week for two consecutive weeks, the first publication being not more than 28 days nor less than 14 days prior to the hearing in a newspaper having general circulation in the City of Roanoke, Virginia. 3. The individuals identified on Exhibit B(i) appeared and addressed the Authority. A reasonably detailed summary of the statements made at the public hearing together with the fiscal impact statement required by the Industrial Development and Revenue Bond Act are attached hereto as Exhibits B(i) and B(ii). 4. Attached hereto as Exhibit B(iii) is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Commissioners present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and the seal of the Authority this 26th day of November, 1990. S e~ary, city of RoahNSke Redevelopment and Housing Authority (SEAL) SUMMARY OF APPEARANCES AND STATEMENTS No individuals appeared to address the Authority. statements were made at the public hearing. Exhibit B(i) No M#28199 Exhibit B(ii) FISCAL IMPACT STATEMENT November 26, 1990 Date UNITED DOMINION REALTY TRUST, INC. Applicant HILLIARD ROAD APARTMENTS Facility 4. 5. 6. Maximum amount of financing sought $ 6,000,000 Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis Average annual salary per employee 5,600,000 (1993) 54,880 600 N/~ 218,000' 5 18,000 t hority~ Chairman City of Roanoke Redevelopment and l~ousing Authority Name of Authority *Does not include additional $1.3 million in capital costs. Exhibit B(iii) DATE APPROVED ITEM NO. RESOLUTION NUMBER RESOLUTION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA APPROVE THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE AUTHORITY WHEREAS, United Dominion Realty Trust, Inc., a Virginia corporation (the "Developer"), has requested the City of Roanoke Redevelopment and Housing Authority (the "Authority,,), to assist the Developer in the acquisition and rehabilitation of a multi- family apartment project of approximately 212 units located in Henrico County, Virginia, known as "Hilliard Road Apartments," and the Authority has agreed to do so by the issuance of its bonds in an amount not to exceed $6,000,000 (the "Bonds"), upon terms and conditions to the mutually agreed upon between the Authority and the Developer; and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and by Section 15.1-1378.1 of the Code of Virginia, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY: A. The Authority hereby recommends that the City Council of the City of Roanoke, Virginia, approve the issuance of the Bonds. B. This resolution shall take effect immediately upon its adoption. The undersigned Secretary-Treasurer of the City of Roanoke Redevelopment and Housing Authority (the Authority) hereby certifies that the attached resolution was duly adopted by the commissioners of the Authority on October 22, 1990, at a meeting duly called and held at which a quorum was present and acting throughout. S~cretary-Treasurer, City of Roanoke Redevelopment and Housing Authority (SEAL) M#23977 DATE APPROVED ITEM NO. ~ RESOLUTION NUMBER RESOLUTION PROVIDING FOR ASSISTANCE TO UNITED DOMINION REALTY TRUST, INC. IN THE FINANCING OF THE ACQUISITION AND REHABILITATION OF A MULTI-FAMILY RESIDENTIAL RENTAL PROJECT LOCATED IN HENRICO COUNTY, VIRGINIA. WHEREAS, there have been described to the City of Roanoke Redevelopment and Housing Authority (the "Authority") the plans of United Dominion Realty Trust, Inc., a Virginia corporation (the "Developer"), to acquire and rehabilitate a multi-family apartment project of approximately 212 units located in Henrico County, Virginia, known as "Hilliard Road Apartments" (the "Project"); and WHEREAS, the Virginia Housing Authorities Law (the "Act") authorizes the Authority to make loans for assistance in housing construction or rehabilitation by private sponsors within or without its area of operation; and WHEREAS, there being no redevelopment and housing authority in Henrico County, Virginia, the Developer has requested that the Authority agree to issue its revenue bonds in an amount not to exceed $6,000,000 (the "Bonds") under the Act to finance costs incurred in the acquisition and rehabilitation of the Project subject to the approval of the issuance of such Bonds by the Board of Supervisors of Henrico County, Virginia; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY: 1. The Authority hereby agrees to use its best efforts to assist the Developer in every reasonable way to finance the a.cquisition and rehabilitation of the Project and, in particular, to undertake the issuance of its Bonds in an amount not to exceed $6,000,000 upon terms and conditions to be mutually agreed upon between the Authority and the Developer, and to loan the proceeds of such Bonds (the "Loan") to the Developer pursuant to a loan agreement which will provide for the repayment of the Loan in amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds. The Bonds will be issued and secured pursuant to an indenture of trust, note purchase agreement or similar document (the "Indenture") which will provide fcr the M#22911 precise principal amount of the Bonds, the maturity schedule therefor, the interest rate or rates the Bonds will bear and the denominations, forms and other terms of the Bonds and will secure the Bonds by an assignment of all the Authority's rights to the Loan, together with the proceeds thereof and the security therefor. The Bonds will be limited obligations of the Authority payable solely from the revenues pledged thereto pursuant to the Indenture. 2. It having been represented to the Authority by the Developer that it is necessary to proceed immediately with the acquisition and rehabilitation of the Project, the Authority hereby agrees that the Developer may proceed with plans for the Project, enter into contracts for acquisition and rehabilitation of the Project and take such other steps as it deems appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Developer to obligate the Authority to the payment of any moneys or the performance of any acts in connection with the Project or in any other manner whatsoever. The Developer may be reimbursed from the proceeds of the Bonds for costs incurred after the effective date of this resolution in connection with the acquisition and rehabilitation of the Project to the extent permitted under Section 103 and Sections 141 through 150 of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder. 3. The Authority hereby appoints Hunton & Williams, Richmond, Virginia, as bond counsel to supervise the proceedings and approve the issuance of the Bonds, and agrees to accept the recommendation of the Developer with respect to the appointment of an agent or underwriter for the sale of the Bonds pursuant to terms to be mutually agreed upon. 4. The Chairman or Vice-Chairman of the Authority is hereby authorized to institute a proceeding on the Authority's behalf to provide for the judicial validation of the Bonds pursuant %o Article 6, Chapter 5, Title 15.1 of the Code of Virginia of 1950, as amended, if counsel for the Authority or bond counsel shall deem such a proceeding to be necessary or desirable, and, in connection therewith, to take whatever further action, including the taking of an appeal, as is deemed necessary or desirable in order to provide for validation of the Bonds. All costs incurred by the Authority in connection with such proceeding shall be paid by the Developer. 5. The Authority shall perform such other acts and adopt such further proceedings as may be required to implement its undertakings as herein set forth. 6. In adopting this resolution authorizing the issuance of the Bonds, the Authority intends to take "official action" toward M~22911 2 the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to Section 103 and Sections 141 through 150 of the Code. 7. The Bonds shall not be issued until public hearings have been held in both the City of Roanoke, Virginia, and Henrico County, Virginia, as required by Section 147(f) of the Code, and approvals required by applicable Federal and state law have been obtained from the City Council of the City of Roanoke, Virginia, and the Board of Supervisors of Henrico County, Virginia. 8. This financing will be provided pursuant to the Authority's powers contained in Section 36-19(7) of the Act to the extent permitted thereunder, and the Authority acknowledges that Section 36-23 of the Act is in no way applicable to this financing and that the Authority will derive none of the rights in Henrico County, Virginia, accorded by such section. Any other authority may operate in Henrico County, Virginia, without obtaining any further consent from the Authority. 9. Whether the Bonds are issued by the Authority or not, the Developer shall pay or reimburse the costs and expenses incurred by the Authority with respect thereto, including the fees and expenses of its counsel. 10. This resolution shall take effect immediately upon its adoption. M#22911 3 WOODS, ROGERS & HAZL~GI{OV~ (703) 982-4232 December 7, 1990 HAND DELIVERED Ms. Mary F. Parker Clerk of City Council Municipal Building Roanoke, VA 24011 In re: City of Roanoke Redevelopment and Housing Authority; Financinq for United Dominion Realty Truste Inc. Dear Mary: In his letter of December 3, 1990, Wil Dibling requested a few revisions in the proposed City Council resolution which I sent you on November 26. We have made the changes which WI1 requested, and I enclose 15 copies of the revised resolution. Please substitute the revised resolution for the one which I initially sent you. As before, we would like to have Council consider this resolution on December 17. Thank you very much. Should you have any questions, please let me know. Sincerely, WOODS, ROGERS & HAZLEGROVE Alton L. Knighton, Jr. ALKJr:gfw Enclosures cc: Mr. H. Wesley White, Jr. (w/encl.) Mr. Wilburn C. Dibling, Jr. (w/encl.) Ms. Bryar C. Nettles (w/encl.) M#19208 Office of the. City Clerk December 19, ~990 File #226-79 Sr. Theodore J. Edlich Executive Director Total Action Against Poverty P. ©. Box 2868 Roanoke, Virginia 24001-2868 Dear Hr. Edlich: Your communication requesting that City Council set a public hearing to consider a request for tax exemption of proper~y o~,ned by Total Action Against Poverty, was before the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. On motion, duly seconded and unanimously adopted, Council sche- duled a public hearing on the matter for Monday, January 14, 1991, at 7:30 p.m., or as soon thereafter as the ma[ter may be heard. Sincerely, Sandra i~. EaKin Deputy City Clerk SHE: ra pc: Mr. W. Robert Herbert, City Manager Mr. ~'ilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703) 981.2541 Education Employment Health HoUSilIg and Homelessness Ne'~hborhoods Economic Development Crime Prevention Cabell Brand, President Georgia Meadows, Vice President Elizabeth Bowles, Rev. Ealy Ogden, Monty PIymale, D. Stan Barnhill John Berry Betty Carpenter Ehnore Dennis Bettie Epps Ted Feinour Joseph Gaither Jeanne Goddard Cleo Hardy Z~me Jones A. C. Jordan Hilda Larson BetW Liltleton Gertrude Logan Rev. Edgar Mayse Norma Meeks Dorothy Mendenhall A. W. Merrill Rosa M~ler Meredith L. Mills Lewis Nelson Eloise Pack LBwis Peery Larry Renfroe Rev. James W. Reynolds Mal~,a Shakoor W~liam Sparrow Elizabeth Stokes W. D. Ward Charles L Watson Post Office Box 2868 Roanoke, Virginia 24OO1-2868 (703) 345-678I Fax (703) 345-4461 December 12, 1990 Mrs. Mary Parker City Clerk Municipal Building 215 W. Church Avenue Roanoke, Virginia 24011 Dear Mrs. Parker: Please accept this letter as official request that Roanoke City Council set January ]4, 1991 as the date for a Public Hearing on the petition for a resolution supporting tax exemption of property owned by Total Action Against Poverty. The formal petition will follow under separate cover as you instructed. Please feel free to contact me if you need further information. Sincerely, Theodore J. Edlich Executive Director VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM REAL ESTATE TAXATION OF THE PROPERTY OF TOTAL ACTION AGAINST POVERTY IN ROANOKE VALLEY, PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Total Action Against Poverty in Roanoke Valley, a Virginia, non-stock, not-for-profit corporation, is the owner of certain real property located at various locations within the City of Roanoke, Virginia. A detailed description and plats showing the approximate boundaries of the subject real property are attached hereto. 2. Your Petitioner currently uses and/or plans to use the subject real property in various programs and services addressing the root causes of poverty and designed to increase the self-sufficiency of the low income residents of the Roanoke Valley. 3. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 e__t seq. of the Code of Virginia of 1950, as amended, in order that the subject real property and any personal property to be installed therein, (the "Property") and used exclusively for charitable and benevolent purposes in providing programs and services responding to the housing, education, emergency services, employment, health, community development, and recreational needs of the citizens of the Roanoke Valley, be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia, so long as your Petitioner and said programs and services are operated not-for-profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 4. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04(B) of the Code of Virginia of 1950, as amended, after holding a public hearing with respect thereto, where citizens shall have an opportunity to be heard in order that legislation involving the designation of such Property to be exempted from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia, may be presented to the General Assembly of Virginia. Pursuant to Section 30-19.04(B) of the Code, the following questions are submitted for your consideration: 1. Whether the organization is exempt from taxation pursuant to Section 301(c) of the Internal Revenue Code of 1954. (A). Your Petitioner is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, as a charitable institution, namely a Community Action Agency, operated and controlled by a tripartite community board as authorized under the federal Community Services Block Grant Act and the Virginia Community Action Act. See attached document verifying this exemption. 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization, for use on such Property. (A). No alcoholic beverage license has been issued for use on the Property. The Super-X Drug Store on Melrose Block 71, for which no exemption is requested, does have an alcoholic beverage license. It is anticipated that the Northwest Supermarket and a restaurant to be located in the Henry Street Music Center will at some future date become commerical operations at which time they would no longer be exempt from real estate taxation. At such time, they may apply for alcoholic beverage licenses. 3. Whether any director or officer of the organization is paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. (A). Nd officers or directors of your Petitioner are paid compensation in excess of a reasonable._ allowance for salaries or other compensation for personal se£vices 'actually rendered. 4. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A). No part of the net earnings of your Petitioner inures to the benefit Of any individual. The major portion of the services provided by your Petitioner is generated by funds received from donations, contributions or local, state or federal grants. 5. Whether the organization provides services for the common good of the public. (A). Your Petitioner provides and will provide services for the common good of the public. The agency through its more than thirty programs provides education for all ages, preschool through adult; decent affordable housing for the homeless, low income and elderly; employment services for youth and adults; emergency services for battered women; health care for low income children; substance abuse prevention and education to at-risk populations; and community development and technical assistance to low income neighborhood groups. 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A). Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. 7. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A). The Petitioner avers that no rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious convictions, race, color, sex or national origin. 8. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A). Total Action Against Poverty in Roanoke Valley has provided its programs and services to the community for the past twenty-five years without requesting tax exempt status for any of its properties. Although the agency firmly believes in the strengthening of the tax base in the jurisdictions in which it operates, state and federal budget cuts combine with a worsening of the poverty problem to make this petition necessary. 5. It is also agreed that any resolution or ordinance adopted by Council granting this petition may provide for the payment to the City of Roanoke of five percent (5%) of what the real estate tax levy would have been on the real property to be exempted from taxation, in lieu of such tax. WHEREFORE, your Petitioner, Total Action Against Poverty in Roanoke Valley, respectfully requests of the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard, (2) that a recommendation be made to the General Assembly of Virginia that the described Property of Petitioner be designated by a Section within Article 4, Section 58.1-3650 e__t seq. exempting the described Property from taxation so long as your Petitioner is operated not-for-profit and the property so exempt is used for the particular purposes of providing anti-poverty programs and services to the community, (3) that a recommendation be made to the General Assembly of Virginia that the described Property be classified as charitable, and (4) that a five percent (5%) payment to the City of Roanoke may be approved in lieu of the tax that would have been levied on the exempted property. Dennis A. Barbour Moss & Rocovich, P.C. Dominion Bank Building, Suite 900 Roanoke, VA 24011 Counsel for Petitioner Respectfully submitted, Total Action Against Poverty in Roanoke Valley Executive Dyec t or Total Action Asainst Poverty Properties Legal Description of Property 1) S PT L 1-2, B1K 24 RF& H 624 Shenandoah Ave., N.W. Roanoke, VA TM 2113206 2) Lot 4 to 8 INC BLK 34 RF & H 702 Shenandoah Ave., N.W. Roanoke, VA TM 2113105 3) Lot 16, BLK 13 East Gate North Ave., N.E. Roanoke, VA TM 3230416 4) Lot 17, BLK 13 East Gate North Ave., N.E. Roanoke, VA TM 3230417 5) Lot 18, BLK 13 East Gate North Ave., N.E. Roanoke, VA TM 3230418 6) E½, Lot 2, BLK 26 H P Loudon Ave., N.W. Roanoke, VA TM 2211612 7) Lot 13 & PT 14, BLK 43 R F & H Centre Ave., N.W. Roanoke, VA TM 2111917 8) Lot 12, BLK 43 RF & H Centre Ave., N.W. Roanoke, VA TM 2111916 9) Lot 34, BLK 17 N S Rutherford Ave., N.W. Roanoke, VA TM 2021519 Assessed Value Land $ 8,200 Land $ 32,200 Land $ 2,000 Land $ 2,000 Land $ 1,500 Land $ 500 Land $ 3,500 Land $ 2,600 Land $ 800 Annual Taxes 102.50 402.50 25.00 25.00 18.74 6.24 43.74 32.50 10.00 Legal Description of Property Assessed Value Annual Taxes 10) Lots 1-I6 & 12, Alley Land $114,000 $ 6,062.50 Melrose BLK 71 Bldg. 371,000 606,614,616 Nineteenth St. S.W. Roanoke, VA TM 2322001 11) New Tract A Central MFG Corp. Loudon Ave., N.W. Roanoke, VA TM 2013504 12) Acreage, BLK 4 Runnymeade 23 - Twenty Fourth St. N.W. Roanoke, VA TM 2311102 13) Acreage, BLK 4 Runnymeade 23 - Twenty Fourth St. N.W. Roanoke, VA TM 2311102 14) Acreage, BLK 4 Runnymeade 23 - Twenty Fourth St. N.W. Roanoke, VA TM 2311102 Land $ 24,700 Bldg $ 29,300 Land $ 17,900 Bldg. 180,600 Bldg. S 85,000 Bldg. S 34,750 675.00 2,481.24 1,062.50 868.72 Description of Usage of Properties Owned by Total Action Against Poverty in Roanoke V~iey 1. Currently not in use. This property represents a portion of the site of the old TAP headquarters which burned on December 23, 1989. Any future usage of this property will be in accordance with TAP's stated charitable purpose of providing antipoverty programs and services to residents of the Roanoke Valley. 2. Currently not in use. This property is the remainder of the Site of the old TAP headquarters which burned on December 23, 1989. Any future usage of this property will be.~ accordance with TAP'S stated charitable purpose of providing an[lpoverty programs and services to residents of the Roanoke Valley. 3-9., Currently v~cant lots. It is anticipated that these lots will be utilized in the future in the development of affordable housing for low-income and moderate income residents of the City Of Roanoke. 10. 12-14. 11. This property, recently donated to TAP by the Kroger Company, is in the process of being developed. For that portion of the property currently occupied by Super X Drug Store, approximately 35 percent, no tax exemption is requested. TAP requests exemption only for that portion of the property currently not used for cor~ercial purposes, and exemption is requested only for the time until the Northwest Supermarket Project is completed and the property is occupied by a con~ercial supermarket. This property, located in the Henry Street Renewal area and deeded to TAP by the Roanoke Redevelopment and Housing Authority, is currently under development as the Henry Street Music Center, a not-for-profit community performing arts center to be operated by TAP. In its initial phase, the Music Center building will house a kitchen used to feed TAP's Head Start children and provide food for other mass feeding programs such as USDA Sur~er Feeding, Meals on Wheels and Diners Club. In the second phase of development, the center will offer to the public special musical performances on a limited basis and be available for community gatherings. At some time in the far future, as the Downtown North area develops, the center may house a restaurant. At that time, TAP would reql~est no tax exemption for any commercial activity. This property, located at Shaffers Crossing on 24th Street, N. W., is the site of the Transitional Living Center, a facility providing emergency and transitional housing and comprehensive services to the homeless in the Roanoke Valley. · ^:~a NnJ ~ OIEIZEZ ~ l~k, I°/Z Z'EZ ~ I~IgZZ£,Z qOSZZ~Z '~ ~lSZZtz / / I ? / / / / rtl m ~01R916 *v ~01.~ 20129t 2012920 201 2017.921 201; 20127 STRE_E 2013002 ~o,~o~ CONDITIONAL- Internal ReYenu._= Service District Director Total lotion icain~t in -'o'mc ke D~,~m~n, cf the Treasury 31 Hopk.l~; Plaza, 8altimorr~. MD 27201 Person to Contact: Telephone Number: Refer Reply to: Date: (301) ';L ?o3' -'.~ The following information regarding . is furnished in response to your lector dated We have searched our files and can find no reccrd that the organization is exempt from Federal Income Tax. In the even~ the organization wishes to apply for tax-exempt status, the appropriate forms and information are attached. A search of our files indicates that the organization is exemot from Federal Income Tax under Section 5U~(c~(]) =.-, 529(73,1!J ,,i. !70('o)(~)(_13{-i) - - ...... effec:ive .~ ~, ~.c4g A fact sheet containing basic information about the Organiza- tion's tax-exempt status is enclosed. A copy of our letter certifying the status of the Organization is enclosed. A copy of our letter certifying the status of the organization is not available, however, this letter may be used to verify your tax-exempt status. Your change of address has been noted in our files. Our records now indicate your address as: Gerald C. Portney District Director Roanoke, Virginia December 17, 1990 Honorable Noel C. Taylor, Mayor and Members of Council Roanoke, Virginia Dear Mayor and Members of Council: Please reserve space on Council's agenda Monday, December 17, 1990, for a Briefing on Citywide Leaf Collection Program. Respectfully submitted, W. Robert Herbert City Manager WRH:hw Office of the City Clerk DecemOer 19, 1990 File #305 Mr. ~. Robert Herbert City ~anager Roanoke, Virginia Dear ,~r. P~erbert: I am attact[ing copy of Resolution No. 30341-121790 authorizing you to ap~ly to Botetourt County for all necessary permits and approvals to allow the construction of a new Sanctuary facility on the Coyner Springs property. Re~olution No. 30341-121790 was aa~pted by the Council of the City of Roanoke at a regular meeting ~eld on Monday, December 17, 1990. Sincerely, Deputy City Clerk SHE:ra Enc. pc: ~r. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Ritchie, Director of ~uman Resources ~s. Andrea B. Krochalis, Manager, Crisis Intervention Center ~r. Kit ~. Kiser, Director of Utilities and Operations ~r. George C. ~nead, Jr., Director of Administration Public Safety ~r. William F. Clark, Director of PuOlic ~Orks ~r. John R. ~arlles, Chief of Community Planning ~r. Barry L. Key, ~anager, ~ffice of Management and Budget ~s. ~arie T. Pontius, Grants Monitoring Administrator and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 981-2541 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 17th Day of December,, 1990. No. 30341-121790. A RESOLUTION authorizing the City Manager to apply to Botetourt County for all necessary permits and approvals to allow the construction of a new Sanctuary facility on the Coyner Springs property. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to apply, on behalf of the City, to Botetourt County for all permits and approvals which may be required to allow construction of a new Sanctuary facility on the Coyner Springs property owned by the City and located in Botetourt County. The City Manager is further authorized to take any other action required by Botetourt County to obtain such per- mits and approvals. ATTEST: City Clerk Roanoke, Virginia December 17, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Construction of new facility for Sanctuary (Crisis Intervention Center) I. Background: City currently operates crisis intervention center Sanctuary - at 836 Campbell Avenue, SW for children, aged 12 to 17, who are in crisis. Teens usually exhibit runaway, truant and incorrigible behaviors related to some family conflict. City has legal obligation to provide protective services for children determined to be in need of services by Juvenile and Domestic Relations Court or in custody of Department of Social Services. Facility is only crisis/runaway shelter in the western and southwestern region of Virginia, covering approximately 20,000 square miles. Center serves 12 to 14 children at a time for periods up to three weeks, providing a safe environment, counselling, and assessment of the child's and family's needs. Center serves approximately 225 families annually, regardless of family income, but most children are from low and moderate income families. Current building is leased and is in need of extensive rehabilitation work which would have to include the removal of asbestos and correction of other safety hazards. Essential rehab work recently estimated at $100,000 plus cost of asbestos removal. City currently pays up to $30,000 per year for maintenance on building. City does not own building. II. Current Situation: City proposes to build new facility for Sanctuary to serve 15 children at a time, at Coyner Springs. Currently project is estimated to cost $464,300 including $22,500 value of city-owned construction site. City owns land at Coyner Sprinqs in Botetourt County Mayor and Members of City Council Page 2 where current City Nursing Home and Juvenile Detention Home are located. Three potential sources of funding are available to fund construction project, only two of which would be needed: State Board of Youth and Family Services aDDropriated $200,000 as a grant to reimburse City of Roanoke 50% of new facility for Sanctuary. e State Department of Housing and Community Development has tentatively approved a low interest loan of $241,800 at 2% for 20 years under Virginia Housing Partnership Fund Congregate Loan program. Annual debt service would be $14,679. City General fund has budgeted for FY 91, $533,750 to fund interest payments on the sale of the $15.25 million in general obligation bonds as approved by voter referendum on May 1, 1990. It is not anticipated that the bond will be issued before June 30, 1991, therefore funding could be reallocated. It is recommended that $241,800 from this fund be made available for Sanctuary project. Botetourt County Planning Commission has indicated a "Use Not Provided For Permit" will be required to build center on Coyner Springs property currently zoned Agricultural A-t. Council authority is needed to proceed with the "Use Not Provided For Permit" at this time. Additional action by Council is anticipated to be required per the schedule given by Attachment A. III. Issues: A. Timing B. Funding C. Legal D. Services to Roanoke's children IV. Alternatives: Authorize City Manager to aDDly to Botetourt Planning Commission for a "Use Not Provided For Permit" and agree in concept to construction of a new facility for Sanctuary to be located near City Nursing Home at Coyner Springs in Botetourt County, using State grant of $200,000 ~lus $241,800 in City General Fund Debt Service account. Mayor and Members of City Council Page 3 Timing is critical for current project. Commitment of $200,000 reimbursement from State Board of Youth and Family Services is contingent on construction contract being signed by June 30r 1991. Funding would be available from above referenced sources. 3. Legal issues would be addressed by City Attorney. Services to Roanoke's children by improved facility, better environment, and slightly increased bed space (from current 12 to 15). Authorize City Manager to apply to Botetourt Planning Commission for a "Use Not Provided For Permit" and agree in concept to construction of a new facility for Sanctuary to be located near City Nursing Home at Coyner Springs in Botetourt County, using State grant of $200,000 plus $241,800 in a 2% loan from Virginia Department of Housing and Community Development. Timing is critical for current project. Commitment of $200,000 reimbursement from State Board of Youth and Family Services is contingent on construction contract being signed by June 30~ 1991. Loan commitment of $241,800 from Housing and Community Development must be closed by April 19, 1991. See schedule Attachment A. Funding would be available from above referenced sources. Other sources for future construction or rehabilitation are uncertain other than use of City funds. Legal issues would be addressed by City Attorney. A deed of trust will be required to secure the loan from the State Department of Housing and Community Development. The Public Finance Act requires a public hearing prior to the City's incurring this indebtedness, which will be included within the City's debt limit. Council is requested to schedule a public hearing for January 14, 1991. The City Attorney will cause the public hearing to be advertised as required by State Code. Services to Roanoke's children would be improved, by improved facility, better environment, and slightly increased bed space (from current 12 to 15). Do not authorize City Manager to aDDly to Botetourt Planning Commission for a "Use Not Provided For Permit". Mayor and Members of City Council Page 4 Vo Do not authorize City Manager to proceed with construction of new facility for Sanctuary at this time. Timing is such that denial would jeopardize project. Other alternatives for provision of services to children in crisis would have to be examined by staff. e Funding would be uncertain if proposed project could not proceed. Legal issues would not be an immediate concern. Funds could be returned to state from both sources without legal ramifications. Services t__qo Roanoke's children would continue to deteriorate if required to continue in current location. Close existing Crisis Intervention facility and discontinue program, channelling future cases through the Department of Social Services and purchasing protective/counseling services through outside agencies. 1. Timing would not be an issue in this alternative. Funds would no longer be received through the Department of Youth Services Juvenile Block Grant to operate a Crisis Intervention Center. Additionally, funds for new facility would not be needed. Reimbursement to locality for services would be received from State Department of Social Services. The rate of reimbursement would be approximately 50 to 80 percent and could be dependent upon available funding. An analysis of revenues and expenditures for Crisis Intervention Center shows that it is more cost efficient to provide services to these children through Crisis Intervention than to channel those clients through Social Services and purchase services through outside agencies. See Attachment B. Legal issues would be a concern since the City has a legal obligation to provide protective services for children determined to be in need of services by Juvenile and Domestic Relations Court or in custody of Department of Social Services. Services to Roanoke's children would continue but at a higher local cost. Recommendation: Concur in Alternative A thereby authorizing City Manager to Mayor and Members of City Council Page 5 apply to Botetourt Planning Commission for a "Use Not Provided For Permit" and agree in concept to construction of a new facility for Sanctuary to be located near City Nursing Home at Coyner Springs in Botetourt County. Agree in concept to the use of City general fund debt service account funds to match State grant reimbursement funds for construction. Respectfully submitted, W. Robert Herbert City Manager attachment WRH/MTP cc: Assistant City Manager City Attorney Director of Finance Director of Human Resources Director of Utilities and Operations Director of Public Works Director of Administration and Public Safety Chief of Community Planning Manager Crisis Intervention Center Manager Office of Management and Budget Grants Monitoring Administrator M:SANCTUAR.RPT ATTACHMENT A Project Schedule State Housing & Community Development (HCD) set aside announcement Request Permit from Botetourt Co Receive Permit from Botetourt Co Advertise for Architect/Engineering firm Interview A/E firms -- make selection Council authorize loan w/ State HCD Request City Council Approval A/E firm A/E contract documents etc A/E start - review preliminary designs Working drawings & specifications (10 wks) Review by City, Botetourt Co & State Advertise for construction Open bids Council approval Contracts signed, etc Construction (40 wks) Final inspection & corrections Residents and offices moved 10/31/90 12/9/90 1/7/91-1/11/91 1/21/91 1/21/91 1/28/91-2/4/91 2/4/91 2/11/91-4/15/91 4/16/91-4/30/91 5/12/91 6/10/91 6/17/91 6/30/91 7/1/91-4/3/92 4/6/92-4/17/92 5/1/92 M:SANCTUAR.SCH Attachment B Crteie Irttervent]o~ Center A~aJymle ~ Revenue8 and Expendituree For Fiecai Years 19~0, 1900 and 1901 FYlm Black Grant Revenue S199,991 3% F;leeerve Fund,, COLA Revenue 6,649 USI)A Funde 4,311 · Rent Relmbureement 4,060 Total Flevefluee $221 Expendituree Regular Employee 8adariee Overtime Wagoe ?em[)orw'y VV~gee City Retirement FICA Hoepitallzatio~t Ineuranoe Den~ Ineuranoe Life Ineuran~e WIC M®di~J Termination Le&ve W&gee M~Jntanance Contr~t~ F~ for pmfe~ion,,~ ~wk=e~ Telephone NmuraJ ~ Water and Sewage Admtnie~Ta~We 8uppllee Houeekeeplng 8upI)llee Expendable Equipment Motor Fuele and Lubriean~ PublJe, aflone and 8ube(;rJpflone Duee and Membemhipe Training and Development L.oeoJ Mileage Madntenance-Equipment M ~in tenan~e-Butidln ge Food FY log0 ~ ~l(Eatt $209,648 $210,000 0 0 6,187 0 3,778 4,000 3,713 4,050 $170,138 S162,251 $187,012 69 0 0 43,24~ 42.885 36,226 20,216 20,677 22,648 15,830 15,36E 17,078 6,266 8,60E 8,220 308 516 1,738 1,6~0 1 0 102 0 2,916 3,329 0 65 14,9 136 16,281 18,9E~ 16,9E4 2,916 4,2~ 3,000 3,310 3,3~ 4,000 2,297 2.367 3,800 1,498 1,52~ 1,600 1,814 1,472 1,800 2,966 1,62~ 3,000 3,781 2,274 750 1,102 774 1,000 366 546 360 213 270 150 2,023 2,732 2,O00 835 1,100 800 262 62 400 23 206 0 14,6Q6 16,9~ 76G 1,137 2,500 Wearing Apparel 819 5~2 800 Progrm'n Aotivltlee 2,725 3,008 4,000 USDA F_xpenditu re~ 3,824 5,283 0 Insurano~ 0 0 505 Other RenteJ 8,100 7,425 9,300 Purohall~l ~ewicee 6,473 13.524 20,000 M&teriaJe Control 18~ 1~3 200 Management ~ewicee 631 880 800 Motor Vehiolt Malntenan~e 4,183 1,743 3,561 Rlimbumemente (5,811 ) (13.084) (3,000) Other Equipment 5.531 15,940 0 ~ of C ' r ' had Crisis ~ Center no~ ~ee~ ~vailablei In the month of October, Sanctuary worked with 26 adolescents in the residential setting. Had Sanctuary not been available, placemen~ costs for these in- house residents would have been as follows: ~ clients Disposition Monthly Cost 11 Baptist Children's Home $ 8,996.95 4 Presbyterian Home 3,406.67 5 Hughes Memorial Home 16,213.60 1 New Dominion 1,598.70 2 Foster Homes 936.83 3 Juvenile Detention H~me 4,083.40 26 $35,236.15 Cost Recoveries through Social Servl:es (Estimated at 50%) Net Local Cost for Typical Month 17,618.08 $17,618.07 Based on this estimate, in the absence of Crisis Intervention, the annual cost to treat these children would be $211,416.84 ($17,618.07 x 12 months). A Comparison of this cost with the local cost of operating the Crisis Intervention Center is shown below: Crisis Intervention Center Estimate of Annual Local Costs, FY 1990 $125,516 Other Alternatives $211,417 Difference: $85.901 Office of the City Clerk December 19, 1990 File #$7 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. EerDert: Your report recorr~nending that Council concur, in general, ~ith the goals and development of criteria which were recommended for Hill Mountain in a study completed by Rhodeside and Harwell, Inc., was before the Council of the City of Roanoke at a regular meeting held on Monday, Oecember 17, 1990. On motion, duly seconded and unanimously adopted, Council con- curred in the recommendation. Sincerely, SHE:fa Enc. pc: Sandra ~. Eakin Deputy City Clerk Ur. M. Carl Andrews, Chairman, Mill Mountain Development Committee, 2814 Crystal Spring Avenue, S. W., Roa~[oke, Virginia 24014 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and PuDlic Safety Mr. Gary N. Fenton, Manager, Parks and Recreation/Crounds Maintenance Mr. ~illiam F. Clark, Director of Public Works ~r. John R. Marlles, Chief of Community Planning Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke, Virginia December 17, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Mill Mountain Study I. Background: Rhodeside and Harwell, Inc., was hired in May, 1990, to undertake a study of Mill Mountain which would provide the City with the following: 1. Goals and objectives for Mill Mountain. e Maps of sensitive areas/areas for development. Development criteria to evaluate future project proposals. Evaluation of five current proposals using the established goals and development criteria: Restaurant Aerial tram/gondola from downtown D-Day Memorial Phase I - Mill Mountain Zoo expansion Incline (historic alignment) Mill Mountain study was presented to the Plannin~ Commission on November 7 and 21, 1990. A public workshop was held on November 13, 1990, to discuss the goals and development criteria in detail. The development criteria has been revised to reflect comments from the public and the Planning Commission (see attached revised criteria). In sua~nary, both the Commission and the public were supportive of the criteria proposed. Flexibility in administering the criteria was emphasized by both interest groups and the Planning Commission to ensure that all opportunities are adequately considered. At their meeting on November 21, 1990, the Planning Commission unanimously concurred in ~eneral with the goals and development criteria and recommended that they be incorporated in the future update of the City's Park Plan. Members of Council Page 2 Project evaluations completed by Rhodeside & Harwell, Inc. have been made available to the proposers. Based upon their current understanding and information available on the projects, none of the projects evaluated presently meet the critical criteria that have been established. It is anticipated that some projects may be studied further, incorporating the criteria into the design of the project. II. Issues: A. Future goals. B. Guidelines for development. C. Public participation. D. Procedures for project review. E. Future update of City Parks Plan. III. Alternatives: Concur, in general, with the goals and development criteria that have been recommended for Mill Mountain. 1. Future goals for Mill Mountain are established. Guidelines for development, in the form of critical and discretionary criteria, are hereby recommended to be used as a tool for evaluating future development proposals. Public participation has assisted the City in formulating the future goals for Mill Mountain. The development criteria that have been established will provide good ground rules for future projects and protect those aspects of Mill Mountain that are important to the community. Procedures for project review are to be established by the City Manager. It is envisioned that a "project review team" will be appointed by the City Manager to administer the criteria, coordinate proposals, and make recommendations to the City Manager, and ultimately City Council. The Mill Mountain Development Committee will be an important part Members of Council Page 3 of the review team. Other members will include City staff, interested citizens, and professional, technical persons. Future update of City Parks Plan will incorporate goals and development criteria. Further consideration should be given to an overall master plan for Mill Mountain at that time. This would provide additional direction for better planning for the future of the Mountain. B. Do not concur with the recommendations. 1. Future 9oals for Mill Mountain not established. Guidelines for development not agreed upon. Public participation not included in how future development should occur on Mill Mountain. Procedures for project review not clearly established. Future update of City Parks Plan would not include recommended goals and development criteria. IV. Recommendation: It is recommended that City Council agree with Alternative A and concur in 9eneral with the 9oals and development criteria, as currently proposed, for Mi]] Mountain. Respectfully submitted, W. Robert Herbert City Manager CC: Assistant City Manager City Attorney Director of Finance Director of Administration and Public Director of Public Works Manager, Parks and Recreation Chief, Community Planning Safety this prop~ml comply with crlter~? (Circle appropri-~te box) Insufficient B. DISCRETIONARY CRITERI~ (Continued) Yes No D~ta Comments 16. The proposed developmen~ ~,~]! ~o~ 17. Tim propo~d shall avo~ r~way im~o~ stem w~ r~off ~ ~ Mo~. 3.5 0 ID ;m~C~. on ~j~ ~~by avoi~ng ~y u~ to t~ nat~ t~ r~ M. Thc pm~ s~ n~ ~ long-turin by ~ ~. 3~ 0 ID ~m~e~ TOT PROPOSAl. EVALUATION CHECKLIST PROPOSAL: Do~ this proposal comply with (Check appro~rhtz bo~) Insufficient A. CRITICAL CRITERIA Yes No n.t~ Comments 1. The propo~ shall avoid altering ~h~ vege~iw form and/or c~c~g break~ ia the na~al woadhnd caaopy of Mill Motm~aia a~ seen fro~ Dowomwa Roanoke., the Blue Ridge Perkway or Roanolm's neighborhoods. 2. Th~ propo~d c.~,~auctioil ¢h~11 prcserv~ the. Uat'1~'al vv'g~atioa oa Mill Moumaia slopes visible from downtown P. oanok~, th~ Blu~ Ridge Perkway and Roanok~'s neighborhoods. :3. The propo~ shall avoid ~uction on for~ted slopea of 15a~ m' greater. 4. Th~ p~oposal shall avoid blmii~t of tl~ per,at rock and beairock of Mill Mountain which may ~ th~ aquifer ~- natural contours. 5, Thc proposal may expmld On-si~e surfac~ parl~;ng area~ on thc ~op of Mill MormOn only up to 20% of the e~th~g 88 car capacRy a~ of Scptcmher 1990. 6. The proposal ~ avoid consr-,'uctlon which iaterf~:r~ with or is detrlmcatal to stream corridors, drainage swales or aquifer recharge areas. 7. The proposed co~uction ,~h,I1 preserve vistaa from overlook locat/auz. 8. Thc p~c~ developmeat shall preservel rather than compete with Mill Mountain as a natural symbol d Roaaoke. 9. The prop~,~l shall inuoduce only those usta which -- are compatible w/th the overall re~'re, alion env/ronmeat of Mill Mountain, focuilng on its natural 10. The proposed d~velopment ,h~l! prote,~ and pre~-w~, rather th~. GOU~I~t wi& ~1~ ila~ral TOTAL Does tiffs proposal comply with criteria? (Circle uppropriat~ bo~) Imsufficient B. DISCRETIONARY CRITERIA yes No Data ~ Thc prolx~al shall avoid rh~' .-.eea_ for which might ne, cc~i~e t/ae removal of vegetation or al~r tim ~m~ral form of the mountain (e.8. pow~, uiillti~, crc.). 3.5 0 ID 2. Tim propo~t ,-~uction shall utillz~ only thos~ ~ without severe or r~t. ric~cd building ltmli'~tl0nt as ilhatra~ed on the Mill Mountata Inventory and ~,,~!ysis Maps. 3g 0 ID 3. Th~ proposed co,,~i~ uction ~h!t! ~,~l've a,nd protect the natural qualities of Mill Mouatai~ as *i~vecl from the Blue P, idg~ Parkway. 3.5 0 ID 4. The proposed ,,o,~.ruction shall pre.serve dm star as __ the moat visible symbol on Mill Motmtalm . 3.5 0 ID .5. The, ~,iOpoie~ cc. mi~ uctiofl gh~ll prCaorve and protect tl~ natural qn"!i6~ o~ Mill M-o~nt~_Ja as viewed fi'om the downtown oe from Roaaokc'$ nelghborhoodl, 3.5 0 ED Monnr,*;,, as a natural backdrop to surrounding neighborhoods. 33 0 ID 7. Thc pro?~__d co~t~u,.iion shall avoid eX__~'at~ ~ or eh~nge~ to natural azcas on Mill Mo~m !a,_'~. 3.$ 0 ID & TI~ prolx~al ~ prote~ aad ~..~ trees ~th ' calipers greatex ~h~ 12 inches in diameter. 3.$ 0 ID 9. The ~,opo~l de.~n shall bo compatible with t~ ~arural visual eh~,-actcr of Mill Moun~dn az seca from downtown Rolmoke, dm Blue Rid~ Parl~vay, or Roa~oke'~ neighbcehoods. :3.5 0 ID tO. TI~ propos~ de~ shall prescrv~ ~he mraral ~ --' character ot Mill Mauv~-__ $-~ 0 ID 11. The propo~l shn!l l~.ot~t ~i;.v~ and native plant COmmunitio, 3.5 0 ID 12. Thc p~,,,~=,*,~ shall p~ui=ct mature forest area~ and limit ~ re~lowal of forest unde~tory. 3,5 0 ID 13. TI~ pr%nnse_.d ~o~iructlon slufll pre.se~c undeveloped areas ~,,d si~.nlrleant wildlife ha~a~ 3.5 0 ID 14. Th~ pt_%~,o~__.xi d~v~l~p~..~ shall haw~ acce~ to exisfi~ utilities f~ water md ~W~r or shall provid~ tot ~heir exansion ia camplianc~ with ~ criteria esrabli~.d herela. 3.$ 0 ID 15. Thc proposal ~ comtrucl parks or roads ii: required, om'y an slopea of I~ than 1~/~. 3.5 0 ID Roanoke, Virginia December 17, 1990 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Mill Mountain Study Please reserve space on Monday's agenda for a report on the above-referenced matter. Respectfully submitted, W. Robert Herbert City Manager WRH:mpf STATEb~NT ON BEH~LP OF D~ILL I'~,'~OU ~£AIN ~Ol~I!l~ ENDORSING RHODESIDE & HAR~ELL R~?ORT TO CITY COUNCIL: IL]C~H'~'~BER 17,1990 ~(embers of the 7-member Diill l'~ountain Development Co~ittee met with representatives of Rhodeside & Harwell and had a full discussion of details of mountain plan~ing. There has been no meeting of the i, litl l','[ountain Development Con~_~ittee since that vime,pending presentation of Rhodeside & Harwell's report. I should point out that this is the ['irst detailed and comprehensive study of the mountain pursuant to three previous studies (1)~Stanley Aboott (1965); ~arks Dept. Revision ~19$7)mwhen this con~ittee was first appointed; and (1972) Ken Wilson (Groundhog ~ountain) Assoczates. The Rhodeside & Harwell report now before you (Covu~cil) coincides and parallels the efforts of ~,,,~ill ~,~ountain Development Co~m~ittee since its origin. Our objectives have always been (1) To carry out the and conditions of the deeds of gift from ~.J.B.Fishburn that the Nountain be used solely for park and recreation purposes and (2) To protect the natural topographical features ~f this unique possession of the City of Roanoke. terms Your Co~ittee endorses the 10 ~dandatory Criteria as well as the 30 Regulatory criteria suggested by Rhodeside & Harwell for Setermining the feasibility of any suggested projects or revisions for the mountain. Two permanent fixturem already were in place on the mountain when your co~ittee was ~poointed: (1) The Star (1949) and the Children's Zoo (1952). Principal developments under co~mmittee auspices from 1967 ~o ~he present are: (1) The Fishburn ~emorial Parkway and monument; (2) The Wildflower Garden, conceived by the c~mmittee and planned and developmd by the ~dill I,~ountain Garden Club; (3)Revision o~ the parking lot and roads (4) Regrading the mountaintop,placing of power and other utilities underground and (5) Construction of a reception center and restroom facilities plus (6) installation of new caretaker quarters.. Your Co~aittee ~uggests these additional items: 1. A restaurant or adequate food servi~s remains an important need which should be met promptly. 2. Early a~reement with the Zoo Board about the future of its proposed expansion. 3. Authority for the Parks and Recreation Dept. to regulate any licensed or unlicensed food or refres~aent facilities. -2- 4.Establis~nnent of p~,ocess for receiving,evaluatio~ and making decisions on any pending or future proposals for ~ny additional construction or revision of existing features. l,iembers of your Diill I~ou_~tain Development Conm~ittee are available to meet with City Council for in-depth study,reco~m~endations or decisions at any time. tee spedtfully, ~rl And~ews,Chairma , ~Iount ain Development Committee Office of the City Clerk December 19, 1990 File #22-236 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30342-121790 authorizing you or your designee to execute, on behalf of the City of Roanoke, Amendment ~o. 2 to the Grant Agreement with ~enta[ Health Services of the Roanoke Valley, dated January 16, 1990. Resolution No. 30342-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. Sincerely, SHE:ra Enc. pc: Dr. Sandra H. Eakin I)eputy City Clerk Fred P. Roessel, Jr., Executive Director, Mental Health Services of the Roanoke Valley, 301 Elm Avenue, S. ~., Roanoke, Virginia 24016 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Ritchie, Director of Human Resources Ms. Donna S. Norvelle, Human Resources Coordinator Mr. ~illiam F. Clark, Director of Public Works Mr. Brian J. ~ishneff, Chief of Economic Development Hr. John R. Marlles, Ci[ief of Community Planning Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of December, 1990. No. 30342-121790. VIRGINIA, A RESOLUTION authorizing the City Manager or his designee execute, on behalf of the City of Roanoke, Amendment No. 2 to Grant Agreement with Mental Health Services of the Roanoke Valley, dated January 16, 1990. to the BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or his designee and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City of Roanoke, upon form approved by the City Attorney, Amendment No. 2 to the Grant Agreement with Mental Health Services of the Roanoke Valley, said Grant Agreement being dated January 16, 1990, and being authorized by Resolution No. 29909-1890, adopted January 8, 1990, for renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W., all of which is more particularly set forth in the City Manager's report dated December 17, 1990. ATTEST: City Clerk. Roanoke, Virginia December 17, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Amendment No. 2 to the Grant Agreement with Mental Health Services for renovation of the Detoxification Center on Shenandoah Avenue, N.W. I. BACKGROUND: ae City Council approved the FY 1989-1990 Community Development Block Grant (CDBG) program on April 10, 1989, by Ordinance No. 29512. CDBG 1989-1990 CDBG Droqram included a matching grant to Mental Health Services of the Roanoke Valley (MHS) for the renovation of the Alcohol Detoxification and Rehabilitation Center (ADRC) at 801 Shenandoah Avenue, N.W. Ce City Council appropriated CDBG funds on June 26, 1989 by Ordinance No. 29637, including $84,000 for the ADRC renovation. De Council authorized a grant agreement, by Resolution No. 29909-1890 adopted on January 8, 1990, between the City and MHS for renovation of ADRC. Ee Council authorized Amendment No. 1 to grant agreement by Resolution No. 30215-82790 adopted on August 27, 1990 to increase grant agreement by $40,000 to provide for elevator and other improvements. II. CURRENT SITUATION: ae Renovations on ADRC began in March 1990 and are progressing. Contractor nas not completed work as originally scheduled, and needs additional time. Be Current agreement with Mental Health Services expires December 31, 1990. Ce Current agreement with MHS will need to be amended to extend the contract time by six months to allow the renovations to be completed. Amendment will involve no additional funds. Honorable Mayor and Members of City Council page 2 III. ISSUES: A. Cost to the City. B. Timing. C. Community Development Objectives. D. Drug and alcohol detoxification services for low income Valley residents. IV. ALTERNATIVES: ae Authorize the City Manager to execute the attached Amendment No. 2 to the Grant Agreement with Mental Health Services of the Roanoke Valley to extend the current agreement by six months for renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. Cost to the City will be no additional funds other than those already committed. Timing is important, since current agreement expires December 31, 1990. Community development objectives of improving citizen safety and providing treatment for drug abuse would be addressed. Drug and alcohol detoxification services for low income Valley residents, provided in a safe, accessible facility, would remain available. Be Do not authorize the City Manager to execute the attached amendment to the Grant Agreement with Mental Health Services of the Roanoke Valley. Cost to the City would be nothing initially. Future costs would be realized if treatment for drug and alcohol abuse cannot be adequately provided through this facility. Timing would be a problem, since MHS would be unable to have access to funds to complete renovations. Community development issues would not be fully addressed through this project. 4. Drug and alcohol detoxification treatment for low income Valley residents, provided in a safe and accessible facility, would be at risk. Honorable Mayor and Members of City Council page 3 RECOMMENDATION: It is recommended that City Council concur with Alternative A and authorize the City Manager to execute the attached Amendment No. 2 to the Grant Agreement with Mental Health Services of the Roanoke Valley for the renovation of the Alcohol Detoxification and Rehabilitation Center at 801 Shenandoah Avenue, N.W. Respectfully submitted, W. Robert Herbert City Manager WRH:mtp cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Resources Chief of Economic Development Chief of Community Planning Grants Monitoring Administrator Human Resources Coordinator Executive Director, Mental Health Services of the Roanoke Valley B:AMEN2MHS.RPT AMENDMENT NO. 2 to MENTAL HEALTH SERVICES of the Roanoke Valley Grant Agreement THIS AMENDMENT, entered into this day of , 1990 by and among the CITY OF ROANOKE, VIRGINIA, a municipal corporation chartered under the laws of the Commonwealth of Virginia (hereinafter, the "City"), and MENTAL HEALTH SERVICES of the Roanoke Valley (hereinafter, Subgrantee). WHEREAS, the City and the Subgrantee have, by a Grant Agreement dated January 16, 1990, contracted for alterations and additions to the two-story alcohol and drug detoxification center at 801 Shenandoah Avenue, N.Wo (Authorized by City Council by Ordinance No. 29909-1890, adopted January 8, 1990); and WHEREAS, by Ordinance No. 30125-62590 adopted June 25, 1990, Roanoke City Council authorized additional funding for the renovation of the Alcohol Detoxification & Rehabilitation Center (ADRC) as part of the FY 1990-91 Community Development Block Grant (CDBG) program; and WHEREAS, additional time is needed for the contractor to complete renovations to the building; and WHEREAS, by Resolution No. adopted , Roanoke City Council authorized an extension of six months additional time for the Grant Agreement; NOW, THEREFORE, the City and Subgrantee do mutually agree to amend the Grant Agreement as follows: Part 2. TIME OF PERFORMANCE, revised to read as follows: This Agreement shall be for the period of January 1, 1990 through June 30, 1991. Agreement may be extended with the written agreement of both parties. The Agreement shall remain unchanged in all other terms and provisions. Amendment No. 2 page 2 IN WITNESS WHEREOF, the City and Subgrantee have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk W. Robert Herbert, City Manager ATTEST: MENTAL HEALTH SERVICES of the Roanoke Valley Fred P. Roessel, Jr. Executive Director Office of the City Clerk December 19, 1990 File #174-102 Mr. ~. Rooert Herbert City ~anager Roanoke, Virqinia Dear ~r. Herbert: I am attaching copy of Ordinance No. 3~343-121790 authorizing you or your designee to execute an agreement with the Norfolk and ~estert~ Rail~ay Company providing for the raising and repair of the Firs~ Street Bridge, upon certain terms and conditions. Ordinance No. 30343-121790 was aaop[ed by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. Sincerely, Sandra H.- Eaki Deputy City Clerk SHE:ra pc: Mr. Tom Bracy, Bridges and Structures Division, Eorfolk Southern Corporation, 99 Spring Street, S. W., Atlanta, Georgia 30303 Mr. WilOurn C. Dibling, Jr., City Attorney ~r. William F. Clark, Director of Public Works ~r. Charles M. Huffine, City Engineer ~r. Robert K. Bengtson, Traffic Engineer Room 456 Municipal Buliding 215 Church Avenue, S.W, Roanoke. Virginia 24011 (703) 981-2541 3. In order to provide for the usual daily operation of the municipal Eovernment, an emerEency is deemed to exist, and this ordinance shall be in full force and effect upon its passaEe. ATTEST: City Clerk. Roanoke, Virginia December 17, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Raising and Rehabilitation of First Street Bridge, N.W. I. Backsround: Norfolk Southern Corporation (NS) is working on a plan to clear all height restrictions to double-stacked trains on their system between Norfolk and Bristol, Virginia by mid-1991. Approximately twenty (20) clearance improvements are being made, ineluding the enlargement of a tunnel in Montgomery County and the open cutting of a tunnel in Shawsville. First Street Brid~e, with an existing vertical clearance of 19½ feet for the railway, is the only structure in the City of Roanoke which prevents NS from bringing double-stacked trains through Roanoke. The desired vertical clearance is 23 feet. (Note: Railway tracks beneath the Fifth Street Brid~e pro- vide sufficient alternatives to allow double-stacked trains to pass beneath this bridge, however, complete replacement of the Fifth Street Bridge within the next few years will pro- vide better clearance for more railway tracks.) Maintenance of the existing 315-foot long bridge, which was built in 1892, is presently shared on a fifty-fifty basis by the City and NS in accordance with an agreement dated February 18~ 1946. The structure is in need of repair at this time. Need to retain bridge for future vehicular and pedestrian use is desirable to link the Henry Street area with Downtown Roanoke, as a supplement to the Second Street/Gainsboro Road project (see attached map). Page 2 II. Current Situation: III. Norfolk Southern Corporation has developed construction plans and specifications for raising the First Street Bridge to provide the necessary clearance for double-stacked trains, as well as for repairs needed to maintain the bridge for limited vehicular use (4-ton weight limit) as desired by the City. The cost of approximately $300~000 to implement the raising and the cost of $70~000 for repairs would be completely funded by NS. This should eliminate the need for the City to make major repairs to this bridge for several years. NS has requested that the City enter into an agreement with them to permit this work. They have also requested that the agreement include a provision for the City to assume respon- sibility for all future maintenance of the bridge. Maintenance responsibilities would not begin until NS work is completed and accepted by the City. NS will indemnify City and name City as additional insured on insurance. First Street Bridse would need to be closed to traffic for approximately 3½ months to allow raising and repairs to be completed. The bridge carries approximately 3~200 vehicles per day which can be distributed throughout the other railroad crossings (Fifth Street Bridge, Second Street grade crossing, and Williamson Road), while continuing to maintain acceptable levels of service for traffic. (First Street Bridge now carries approximately 300 vehicles per day more than prior to the Viaduct closing, of which there are 160 more vehicles during the 4:30 - 5:30 p.m. peak hour.) Temporary closures to Norfolk Avenue and Shenandoah Avenue will also be needed. Schedule desired by NS would require that the bridge be closed by mid-February, 1991 and reopened in early June, 1991. This schedule would not delay the start of construc- tion for the Second Street/Gainsboro Road project which is scheduled to begin as early as July, 1991. Issues A. Norfolk Southern B. Fundin~ C. Timin$ D. Traffic E. Future Maintenance Page IV. Alternatives: A. Authorize the City Manager to execute, on behalf of the City, an agreement with Norfolk Southern Corporation to permit NS to raise and repair the First Street Bridge at 100% cost to NS and to establish a new agreement for all future main- tenance to be 100% City cost. Norfolk Southern would be able to increase the vertical clearance that would enable double-stacked trains to pass through Roanoke. 2. Funding for raising and repairing the bridge would be 100% NS cost. Timing is available to allow NS to complete their work (mid-February thru early-June, 1991) without delaying the Second Street/Gainsboro Road project. 4. Traffic can be accommodated on alternative routes while bridge is closed. 5. Future maintenance would be 100% City responsibility and is estimated to average $5~000.00 annually. B. Do not authorize the City Manager to execute the agreement with Norfolk Southern. Norfolk Southern would need to seek alternative methods to increase the vertical clearance needed for double- stacked trains. One possible alternative would be to lower the railroad tracks. 2. Funding would not be an issue. 3. Timing for NS to achieve unrestricted clearance by their goal of mid-1991 would be in jeopardy. 4. Traffic would not be an issue· 5. Future maintenance would continue to be shared on a fifty-fifty basis by the City and NS. Recommendation is that City Council authorize the City Manager to execute, on behalf of the City, an agreement with Norfolk Southern Corporation to permit NS to raise and repair the First Street Bridge at 100% cost to NS and to establish a new agreement for all future maintenance to be 100% City cost. Page 4 WRH/RKB/mm Attachment: Map cci City Attorney Director of Finance Director of Public Works City Engineer Respectfully submitted, W. Robert Herbert City Manager ORANGE AVENUE C MAOISON PROPOSED BT., ~.W.I (~AINI, BORO RD, AVENUI GILMER AVEN LEGEND CHURCH I~ SCHOOL LIBRARY PARK AYENL FUTURE WILL8 AVINUI ¢ONNIOTION FIRST s'rR~.E,T B,I~iDci~E Office of the City Clerk December 19, 1990 File #192 Mr. ~. Robert Herbert City Malinger Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Resolution No. $~344-121790 accepting the Did of Sorensen Chris[ian Industries, Inc., in tt~e total amount of $18,910.61, to furnish and deliver portable basketball Dackstops at the ~oanoke Civic Center. Resolution No. 30344-121790 was adopted by the Council of the City of Roanoke at a regular meeting heia on ~onday, December 17, 1990. Sincerely, SHE:fa Enc. pc: Sandra H. Ea~in Deputy City Clerk Hr. George C. gnead, Jr., Director of Aaministration Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities Mr. D. Oarwin Roupe, Manager, General Services and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 ~703) 981.25,11 Office of the City Clerk December 19, 1990 File #192 Mr. ~illiam B. Austia Nation, al Sales Sore,~sen Christian Industries Box No. 1, qiqhway 210 - West Angler, North Carolina 27501 Dear Mr. Austin: I am enclosing copy of Resolution NO. 30344-121790 accepting the bid of Sorensen Christian Industries, Inc., in the total amount of $18,910.61, to furnis~ and deliver portable basketball backstops at the Roanoke Civic Center. Resolution ~o. 30344-121790 was adopted by the Council of t~ie City of Roanoke at a regular meeting held on Monday, December 17, 1990. Sincerely, SHE: ra Enc. Sandra t~. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 9812541 Office of the City Clerk December 19, 1990 File #192 Hr. Nelson ~yper ~uyer C~T Sporting Goods 3441Brandon Avenue, S. W. Roanoke, Virginia 24015 Dear Hr. Hyper: I am enclosing copy of Resolution No. 30344-121790 accepting the bid of $orensen Chris~ian Inaustries~ Inc., in the to~al amount of $18,910.61, to furnish and deliver portable basketball Dac~stops at the Roanoke Civic Center. Resolution No. 3~344-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. ©a behalf of the Mayor and ~embers of City Council, I woula like to express appreciation for submitting your bid on the above~ describe~ portable basketball backstops° Sincerely, SHE: ra Enc . Sandra H. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk Oecember 19, 1990 File #192 Mr. Timothy R. Brownson Sales Representative Brownson Equipment Company P. O. Box 13268 Ricamond, Virginia 23225 Dear Mr. ~rownson: I am enclosing copy of Resolution No. 30344-121790 accepting the bid of Sorensen Christian Industries, Inc., in the total amount of $18,910.6i, to furnish and deliver portable basketball backstops at the Roanoke Civic Center. Resolution No. 30344-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described portable basketball backstops. Sincerely, SHE: ra Ene. Sandra R. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of December~ 1990. No. 30344-121790. VIRGINIA, A RESOLUTION providing for the purchase of portable basket- ball backstops at the Roanoke Civic Center, upon certain terms and conditions, by accepting a bid made to the City for fur- nishing and delivering such equipment and rejecting other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of $orensen-Christian Industries, Inc., made to the City offering to furnish and deliver to the City, f.o.b., Roanoke, Virginia, portable basketball backstops at the Roanoke Civic Center for the sum of $18,910.61 is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal, and the terms and provisions of this ordinance. 3, The other bids made to the City for the supply of such equipment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. ATTEST: City Clerk. Roanoke, December Virginia 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Bids to Purchase Portable Basketball Backstops Bid Number 90-11-61 I concur with the recommendation of the Bid Committee relative to the above subject and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia December 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Bids to Purchase Portable Basketball Backstops Bid Number 90-11-61 I. Backqround ~P_P_~__RFg~9_otlI in use by the Civic Center were original equipment items and have been in service for twenty {20) years. U%~fu~..~_nd__~grki~g life of present backstops has been exceeded. In addition, present backstops do not meet the NCAA requirements for securing movable competition goals to the playing surface. Specifications were developed for new portable basketball backstops to be used in the Roanoke Civic Center. Bid reguests were sent specifically to eight (8) vendors. A public advertisement was also published in the Roanoke Times and World News on November 21, 1990. Bids were received until 2:00 P.M. on December 4, 1990 at which time all bids so received, were publicly opened and read in the Office of the Manager of General Services. II. Current Situation ThE9~ L31__b~_rgspo~9~ were received. tabulation of those bids received is attached. A Portable Basketball Backstops Bld Number 90-11-61 Page 2 III. ~b~_d~ rgceiye__d were evaluated in a consistent manner by representatives of following: the Civic Center Administration and Public General Services Safety C. Bid Evaluation is as follows: The lowest bid, submitted by CMT Sporting Goods, took exception to equipment lifting mechanism by providing hydraulic only instead of electric/hydraulic as specified. The electric/hydraulic mechanism allows for ease of operation and lockable control panel to prevent tampering and unauthorized use or adjustments to the unit. ~9_S.~_gp_g_d_~p~es~ biG, submitted by Brownson Equipment Company, also took exception to the electric/hydraulic lifting mechanism. Their bid was for hydraulic lifting only. An optional electic motor to assist lifting is available but they did not include that option in their bid. The third lowest bid, as submitted by Sorensen-Christian Industries, Inc., meets all required specifications. Issues in Order of Importance A. Need B. Compliance with Specifications Portable Basketball Bid Number 90-11-61 Page 3 Backstops IV. Alternatives Cg~Dg_il ~9R~__t~e__~.9.we~ ~9.s~onsible bid ~eet~n~..D31 specifications, to furnish and deliver portable basketball backstops, as submitted by Sorensen-Christian Industries, Inc. for the total amount of .$~10.61. N~9~ - Requested equipment is necessary to properly provide for basketball games held at the Roanoke Civic Center, including the 1991 Metro Conference Tournament. ~_Qmpliance with Specifications - The bid submitted by Sorensen-Christian Industries, Inc., meets all required specifications. Fpn~ AvpiL~biL~tj - Funds are available in the Civic Center Capital Account No. 005-050-2105-9015 to provide for this purchase. B. R_e.j.ec_t _al l__B_i_ds Ne~ - The proper working and necessary equipment needed to properly provide for basketball events at the Civic Center would not be addressed. Com]~_l_%_anc__e_ _w.~_t.h_ Spe_c i f_i_c__a_t__ip_ns - would not be a factor in this alternative. 3. Fund Availability - would not be a factor in this alternative. Portable Basketball Backstops Bid Number 90-11-61 Page ~ Recommendation Council Concur with Alternative "A" - accept the bid meeting specifications, to furnish and deliver portable basketball backstops, as submitted by Sorensen-Christian Industries, Inc., for the total amount of $~,910.61 and reject the other bids. Respectfully Submitted, Committee: D. Darwin Roupe cc: City Attorney Director of Finance 0~ 0 o o o 0 0 0 o oo Office of the City Clerk December 19, 1990 File #514 Mr. ~'. Robert Herbert City ~anager aoano~e, Virginia Dear Hr. Herbert: I am attaching copy of Ordinance No. 30347-121790 providir[g for all phases of right-of-way acquisition for tae widening and realig~ment of Second Street/Gainsboro Road to be conducted in accordance with approved procedures of the Virginia Department of Transportation. Ordinance ~o. 30347-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. Sincerely, SHE: ra Eric . Sandra H. Eakin Deputy City Clerk pc: Mr. ~ilburn C. Dibling, Jr., City Attorney ~r. ~illiam F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer Mr. Robert K. Bengtson, Traffic Engineer ~r. Kit B. Kiser, Director of Utilities and Operations Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (7031 981.2541 IN THE COUNCIL FOR THE CITY OF The 17th Day of December, .1990. No. 30347-121790. ROANOKE, VIRGINIA, A RESOLUTION providing for all phases of right-of-way acquisition for the widening and realignment of Second Street/ Gainsboro Road to be conducted in accordance with approved proce- dures of the Virginia Department of Transportation. WHEREAS, the Virginia Department of Transportation and the City of Roanoke propose to construct the widening and realignment of Second Street Gainsboro Road within the corporate limits of Roanoke, between Salem Avenue and Orange Avenue and has pre- viously prepared and submitted to the City Council plans for the same, designated as State Project U000-128-116, RW201, which are to be approved for right of way by the Commonwealth Transpor- tation Board; and WHEREAS, it is the opinion of the City Council that the said construction or other improvements will be of immediate and con- tinuing benefit and advantage to the City. NOW, THEREFORE, BE IT RESOLVED, that the City of Roanoke, through its City Council, hereby agrees that it will perform all phases of the right of way acquisition program in regards to relocation advisory assistance with the assistance of the Roanoke Redevelopment and Housing Authority in accordance with approved policies and procedures of the State. Sufficient records of all transactions will be kept for a period of not less than three years after payment of the final voucher or that they be turned over to the Virginia Department of Transportation. Such records shall be made available to State Representatives. The City understands that where any payment or costs are made that do not conform to policies and procedures, that the State will not par- ticipate in this cost. BE IT FURTHER RESOLVED THAT the Commonwealth of Virginia, its officials and its employees, harmless from any and all claims for damages of whatsoever nature that may arise from the owners, tenants or lessees of adjoining or nearby lands, as a result of the offering of relocation advi- sory assistance. City further agrees to save the ATTEST: City Clerk. Office of the Cit~y Clerk December 19, 1990 File #514 ,Ur. ~. Robert Herbert City ~anager Roanoke, Virgin a Dear mr. Herbert: I am attaching copy of Grdinance No. 30346-121790 authorizing acquisition of certain real property for widening and reali~[ment of Second Street/Gainsboro Road from Orange Avenue, ~. ~., ~o Salem Avenue, S. ~.; authorizing you to take appropriate action for purchase of this property; and authorizing the City's acquisition of this property by condemnation, under certain cir- cumstances. Ordinance No. 30346-121790 was adopte~ by the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. Sincerely, 5HE: ra Enc. pc: Sandra H. Eakin Deputy City Clerk Mr. ~ilburn C. Dibling, Jr., City Attorney ~r. ~illiam F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer ~r. Robert K. Bengtson, Traffic Engineer Ur. Kit B. Kiser, Director of Utilities and Operations Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th Day of December, 1990. No. 30346-121790. AN ORDINANCE authorizing acquisition of certain real property for widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N.W. to Salem Avenue, S.W.; authorizing the City Manager to take appropriate action for purchase of this property; authorizing the City's acquisition of this property by condem- nation, under certain circumstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the widening and realiEnment of Second Street/Gainsboro Road from Orange Avenue, N.W. to Salem Avenue, S.W., the City wants and needs fee simple title, with appurtenant rights, to the proper- ties as set forth in the report to this Council dated December 17, 1990, copies of which are on file in the Office of the City Clerk, and are incorporated by reference as a part of this ordinance. The proper City officials are authorized to acquire this land for the City for the amount of the final appraised value, the amount nego- tiated by the City administration and the landowner, the exchange of similar City-owned property, or the amount of any condemnation award. 2. A public necessity and use exists for the acquisition of said property and immediate acquisition by purchase or condem- nation is necessary and expedient. 3. The City Manager is authorized to contract with said landowners on behalf of the City .for purchase of such properties for amounts or property exchanges deemed appropriate. Upon acceptance of any offer and upon delivery to the City of a deed, approved as to form by the City Attorney, the Mayor and City Clerk are authorized to execute and attest, respectively, any appropriate deed of exchange and the Director of Finance is directed to pay the agreed upon amount to the owners of the interests conveyed, certified by the City Attorney to be entitled to the same. 4. Should any real estate the City be unable to agree with the owners of to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owner be a person under disability lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney, as well as the City Manager, Mayor, Director of Finance and other appropriate City officials shall be authorized and directed to take any and all action necessary in connection with condemnation or legal proceedings to acquire for the City the appropriate real estate under Article 7, Section 33.1-89, et seq, of Chapter 1 of Title 33.1, of the Code of Virginia (1950), as amended, and Chapter 1.1, Section 25-46.1, et seq, of Title 25 of the Code of Virginia (1950), as amended, including, without limi- tation, issuance, execution, and recordation of an appropriate certificate and accompanying documentation pursuant to $33.1-119, et seq, Code of Virginia (1950), as amended, vesting title to the subject property immediately in the City, and the Director of Finance, upon request of the City Attorney, and directed to draw and pay into, Court the connection with such proceedings. 5. In order to provide municipal government, ordinance shall be in shall be authorized appropriate sums in for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and Membersof City Council Roanoke, Virginia Roanoke, Virginia December 17, 1990 Dear Members of Council: Subject: Second Street/Gainsboro Road Right-of-Way Acquisition I. Back~round Risht-of-way acquisition for widening and realignment of Second Street/Gainsboro Road from Orange Avenue, N.W. to Salem Avenue, S.W. was authorized by City Council at its meeting on October 1, 1990 by Ordinance No. 30255-10190. That right-of-way is identified in the attachment to this report. This project phase does not include any work that will be required for Wells Avenue road realignment. II. Current Situation Project phases for engineering, right-of-way, and construction con- tinue to be fast-tracked. Commonwealth Transportation Board action on this project is anticipated at its December 20, 1990 meeting. Right- of-way acquisition process by the City can begin as early as January, 1991. Section 33.1-89 et seq.~ Code of Virginia (1950)t as amended, the State Code section establishing highway department acquisition pro- eedures for right-of-way acquisition and condemnation is appropriate because project is being implemented by City under agreement with the Virginia Department of Transportation. This Code section provides for more expeditious acquisition which is desired here to help fast-track this project. Authorization to use State highway department procedure is needed from City Council. Virginia Department of Transportation also requires a City Council resolution that all phases of right-of-way acquisition program in regards to relocation advisory assistance will be performed in accor- dance with approved policies and procedures of the State. (The Roanoke Redevelopment Housing Authority has previously agreed to provide these relocation assistance services for this project.) Where payment or costs are made that do not conform to policies and procedures, the State will not participate in such cost. Further the City agrees to save the Commonwealth of Virginia, her officials and employees, harmless from any and all claims for damages of whatsoever nature that may arise from the owners, tenants or lessees of adjoining or nearby lands, as a result of the offering of relocation advisory assistance. Page 2 III. Issues A. Timin$ B. Legal requirements IV. Alternatives Authorize the acquisition of the necessary right-or-way for 82 parcels identified on the attachment to this report and providing for appropriate City officials to have authority for acquisition and con- demnation proceedings as necessary using Section 33.1-89, et seq., Code of Virginia (1950), as amended, and advise the Virginia Department of Transportation that all phases of right-of-way acquisi- tion program in regards to relocation advisory assistance will be performed in accordance with State policy. 1. Timing of the roadway project right-of-way can continue to be fast-tracked. 2. Legal requirements for the project are met. B. Do not authorize the use of Section 33.1-89, et seq., Code of Virginia (1950), as amended, for this roadway project. 1. Timing of the roadway project right-of-way acquisition could be delayed. 2. Legal requirements continue to be addressed by Section 25 as pre- viously authorized. Recommendation is that City Council authorize the acquisition of the necessary right-or-way for 82 parcels identified on the attachment to this report and providing for the appropriate City officials to have authority to acquire and conduct condemnation proceedings as necessary using Section 33.1-89, et seq., Code of Virginia (1950), as amended, and advise the Vir- ginia Department of Transportation that all phases of right-of-way acqui- sition program in regards to relocation advisory assistance will be per- formed in accordance with State policy. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/fm Page 3 ce: Director of Finance City Attorney Director of Public Works Director of Utilities & Operations City Engineer O~ C o~ 0 0 0 0 0 0 0 0 Z Z Z Z 0 O~ 0 0 o o Office of the City Clerk December 19, 1990 File #1-60 ~r. Joel M. Schlanger Director of Finance Roanoke, Virginia Oear Mr. Sci~langer: Your report with regard to ihe audited designated fund balance for the year ended June 30, 1990, was before the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, SHE: ra Sandra H. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke. Virginia 24011 (703) 981.2541 December 17, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Audited Designated Fund Balance Report for the Year Ended June 30, 1990 On August 13, 1990, I provided you with a status report of the financial condition of the City for fiscal year 1990. As of that time, I reported to you that the figures presented were unaudited and that I would report to you upon completion of the audit. The audit by our independent auditors has now been completed and there was only one audit adjustment that decreased the Reserve for Capital Maintenance and Equipment Replacement (CMERP). The balance reported to you on August 13, 1990, of $2,374,224 (unaudited), has been decreased to $2,337,658. The adjustment was an account payable to the Greater Roanoke Transit Company which was increased by $36,566. The following analysis reflects the CMERP balance available for appropriation from FY90: Fiscal Year Less Amount Ord. No. 30210 30248 30261 30295 30308 30309 30323 1990 CMERP Appropriated: Purpose School Buses Cable TV Contract Thirlane Road Project Personal Property Proration School Roof Replacement Law Library Civic Center Renovations CMERP Available for Appropriation School city Administration Total $ 1,667,297 $ 670,361 $ 2,337,658 13,930) 125,000) 25,891) 30,704) 260,000) 1.211r772 (171,700) ( 13,550) $ 485,111 171,700) 13,930) 125,000) 25,891) 13,550) 30,704) 260,000) $ 1,696,883 Honorable Mayor and Members of City Council Page 2 December 17, 1990 Per the requirements established in Ordinance No. 26292 passed by City Council on December 6, 1982, setting up this Reserve, the entire $2,337,658 has been designated -- leaving no undesignated funds at fiscal year end. I am pleased to certify that the remaining sum of $1,696,883 is available for appropriation. JMS/pac cc: W. Robert Herbert Wilburn C. Dibling, Jr. Richard L. Kelley CITY OF ROANOKE, VIRGINIA COMPUTATION OF CAPITAL HAII~T~ANCE AND EQUIP~fENT REPLACEMENT RESERVE PER ORDINANCE NO. 26292 Total General Fund Budget FY1988-89 Deduct General Fund Debt Service Requirement Maximum Designated Capital Maintenance & Equipment Replacement Reserve Amount Designated CMERP 6/30/90 Consumer Utility Tax in Excess of Estimate Designated for Flood Reduction Net CMERP to be Allocated $ 153,333,002 10% 15,333,300 8,378,447) $ 6,954,853 2,776,408 ( 438,750) $ 2,337,658 ANALYSIS OF ~ JUNE 30, 1990 City Administration Revenues in excess of estimate Unexpended appropriations Increase in insurance reserve Local tax revenue over estimate $ 363,191 1,213,004 ( 250,000) 341,102 $ 1,667,297 School Administration Revenues in excess of estimate Unexpended appropriations Increase in Worker's Compensation Equity Local tax revenue over estimate $ 59,989 296,710 ( 1,202) 314,864 $ 670,361 Total Amount designated "CMERP" FY1989-90 $ 2,337,658 CITY OF ROANOKE, VIRGINIA ANALYSIS OF GEI~KIiAL FuND EQUITY JONE 30, 1990 June 30, 1989 Fund Equity: Reserve for Encumbrances Worker's Compensation CMERP Insurance Reserve Reserve for Pension Contributions Fiscal Year 1990 Revenues Fiscal Year 1990 Expenditures: (Excludes Encumbrances) June 30, 1990 Fund Equity $4,486,684 26,470 5,826,608 1,321,770 250,000 $ 11,911,532 144,287,606 (149,155,006) $ 7,044,132 ANALYSIS OF MuND EQUITY JuNE 30, 1990 Reserve for Encumbrances Worker's Compensation Insurance Reserve City Administration School Administration CMERP $1,271,770 300,000 $ 2,668,282 27,672 1,571,770 2,776,408 Total $ 7,044,132 Office of the City Clerk Oecember 19, 1990 File #270-60 Mr. [~. Robert r, lerbert City ~anager Roanoke, Virginia Dear Mr. ~e,bert: Your report with regard to recommended expenditures to address critical Capital ~aintenance and Equipment Replacement needs, was before the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. On motion, duly seconded and unanimously adopted, Cou~tcil con- curred in the recommendation. Sincere ly, Sandra H. Eakin Deputy City Clerk SHE: ra pc: ~,~r. Joel ~. $chlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke, Virginia December 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Subject: Recommended Expenditures To Address Critical Capital Maintenance and Equipment Replacement Needs Dear Members of City Council: I. Back round: $9.764.033 i__n Capital Maintenance and EeuiDment Replacement Needs were included as City Administration General Fund Supplemental Budget Requests for Fiscal Year 1990-91. The School Administration identified capital maintenance and equipment replacement needs at a cost of an additional $1,685,000. Critical capital needs in the amount o__f $2,482,565 were identifie~d through a process of prioritizing requests based on city-wide evaluation criteria. Fiscal Year 1989-90 General Fund Balance designated for Capital Maintenance and Equipment Replacement for Fiscal Year 1990-91 (per Council Ordinance No. 26292) is $2,337,658. This lundin9 is divided between the City and School Administrations, as follows: * City Administration * School Administration $1,667,297 670,361 A report from the Director of Finance regarding this matter is included on City Council's agenda today. Honorable Mayo~ and City Couneil Page 2 Available funding from Fiscal Year 1989-90 General Fund Balance (CMERP) for City and School Administrations is shown below: Fund Balance (CMERP) Appropriations To Date Balance Available City Admin. $1,667,297 (455.525) $1,211,772 School Admin. $670,361 (185,250) $485,111 Available funding from Fiscal Year 1990-91 General Fund Budget previously authorized for equipment replacement for the City Administration is shown below: Equipment Replacement Appropriations To Date Balance Available $600,000 (5,732) $594,268 In addition, Fiscal Year 1990-91 General Fund Budget funding previously authorized and available for equipment replacement for the School Administration, in the amount of $150,000, was included within the Roanoke City Public Schools' adopted operating budget. Available fundinq from additional sources for City Administration critical capital maintenance and equipment replacement needs is shown below: Debt Service ($255.000) - The sum of $533,750 was budgeted for Fiscal Year 1990-91 to fund interest payments on the sale of $15.25 million in general obligation bonds as approved by voter referendum on May 1, 1990. As the bonds were not issued during the first six (6) months of the current fiscal year, $255,000 of the funding budgeted is recommended to be reallocated. The balance of the amount of debt service budgeted, ($278,750), would remain within the General Fund debt service budget. Honorable Mayor and City Council Page 3 Fire Program Grant Funds ($205.000) - A receivable account could be established in the Grant Fund to act as a source of funding. $65,000 is currently available from Fire Program Grant Funds for Fiscal Year 1990-91. An additional $70,000 could be made available each year for the next two fiscal years from the ongoing program grant. Funding for the Fire Program Grant comes from a surcharge placed on homeowner insurance premiums which is provided to localities on an annually recurring basis· This funding has, in years past, been used to purchase turnout gear, fire prevention related tools and equipment and specialized training opportunities. The remaining annual balance of Fire Program Grant funds available should be sufficient to maintain the current level of responsiveness· Insurance Reserve ($200,000) - This funding is recommended to be made available from the City's insurance reserve to replace the Fire Department's Pumper Engine #13. This equipment was recently damaged beyond repair in an accident which took place as staff responded to a fire emergency. Sale of Two (2) Fire Pumper Engines ($40,000) - Two (2) pumper engines which do not meet the the National Fire Protection Association's advisory design and safety standards could be sold through trade magazines at an anticipated value of $40,000. There appears to be a market for older equipment with less pumping capability among rural communities served by volunteer organizations. City Council's ~ is required for expenditure of the following funding sources: 1. Fiscal Year 1989-90 General Fund Balance (CMERP) per Council Ordinance No. 26292. 2. Fiscal Year 1990-91 General Fund budget previously authorized for equipment replacement. funding 3. Debt Service. Honorable Mayor and City Council Page 4 4. Fire Pro.ram Grant Funds. 5. Insurance Reserve. 6. Sale o__f 12) Fire Pumper En.ines. II. Issues: A. Critical Capital Needs o_~f City B. Availabilit of Funds C. Timing o~f Planned E end'tures III. Alternatives: City Council approve recommended ex__~diture list of critical capital maintenance and equipment-- replacement needs for the City Administration (see Attachment A). Funding for items will be appropriated after actual competitive bids/proposals are received and recommended for City Council's approval. Critical Needs of City - Purchase of these items will address the City's most critical capital maintenance and equipment replacement needs. Availabilit of ~unds - Total funding of $1,211,772 is available from the Fiscal Year 1989-90 General Fund Balance (CMERP) . Total funding of $594,268 is available from the Fiscal Year 1990-91 General Fund Budget Contingency Equipment Replacement account. In addition, total funding of $700,000 is available from: debt service ($255,000), Fire Program Grant funds ($205,000), insurance reserve ($200,000), and the sale of pumper engines ($40,000). Honorable Mayor and City Council Page 5 Timing of Planned Expenditures - Due to current fiscal conditions, the timing of expenditures for critical capital needs should be evaluated on a case by case basis. All critical capital needs approved at this time, which exceed $15,000 in cost, will be presented to City Council for appropriation during this fiscal year. These needs are listed in priority order in Attachment A. City Council not approve recommended expenditure lists of capital maintenance and equipment replacement needs for the City Administration. 1. ~ritical Needs of City - Critical capital needs of the City will not be met. Availabilit of Funds - Funds will continue to be available from the Fiscal Year 1989-90 General Fund Balance (CMERP) and Fiscal Year 1990-91 General Fund Budget Equipment Replacement account. In addition, funds will continue to be available in the amount of $700,000 from available debt service ($255,000), Fire Program Grant funds ($205,000), insurance reserve ($200,000) , and the sale of pumper engines ($40,000} will be delayed. Timing of Planned Exoenditure~ - Timing of expenditures for critical capital needs will not be an issue. Honorable Mayor and City Council Page 6 IV. Recommendation: Recommendation is that City Council adopt Alternative "A" which will approve for purchase during Fiscal Year 1990-91 the critical capital maintenance and equipment replacement needs identified in Attachment A on an appropriation timetable subject to City Council approval. W. Robert Herbert City Manager WRH:KTB Attachment cc: City Attorney Director of Finance ATTACHMENT A FISCAL YEAR 1990-91 CRITICAL CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT NEEDS PLAN OF EXPENDITURE UTILIZING THE FOLLOWING AVAILABLE FUNDS: Fiscal Year 1989-90 General Fund Balance (CMERP) $ 950,000 Debt Service 255,000 Fire Program Grant Funds 205,000 Insurance Reserve 200,000 Sale of (2) Pumper Engines 40,000 TOTAL $1,650,000 Fire Apparatus: The City of Roanoke does not have a fire apparatus replacement policy. The nationally accepted estimated useful life of fire apparatus is fifteen (15) years of maximum front-line service and five (5) years of reserve service. Since 1950, our Fire Department has purchased only twenty (20) first-line pieces of fire apparatus. This is half the rate of acquisition of one per year necessary to keep the fleet operating at full efficiency and effectiveness. Currently reserve apparatus must be used as first-line equipment twenty- five (25) to forty (40) percent of the time. * Fire - (6) 1,500 GPM Pumper Enqines ($1.200,000) Pumper Enqine #4: Pumper engine #4 is a 1975 engine located at Fire Station #4 (3773 Aerial Way Drive SW) and currently utilized as front-line apparatus to respond to 129 fire incidents to-date during 1990. Although this engine pumps 1,500 GPM, it does not meet National Fire Protection Association (NFPA) advisory design and safety standards because firefighters must ride "tailboard" on the engine. There has been a history of injuries relating to the tailboard feature. Because of its weight proportions, this engine was designed as a tanker only, not as transport for personnel. It was purchased as ATTACHMENT A [Cont 'd) o Pumper Enqine #4 (Cont'd) : "non-custom equipment" (along with Pumper Engines #12 and #13) , in an attempt to provide fire protection services in a timely fashion to the city-annexed areas in 1976. Its limited horsepower could also result in less timely emergency response. This engine will be sold upon replacement. Replacement will ensure that the First Responder Program conducted from Fire Station #4 is efficient and effective. Pumper Engine #12: Pumper engine #12 is a 1975 engine located at Fire Station #12 (4810 Salem Turnpike NW) currently utilized as front-line apparatus. It has responded to 166 fire incidents so far in 1990. Although this engine pumps 1,500 GPM, it does not meet NFPA advisory design and safety standards as firefighters must ride "tailboard" on the engine. There has been a history of injuries relating to the tailboard feature. Because of its weight proportions, this engine was designed as a tanker only, not as transport for personnel. It was purchased as "non-custom equipment" (along with Pumper Engines #4 and #13), in an attempt to provide fire protection services in a timely fashion to the city-annexed areas in 1976. This engine will be sold upon replacement. Pumper Engine #13: Pumper engine #13, formerly stationed at 4330 Appleton Avenue NW, was recently damaged beyond repair in an accident which occurred while responding to a fire emergency - one of the 269 fire incidents this engine responded to during 1990. The 1976 engine, utilized as front-line apparatus, did not meet NFPA advisory design and safety standards because firefighters had to ride "tailboard". There has been a history of injuries relating to the tailboard feature. Most recently, a city firefighter sustained a broken collarbone and several broken ribs when the truck overturned. Because of its weight proportions, this engine was designed as a tanker only, not as transport for personnel. It was purchased as "non-custom equipment" (along with Pumper Engines #4 and #12), in an attempt to provide fire protection services in a timely fashion to the city-annexed areas in 1976. 2 ATTACHMENT A (Cont'd) Pumper Engine #14 (New 460 East Station): A new 1,500 GPM pumper engine is required to serve the fire protection needs of the rapidly growing Orange Avenue corridor from the new 460 East Fire Station on Mecca Street NE. The new fire station is scheduled to open during December of 1991. In the future, this station will also provide First Responder service to emergency medical incidents. Pumper Engine #7: Pumper Engine #7 is a 1969 engine, utilized daily, currently located at Fire Station #7 (1742 Memorial Avenue SW) . This engine, which responded to 355 fire incidents thus far during 1990, does not meet NFPA advisory design standards as it has the capacity to pump only 750 gallons per minute (GPM} with a 150 gallon water tank. It cost $4,000 to maintain this apparatus during 1989 and involved 850 hours of "down time". This time out-of-service includes preventive maintenance as well as time spent awaiting repair parts that are difficult to obtain. This 57,000 mile engine will be placed in the reserve fleet. pumper Engine #5: Pumper Engine #5 is a 1972 engine, which has been in continuous service at Fire Station #5 (216 12th Street NW) for 83,000 miles. This engine does not meet NFPA advisory design standards as it has the capacity to pump only 1,000 GPM with a 150 gallon water tank. As a result of its age and some 700 incident responses per year, it averaged over $4,000 in annual maintenance costs over the last five years and required 348 hours of "down time" during 1989. This engine will be placed in the reserve fleet. Its limited horsepower could also result in less timely emergency response. This engine will be placed in the rerserve fleet. 3 ATTACHMENT A (Cont 'd) Fire - (1) 121-Foot Aerial Ladder Truck ($450.000) - This fully equipped, aerial ladder truck will replace a 1950 65-foot ladder truck currently utilized as reserve equipment at Fire Station #6 (1333 Jamison Avenue SE). This ladder truck does not meet NFPA advisory design and safety standards. The braking and steering systems are antiquated and unreliable. Although maintenance costs only average $2,000 per year, this truck required 885 hours of "down time" in 1989. The 131,000 mile, 1950 model will be sold. ATTACHMENT A (Cont ' d) II. PLAN OF EXPENDITURE FOR BALANCE REMAINING OF FUNDS AVAILABLE FOR FISCAL YEAR 1989-90 GENERAL FUND BALANCE (CMERP): $261,772 Police - {15) Marked Sedans {$225,000) - Fifteen (15) existing police sedans have met the 70,000-mile replacement criteria established by the City. The estimated useful life of police sedans is one (1) to three (3) years. Timely replacement will facilitate safety and prompt response time. VirGinia Western Community Colleqe (VWCC) Site Development for New Classroom Laboratory ($33.365) - VWCC has requested the second installment of the $68,000 commitment the City made last fiscal year in contribution towards $184,000 in site development costs for a new laboratory building. Site development costs for the project are traditionally cost-shared by the six (6) surrounding local governments based upon a formula which factors the percent of students served, the true valuation percent, and the population percent per locality. The distribution formula utilized addresses the State requirement that community colleges obtain site work money from non-general funds. According to top VWCC staff, all contracts have been signed to begin construction and the State is expected to release its tentative freeze on the approved $2.8 million in funding at any time. CONTINGENCY BALANCE REMAINING FISCAL YEAR 1989-90 GENERAL FUND BALANCE (CMERP) $3,407 ATTTACHMENT A (Cont'd) III. PLAN OF EXPENDITURE FOR EQUIPMENT REPLACEMENT FUNDS AVAILABLE $594,268 Refuse Collection - 20 Cubic Yard Rear Loader ($95,500) - Refuse Collection has three (3) 20 Cubic Yard Rear Loaders which have been used on a daily basis for fifteen (15) to eighteen (18) years. The estimated average useful life of each loader is ten (10) years. Annual maintenance costs for these trucks range from $9,600-$21,000. The loader which is the most costly to maintain will be replaced at this time. Social Services - (1) Automobile ($11,500) - This automobile will replace an eleven (11) year old vehicle that has over 114,000 miles and cost more than $2,300 to maintain last fiscal year. The estimated useful life of automobiles is seven (7) to ten (10) years. Purchase of a new vehicle will provide a reliable and safe form of transportation as City staff conduct outreach services for foster children, child protective services investigations and ensure client access to necessary services. Partial state reimbursement for the cost of the automobile will not be available due to recent state budget reductions. Street Maintenance - (1) Highway Line Striper ($135.000) - The City's existing highway line striper uses oil-based traffic paint, recently determined to be a hazardous material. The Environmental Protection Agency (EPA) plans to phase out its approval of the use of oil-based traffic paint by 1995. According to Street Maintenance Department research, it would cost an estimated $74,250 annually to contract out the striping of 850,000 linear feet of center lines and 500,000 linear feet of edgelines on pavement throughout the City. This quote does not include the cost of marking crosswalks, directional arrows and streets newly repaved as part of the annual paving program. The City would need to have the equipment and personnel to serve these needs as well. Based on this information, it seems clear that the purchase of a highway line striper equipped to use water based/latex paint is the most cost effective approach to addressing this critical health and safety issue. 6 ATTACHMENT A (Cont' d) Recvclin~ Truck ($57,200) - The purchase of this vehicle will enable the City to comply with Phase II of the Recycling Task Force Report and Recommendations as adopted by City Council on February 20, 1990. The State mandated recycling goal is to recycle 25% of the waste stream by 1995. A grant sponsored by the Regional Solid Waste Management Board will fund 35% of the total cost ($88,000) of the truck, resulting in the net cost shown of $57,200. 10.000 Recvclin~ Bins (S130.000) - Purchase of these bins will enable the City to implement the second phase of voluntary residential collection of certain recyclable materials in accordance with the recycling task force recommendations. A grant sponsored by the Regional Solid Waste Management Board will fund 35% of the total cost {$200,000) of the bins, resulting in the net cost shown of $130,000. Emergency Medical Services - (1) Ambulance ($40.000) - The 70,000 mile, 1985 model, first-line vehicle owned by the City's volunteer EMS providers Roanoke Emergency Medical Services, Inc. (REMS), requires weekly maintenance - a cost of about $5,000 annually paid by the volunteers. When this ambulance is out-of-service, a 1983 model reserve unit, of equal mileage, must provide first line service. The estimated useful life of an ambulance is three (3) years and 50,000 miles. Purchase of this ambulance will facilitate timely response of career/volunteer EMS personnel to all requests for emergency medical services in accordance with the performance standards as adopted by City Council. Grounds Maintenance - (1) Streetsweeper ($85.000) - Grounds Maintenance has developed a six ~6) year plan to replace its aging fleet of seven (7) street sweepers. Currently in service are two (2) fifteen (15) year old sweepers, three (3) fourteen year old sweepers, and two (2) five (5) year old sweepers. The estimated useful life of street sweepers is ten (10) years. This funding implements the first year of the plan, which recommends replacing one sweeper per year. The fifteen (15) year old sweeper scheduled to be replaced cost $16,472 to maintain last fiscal year. ATTACHMENT A [Cont' d) Siqnals & Alarms - Municipal Fire Alarm System (MFAS) Conduit & Cable ($20,000) - These fundu will enable the repair and replacement of underground conduit and cable feeding municipal fire alarm boxes on Salem Avenue S.W., and Norfolk Avenue, S.W. in the core area of the Central Business District (CBD) , as well as relocation of main feeder cables to various sections of the city. Improvement to the City's fire alarm system addresses the health, safety and welfare needs of this community. CONTINGENCY BALANCE REMAINING EQUIPMENT REPLACEMENT $20,068 8 Office of the City Clerk December 19, 1990 File #1-79 Mr. Joel ¥~. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: Your report with regard to the ~et-Off Debt Collection Program, was before the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. ©n motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, SHE: ra Sandra H. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 {703) 9812541 December 17, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Set-Off Debt Collection Program The Set-Off Debt Collection Program is a process by which any administrative unit of State, County, City or Town Government, including Departments, Institutions, Commissions and Authorities, or the State Court System, can cooperate with the Virginia Department of Taxation to identify debtors who qualify for individual income tax refunds and to collect delinquent debts. The Set-Off Debt Collection act set forth in Sections 58.1-520 through 58.1-535 of the Code of Virginia charges the Department of Taxation with the responsibility of administering the Set-Off Debt Collection Program. In addition, Sections 58.1-4000 through 58.1-4028 of the Code of Virginia permits certain prizes from the State Lottery Program to be subject to the delinquent debts of the Set-Off Debt Collection Program. The City of Roanoke has been a the beginning of the program in 1985. collection process has been followed, Collections submits participating agency since Once the appropriate legal the Office of Billings and the amount of the debt and information about Honorable Mayor and Members of City Council December 17, 1990 Page 2 a debtor to the Department of Taxation. If the debtor files a Virginia Income Tax Return and has an overpayment credit or wins more the $100.00 in the State Lottery Program, the amount of the refund or lottery winnings can be reduced by the debt. Through our involvement with this program, the City of Roanoke has realized approximately $200,000 in collections since 1985. Claims must be submitted annually and do not carry over from one year to the next. During 1990, 908 debtors were located and $50,248 was collected. The program was particularly effective in collecting debts incurred by debtors who had vacated the State but had been employed in Virginia for part of 1989. The 1991 claim year was submitted includes the following categories: Personal Property Taxes Demolitions Claims Judgments Library Materials Miscellaneous A/R Parking Tickets Weed Claims Water/Sewer Bills on November 1, 1990 and 1,445 240,953.10 16 38,652.70 374 85,171.74 430 25,348.89 82 15,153.01 894 13,997.26 61 17,340.14 897 53~146.27 4,181 489,763.11 The City will continue to add, delete or modify claims throughout 1991 through our on-line access to the State Tax Accounting and Reporting System. Sometime in 1991 the City will add another information center for locating debtors. A contract The Honorable Mayor and Members of City Council December 17, 1990 Page 3 was signed last month with the Virginia Employment Commission to allow us to trace for debtors through their employment data base files. During this particularly difficult upcoming budget year, my staff is very aware of the City's need to collect every dollar possible of delinquent debt in as timely a manner as possible. The Set-Off Debt Program compliments our other collection strategies and allows us to collect many debts that would otherwise be impossible to secure. This report is for your information only and no action is required. JMS:s cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Office of the City Clerk Oecember 19, ~Y90 File #24A Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~4r. Herbert: I am attachin~ copy of Ordinance No. 3~348-121790 amending and reoruaining ~28-28, Exemptions, of the Code of the City of Roanoke (1979), as amended, to include an exemption from the requirement of obtaining a solicitation permit for any person holding a valid raffle permit. Ordinance No. 30348-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. Sincerely, SHE: ra Enc. pc: Sandra H. Eakin Deputy City Clerk The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. ~eckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. ~. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief ana Domestic Relations District Court The Honorable Fred L. Hoback, Jr., and Domestic Relations District Court The Honorable Joseph ~. Clarke, II, and Domestic ~elations District Court Judge, Juvenile Judge, Juvenile Judge, Juvenile Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981.2541 Mr. ~. Robert Herbert December 19, 1990 Page 2 Edward S. Kidd, Jr.. Chief Judge, General Julian H. Raney, Jr., Judge, General District Richard C. Pattisal, Judge, General District The Honorable District Court The Honorable Court The Honorable Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Patsy Testerman, Clerk, Circuit Court ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court mr. Ronald Albright, Clerk, General District Court Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Joel m. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the ~agistrate, p. 0. Box 13867, Roanoke, Virginia 2403? Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, p. 0. Hox 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th Day of December, 1990. No. 30348-121790. AN ORDINANCE amending and reordaining §28-28, Exemptions, of the Code of the City of Roanoke (1979), as amended, to include an exemption from the requirement of obtaining a solicitation permit for any person holding a valid raffle permit; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 28-28, Exemptions, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §28-28. ~xemptions. (a) The following persons shall be exempt from the requirement of obtaining a solicitation permit, but shall otherwise be subject to the provisions of this article: (8) Organizations which hold a valid raffle permit obtained pursuant to section 21-67, to the extent of the conduct of any raffles covered by such permit only and for no other purpose. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. December 17, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Proposed Change to Section 28-28 of Roanoke City Code - Solicitations Roanoke City Code Sections 28-1 through 28-29 deals with solicitation requirements within the City of Roanoke. Current practices require that persons who conduct raffles for charitable organizations are required to obtain a Solicitation Permit from the Office of the City Manager. In June, 1990, Roanoke City Council adopted Sections 21-65 through 21-77.1 of the Code of the City of Roanoke regulating Bingo and Raffles conducted in this City. This ordinance also requires that persons who conduct raffles for charitable organizations obtain a Raffle Permit from the Director of Finance. In order to eliminate this duplication, I am requesting that City Code Section 28-28 Exceptions be amended to include an exemption to eliminate the requirements that a Raffle Permit Holder obtain a Charitable Solicitation Permit to conduct a raffle in the City of Roanoke. This exemption will not relieve the charitable organization from being subject to the provisions of 28-1 through 28-19. It will only relieve them from the requirement of obtaining a Charitable Solicitation Permit. The Honorable Mayor and Members of City Council December 17, 1990 Page 2 The attached ordinance has been prepared to amend 28-28 to reflect this exception in Roanoke City Code. JMS:s Attachment CC: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Deborah J. Moses, Chief, Billings and Collections Office of the City Clerk December 19, 1990 File #24A-285 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30349-121790 amending and reordainiag subsection (1) of §21-73, Prohibited practices, of the Code of the City of Roanoke (1979), as amended, to provide for the employment of persons by organizations composed exclusi- vely of and for deaf or blind persons as clerical assistants in the conduct of bingo games or raffles only for such organiza- tions. Ordinance No. 30349-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday. December 17, 1990. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: Enc o pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. ~eckstein, Judge, Circuit Court The Honorable Diane M. gtrickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 Eas[ ~ain Street, Salem, Virginia 24153 The Eo~orable ~. O. Clemens, Judge, Circuit Court, P. 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Juage, Juvenile Domestic Relations District Cour~ The Honorable Fred L. Hoback, Jr., Judge, Juvenile Domestic Relations District Court The Honorable Joseph ~. Clarke, II, J~dge, Juvenile Domestic Relations District Court Room 456 Municipal Building 215 Church Avenue, S.W Roanoke, Virginia 24011 (703) 981-2541 and and and Mr. ~. Robert Herbert December 19, 1990 Page 2 pc: The Honorable Edward S. Kidd, Jr. Chief Judge Ceneral District Court ' The Honorable Julian H. Raney, Jr. Judge, General District Court ' The Honorable Richard C. Pattisal Judge, General District Court ' The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mro Wilburn Co Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ns. Deborah J. Moses, Chief of Billings and Collections Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, p. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, p. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of December, 1990. No. 30349-121790. VIRGINIA, AN ORDINANCE amending and reordaining subsection (1) of §21-73, Prohibited practices, of the Code of the City of Roanoke (1979), as amended, to provide for the employment of persons by organizations composed exclusively of and for deaf or blind per- sons as clerical assistants in the conduct of bingo games or raffles only for such organizations; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (1) of §21-73, Prohibited practices, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §21-73. Prohibited practices. (1) Except for persons employed as clerical assis- tants by organizations composed exclusively of and for deaf or blind persons, no organization shall enter into a contract with or otherwise employ for compensation any person, firm, association, organization, partner- ship or corporation of any classification whatsoever for the purpose of organizing, managing or conducting bingo games or raffles. Persons employed by organiza- tions composed exclusively of and for deaf or blind persons may receive remuneration not to exceed thirty dollars per event for providing clerical assistance in the conduct of bingo games or raffles only for such organizations. Any organization composed exclusively of and for deaf or blind persons that employs a person not a member to provide clerical assistance in the con- duct of bingo games or raffles shall have in force fidelity insurance written by an insurer licensed to do business in the Commonwealth of Virginia. However, this subsection shall not prohibit the joint operation of bingo games under §21-77. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. December 17, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Proposed Change to Bingo Raffle Ordinance In June, 1990, Roanoke City Council adopted Sections 21-65 through 21-77.1 of the Code of the City of Roanoke regulating Bingo and Raffles. Section 21-73(A) of the Code specifically deals with the prohibition against organizations employing any person, firm, association, organization, partnership or corporation of any classification whatsoever for the purpose of organizing, managing or conducting Bingo Games or Raffles for compensation. Section 18.2-340.9.E, Code of Virginia (1950), as amended, was amended effective July 1, 1990 to allow an exception to permit organizations composed of or for deaf or blind persons to employ persons as clerical assistants to conduct Bingo or Raffles only for such organizations. Persons employed by organizations composed of or for deaf or blind persons may receive remuneration not to exceed thirty dollars per event for providing clerical assistance in the conduct of Bingo Games or Raffles. The attached ordinance has been prepared by the Office of the City Attorney to amend Section 21-73(A) to reflect this The Honorable Mayor and Members of City Council December 17, 1990 Page 2 exception in the Roanoke City Code. JMS:s Attachment cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Deborah J. Moses, Chief, Billings and Collections Office of the City Clerk December 19, 1990 File #192 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. ~ert~ert: I am attachinq copy of Ordinance No. 30351-121790 accepting the bid of ~arsteiler Corporation, in the total amount of $20,097.00, for construction of eight new restroom floors in the Roanoke Civic Center Coliseum. Ordinance No. 30351-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Oecemoer 17, 1990. Sincerely, Sandra H. Eakin Deputy City Clerk S[~E: ra Enc, pc: Mr. Joel M. Schlanger, ~irector of Finance Mr. Ceorge C. Snead, Jr., Director of Administration and Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities Mr. ~illiam F. Clark, Oirector of Public ~orks Mr. Charles M. Huffine, City Engineer Ms. Sarah E. ?itton, Construction Cost Technician ~r. Barry L. Key, Manager, Office of Manageme~Lt and Budget Ms. Dolores C. Daniels, Assistant to the City ~anager for Community Relations Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 19, 1990 File #192 Mr. Elmer D. ~otdway Vice-President ~arsteller Corporation P. O. Box 13226 Roanoke, ~irginia 24032 Dear ~r. Holdway: I am encZosing copy of Ordinance No. 30351-121790 accepting the bid of Marsteller Corporation, in the total amount of $20,097.00, for construction of eight new restroom floors in the Roanoke Civic Center Coliseum. Ordinance No. 30351-121790 was adoptea by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, ~990. Sincerely, SHE: ra Enc. Sandra H. Eakin Deputy City Clerk Room 486 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 {703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th Day of December, 1990. No. 30351-121790. AN ORDINANCE accepting the bid of Marsteller Corporation for construction of eight (8) new restroom floors in the Civic Center Coliseum, upon certain terms and conditions, and awarding a con- tract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emer- gency. BE follows: 1. The bid of Marsteller Corporation made the total amount of $20,097.00 for construction IT ORDAINED by the Council of the City of Roanoke as to the City in of eight (8) new in restroom floors in the Civic Center Coliseum such bid being full compliance with the City's plans and sp~cifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. municipal government, ordinance shall be in In order to provide for the usual daily operation of the an emerEency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk December 19, 1990 File #60-192 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virqinia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30350-121790 amending and reordaining certain sections of the 1990-91 Civic Center Fund Appropriations, by transferring $22,100.00 from Civic Center Retained Earnings to a new capital account, to provide funds for construction of new toilet floors at the Roanoke Civic Center Coliseum. Ordinance No. 30350-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. Sincerely, SHE:ra Enc. pc: Sandra H. Eakin Deputy City Clerk Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Bob E. Chapman, ~anager, Civic Facilities Mr. ~illiam F. Clark, Director of PuDlic Works Mr. Charles M. Huffine, City Engineer ds. Sarah E. ~itton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 INT-~.COUNCIL OF .r-~¢ITYOFROANOKE, vI~GINIA The 17th Day of December, 1990. No. 30350-121790. AN ORDINANCE to amend and reordain certain sections of the 1990-91 civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riati ns Capital Outlay from Revenue New Toilet Floors - Coliseum (1) .................... $1,184,094 22,100 Retained Earninas Retained Earnings - Unrestricted (2) ................ $1,751,386 1) Approp. from General Revenue 2) Retained Earnings - Unrestricted (005-050-8634-9003) (005-3336) $ 22,100 (22,100) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia December 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report New Toilet Floors Civic Center Coliseum 710 Williamson Road, N.E. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/fm Attachment: Bid Committee Report oc: City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety Citizens' Request for Service City Engineer Manager, Civic Center Construotio~ Cost Technician Roanoke, Virginia December 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BID COMMITTEE REPORT NEW TOILET FLOORS CIVIC CENTER COLISEUM 710 WILLIAMSON ROAD, N.E. ROANOKE, VIRGINIA I. Backsround: Bids, following proper advertisement, were publicly opened and read aloud before City Council on December 10, 1990, for New Toilet Floors (8) in the Civic Center Coliseum. Be One (1) bid was received from Marsteller Corporation of Roanoke, Virginia, in the amount of $20~097.00 and 24 consecutive calendar days. II. Current Situation: There are eight (8) public toilets on the concourse level of the Coliseum. The floors in these toilets are quarry tile that was installed when the Coliseum was built. These floors have broken bond with their setting bed and a lot of tile has actually broken com- pletely loose. The floors need to be replaced for the safety of the people attending functions in the Coliseum as well as improved aesthetics. Be This pro0ect covers the removal and disposal of the existing deteriorated quarry tile and its replacement with a monolithic flooring system composed of a quartz granule aggregate imbedded in a clear epoxy mastic. C. Pro0ect was advertised in the local paper and also given to F. W. Dodge Construction News Service for wide coverage. Marsteller Corporation is the franchised dealer for this type of flooring in this portion of the country. It is a trowel applied flooring similar to terrazzo but without the terrazzo cost. Page 2 III. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Funding for the project. D. Time of completion. IV. Alternatives are: Award a lump sum contract to Marsteller Corporation in the amount of $20~097.00 and 24 consecutive calendar days for New Toilet Floors at the Civ--ic Center Coliseum in accordance with the Contract Documents as prepared by the City Engineer's office. 1. Compliance of the bidder with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. 3. Fundin~ for the project is from the Civic Center retained earnings account. 4. Time of completion is acceptable. This project will be completed in time to host the Metro Conference Basketball Tournament. B. Reject the bid and do not award a contract at this time. 1. Compliance of the bidder with the requirements of the contract documents would not be an issue. 2. Amount of the low bid would probably change. 3. Funding would not be encumbered at this time. 4. Time of completion would be extended. The Civic Center Coliseum would still have toilet floors that could be a potential hazard. Page 3 ¥. Recommendation is that City Conneil take the following action: A. Concur with the implementation of Alternative A". B. Authorize the City Manager to enter into a contractual agreement in form approved by the City Attorney, with Marsteller Corporation for New Toilet Floors at the Civic Center Coliseum in accordance with the contract documents as prepared by the City Engineer's Office in the amount of $20~097.00 and 24consecutive calendar days. C. Appropriate funding for this project from Civic Center retained earn- ings as follows: Contract Amount Project Contingency Total $20~097.00 + 2~003.00 $22,100.00 WW/LBC/fm Attachment: ce: Authorize the Director of Finance to establish a new capital account for this project. D. Reject other bids received. Respectfully submitted, Sr., Ch~ William White, ' i William F. Clark ead, Jr. Tabulation of Bids City Attorney Director of Finance Citizen Request for Service City Engineer Manager, Civic Center Construction Cost Technician Manager, Management and Budget BID TABULATION NEW TOILET FLOORS ROANOKE CIVIC CENTER COLISEUM 710 WILLIAMSON ROAD, N.E. ROANOKE, VIRGINIA JOB NUMBER 14-90D Bids to be opened before Roanoke City Council on December 10, 1990 at 7:30 p.m. BIDDER BASE BID NO. DAYS BID BOND Marsteller Corporation $20,097.00 24 YES Williams Painting and Remodeling Engineer's Estimate: $32,000.00 William White, Sr., Chapman William F. Clark Office of City Engineer Roanoke, Virginia December 10, 1990 Office of the December 12, 1990 File #192 William Khite, Sr., Chairman ) ~tilliam F. Clark ) Committee George C. Snead, .Ir. ) Gentlemen: The following bid for new toilet floors at the Roanoke Civic Center Coliseum, was opened and read before the Council of t~e City of RoanoKe at a regular meeting bela on ~4onday, December 1~, 1990. BIDDER BASE BID TG~TAL Marsteller Corporation $20,097.00 On motion, duly seconded and adopted, the bid was referred te~ you for study, report and recoT~endation to Council. Sincerely, ~/'~ ~ary F. Parker, C~4C/AAE City Clerk ~VFP:ra pc: ~r. ~'ilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981 25~1 Office of the City Clerk December 19, 1990 File #55 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30352-121790 accepting the bid of W E L Enterprises, Inc., in the total amount of $17,493.00, for removal and disposal of seven underground petro- leum product taaks at the Old Valley Metro Garage, upon certain terms and conditions. Ordinance No. 30352-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. Sincerely, Sa~dra H. Eakin Deputy Ci*~y Clerk SHE: ra Enc. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director of Utilities and Qperations Mr. Stephen A. Mancuso, General Manager, Valley Metro Mr. ~illiam F. Clark, Director of Public ~orks Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Tecnnician Ms. Dolores C. Daniels, Assistant to the City Manager Community Relations for Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 19, 2990 File #55 Mr. ~;illiam E. Litcbfora ~wner ~ E L Enterprises P. ©. Box 109 Concord, Virginia 24538 Dear Hr. Litchford: I am enclosing copy of Ordinance No. 30352-121790 accepting the bid of W E L Enterprises, Inc., in the total amount of $17,493.G0, for removal and aisposal of seven underground petro- leum product tanks at the ~ld Valley ~etro Garage, upon certain terms and conditions. Ordinance No. 30352-121790 was adopted by tl~e Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra Ene o Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk December 19, 1990 File #55 Mr. Fred R. ~ebster Presider~t ~'ebster Environmental, Inc. P. ~. Box 286 Ruffir~, North Carolina 27326 Dear ~4r. ~'e~ster: I am enclosing copy of Ordinance No. 30352-121790 accepting the bid of W E L Enterprises, Inc., in the total amount of $17,493.00, for removal and disposal of seven underground petro- leum product tanks at the Gld Valley Metro Garage, upon certain terms and conditions. Ordinance No. 30352-121790 was ado~ea ay the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. On beOalf of the Mayor and Members of City Council, I would li~e to express appreciation for submitting your Did on the aPove- described project. SHE: ra Enc. Sincerely, Sandra H. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 19, 199~ File #55 ~r. E. C. Pace President E. C. Pace Company, Inc. P. O. Box 12685 Roanoke, Virginia 24027 Dear Mr. Pace: I am enclosing copy of Ordinance No. 30352-121790 accepting the Oid of W E L Enterprises, Inc., in the total amount of $17,493.U0, for removal and disposal of seven underground petro- leum product tanks at the ~ld Valley ,~etro Garage, upoa certain terms and conditions. Ordinance No. 30352-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 1990. On behalf of the ~ayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. S~E: ra Enc. Sincerely, Sandra H. Eakin Oeputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 19, 1990 File #55 ~r. Alan L. Amos President Alan L. Amos, Inc. 1734 llth Street, Roanoke, Virginia 24012 Dear Mr. Amos: I am enclosing copy of Ordinance ~o. 30352-121790 accepting the bid of W E L Enterprises, Inc., in the total amount of $17,493.00, for removal and disposal of seven unaerground petro- leum product tanks at the Old Valley ~etro Garage~ upon certain terms and conditions. Ordinance No. 30352-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. On behalf of the Mayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the aboYe- described project. Sincerely, SHE: ra Enc . Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk December 19, 1990 File #55 ~,r. ~icah A. Travis Technical Sales Representative Environmental Options, Inc. P. O. Box 879 Rocky Mount, Virginia 24151 Dear '~r. Travis: I am enclosing copy of Ordinance No. 30352-121790 accepting the bid of ~ E L Enterprises, Inc., in the total amount of $17,493.U0, for removal ann disposal of seven underground petro- leum product tanks at the Old Valley Metro Garage, upon certain terms and conditions. Ordinance No. 30352-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. On bel~alf of the ~ayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. SHE: ra Enc. Sincerely, Sandra H. EaKin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 19, 1990 File #55 Mr. David Lewark Inside Sales ~. B. Gooae Company, Inc. 622 Mohawk Avenue, N. E. Roanoke, Virqinia 24012 Dear Mr. Lewark: I am enclosing copy of Ordinance No. 30352-121790 accepting the bid of ~ E L Enterprises, Inc., in the total amount of $17,493.00, for removal and 3isposal of seven underground petro- leum product tanks at the Old Valley Metro Carage, upon certain terms and conditions. Grdina~ce No. 30352-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, December 17, 1990. On behalf of the ~ayor and Members of C~ty Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, SHE: ra Enc. Sandra H. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S,W, Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 19, 1990 File #55 Mr. Lacy G. Alexander Presideat Alexander & Soa Contractor, 2265 Catawba Valley Drive Salem, Virgiaia 24153 Inc. Dear ~r. Alexander: I am enclosing copy of ~rdinance No. 30352-121790 accepting the bid of ~ E L Enterprises, Inc., in the total amount of $17,493.00, for removal and disposal of seven underground petro- leum product tanks at the Old Valley Metro Garage, upon certain terms and conditions. Ordinance No. 30352-121790 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 17, 2990. Gn behalf of the ~ayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, SHE: ra Enc. Sandra H. Eakin DeDuty City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of December, 1990. No. 30352-121790. VIRGINIA, AN ORDINANCE accepting the bid of W E L Enterprises, Inc., for removal and disposal of seven underground petroleum product tanks at the Old Valley Metro Garage, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City offi- cials to execute the requisite contract for such work; re3ecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of W E L Enterprises, Inc., in the total amount of $17,493.00, for removal and disposal of seven underground petroleum product tanks at the Old Valley ~etro Garage, Twelfth Street at Campbell Avenue, S.E., as more particularly set forth in the December 17, 1990 report of the City Manager to this Council, such bid being in full compliance with the City's plans and specifica- tions made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the success- ful bidder, based on its proposal made therefor and the City's spe- cifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia December 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Remove and Dispose of Seven (7) Underground Petroleum Product Tanks Old Valley Metro Garage Twelfth at Campbell, S.E. Roanoke, Virginia Job Number 5569 I concur with the recommendations of the attached Bid Committee Report. Attachment: Bid Committee Report City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Manager, Valley Metro Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager Roanoke, Virginia December 17, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Remove and Dispose of Seven (7) Underground Petroleum Product Tanks Old Valley Metro Garage Twelfth at Campbell, S.E. Roanoke, Virginia Job Number 5569 III. I. Back,round: City Council, at its November 26, 1990 meeting, publicly opened and read aloud the bids received to Remove and Dispose of Seven (7) Underground Petroleum Product Tanks at the Old Valley Metro Garage at Twelfth at Campbell, S.E. Seven (7) bids were received with W E L Enterprises, Inc., of Concord, Virginia, submitting the low bid in the amount of $17~493.00 and thirty (30)__ consecutive calendar days working time plus the required thirty (30) days notification time to the regulatory agencies. Ce Scope of work is the removal of seven (7) underground petro- leum product tanks: three (3) 6,000 gallon, two (2) 3,000 gallon, and two (2) 550 gallon; the replacement of fill material; the restoration of eoncrete slabs over five of these tanks; and the grading and seeding over the other two tanks. II. Current Situation: Valley Metro now occupies their new facility. The old garage has been on the market for some time. The removal of these tanks would enhance the salability of this property. A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. Page 2 C. Fundin8 of the project. D. Time of completion. IV. Alternatives are: Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with W E L Enterprises, Inc. for Removal and Disposal of Seven (7) Underground Petroleum Product Tanks at the Old Valley Metro Garage at Twelfth and Campbell, S.E. in accordance with the contract documents~ as prepared by the City Engineer's office, in the amount of $17~493.00 and a total of 60 con- secutive calendar days. 1. Compliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low lump sum bid is acceptable. Fundin$ for the project is available in Building Maintenance Third Party Contracts, Account Number 001-052-4330-3056. It should be noted that two (2) unit price bids were taken in case contamination is found in the soil surrounding the tanks. The unit costs are as follows: Cost per cubic yard for contaminated soil: 0 to 500 PPM $185.00 500 to 2000 PPM $225.00 When the tanks have been removed, the soil samples will be taken and tested in the laboratory. If contamination is found, it will be necessary to process a change order to compensate the contractor for the additional work. 4. Time of completion is acceptable. B. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the contract documents would not be an issue. 2. Amount of the low bid would probably increase. 3. Fundin~ would not be encumbered at this time. 4. Time of completion would be extended. Page 3 V. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Authorize the City Manager to enter in to a contractual agreement, in form approved by City Attorney, with W E L Enterprises, Inc. for Removal and Disposal of Seven (7) Underground Petroleum Product Tanks and related work at the Old Valley Metro Garage site at Twelfth and Campbell, S.E. in the amount of $17~493.00 and sixty (60) consecutive calendar days. C. Reject the other bids received. Respectfully submitted, William White, Sr., Chairman William F. Clark WW/LBC/mm Attachment: Tabulation of Bids City Attorney Director of Finance Citizens' Request for Service City Engineer Manager, Valley Metro Construction Cost Technician Kit B. Kiser TABULATION OF BIDS REMOVAL AND DISPOSAL OF SEVEN (7) UNDERGROUND PETROLEUM PRODUCT TANKS OLD VALLEY METRO GARAGE TWELFTH AND CAMPBELL, S.E. ROANOKE, VIRGINIA Bids opened before City Council on November 26, 1990 at 7:30 p.m. UNIT PRICES NO. BIDDER LUMP SUM I II DAYS W E L Enterprises, Inc. $17~493.00 $185.00 $225.00 60 W. B. Goode Co., Inc. $19~655.00 $190.00 $190.00 44 Environmental Options, Inc. $23~991.00 $110.00 $110.00 51 E. C. Pace Co., Inc. $33~800.00 $85.00 $125.00 90 Alan L. Amos~ Inc. $34~280.00 $175.00 $175.00 60 Alexander and Son Contraetor~ Inc. $36~500.00 $165.00 $265.00 42 Webster Environmental~ Inc. $70~000.00 $90.00 $90.00 60 Estimated Cost: $22,000.00 Unit prices for contaminated soil removal per cubic yard: I. 0 to 500 PPM II. 500 to 2,000 PPM William White, Sr., Chairman William F. Clark Kit B. Kiser Office of City Engineer Roanoke, Virginia December 17, 1990 Office of the City Clerk November 28, 1990 File #55 Mr. William ~hite, Sr., Chairman ) Mr. William F. Clark ) Committee ~r. Kit 8. Kiser ) Gentlemen: Tile following ViUs to remove arid aispose of seven underground petroleum product tanks at the old ~lley ~etro Garage, Twelfth Street at Campbell Avenue, S. E., ~ere opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, November 26, 1990: ~IDDER BASE BIO TGTAL · .E.L. Enterprises ~. B. Goode Company, Inc. Eavironmental Options, Inc. E. C. Pace Company, Inc. Alan L. Amos, Inc. Alexander & Son Contractor, ~ebster Environmental, Inc. Inc. $1 7,493. O0 19,655. OU 23, 991. O0 33,800. O0 34,280. O0 36,500.00 70,000. O0 On motion, duly seconded and adopted, the bids you for tabulation, report and recommenuation to were referred Council. Sincerely, _ Mary F. Par~er, CMC/AAE City Clerk to MFP:ra pc: ~r. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk DecemDer 19, 1990 File #514 Ms. Linda ~arrecchia 2245 Byrd Avenue, N. E. Roanoke, Virginia 24012 Dear Ms. Barrecchia: I am enclosing copy of Ordinance No. 30328-121790 permanently vacating, discontinuing and closing an undeveloped section of Strand Road, N. E., from its intersection with Byrd Avenue to its intersection ~ith Plantation Road, less the area designated by the 1995 thoroughfare plan for future street widening along Plantation Road. Ordinance No. 30328-121790 was adopted by the Council of the City of Roanoke on first reading on Monday, December 10, 1990, also adopted by the Council on second reading on Monday, December 17, 1990, and will take effect ten days following the date of its second reading. Sincerely, SHE:ra Enc. Sandra H. Eakin Deputy City Clerk ~r. Henry C. Williamson, Jr., 2242 Plaotation Road, ~. E., Roanoke, Virginia 24012 ~r. ~ooarow J. Gusler, 503 Murrell Road, ~. E., Roanoke, Virginia 24012 Mr. ~yne J. Halley, P. ~. Box 6203, Roanoke, Virginia 24017 ~r. & Mrs. Walter Ferguson, 519 Murrell Road, N. E., Roanoke, Virginia Z4012 Ran Testerman, Inc., 1839 Oxford Avenue, S. W., Roanoke, Virginia 24015 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Ms. Linda December Page 2 Barrecchia 19, 1990 pc: ~r. ~. Robert Herbert, City ~anager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von ~. Mooay, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Zoning IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of December; 1990. No. 30328-121790. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, Virginia, pursuant to Section 15.1-482(b) of the Code of Virginia (1950), as amended, as is more particularly described hereinafter. WHEREAS, Linda Barrechia has filed an application to of the City of Roanoke, Virginia, in accordance with law, the Council to permanently vacate, discontinue and close right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after notice to all concerned as required by ~30-14, Code of the Council requesting the public giving proper the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on December 10, 1990, after due and timely notice thereof as required by ~30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and all of the foregoing, WHEREAS, from no inconvenience will result to any individual or to from permanently vacating, discontinuing and closing right-of-way. the Council considers that the public said public THEREFORE, Virginia, that the public right-of-way situate in the City Virginia, and more particularly described as follows: BE IT ORDAINED by the Council of the City of Roanoke, of Roanoke, A certain undeveloped section of Strand Road, from its intersection with Byrd Avenue, N. E., to its inter- section with Plantation Road, N. E., but less that area designated by the 1995 Thoroughfare Plan for future street widening along Plantation Road, N. E., in the City of Roanoke, Virginia. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right- of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page of ordinan- ces and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Linda Barrechia and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that the closure of the above- described right-of-way is conditioned upon the applicant's pro- viding to the City a final subdivision plat for review, approval and recordation, dividing thereon the land within the vacated alley in accordance with established title;-and, in the event these conditions have not been met within one (1) year from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. ATTEST: City Clerk. Roanoke Ci~ Planning Commission December 10, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Linda Barrecchia that an undeveloped section of Strand Road, N.E., from its intersection with Byrd Avenue to its intersection with Plantation Road, N.E., but less that area designated by the 1995 Thoroughfare Plan, for future street widening, be permanently vacated, discontinued and closed. I. Background: ae Strand Road is located at the southeasterly terminus of Mansfield Street, N.E. Section of Strand Road, N.E., as requested for closure, is situated at a distance of approximately 150' in a northeasterly direction from the Mansfield Street/Strand Road intersection. Street right-of-way as requested for closure, by dimension and land area, is composed of the following: Length: approximately 230 feet Width: varies from 30 to 45 feet Area of closure: approximately 11,500 sq. feet Street section was originally platted in 1926-27, has never been constructed and remains currently undeveloped. but II. Current Situation: ao Applicant owns property abutting this undeveloped portion of Strand Road, N.E., which is identified on the attached map "A" as official tax parcel 3120624 (2245 Byrd Avenue, NE). Street section requested for closure is currently a grassed area that is maintained by the abutting property owners. Roam 355 Municipal Building 215 Church Avenue, SW~ Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 December 10, 1990 Applicant has been advised by the City Traffic Engineer that a connection of Strand Road, N.E., with Plantation Road, N.E., would create on undesirable intersection. Applicant was further advised that the City has no current or future plans to utilize this undeveloped section of street. Purpose of the request for closure is to enable the applicant to establish title to a portion of the vacated right-of-way, to be utilized as a future addition to the applicant's yard and property. Property belonging to the applicant (tax no. 3120624) currently has 25' of usable (developed) street frontage. Closure will not decrease, but will increase the amount of usable (developed) street frontage. Planning Commission reviewed the subject application at its regular meeting on November 7, 1990. III. Issues: A. Neighborhood impact. B. Traffic impact. C. Utilities. D. Dead-end street. E. Relationship to the comprehensive plan. F. Land use. IV. Alternatives: Planning Commission recommends to City Council that the application for closure be approved, subject to the conditions outlined in Section V. Neighborhood impact. Closure will have no impact on the immediate neighborhood. Applicant states in her petition that all abutting property owners have been notified and are in agreement with the request for closure. Traffic impact. Closure will have no effect on traffic or future traffic needs. Utilities. City has a water and sewer line within the section of street requested for closure; Roanoke Gas Company has utilities within the section of street requested for closure~ No other public or private utilities exist within this section of Strand Road, N.E. Members of Council Page 3 December 10, 1990 Dead-end street. Closure as requested will not create a dead-end street. Relationship to the comprehensive plan. Request is consistent with the intent of the comprehensive plan that available land should be utilized in the most appropriate manner. Land within the undeveloped street section has remained unproductive and idle for many years. Abutting property owners could utilize the land in a more efficient manner. Closure would return the land within the vacated right-of-way to a taxable status. 6. Land use. Strand Road section, as requested for closure, was originally platted as a street on two separate subdivision plats (Laurel Terrace, April 1926, and Guilford Map, May 1927). Plats as recorded did not dedicate the streets shown thereon for public use, but retained rights to the streets for the sole and express use of the owners of the subdivided lots. Closure and vacation of the subject section of Strand Road, N.W., should be effected pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950) as amended. Vacation pursuant to Section 15.1-482(b) will operate to destroy the force and effect of recording of the original plats (see section 15.1-483, effect of vacation) and will act to vest title to the street section in the owners of the abutting lots, free and clear of any rights of the public or other owners of lots shown on the plat. Plat of vacation should be required to provide for all necessary easements and future needs for the widening of Plantation Road, N.W., at its current intersection with Strand Road, N.E. Plat will define, by survey, the final and exact area of closure and will ensure that a proper division of the vacated right-of-way is legally effected. Members of Council Page 4 December 10, 1990 Planning Commission recommends to City Council that the application for closure be denied. Neighborhood impact. Neighborhood would be unaffected. 2. Traffic impact. Traffic would be unaffected. 3. Utilities would not require easements. 4. Dead-end street would not be an issue. Relationship to the comprehensive plan would not be followed as to intent for use of available land. e Land use. Land within the undeveloped right-of-way will remain undeveloped as a public street. Land will remain idle and unproductive to both the City and the abutting property owners. V. Recommendation: Planning Commission, by a vote of 5-0, recommends approval of Alternative A thereby approving the application for closure of the subject section of Strand Road, N.E., insofar as the City has interest thereto, subject to the following conditions: That the subject application be amended prior to any public hearing before City Council to redefine the area requested for closure as follows: an undeveloped section of Strand Road, N.E., from its intersection with Byrd Avenue, N.E., to its intersection with Plantation Road, N.E., but less that area designated along Plantation Road, by the 1995 Thoroughfare Plan, for future street widening, be permanently closed and vacated pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950), as amended. That the applicant agree to provide to the City for review, approval and recordation, a plat of vacation (subdivision) dividing the land within the vacated right-of-way, according to established title or by mutual agreement of the abutting lot owners. That if the above-cited plat of vacation has not been approved by the City and recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, within a period of 12 months from the date of the adopted ordinance providing for the closure, than said ordinance shall become null and void with no further action by City Council being necessary. Members of Council Page 5 December 10, 1990 JRM:ERT:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission IN THE COUNCIL OF THE CITY OF ROANO~,E~]~A IN RE: Amended application of Linda Barrecchia for vacation of Strand Road Amended application for vacating, discontinuing and closing of Strand Road MEMBERS OF COUNCIL: Linda Barrecchia, applies to have undeveloped section of Strand Road, from its intersection with Byrd Avenue N.E., to its intersection with Plantation Road N.E., but less that area designated by the 1995 thoroughfare plan, for future street widening along Plantation Road, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-482(b) and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached. Linda Barrecchia states that the grounds for this application are as follows: All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. The property to be vacated is presently being used as part of my yard. The applicant desires to use the property to be vacated for part of my yard. I agree to comply with those conditions set forth in the staff report to the City Council concerning this request. WHEREFORE, Linda Barrecchia respectfully requests that the above described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-482(b) Section 30-14, Code of the city of Roanoke (1979), as amended. Respectfully submitted, Linda Barrecchia November 12, 1990 List of property owners mailing addresses, affected by the proposed street closure: Linda Barrecchia 2245 Byrd Ave. N.E. Roanoke, Va. 24012 Henry C. Williamson Jr. C/O Davis Elliot Co. Inc. 1920 Rrogess Drive S.E. Roanoke, Va. 24013 Mr. W. J. Gusler 503 Murrell Rd. N.E. Roanoke, Va. 24012 Robert & Ramela Harman 415 Murrell Rd. N.E. Roanoke, Va. 24012 Mrs. Ruby Ferguson 519 Murrell Rd. N.E. Roanoke, Va. 24012 Mr. Ronald Testerman 1839 Oxford Ave. S.W. Roanoke, Va. 24015 .~ & LOCATION Office of the City Clerk November 27, 1990 File #514 Ms. Linda Barrecchia 2245 Byrd Avenue, N. E. Roanoke, Virginia 24012 Dear Ms. Barrecchia: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that an undeveloped section of Strand Road, ~. E., from its intersection with Byrd Avenue to its intersection with Plantation Road, less the area designated Dy the 1995 thorough- fare plan for future street widening along Plantation Road, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for ~onday, December 10, 1990, at 7:3u p.m.. or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. ~. For your information, I am also enclosing copy of a notice of ti~e public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely,~ ~._. Mary F. Parker, CMC/AAE City Clerk MFP:ra PUBLIC62 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Vi~linia 24011 (703) 981-2541 Ms. Linda November Page 2 Barrecchia 27, 1990 pc: Mr. Henry C. ~illiamson, Jr., 2242 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. Woodrow J. Gusler, 503 Murrell Road, N. E., Roanoke, Virginia 24012 Mr. Wayne J. Holley, P. O. Box 6203, Roanoke, Virginia 24017 Mr. & Mrs. Walter Ferguson, 519 ~urrell Road, N. E., Roanoke, Virginia 24012 Ron Testerman, Inc., 1839 Oxford Avenue, S. W., Roanoke, Virginia 24015 ~r. W. Robert Herbert, City ~anager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals ~r. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation CITY i, ITHL UI,~ULmSi,S~qLW) ~ ~-~UTHuKiZ~b ~EPRES~NTATI~E b~ THL TIMLS-~OKLD CO~- Tree STATE OF Vi t~I ~iA~ UU C=KFIPY l~A1 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, December 10, 1990, at 7:30 p.m. or as soon thereafter as the matter may be heard~ in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: A portion of Strand Road, N. E., from its intersec- tion with Byrd Avenue, N. E. to its intersection with Plantation Road, N. E., less the area designated by the 1995 thoroughfare plan for future street widening along Plantation Road, N. E. 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 20th day of November , 19 90 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 23, 1990, and once on Friday, November 30, 1990, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City Clerk November 16, 1990 File #514 Mr. Charles A. Price, Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (i979), as amended, I am enclosing copy of an amended application from Ms. Linda Barrecchia, requesting that the unde- veloped section of Strand Road, from its intersection with Byrd Avenue, N. E., to its intersection with Plantation Road, N. E., but less the area designated by the 1995 thoroughfare plan for future street widening along Plantation Road, N. E., De per- manently vacated, discontinued and closed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa ST.CL©SE62 Enc o pc: Ms. Linda Barrecchia, 2245 Byrd Avenue, N. E., Virginia 24012 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner ~r. Steven J. Talevi, Assistant City Attorney Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF-THE IN RE: Amended applicati.on of Linda Barrecchla for vacation of Strand Road , CITY OF ROANOKE, VA Amended'application for vacating, discontinuing closing of Strand Road and MEMBERS OF COUNCIL: Linda 8arrecchia, applies to have undeveloped section of Strand Road, from its intersection with Byrd Avenue N.E., to its intersection with Plantation Road N.E., but less that area designated by the 1995 thoroughfare plan, for future street widening along Rlantation Road, N.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-482(b) and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached. Linda Barrecchia states that the grounds for this application are as follows: All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. The property to be vacated is presently being used as part of my yard. The applicant desires to use the property to be vacated for part of my yard. I agree to comply with those conditions set forth in the staff report to the City Council concerning this request. WHEREFORE, Linda Barrecchia respectfully requests that the above described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-482(b) Section 30-14, Code of the city of Roanoke (1979), as amended. Respectfully submitted, Linda Barrecchia November 12, 1990 Lis.t of property owners mailing addresses, affected by the proposed street ,glosure: Linda 8arrecohia 2245 Byrd Ave. N.E. Roanoke, Va. 24012 Henry C. Williamson Or. C/O Davis Elliot Co. Inc. 1920 Progess Drive'S.E. Roanoke, Va. 24013 Hr. W. J. Gusler 503 Murrell Rd. N.E. Roanoke, Va. 24012 Robert & Pamela Harman 415 Murrell Rd. N.E. Roanoke, Va. 24012 Mrs. Ruby Ferguson 519 Murrell Rd. N.E. Roanoke, Va. 24012 Mr. Ronald Testerman 1839 Oxford Ave. S.W. Roanoke, Va. 24015 LOCATION ¢ Office of the City Clerk September 17, 1990 File #514 Mr. ~ichael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear ~r. Waldvogel: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of t~e City of Roanoke (1979), as amended, I am enclosing copy of an application from ~s. Linaa Barrecchia, requesting that the undeveloped sec- tion of Strand Road, N. E., be permanently vacated, discontinued and closed. Sincerely, ~ Mary F. Par~er, CMC/AAE City Clerk :~4FP : r a ST. CLOSE62 Er~c . Ms. Linda Barrecchia, 2245 Byrd Avenue, N. E., Virginia 24012 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Hr. Steven J. Talevi, Assistant City Attorney Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE IN RE: Application of Linda Barrecchia for vacation of Strand Road CITY OF ROANOK~!.V~, Applicat[3n for vacating, discontinuing and closing of Strand Road MEMBERS OF COUNCIL: Linda Barrecchia, applies to have undeveloped section of Strand Road, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached as follows: UNDEVELOPED SECTION OF STRAND ROAD Linda Barrecchia states that the grounds for this application are as follows: All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this applicatiion. The property to be vacated is presently being used as part of my yard. The applicant desires to use the property to be vacated for part of my yard. WHEREFORE, Linda Barrecchia respectfully requests that the above described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Linda Barrecchia September 11,1990 List of property owners street closure: mailing addresses, affected by the proposed Linda Barrecchia 2245 Byrd Ave. N.E. Roanoke, Va. 24012 Henry C. Williamson Jr. 2242 Plantation Rd. N.E. Roanoke, Va. 24012 Hr. W. J. Gusler 503 Murrell Rd. N.E. Roanoke, Va. 24012 Robert & Pam Harman 415 Murrell Rd. N.E. Roanoke, Va. 24012 Mrs. Ruby Ferguson 519 Murrell Rd. N.E. Roanoke, Va. 24012 Ronald Testerman 1839 Oxford Ave. S.W. Roanoke, Va. 24015 4 llv~u~, WE. ~'I'A'i' ION V 30~A° List of property owners mailing addresses, affected by the proposed ~treet closure: Linda Barrecchia 2245 Byrd Ave. N.E. Roanoke, Va. 24012 Henry C. Williamson Jr. 2242 Plantation Rd. N.E. Roanoke Va. 24012 Mr. W. J. Gusler 503 Murrell Rd. N.E. Roanoke Va. 24012 Robert & Pam Harman 415 Murrell Rd. N.E. Roanoke Va. 24012 Mrs. Ruby Ferguson 519 Murrell Rd. N.E. Roanoke. Va. 24012 Ronald Testerman 1839 Oxford Ave. S.W. Roanoke, Va. 24015 RE: IN THE COUNCIL OF THE~!6IT¥ OF ROANOKE, VA Application of Linda Barrecchia~' for vacation of Strand Road A~plicat[an for vacating, discontinuing and closing of Strand Road MEMBERS OF COUNCIL: Linda Barrecchia, applies to have undeveloped section of Strand Road, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly described on the map attached as follows: UNDEVELOPED SECTION OF STRAND ROAD Linda Barrecchia states that the grounds for this application are as follows: All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this applicatiion. The property to be vacated is presently being used as part of my yard. The applicant desires to use the property to be vacated for part of my yard. WHEREFORE, Linda Barrecchia respectfully requests that the above described street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Linda Barrecchia September 11,1990 I~LOC~, LoT 4 7 A v~,quz, ,~. £. PAUL TATION ROAD .95~5°-5 ~, 3~ 50~,O~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Request from Linda Barrecchia that an undeveloped section ) of Strand Road, N.E., from its intersection with Byrd Avenue) to its intersection with Plantation Road, be permanently ) vacated, discontinued and closed. ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the 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 October, 1990, notices of a public hearing to be held on the 7th day of November, 1990, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 3120624 3120601 3131405 Linda Barrechia Henry C. Williamson, Jr. Woodrow J. Gusler 2245 Byrd Avenue, NE Roanoke, VA 20412 2242 Plantation Road,jJJ~ Roanoke, VA 24012 503 Murrell Road.~/~ Roanoke, VA 24012 3131408 Wayne J. Holley P. O. Box 6203 Roanoke, VA 24017 3131407 Walter and Ruby Ferguson 519 Murrell Road ~? Roanoke, VA 24012 3131406 Ron Testerman, Inc. 1839 Oxford Avenue Roanoke, VA 24015 M~rtha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of October, 1990.. Notary Public My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Request from Linda Barrecchia that an undeveloped section ) of Strand Road, N.E., from its intersection with Byrd Avenue) AFFIDAVIT to its intersection with Plantation Road, be permanently ) vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the 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 24th of September, 1990, notices of a public hearing to be held on the 3rd day of October, 1990, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 3120624 3120601 3131405 3131408 3131407 3131406 OWNER~ AGENT OR OCCUPANT Linda Barrechia Henry C. Williamson, Jr. Woodrow J. Gusler Wayne J. Holley Walter and Ruby Ferguson ADDRESS 2245 Byrd Avenue, NE Roanoke, VA 20412 2242 Plantation Road Roanoke, VA 24012 503 Murrell Road Roanoke, VA 24012 P. O. Box 6203 Roanoke, VA 24017 519 Murrell Road Roanoke, VA 24012 Ron Testerman, Inc. - M~rtha Pace Franklin - 1839 Oxford Avenue Roanoke, VA 24015 SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this My Commission Expires: 25th day of September, 1990. Notary Pu~l'i~ in the City of Office of the City Clerk December 19, 1990 File #514 Mr. Daniel F. Layman, Jr. Attorney P. G. Box 720 Roanoke, Virginia 24004 Dear Mr. La an: I am enclosing copy of Ordinance No. 30329-121790 permanently vacating, discontinuing and closing a certain unopened alley lying near the northeast intersection of Grange Avenue and Hollins Road, N. E. Ordinance No. 30329-121790 was adopted by the Council of the City of Roanoke on first reading on ~onday, December 10, 1990, also adopted by the Council on second reading on Monday, DecemDer 17, 1990, and will take effect ten nays following the date of its second reading. Sincerely, SHE: ra Enc. pc: Sandra H. Ealcin Deputy City Clerk Mr. Robert Offutt, 405 Pomona Drive, Greensboro, North Carolina 27407 ~r. W. Robert Herbert, City Manager Ur. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Von ~. Moody, III, Director of Real Estate Valuation ~r. Charles A. Price, Jr., Chairman, City Planning Commission ~ir. L. Elwood Norris, Chairman, Board of Zoning Appeals Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (7'03) 981.2541 Mr. Daniel F. Layman, December 19, 1990 Page 2 Jr. Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Hr. Ronald H. Miller, Building Commissioner and Administrator Hr. John R. ~arlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Zoning Office of the City Clerk December 19, 1990 File #514 ~diss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance ~o. 30329-121790 for proper recoraatio~ in yuur office, which provides for the permanent vacating, discontinuing and closing of a certain unopened alley lyi~g near the northeast intersection of Orange Avenue and Hollins Road, ~. E. Ordinance No. 30329-121790 was adopted by the Council of the City of Roanoke on first reading on ~onday, December 10, 1990, also adopted by the Council on second reading on Monday, December ~7, 1990, and will take effect ten days following the date of its second reading. Sincerely, SEE:rd Enc. pc: Sandra E. Eakin Deputy City Clerk Mr. Oaniel F. Layman, Jr., Attorney, p. O. Box 720 Roanoke, Virginia 24004 Room 456 Municil3al Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th Day of December, 1990. No. 30329-121790. AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Southern Classic Soft Cloth Auto Wash, Inc., has filed an application to the Council of the City of Roanoke, Virginia, in accor- dance with law, requesting the Council to permanently vacate, discon- tinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on December 10, 1990, after due and timely notice thereof as required by $30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, th~ Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A certain 10-foot alley beginning at a point marked by the north boundary line (extended) of the lots bearing Official Tax Nos. 3042121 and 3042141, running in a semi-circle to a point marked by the north boundary line (extended) of the lot bearing Official Tax No. 3042129, and passing in its course the rear boun- daries of the lots bearing Official Tax Nos. 3042121, 3042122, 3042123, 3042124, 3042125, 3042126, 3042127, 3042128 and 3042129. be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right- of-way, reserving however, to the City of Roanoke and any public uti- lity, including, specifically, the public of cable television, service, an easement for sewer without limitation, providers to or for electricity, natural gas or telephone and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other uti- lity or facility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public riEht-of-way on all maps and plats on file in his office on which said ri~ht-of-way is shown, referrin~ to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexin~ the same in the name of the City of Roanoke, VirEinia, as Grantor, and in the name of Southern Classic Soft Cloth Auto Wash, Inc., and the names of any other parties in interest who may so requests as Grantees. BE IT FURTHER ORDAINED that the closure of the above-described riEht-of-way is conditioned upon the applicant's providinE to the City a final subdivision plat for review, approval and recordation, dividinE thereon the land within the vacated alley in accordance with established title or by mutual agreement of the abutting property owners; and, in the event these conditions have not been met within one (1) year from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council beinE necessary. ATTEST: City Clerk. Roanoke Ci~/Planning Commission December 10, 1990 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Southern Classic Soft Auto Wash, Inc., represented by Daniel F. Layman, Jr., Attorney, that a certain 10 foot alley beginning at a point marked by the north boundary line of the lots bearing Official Tax No. 3042121 and 3042141, running in a semi-circle to a point marked by the north boundary line of the lot bearing Official Tax Nos. 3042121, 3042122, 3042123, 3042124, 3042125, 3042126, 3042127, 3042128, and 3042129, said alley lying near the northeast intersection of Orange Avenue and Hollins Road, N.E., be permanently vacated, discontinued and closed. I. Background: Alley requested for closure is located on property situated at the northeast corner of Hollins Road and Orange Avenue/U.S. 460E. Section of alley extends along the lower slopes and base of steep hill in a semi-circle configuration to an intersection with two other 10' wide undeveloped alleys. Ce Original map of Fairmont Corporation (Plan 1316) platted the abutting lands and established the subject alley and abutting lots in March, 1919. Subsequent conveyances by deed of platted lots have referenced this plat. Plat was apparently never recorded. De Land upon which the major portion of the alley and the adjacent lands are situated is too steep to be accessed from the platted (undeveloped) street, Fairmont Place. Alley as platted would be useless as Room 355 Municipal Building 215 Church Avenue, S W Poanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 December 10, 1990 a "secondary means of access" to abutting lots. Platted street, abutting lots and the subject alley have been shown for many years on official City maps as public rights-of-way and as such they have remained undeveloped for the past 71 years. Section of the subject (10' wide) alley that is located at the rear of the proposed car wash facility building site is situated on level ground for a length and distance of approximately 140' (see attached plan). II. Current Situation: Southern Classic Soft Cloth Auto Wash Inc. recently purchased a 1.5 acre portion of residual right-of- way at the northeast corner of Hollins Road and Orange Avenue. Land was acquired from the Virginia Department of Transportation (VDOT). Se VDOT subdivided the subject 1.5 acre portion of residual right-of-way for purposes of conveyance without submitting a subdivision plat to the City for review, approval and recordation as required by Section 31-4 and 31-6 of the City Code. Property description given in the petition as," and the remaining portion bears no official tax number. . ." is caused by the fact that no subdivision plat was recorded and City mapping was thereby delayed by the slower and less accurate deed description and highway plan recordation process. City of Roanoke in response to the purchaser's request, by petition, rezoned the subject 1.5 acre tract from a Light Manufacturing (LM) district to a General Commercial (C-2) district on June 11, 1990. Rezoning was conditional and subject to certain proffered conditions, including: "The property will be developed substantially in accordance with the site plan filed herewith, subject to such changes as shall be required by City Planning officials in the course of the site plan review." Owner has submitted a subdivision plat and a proposed plan of development for the property. Car wash facility will be constructed upon a level site that is approximately 76' deep and 430' wide. Length and depth of the proposed site is affected by the following: Roanoke City Council Page 3 December 10, 1990 (1) Building two, 12' vehicles process, car wash 10' wide lanes is function is keyed to the orientation of wide, induction or stacking lanes for that progress through a vacuum cleaning preparatory to entering the building's facility. A proposed third additional lane extending parallel to the stacking necessary for routine vehicular movement between operations and entrances. Third lane (10') is not wide enough to accommodate two-way traffic movement through the site. Building is proposed to be 40' in depth and 140' in length. Shallow depth (76') of the property will restrict vehicular movement through the site. Closure of the undeveloped alley at the rear of the property would provide an additional 5' or 10' (width is dependent upon final division of alley by abutting owners, if vacated) to the property which would provide additional space for vehicular movement. Location and position of the entrance into the building (washing facility) dictates the location and proximity of accessways/entrances to and from the site, to the intersection of Orange Avenue/Hollins Road, N.E. Plan review included the suggestion that the owner consider the possible advantages of closing the undeveloped alley at the rear of the property and of moving the building location and entrances to the easterly end of the property to avoid entrance/exit delay problems associated with heavy intersectional traffic activity. Application was reviewed by the Planning Commission at its regular meeting on November 7, 1990. III. Issues: A. Neighborhood impact. B. Traffic impact. C. Utilities within the right-of-way. D. Creation of a dead-end alley E. Relationship to the comprehensive plan. F. Land use. Roanoke City Council Page 4 December 10, 1990 IV. Alternatives: Plannin9 Commission recommends to City Council that the applicant's request for closure of the subject alley insofar as the City has an interest thereto, be approved subject to the conditions outlined in part V. Recommendations. Neighborhood impact: Closure will have no affect on the surrounding neighborhood. Traffic impact: Closure of the alley will not adversely affect any other property or business in the area. Closure will provide additional space for on-site traffic movement. Utilities within the right-of-way: Alley has no public or private utilities located within its boundaries. Creation of a dead-end alley: create a dead-end alley. Closure will not Relationship to the comprehensive plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Land use: Section of the 10' alley that is located at the rear of the proposed car wash building (approximately 140 linear feet) is situated at the base of the steep abutting hillside. This section of the alley can be more efficiently utilized by the owner of the abutting property (car wash facility) that is situated at the same Orange Avenue/U.S. 460 street level. Owners of the abutting properties should utilize the submitted subdivision plat to divide by mutual agreement the subject alley in a manner that will facilitate the most advantageous use of the land within the vacated alley. Plannin9 Commission recommends to City Council that the applicant's request to close the subject alley be denied. 1. Neighborhood impact would not be an issue. Traffic impact: On-site traffic movement will be restricted and crowded with the potential for traffic problems at the intersection of Orange Avenue and Hollins Road, N.E. 3. Utilities within the right-of-way would not be an issue. Roanoke City Council Page 5 December 10, 1990 Creation of a dead-end alley would not be an issue. Relationship to the comprehensive plan: Comprehensive plan would not be followed. Land within this undeveloped and unusable alley will remain unproductive to both the City and the abutting property owners. Land use: Efficient use of land within the subject alley will not be realized. A more efficient use of the applicant's property fronting on Orange Avenue/U.S. Route 460 will not be realized. V. Recommendation: Planning Commission, by a vote of 5-0, recommends that City Council approve Alternative A, thereby approving the applicant's request to close the subject alley insofar as the City has an interest thereto, subject to the following conditions: That the applicant agrees to submit to the City for review, approval, and recordation, a subdivision plat dividing thereon the land within the vacated alley in accordance with established title or by mutual agreement of the abutting property owners. That if the above-cited plat has not been submitted and approved by the City and recorded within a period of 12 months from the date of the adoption of the ordinance providing for such closure, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney Office of the City Clerk ~ctober 18, 1990 File #514 Ur. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear Ur. Buford: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Ur. Daniel F. Layman, Jr., Attorney, representing SoutDern Classic Soft Cloth Auto ~ash, Inc., requesting that a certain unopened alley lying near the northeast intersection of ©ranqe Avenue and Hollins Road, ~. E., be permanently vacated, discon- tinuea and closed. Sincerely, ~~ ~4ary F. Parker, C~IC/AAE City Clerk ~FP:ra ST.CLOSE64 pc: Ur. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 dr. John R. ~arlles, Agent/Secretary, City Planning Commission Ur. Ronald ~. ~iller, Zoning Administrator ~r. ~d~ar~ R. Tucker, City Planner Ur. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE Vacation of Alley Lying Near the Northeast Inter- section of Orange Avenue and Hollins Road, N.E. ) APPLICATION OF SOUTHERN CLASSIC SOFT CLOTH AUTO WASH, INC. TO: The Honorable Mayor and Members of City Council (1) The applicant, Southern Classic Soft Cloth Auto Wash, Inc., by counsel, applies to have a certain unopened alley lying near the northeast intersection of Orange Avenue and Hollins Road, N.E., permanently vacated, dis~ontinued and closed, pursuant to Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. This alley is shown marked on the portion of City of Roanoke Appraisal Map No. 304 attached hereto as Exhibit A, and is more particularly described as follows: That certain ten (10)-foot alley beginning at a point marked by the north boundary line (extended) of the lots bearing City of Roanoke Official Tax Nos. 3042121 and 3042141, running in a semi-circle to a point marked by the north boundary line (extended) of the lot bearing Official Tax No. 3042129, and passing in its course the rear boundaries of the lots bearing Official Tax Nos. 3042121, 3042122, 3042123, 3042124, 3042125, 3042126, 3042127, 3042128, and 3042129. (2)The grounds for this application are as follows: (a) The subject alley has never been opened on the ground, and, due to the topography of the land (which M#22432 includes a sheer cliff dividing the alley), it is unlikely that it will ever be ogened. (b) None of the lots bordering the alley on the north have been develoged, all have other 9ubllc access, and all are owned by a single owner. (c) The agplicant wishes to construct an automatic car wash facility on its 9rogerty lying south of the alley and, in order to comgly with suggestions made by officials of the City during the site 91an review 9rocess, needs to move its 9rogosed facility slightly farther north. The land made available to 9etitioner by closure of the alley will permit that relocation. (3) The a991icant believes and regresents that there are no utilities 9resently located in the alley and therefore asks that, if this apglication is a99roved, the ordinance vacating the alley not reserve any easement for existing utilities. (4) The only landowner, other than the a991icant, affected by the 9rogosed vacation, is Robert L. Offutt, 405 Pomona Drive, Greensboro, NC 27407, who owns the lots bearing Official Tax Nos. 3042141 and 3042121-2129. WHEREFORE, Southern Classic Soft Cloth Auto Wash, Inc. resgectfull¥ requests that the above-described alley be 9ermanently vacated, discontinued and closed by the Council of M#22432 the City of Roanoke in accordance with Section 15.1-364, Code of Virginia, and section 30-14, Code of the City of Roanoke. Date: ~--~- I C, i.~O Respec'tfully, SOUTHERN CLASSIC SOFT CLOTH AUTO WASH, INC. By ~__ - ' - -= of Counsel Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 (703)982-4253 M#22432 'T. EXHIBIT LA APPRAISAL HAP CiTY OF ~HOKL '1¸ CITY OF ROANOKE LOCATION Iii ~'A~/770H ° Z Office of the City Clerk November 27, 1990 File #514 Mr. Daniel F. Layman, Jr. A~torney p. r~. Box 720 Roanoke, Virginia 24004 Dear Ur. Layman: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Southern Classic Soft Cloth Auto Wash, Inc., that a certain unopened alley lying near the northeast intersection of Orange Avenue and Hollins Road, ~. E., be per- manently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, December 10, 1990, at 7:3~ a.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclo q copy of a notice of the public hearing and an Ordinance prov~ ~ fo ~he closure, which notice and Ordinance were prepared by Cit !ttorney's Office. Please review the Ordinance and if yoa have ~estions, you may contact Mr. Steven J. Talevi, Assistant ty Attorney, at 981-2431. Questions with regard to the ~ arming Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Mary F. Parker, CMC/AAE City Clerk MFP:ra PUBLIC64 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 ~r. Daniel F. Layman, November 27, 1990 Page 2 Jr. Mr. Robert Offutt, 405 Pomona Drive, Greensboro, ~orth Carolina 27407 ~r. ~. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney ~r. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Co~issioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Hr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation PUbLISHh!<'S FiE - LANIEL F L;,YMAr~ PGAATION, ,~hlCr~ CORPUK~TI~N I~ PUmLtSHc~ E;~iLY NEWSPAPEN Pu~LiSHED 1~ KU~NU~E~ ~i1 S~MT~: ~P Vi~<biNIA, O0 CE~FI~Y THAT TN~ ~h~;EXEu NOT1C~ ~AS PU~>LISMED IN SXlD 11/23120 11/30/90 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, December 10, 1990, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way: A certain 10-foot alley beginning at a point marked by the north boundary line (extended) of the lots bearing Official Tax Nos. 3042121 and 3042141, running in a semi-circle to a point marked by the north boundary line (extended) of the lot bearing Official Tax No. 3042129, and passing in its course the rear boun- daries of the lots bearing Official Tax Nos. 3042121, 3042122, 3042123, 3042124, 3042125, 3042126, 3042127, 3042128 and 3042129. 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 20th day of November , 19 90 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 23, 1990, and once on Friday, November 30, 1990, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Mr. Daniel F. Layman, Jr., Attorney Room 456, Municipal Building P. 0. Box 720 Roanoke, Virginia 24011 Roanoke, Virginia 24004 Office of the City Clerk ~ctober 18, 1990 File #514 Ur. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear Mr. Buford: Pursuant to §30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Mr. Daniel F. Layman, Jr., Attorney, representing Southern Classic Soft Cloth Auto ~ash, Inc., requesting that a certain unopened alley lying near the northeast intersection of Oranqe Avenue and Hollins Road, ~. E., be permanently vacated, discon- tinued and closed. Sincerely, ~~ ~ary F. Parker, C~C/AAE C~ty Clerk MFP:ra ST.CLOSE64 Enc. pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 Hr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald ~. Miller, Zoning Administrator Mr. Edward R. Tucker, City Planner Hr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Vacation of Alley Lying ) Near the Northeast Inter- ) section of Orange Avenue ) and Hollins Road, N.E. ) APPLICATION OF SOUTHERN CLASSIC SOFT CLOTH AUTO WASH, INC. TO: Inc., The Honorable Mayor and Members of City Council (1) The applicant, Southern Classic Soft Cloth Auto Wash, by counsel, applies to have a certain unopened alley lying near the northeast intersection of Orange Avenue and Hollins Road, N.E., permanently vacated, discontinued and closed, pursuant to Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. This alley is shown marked on the portion of City of Roanoke Appraisal Map No. 304 attached hereto as Exhibit A, and is more particularly described as follows: That certain ten (10)-foot alley beginning at a point marked by the north boundary line (extended) of the lots bearing City of Roanoke Official Tax Nos. 3042121 and 3042141, running in a semi-circle to a point marked by the north boundary line (extended) of the lot bearing Official Tax No. 3042129, and passing in its course the rear boundaries of the lots bearing Official Tax Nos. 3042121, 3042122, 3042123, 3042124, 3042125, 3042126, 3042127, 3042128, and 3042129. (2) The grounds for this application are as follows: (a) The subject alley has never been opened on the ground, and, due to the topography of the land (which M#22432 includes a sheer cliff dividing the alley), it is unlikely that it will ever be opened. (b) None of the lots bordering the alley on the north have been developed, all have other public access, and all are owned by a single owner. (c) The applicant wishes to construct an automatic car wash facility on its property lying south of the alley and, in order to comply with suggestions made by officials of the City during the site plan review process, needs to move its proposed facility slightly farther north. The land made available to petitioner by closure of the alley will permit that relocation. (3) The applicant believes and represents that there are no utilities presently located in the alley and therefore asks that, if this application is approved, the ordinance vacating the alley not reserve any easement for existing utilities. (4) The only landowner, other than the applicant, affected by the proposed vacation, is Robert L. Offutt, 405 Pomona Drive, Greensboro, NC 27407, who owns the lots bearing Official Tax Nos. 3042141 and 3042121-2129. WHEREFORE, Southern Classic Soft Cloth Auto Wash, Inc. respectfully requests that the above-described alley be permanently vacated, discontinued and closed by the Council of M#22432 the City of Roanoke in accordance with Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Date: ~ ~ ~O Respectfully, Roanoke. SOUTHERN CLASSIC SOFT CLOTH AUTO WASH, INC. Of Counsel Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove P. O. Box 720 Roanoke, VA 24004 (703)982-4253 M#22432 .1 ~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Southern Classic Soft Auto Wash, Inc., represented by Daniel F. Layman, Jr., attorney, that a certain ten (10) foot alley beginning at a point marked by the north boundary line (extended) of the lots bearing Official Tax No. 3042121 and 3042141, running in a semi- circle to a point marked by the north boundary line (extended) of the lot bearing Official Tax No. 3042129, and passing in its course the rear boundaries of the lots bearing Official Tax Nos. 3042121, 3042122, 3042123, 3042124, 3042125, 3042126, 3042127, 3042128 and 3042129, said alley lying near the northeast intersection of Orange) Avenue and Hollins Road, N.E., be permanently vacated, ) discontinued and closed. AFFI- DAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the 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 October, 1990, notices of a public hearing to be held on the 7th day of November, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 3042121 3042122 3042123 3042124 3042125 3042126 3042127 3042128 3042129 3042141 OWNERt AGENT OR OCCUPANT Robert Offutt ADDRESS 405 Pomona Drive Greensboro, NC 27407 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of October, My Commission Expires: 1990. Notary Public / Office of the City Clerk December 19, 199u File #51 Mr. F. Alan Pollard, II Partner BMR & Associates 1504 Grandin Road, S. Roanoke, Virginia 24015 Dear ~r. Pollard: I am enclosing copy. of Ordinance No. 30330-121790 rezoning pro- perty located at 107 South Jefferson Street, identified as Official Tax No. 1011125 from C-3, Central Business District, to H-l, Historic District Overlay. Ordinance No. 30330-121790 was adopted by the Council of the City of Roanoke on first reading on ~onday, December 10, 1990, also adopted by the Council on second reading on ~onday, December 17, 1990, and will take effect ten days following the date of its second reading. Sincerely, SHE: ra Enc. pc: 5'andra H. Eakin Deputy City Clerk ~. C. Associates, Inc. of Roanoke, 106 South Jefferson Street, Roanoke, Virginia 24011 ~r. Joseph H. Milan, Jr., et als, 106 South Jefferson Street, Roanoke, Virginia 24011 Boddie-Noell Enterprises, Inc., c/o Rash #56-46-28020, P. ~. Box 1600, Rowlett, Texas 75088 Mr. & ~rs. Hugh A. ~eaqher, 105 South Jefferson Street, Roanoke, Virginia 24011 ,Hr. Hong K. ~in, 2727 Electric Road S. ~. RoanoKe, Virginia 24018 ' ' Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Hr. F. Alan Pollard, December 19, 1990 Page 2 II Mr. Stephen A. ~ancuso, General Manager, Valley Metro, P. ©. Box 13247, Roanoke, Virginia 24032 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. Qo Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City ~anager Mr. ~ilburn Co Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von ~. Moody, III, Director of Real Estate Valuation Hr. Charles A. Price, Jr., Chairman, City Planning Commission Hr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Hr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of December; 1990. No. 30330-121790. VIRGINIA, AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 101, Sectional 1976 Zone Map, City of Roanoke, by designating certain property within the City with an H-i, Historic District Overlay. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property zoned with an H-I, Historic District Overlay; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.1-093, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on December 10, 1990, at 7:30 p.m., after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed zoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Com- mission, the City's Comprehensive Plan, and. the matters presented at the public hearing, is of the opinion that the hereinafter described property should be zoned with an H-l, Historic District Overlay as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land located at 107 South Jefferson Street, designated on Sheet No. 101 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1011125, be and is hereby zoned with an H-i, Historic District Overlay, said property currently zoned C-3, Central Business District, as set forth in the Petition filed in the Office of the City Clerk on October 17, 1990, and that Sheet No. 101 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission December 10, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from BARR and Associates that a tract of land located at 107 South Jefferson Street, Identified as official tax no. 1011125 and currently zoned C-3, Central Business District, be zoned with an H-1 Historic District overlay. I. Background: Purpose of this request is to add this building to the historic district and preserve this important building on South Jefferson Street. Petition to zone for historic district overlay was filed on October 17, 1990. Ce Historic preservation in downtown Roanoke and in the City's neighborhoods has been a successful revitalization tool. Property values have increased and community awareness, appreciation, and interests have been stimulated. Roanoke Vision recognized the value of historic preservation, especially in downtown and in the City's inner neighborhoods. It was recommended that more historical/cultural sites be inventoried and regulations enacted to preserve landmarks. Design 79 and Design 85 also recognized the importance of historic buildings in downtown and encouraged their protection and rehabilitation. Fe In January, 1988, the Architectural Review Board recommended to the Planning Commission that the H-l, Historic District designation, be given to those buildings in the downtown area that are on the National Register of Historic Places, or are eligible for the National Register of Historic Places, furthermore, at its April 12, 1990, meeting, the Room 355 Municipal Building 215 Church Avenue S.W Roanoke, Virginia 24011 (703) 981-2344 II. Architectural Review Board voted unanimously to recommend to the Planning Commission and City Council that the structure at 107 Jefferson Street become a part of the H-1 district. Plannin~ Commission public hearing was held on Wednesday, November 7, 1990. Mr. Alan Pollard, petitioner and partner in Barr and Associates, appeared before the Commission and stated that 107 S. Jefferson Street, formerly the Brotherhood Men's Clothing Store, is currently vacant and has been for quite sometime, however, Corned Beef and Company Restaurant plans to relocate and expand its operation into this building. He further explained that the H-1 historic district zoning would enable the owners to take advantage of all the financial assistance available for restoration of older, significant buildings in the downtown area. Mr. Pollard also stated that the City Architectural Review Board in April of this year recommended that this property be zoned with the H-1 Historic District designation. Mr. Bradshaw questioned Mr. Pollard as to if he was aware of all the requirements and stipulations involved in having his property zoned with a historic district overlay. Mr. Pollard responded that he did. Mrs. Dorsey gave the staff recommendation of approval of the zoning request on the facts as previously stated by Mr. Pollard. Issues: H-1 zoning will provide protection for the structure and ensure sensitive and appropriate treatment of the architectural features should exterior changes be proposed. The zoning would also encourage rehabilitation and continued use of the structure rather than demolition. Expansion of the H-1 district by including this building would protect this important landmark for future generations. Continued revitalization of downtown is dependent on maintaining significant architectural and historical buildings, maintaining intact groups of buildings, and ensuring appropriate construction for contributing structures. City sponsored preservation incentive programs will become available to assist the property owner in protecting and maintaining this landmark structure. Comprehensive Plan has recommended that the City have a stronger preservation program and begin protection of significant local and existing or potentially eligible state and national register properties. III. Alternatives: A. City Council approve the rezoning request. H-1 zoning would provide protection to this landmark building and ensure sensitive treatment of any exterior alterations. e Expansion of the H-1 district by including this building would help protect both public and private investments downtown. Continued revitalization of downtown would be continued by ensuring that such a significant building would be maintained and appropriate rehabilitation takes place. City-sponsored preservation incentive programs would be available to the property. Comprehensive plan recommendations for the protection and preservation of significant historic and architectural landmark structures in the community would be followed. B. City Council deny the zoning request. H-1 zoning would not be extended to include this significant downtown building which could possibly result in the structure being adversely altered or demolished without public involvement. Expansion of the H-1 district would not occur and could result in some future risk of the public and private investments already in downtown. Continued revitalization of downtown would be adversely affected in that the adopted downtown development plans would not be followed. City-sponsored preservation incentive programs would not be available to the property owners for use in their efforts to protect, preserve and restore this landmark structure. 5. Comprehensive Plan recommendations would not be followed. IV. Recommendation: By a vote of 5-0, the Planning Commission recommended approval of the zoning request. The overlay zoning would provide local ordinance protection of this potential state and national historical register property and would prohibit any adverse alteration or demolition of this significant structure as well as make public financial and technical assistance programs available to assist the owners in the rehabilitation of this property. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf cc: Assistant City Attorney City Engineer Building Commission/Zoning Administrator Petitioner Office of the City Clerk October 18, 1990 File #51 ,~r. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear Mr. Buford: Pursuant to Section 36.1-690(e) of the Code of t~e City of Roanoke (1979), as amended, I am enclosing copy of a petition from BARR & Associates requesting that property located at 107 South Jefferson Street, identified as Official Tax No. 1011125, be rezoned from C-3, Central Business District, to H-l, Historic District Overlay. Sincerely, Mary F. Parker, CMC/AAE City Clerk ~FP:ra REZONE43 Enc. pc: Mr. F. Alan Pollard, II, Partner, BA_RR & Associates, Grandin Road, S. W., Roanoke, Virginia 24015 ~tl~ John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator ~r. Steven J. Talevi, Assistant City Attorney 1504 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROA~OKE,~ VIR~GINIA: Zoning of property located at 107 South Jefferson Street, designated as Official Tax Number 1011125 to H-l, Historic District overlay. TO THE HONORABLE MAYOR ANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, BARR and Associates, owns land in the City of Roanoke containing less than one acre, located at 107 South Jefferson Street designated as Official Tax Number 1011125. Said property is currently zoned C-3, Central Business District. A map of the property to be · designated as a historic district is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be zoned H-l, ~istoric District overlay. The Petitioner believes that the zoning of the said properties will further the intent of the City's Zoning Ordinance and Comprehensive Plan, in that it will add to the historic district and preserve for the future an important building on Jefferson Street, a street which has been determined by the Virginia Department of Historic Resources to be potentially eligible as a National Register Historic District. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across the street from the property to be zoned. WHEREFORE, the petitioner requests that the above described property be zoned H-l, Historic District, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 17th day of October, F. Alan Pollard, II, Partner BARR & Associates 1504 Grandin Road, S. W. Roanoke, Virginia 24015 344-5448 1990. ADJACENT PROPERTY OWNERS Tax No. Tax No. Tax No. Tax No. Tax No. Tax No. 4010301 4010302 4010303 1011124 1011126 1011129 M C Associates Inc. of Roanoke 106 South Jefferson Street Roanoke, VA 24011 Joseph H. Milan, Jr. et als 106 South Jefferson Street Roanoke, VA 24011 Boddie-Noell Enterprises, c/o Rash #56-46-28020 P. O. Box 1600 Rowlett, Texas 75088 Inc. Hugh A. and Bridget B. Meagher 105 South Jefferson Street Roanoke, VA 24011 Hong K. Min 2727 Electric Road, S.W. Roanoke, VA 24018 Greater Roanoke Transit Company c/o City of Roanoke Municipal Building Roanoke, VA 24011 2~ Z~Olla2? ,a&/ENUE LOCATION, J HmO$ I Inl Ill Office of the City Clerk November 27, 1990 File #51 ~r. F. Alan Pollard, II Partner BARR & Associates 1504 Grandin Road, $. ½. Roanoke, Virginia 24015 Dear Hr. Pollard: ! am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of BARR & Associates that property located at 107 South Jefferson Street, identified as Official Tax ~o. 1011125, be rezoned from C-3, Central Business District, to H-l, Historic District Overlay. Pursuat~t to Resolution No. 25523 adopted by the Council of ~he City of Roanoke at a regular meeting held on ~onday, April 6, 1981, a public hearing on the abovedescribed request nas been set for ~onday, December 10, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of ~he ~unicipal ~uilding, 215 Church Aveaue, S. ~. For your information, I am also enclosing copy of a no~ice of ~ae public hearing. ~uestions with regard to the City Planning Commission report should be directed to Mr. ~ohn R. ~arlles, Chief of Community Planning, at 981-2344. $incerely, Nary F. Parker, CMC/AAE City Clerk ~FP:ra PUBLIC43 Eric . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Fo Alan Pollard, November 27, 1990 Page 2 II pc: M. C. Associates, Inc. of Roanoke, 106 South Jefferson Street, Roanoke, Virginia 24011 Mr. Joseph H. Milan, Jr., et als, 106 South Jefferson Street, Roanoke, Virginia 24011 Boddie-Noell Enterprises, Inc., c/o Rash #56-46-28020, P. 0. Box 1600, Rowlett, Texas 75088 Mr. & Mrs. Hugh A. Meagher, 105 South Jefferson Street, Roanoke, Virginia 24011 ~r. Hong K. Min, 2727 Electric Road, S. ~., Roanoke, Virginia 24018 ~r. Stephen A. ~ancuso, General Manager, Valley Metro, P. ©. Box 13247, Roanoke, Virginia 24032 Mr. ~ayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. ~ilburn C. Dibling, Jr., City Attorney ~r. Steven J. Talevi, Assistant City Attorney Mr. Von W. ~oody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission ~r. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Co~issioner and Zoning Administrator Hr. John R. Marlles, Agent/Secretary, City Planning Com~ission Ms. Doris Layne, Office of Real Estate Valuation SFATC Ur- rddL IC4TI dr~ KJF'KcSE!~TAI'iv~' 3F- T~i~ TI~qJS-~Q~LU CU~- PJ~AFION~ NHICm CU~POR~,TIo~ I3 PU~LISnE~ 'iHt S1AIL ~]r ~I~,oI~NIA, dC ~E~I1FY THAT Li/30/¥0 H~R"~INL~ ¢ltV o~l~em~ (1~), ~ ~ i~qct. NOTICE OF PUBLIC HEARING Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, December 10, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of zoning with an H-i, Historic Zoning Overlay, the following pro- perty: Property described as a tract of land located at 107 South Jefferson Street, identified as Official Tax No. 1011125, and currently zoned C-3, Central Central Busi- ness District. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of November 1990. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, November 23, 1990, and once on Friday, November 30, 1990, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 TO THE CITY CLERK OF THE '~IT¥ OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from BARR & Associates that property located at) 107 South Jefferson Street, designated as Official Tax ) No. 1011125, be rezoned with the H-l, Historic District) overlay. ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the 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 October, 1990, notices of a public hearing to be held on the 7th day of November, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS 4010301 M C Associates, Inc. of Rke. 106 S. Jefferson St. Roanoke, VA 24011 4010302 Joseph H. Milan, Jr., et als 106 S. Jefferson St. Roanoke, VA 24011 4010303 Boddie-Noell Enterprises, Inc. c/o Rash $56-46-28020 P.O. Box 1600 Rowlett, Texas 75088 1011124 Hugh A. and Bridget B. Meagher 105 S. Jefferson St. Roanoke, VA 24011 1011126 1011129 Hong K. Min 2727 Electric Road Roanoke, VA 24018 GRTC c/o Steve Mancuso M~rtha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of October, 1990~ Notary Public My Commission Expires: / Office o! the City Clerk October 18, 1990 File #51 Mr. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear Mr. Buford: Pursuant to Section 36ol-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from BARR & Associates requesting that property located at 107 South Jefferson Street, identified as Official Tax No. 1011125, be rezoned from C-3, Central Business District, to H-l, Historic District Overlay. Sincerely, Mary F. Parker, CMC/AAE City Clerk ~P:ra REZONE43 Enc. pc: Mr. F. Alan Pollard, II, Partner, BARR & Associates, Grandin Road, S. W., Roanoke, Virginia 24015 Mr. John R. ~arlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Hr. Steven Jo Talevi, Assistant City Attorney 1504 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANgKE, VIRGINIA: Zoning of property located at 107 South Jefferson Street, designated as official Tax Number 1011125 to H-I, Historic District overlay. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, BARR and Associates, owns land in the City of Roanoke containing less than one acre, located at 107 South Jefferson Street designated as Official Tax Number 1011125. Said property is currently zoned C-3, Central Business District. A map of the property to be designated as a historic district is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be zoned H-i, Historic District overlay. The Petitioner believes that the zoning of the said properties will further the intent of the City's Zoning Ordinance and Comprehensive Plan, in that it will add to the historic district and preserve for the future an important building on Jefferson Street, a street which has been determined by the Virginia Department of Historic Resources to be potentially eligible as a National Register Historic District. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across the street from the property to be zoned. WHEREFORE, the petitioner requests that the above described property be zoned H-i, Historic District, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this F. Alan Pollard, II, Partner BARR & Associates 1504 Grandin Road, S. W. Roanoke, Virginia 24015 344-5448 17th day of October, 1990. ADJACENT PROPERTY OWNERS Tax No. Tax No. Tax No. Tax No. Tax No. Tax No. 4010301 4010302 4010303 1011124 1011126 1011129 M C Associates Inc. of Roanoke 106 South Jefferson Street Roanoke, VA 24011 Joseph H. Milan, Jr. et als 106 South Jefferson Street Roanoke, VA 24011 Boddie-Noell Enterprises, c/o Rash #56-46-28020 P. O. Box 1600 Rowlett, Texas 75088 Inc. Hugh A. and Bridget B. Meagher 105 South Jefferson Street Roanoke, VA 24011 Hong K. Min 2727 Electric Road, S.W. Roanoke, VA 24018 Greater Roanoke Transit Company c/o City of Roanoke Municipal Building Roanoke, VA 24011 9,36 ~K t_Ol! ~ I_0 /$ 10~1615 ~..-------,AVEN UE [25 2~ ?3 [2.2[ 1010'502 H-1 bJ. I- Office of the City Clerk December 19, 1990 File #51 Mr. Bruce E. Mayer Attorney P. O. Box 246 Vinton, Virginia 24179 Dear Mr. ,~ayer: I am enclosing copy of Ordinance Mo. 30331-121790 rezoning a tract of land containing .147 acre, more or less, located at 1017 Syracuse Avenue, N. W., identified as Official Tax No. 2130520, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered Dy the petitioner. Ordinance No. 30331-121790 was adopted by the Council of the City of Roanoke on first reading on Monday, December 10, 1990, also adopted by the Council on second reading on Monday, December 17, 1990, and will ta~e effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Cler~ SHE: ra ~,nc . pC: Mr. Henry J. BraDham, Three Breezewood Circle, Vinton, Virginia 24179 Mr. William E. Lee, 1301 Goodwin Avenue, Salem, Virginia 24153 Vinton Fuel Company, Inc., c/o Brabham Petroleum, P. 0. Box 218, Vinton, Virginia 24179 Impact Housing Corporation, 401 First Street, ~. ~., Roanoke, Virginia 24016 Vinton Development Corporation, p. O. Box 458, Vinton, Virginia 24179 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. Bruce E. Mayer December 19, 1990 Page 2 Mr. Henry E. Waid, 1016 Fairhope Road, N. W., Roanoke, Virginia 24017 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. Charles A. Price, Jr., Chairman, City Planning Commission ,Ur. L. El~ood Norris, Chairman, Board of Zoning Appeals Mr. William F~ Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of December~ 1990. No. 30331-121790. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 213, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District, subject to certain conditions proffered by the Petitioner; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said petition at its meeting on December 10, 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 heard, both for and against the proposed rezoning; and- WHEREAS, this Council, after considering the aforesaid peti- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein pro- vided. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 213 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 1017 Syracuse Avenue, N.W., designated on Sheet No. 213 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2130520 be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed in the Office of the City Clerk on November 2, 1990, and that Sheet No. 213 of the Sectional 1978 Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission December 10, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Brabham Petroleum Company, represented by Bruce Mayer, attorney, that a tract of land lying at 1017 Syracuse Avenue, N.W., official tax number 2130520, be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back~round: Purpose of request is for expansion and reconstruction of an existing convenience store at this location. Be Petition to rezone was filed on September 12, 1990. The following conditions were proffered by the petitioner: That the property will be developed in substantial conformity with the site plan prepared by T. P. Parker and Son, dated July 24, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. e That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RM-1 without further action by City Council. 'l~ne westerly 10' of the lot will be left as a buffer strip which will include a double row of pine trees and a 4' high chain link fence which will run for the length of the property line. Room 355 Municipal Building 215 Church Avenue, SW~ Roanoke, Virginia 24011 (700) 981-2344 Roanoke City Council Page 2 December 10, 1990 The only use to be made of the property will be that of a convenience store and adjacent parking. There will be no outdoor storage or display of merchandise. 6. The existing sign will remain on the site. Hours of operation will be 6:00 a.m. to 11:00 p.m., seven days a week. 8. A new convenience store will be built. Neighborhood organization, Melrose/Rugby Neighborhood Forum, was notified of the proposed rezoning and discussed the matter at its regular meeting on September 5, 1990. Concerns expressed focused on the bank grade area to the rear of the proposed new building and the traffic problems and accidents that have occurred at or near the site. First Planninq Commission public hearing was held on October 3, 1990. Mr. Bruce Mayer appeared before the Commission on behalf of Brabham Petroleum. Mr. Mayer summarized the requested rezoning noting that the existing convenience store had been there for approximately 20 years and it needed to be completely renovated and enlarged to compete in today's market. He stated that the existing gas pump islands, tanks and canopies would remain where they are but the existing store would be torn down and a new larger and modern facility would be built on the rear portion of the property, separate from the gas payment booth at the pumps. Mr. Mayer noted the proposed proffered conditions and site plan. Mrs. Evelyn Dorsey gave the staff report recommending approval of the request. Mr. Roy H. Wade (1111 Syracuse Avenue) appeared before the Commission and stated he was concerned about the current traffic congestion at Syracuse Avenue and 10th Street and what additional impacts this new development would create. He further stated that when property owners in the area were informed that 10th Street would be widened, they were told not to make improvements to their property. He said he felt the rezoning was an injustice because of the new improvements being proposed for the convenience store site. Roanoke City Council Page 3 December 10, 1990 Ms. Estelle McCadden (Melrose Rugby Neighborhood Forum, 2128 Mercer Avenue) appeared before the Commission and stated that the neighborhood forum was in support of the citizens who lived in the area and the forum backed them 100%. She said that the forum was not that much opposed to the rezoning except that there was no room for the expansion. She said that the forum did not want to see C-2 going further to the rear of the property. She also noted that there was more than neighborhood traffic in the area. Mr. Richard Jones appeared before the Commission and stated his concerns with the litter, traffic, and noise from the existing convenience store and that he was concerned as to the effect of this rezoning on the value of his property. He asked the Commission to deny the request. Nelson Jones (1102 Syracuse Avenue) appeared before the Commission and stated he would like to see his neighborhood stay as it was. He said that the expansion of the Lancer Mart would create more problems in the area and his property value would decline. He asked that the Commission consider denial of the request. Geneva B. Jones (Syracuse Avenue) appeared before the Commission and said that she agreed with the residents on 10th Street. She said she was against the rezoning, which would lower property values. She also noted the danger of the traffic situation to elderly people who lived in a convalescent home in the surrounding area. After some discussion by the Commission, action on the request was tabled until the November 7, 1990, meeting in order to give the petitioner an opportunity to meet with residents of the area to further discuss those concerns raised. A meeting was held on October 30, 1990, with the immediate area residents, executive officers of the neighborhood organization, the petitioner, and his attorney and City staff. Five issues and concerns were addressed as follows: the validity of the redevelopment of this property in light of the proposed 10th Street widening project; 2. the current traffic problems and what it would be like with a larger store; Roanoke City Council Page 4 December 10, 1990 the n~mber of past auto accidents at Syracuse Avenue and 10th Street and the possibility of the City installing a traffic light or a yellow caution light at that intersection; the installation of signal lights (warrant studies), its cost, and alternative control measures; and the landscaping and fencing along the rear of the proposed new building. As a result of that meeting, the petitioner (Henry Brabham) agreed to revise some of the previous proffers and to add new ones, including the revision of the proffered site plan, to reflect those agreed upon changes. The consensus of the area residents was that if these concerns are properly addressed to the extent possible, they did not oppose the rezoning. Amended petition to rezone was filed on October 31, 1990. To correct a typing error, a second amended petition was filed on November 2, 1990. The revised and amended proffered conditions are as follows: That the property will be developed in substantial conformity with the site plan prepared by T. P. Parker and Son, dated July 24, 1990, and revised on October 31, 1990, 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 RM-1 without further action by City Council. The westerly 10' of the lot will be left as a grass planted buffer strip which will be the site of two (2) single rows of pine trees located on either side of a 6' high chain link fence which will run for the length of the rear property line. The chain link fence will be positioned between the two (2) rows of pine trees which trees will be at least 6' high. The fencing which is shown as running parallel to the right-of-way of Andrews Road, N.W., and to Syracuse Avenue, N.W., will run at a height of 6' for a distance to a point perpendicular to the rear corner of the proposed building and Roanoke City Council Page 5 December 10, 1990 then run at a height of 4' to a point perpendicular to the front corners of the proposed building. The only use to be made of the property will be that of a highway convenience store and adjacent parking. There will be no outdoor storage or display of merchandise. 6. The existing sign will remain on the site. The hours of operation will be 6:00 a.m. to 11:00 p.m., seven days a week. The petitioner will submit to the City, for review and recordation, a plat of subdivision combining tax parcel 2130520, with the abutting property (under the same ownership) in order to comply with the lot frontage and lot area requirements of the C-2 district, as provided in Section 36.1-209 of the City of Roanoke zoning ordinance. The phone booth at the corner of 10th Street and Syracuse Avenue, N.W., will be moved to the front of the new store. 10. Traffic control striping along 10th Street including in and out directional arrows as required by the City Traffic Engineer will be provided. Second Planning Commission public hearing was held on November 7, 1990. Mr. Bruce Mayer, attorney, appeared before the Commission on behalf of the petitioner, Brabham Petroleum. He noted the request had been tabled in order for the petitioner to meet with the area residents and address their concerns. He stated that as a result of that meeting, a list of revised and new proffers and site plan had been filed for the rezoning request and he proceeded to summarize those changes as they related to specific concerns expressed by the residents. Mrs. Ella Mae Wade, 1111 Syracuse Avenue, N.W., a resident of the area, appeared before the Commission and stated that she appreciated the meeting that was held last week to further discuss their concerns about the traffic safety in the area. She also stated that they received copies of the revised plan and had an opportunity to discuss it with the other residents in the area. Roanoke City Council Page 6 December 10, 1990 Mrs. Dorsey presented the staff report by summarizing the status of the rezoning petition to date, the results of the meeting held to discuss the traffic and landscaping concerns with the adjoining residents of the area and the revised proffered conditions and site plan. She noted that the staff recommendation was approval of the rezoning request given the fact that it would facilitate the renovation and expansion of an existing, small neighborhood business that has been a part of that area for a significant period of time. II. Issues: Zonin~ of the subject property is RM-1, Residential Multifamily District. The adjoining property that will be a part of this development proposal is zoned C-2. The surrounding zoning in the area is as follows: to the north, west and south is RM-1 zoning; to the east is C-2 and across 10th Street is C-2 zoning. Bo Land use of the subject property is vacant, undeveloped. Land uses surrounding the site are as follows: to the north, west, and south of the property are single family residences; to the east immediately adjoining the subject property is a convenience store; further east, across 10th Street, are single family residences and vacant public land. Utilities are available and adequate. The petitioner is aware that the storm drainage system must be designed to discharge into the existing system in Andrews Road and not impact any adjoining properties. Any other engineering or design concerns can be resolved during the comprehensive site development plan review process. Traffic and access. Residents in the immediate area expressed concerns with the volume of traffic, conflict turning movements and the number of auto accidents at Syracuse Avenue and 10th Street and the convenience store site. The City Traffic Engineer has indicated that no increase in traffic to and from the subject property is anticipated as a result of the proposed rezoning. There are no defined curb-cut entrances/exits onto the subject property and due to the proposed 10th Street widening project, no such improvements would be required by the City at this time. In addition, Mr. Bengtson noted that signalization of the 10th Street, Andrews Road, or Syracuse Avenue intersections is not warranted and Roanoke City Council Page 7 December 10, 1990 therefore is not proposed at this time. He further stated it was his opinion that once the 10th Street widening project takes place, some of the traffic movement conflicts at that location would be eliminated by the curb and gutter improvements that would be installed as part of that project. In the interim, Mr. Bengtson stated that directional pavement markings and stripings could help the situation. Screening would be required along the entire western property line boundary which adjoins a residentially zoned district. The proffered site plan and conditions propose two (2) single rows of pine trees on either side of a six foot high chain link fence which would run parallel to Syracuse Avenue and Andrews Road for a short distance and then step down to a four foot high fence to the front corners of the proposed new building. The difference in elevation of the site where the new building is to be constructed also aids in screening and separating the site from the surrounding neighborhood. Neighborhood is primarily older single family residential. The use of the adjoining subject property has existed within the neighborhood for over 20 years. The owner has proposed to substantially improve the property by the construction of a new, larger and modern facility further back onto the site, however, this renovation cannot occur without a change in zoning to the rear portion of the property. After the second meeting was held with the residents of the immediate area and their concerns being properly addressed in the revised proffered conditions and site plan, the neighborhood does not oppose the rezoning request. G. Comprehensive Plan recommends that: Neighborhood character and environmental quality be protected. e Commercial development and its expansion is carefully evaluated to ensure conflict with residential areas is minimal and commercial development is a good neighbor to residential areas. In addition, the appearance of the property and the traffic circulation onto, off, and within the site would be improved as a result of the relocation of the new facility, the required landscaping and buffering and the directional pavement markings and stripings as proffered. The existing topography of the site aids in screening and separating the site from the surrounding residential area. Roanoke City Council Page 8 December 10, 1990 III. Alternatives: City Council approval the rezoning request. 1. Zoning of the subject property would be C-2, General Commercial District,with conditions. Land use would become commercial and the reconstruction and expansion of an existing convenience store could occur. Utilities to the property are adequate. Storm drainage concerns and any other engineering or design problems can be resolved during the comprehensive development plan review process. e Access to and from the site will be provided by the existing driveway entrances onto Andrews Road, Syracuse Avenue and 10th Street. Screening will be provided by the proffered landscaping and fencing and supplemented by any other planting required as a result of the comprehensive development plan review process. Neighborhood realizes the improved service and aesthetic benefits of the proposed remodeling, expansion and updating of the existing convenience store and support the rezoning request to facilitate the reconstruction of the facility. Comprehensive plan issues as set forth would be followed. City 1. Council deny the rezoning request. Zoning of the subject property would remain RM-1, Residential Multifamily District. Land use of the subject property would remain vacant, undeveloped; the adjoining, existing convenience store would remain as is. 3. Utilities would be unaffected. 4. Access would not be an issue. Screening would not be required. Neighborhood would remain unchanged. Comprehensive plan issues as set forth could be followed at a later date. Roanoke City Council Page 9 December 10, 1990 IV. Recommendation: By a vote of 5-0, the Planning Commission recommended approval of the requested rezoning. The modernization, reconstruction and expansion of an existing convenience store further onto the site from the intersection of Syracuse Avenue, 10th Street and Andrews Road would facilitate the preservation and revitalization of a small neighborhood-oriented business that has been a part of the community for a significant period of time providing essential services to the residents of that area. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the Petitioner MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, V~rgm~a 24011 Telephone: (703)981-2541 November 5, 1990 SANDRA H. EAKIN DeputyCityClerk Fi le #51 Mr. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear ~r. Buford: Pursuant to Section 36.1-$90(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Mr. Bruce E. ~ayer, Attorney, representing Brabham Petroleum Company. requesting that a tract of land con- taining .147 acre, more or less, located at 1017 Syracuse Avenue, N. W., identified as Official Tax No. 2130520, be rezoned from RM-1, Residential ~ulti-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions prof- fered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE40 Enc o pc: Mr. Bruce E. Mayer, Attorney. P. O. Box 246, Vinton, 2~.79 John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Virginia SECOND AMENDED PETITION TO REZONE L~WOFFICE BRUCE [ MAYER VINTON. VA. IN RE: TO THE HONORABLE MAYOR ROANOKE: IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA Rezoning of a tract of land lying at 1017 Syracuse Avenue, NW, Tax # 2130520 from RM-1 to C-2, such rezoning to be subject to certain conditions. AND MEMBERS OF THE COUNCIL OF THE CITY The Petitioner, Brabham Petroleum Company, owns land in the City of Roanoke containing .147 acres, more or less, located at 1017 Syracuse Avenue, NW, Tax # 2130520. Said tract is currently zoned A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 District to C-2 District, subject to certain conditions set forth below, for the purpose of expanding an existing convenience store. A new convenience store will be built priOrn~~ the old building being torn down, upon completion of the building, the existing building will be dismantled and replaced by a/ booth (Kiosk) for cash customers. The existing driveways and! canopies will remain. 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 neighborhood commercial services needed 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 conformity with the site plan prepared by T. P. Parker and Son, dated July 24, LAW OF'~ICE BRUC[ E MAYER VINTON, VA. 1990 and revised on October 31, 1990, a copy of which is attache( to the Petition for Rezoning as Exhibit B, subject to any change~ 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 RM-1 without further action by City Council. 3. The westerly 10' of the lot will be left as a grass planted buffer strip which will be the site of two (2) single rows of pine trees located on either side of a 6' high chain llnk fence which will run for the length of the rear property line. The chain link fence will be positioned between the two (2) rows of pine trees which trees will be at least 6' high. The fencing which is shown as running parallel to the right of way of Andrews Road, NW, and to Syracuse Avenue, NW, will run at a height of 6' for a distance to a point perpendicular to the rear corner of the proposed building and then run at a height of 4' to a point perpendicular to the front corners of the proposed building. 4. The only use to be made of the property will be that of a highway[ convenience store and adjacent parking. 5. There will be no out door storage or display of merchandise. 6. The existing sign will remain on the site. 7. The hours of operation will be 6:00 a.m. to 11:00 p.m., seven days a week. 8. The petitioner will submit to the City, a plat of subdivision combining tax abutting property (under for review and recordation,i parcel 2130520, with the~ the same ownership) in order to comply with the lot frontage and lot District, as provided in Section zoning ordinance. The phone booth at the corner of area requirements of the C-: 36.1-208 of the City of Roanok~ 10th Street and Syracuse Avenue,I NW, will be moved to the front of the new store· 10. Traffic control striping along 10th Street including in and out directional arrows as required by the City Traffic Engineer will be provided. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the 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 ay of ~ , 1990. Respectfully submitted, BRABHAM PETROLEUM COMPANY F~enry J.6~abham, IV, Presid ~ttorney at Law ~ P. O. Box 246 Vinton, Virginia 24179 (703) 342-3787 LOCATION "I i t Inl Inl Office of the City Clerk November 27, 1990 File #51 Mr. Bruce E. Mayer Attorney P.. O. Box 246 Vinton, Virginia 24179 Dear Mr. Mayer: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Brabham Petroleum Company, that a tract of land containing .147 acre, more or less, located at 1017 Syracuse Avenue, N. ~., identified as Official Tax No. 2130520, De rezoned from R~-I, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, December 10, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which aotice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning. at 981-2344. Sincerely, Mary F. Pa~ker, CMC/AAE City Clerk MFP:ra PUBLIC40 Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 ~r. Bruce E. Mayer November 27, 1990 Page 2 pc: Mr. Henry J. Brabham, Three Breezewood Circle, Vinton, Virginia 24179 ~r. William E. Lee, 1301 Goodwin Avenue, Salem, Virginia 24153 Vinton Fuel Company, Inc., c/o Brabham Petroleum, P. O. Box 218, Vinton, Virginia 24179 Impact Housing Corporation, 401 First Street, N. W., Roanoke, Virginia 24016 Vinton Development Corporation, P. O. Box 458, Vinton, Virginia 24179 Mr. Henry E. Waid, 1016 Fairhope Road, N. W., Roanoke, Virginia 24017 ~r. 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. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles ~. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission ~s. Doris Layne, Office of Real Estate Valuation PUbL I.~dER ' 3 r-EE JKUCE ~ ;4AYE& ATTd~NC~ STALE OF VINCI CiTY CF AFFI U,~,V i [ CF PUdLiUAI l* (T~i~- Ui~DfiKSI'oNcD) ~N ;iuTH~]RIZ~-D kLPKcSm%TAIIvfi ©F t'~E TI~qtS-mdRLb C~R- POKATioN, ~r~ICH C,]K~UK~Tid~ IS PU~LIShcK OF ThLz DALLY IH~ STATE ur VirGINIa, DC CERTIFY [fIAT f~E~SH4PEKS ~,~ r~ FOLLd~i~ D~T~S 11/30/~0 ?lt]ANING v~ITNESS, NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, December 10, 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 RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, the following property: A tract of land lying and being at 1017 Syracuse Avenue, N. W., in the City of Roanoke, bearing Official Tax No. 2130520. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of November , 1990 Mary F. Parker, City Clerk Please publish in full twice, once on Friday, November 23, 1990, and once on Friday, November 30, 1990, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Mr. Bruce E. Mayer, Attorney Room 456, Municipal Building P. O. Box 246 Roanoke, Virginia 24011 Vinton, Virginia 24179 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virgm~a 24011 Telephone: (703)981 2547 November 5, 1990 SANDRA H. [AKIN Deputy City Clerk File #51 Mr. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear Mr. Buford: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Mr. Bruce E. Mayer, Attorney, representing Brabham Petroleum Company, requesting that a tract of land con- taining .147 acre, more or less, located at 1017 Syracuse Avenue, N. W., identified as Official Tax No. 2130520, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2. General Commercial District, subject to certain conditions prof- fered by the petitioner. Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE40 Eno o pc: Mr. Bruce E. Mayer, Attorney, P. O. Box 246, Vinton, Virginia 24179 Mr. John R. Marlles, Agent~Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. $teven J. Talevi, Assistant City Attorney LAW OFFICE BRUCE E MAYER VINTON VA IN RE: SECOND AMENDED PETITION TO REZONE The Petitioner, Brabham Petroleum Company, owns land in the City of Roanoke containing .147 acres, more or less, located at 1017 Syracuse Avenue, NW, Tax # 2130520. Said tract is currently zoned RM-1. A map of the property to be rezoned ks attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 District to C-2 District, subject to certain conditions set forth below, for the purpose of expanding an existing convenience store. A new convenience store will be built prior to the old building being torn down, upon completion of the new building, the existing building will be dismantled and replaced by a booth (Kiosk) for cash customers. The existing driveways and canopies will remain. 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 neighborhood commercial services needed 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 conformity with the site plan prepared by T. P. Parker and Son, dated July 24, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying at 1017 Syracuse Avenue, NW, Tax # 2130520 from RM-1 to C-2, such rezoning to be subject to certain conditions. LAW OFFICE BRUCE E MAYER VINTON, VA 1990 and revised on October 31, 1990, a copy of which is attachec 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 constructio~ commenced within 3 years from the date of final zoning approval, the zoning shall revert to RM-1 without further action by City Council. 3. The westerly 10' of the lot will be left as a grass planted buffer strip which will be the site of two (2) single rows of pine trees located on either side of a 6' high chain link fence which will run for the length of the rear property line. The chain link fence will be positioned between the two (2) rows of pine trees which trees will be at least 6' high. The fencing which is shown as running parallel to the right of way of Andrews Road, NW, and to Syracuse Avenue, NW, will run at a height of 6' for a distance to a point perpendicular to the rear corner of the proposed building and then run at a height of 4' to a point perpendicular to the front corners of the proposed building. 4. The only use to be made of the property will be that of a highway convenience store and adjacent parking. 5. There will be no out door storage or display of merchandise. 6. The existing sign will remain on the site. 7. The hours of operation will be 6:00 a.m. to 11:00 p.m., seven days a week. 8. The petitioner will submit to the City, for review and recordation, a plat of subdivision combining tax parcel 2130520, with the abutting property under the same ownership) in order to comply LAW OFFICE BRUCE E MAYER VlNTON, VA 10. with the lot frontage and lot District, as provided in Section zoning ordinance. of the owner or owners of all lots or to or immediately across a street or rezoned. WHEREFORE, the Petitioner requests area requirements of the C-~ 36.1-208 of the City of Roanoke The phone booth at the corner of 10th Street and Syracuse Avenue, NW, will be moved to the front of the new store. Traffic control striping along 10th Street including in and out directional arrows as required by the City Traffic Engineer will be provided. Attached as Exhibit C are the names, addresses and tax numbers property immediately adjacent road from the property to be 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~dayof ~-~+~ , 1990. Respectfully submitted, BRABHAM PETROLEUM COMPANY Henry J.d~aSham, IV, President Attorney at Law P. O. Box 246 Vinton, Virginia (703) 342-3787 24179 Office of the City Clerk .¥ovember 1, 1990 File #51 Mr. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear Mr. Buford: 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 Hr. Bruce E. Mayer, Attorney, representing Brabham Petroleum Company, requesting that a tract of land containing .147 acre, more or less, located at 1017 Syracuse Avenue, N. ~., identified as Gfficial Tax No. 2130520, be rezoned from R~-i, Resiaentiel Multi-Family, Low vensity District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra REZONE40 Enc. pc: Mr. Bruce E. ~ayer, Attorney, P. O. Box 246, Vinton, Virginia 24179 Mr. John R. Marlles, Agent~Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Aaministrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 FIRST AMENDED PETITION TO REZONE' LAW OFFICE BRUCE E MAYER VINTON, VA IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying at 1017 Syracuse Avenue, NW, Tax # 2130520 from RM-1 to C-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Brabham Petroleum Company, owns land in the City of Roanoke containing .147 acres, more or less, located at 1017 iSYracuse Avenue, NW, Tax # 2130520. Said tract is currently zoned RM-1. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 District to C-2 District, subject to certain conditions set forth below, for the purpose of expanding an existing convenience store. A new convenience store will be built prior to the old building being torn down, upon completion of the new building, the existing building will be dismantled and replaced by a booth (Kiosk) for cash customers. The existing driveways and canopies will remain. 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 neighborhood commercial services needed 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 conformity with the site plan prepared by T. P. Parker and Son, dated July 24, LAW OFFICE BRUCE E MAYER VINTON, VA 1990 and revised on October 31, 1990, 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 RM-1 without further action by City Council. 3. The westerly 10' of the lot will be left as a grass planted buffer strip which will be the site of two (2) single rows of pine trees located on either side of a 6' high chain link fence which will run for the length of the rear property line. The chain link fence will be positioned between the two (2) rows of pine trees which trees will be at least 4' high. The fencing which is shown as running parallel to the right of way of Andrews Road, NW, and to Syracuse Avenue, NW, will run at a height of 6' for a distance to a point perpendicular to the rear corner of the proposed building and then run at a height of 4' to a point perpendicular to the front corners of the proposed building. 4. The only use to be made of the property will be that of a highway convenience store and adjacent parking. 5. There will be no out door storage or display of merchandise. 6. The existing sign will remain on the site. 7. The hours of operation will be 6:00 a.m. to 11:00 p.m., seven days a week. 8. The petitioner will submit to the City, for review and recordation, a plat of subdivision combining tax parcel 2130520, with the abutting property (under the same ownership) in order to comply LAW OFFICE BRUCE E MAYER VINTON, VA with the lot frontage and lot area requirements of the C-: District, as provided in Section 36.1-208 of the City of Roanoke zoning ordinance. 9. The phone booth at the corner of 10th Street and Syracuse Avenue NW, will be moved to the front of the new store. 10. of the to or immediately rezoned. WHEREFORE, Traffic control striping along 10th Street including in and ou directional arrows as required by the City Traffic Engineer wil be provided. Attached as Exhibit C are the names, addresses and tax numbers owner or owners of all lots or property immediately adjacent across a street or road from the property to be tract be rezoned as requested in the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~/~ayof the Petitioner requests that the above-described accordance with the provisions of 1990. Respectfully submitted, BRABHAM PETROLEUM COMPANY Vinton, Virginia 24179 (703) 342-3787 Henry J. Br~bham, IV, President Office of the City Clerk September 17, 1990 File #51 Mr. Michael ~. Waldvogel, Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of t~e City of' Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Bruce Eo Mayer, Attorney, representing Brabham Petroleum Company, requesting that a tract of land containing .147 acre, more or less, locatea at lu17 Syracuse Avenue, N. W., identified as Official Tax No. 2130520, be rezoned from RM-1, Residential Multi-Family, Low Oensity District, to C-2, General Commercial District, subject to certain conditions proffered by the peti- tioner. Sincerely, Mary F. Parker, C~IC/AAE City Clerk MFP:ra REZONE40 Eric o pc: Mr. Bruce E. Mayer, Attorney, P. 0. Box 246, Vinton, Virginia 24179 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Tn levi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANoKE~ ~VIRGINIA Rezoning of a tract of land lying at 1017 Syracuse Avenue, NW, Tax # 2130520 from RM to C-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Brabham Petroleum Company, owns land in the City of Roanoke containing .147 acres, more or less, located at 1017 Syracuse Avenue, NW, Tax # 2130520. Said tract is currently zoned RM. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM District to C-2 District, subject to certain conditions set forth below, existing convenience store. partially dismantled leaving a exisiting driveways and canopies will remain. store will be built. The Petitioner believes the rezoning of land will further the intent and purposes of Ordinance and its comprehensive plan, in that it will neighborhood commercial services needed in the area. The Petitioner hereby proffers and agrees that said tract subject to, conditions: for the purpose of expanding an The existing building will be boothe for cash customers and the a new convienence of the said tract the City's Zoning provide if the is rezoned as requested, that the rezoning will be and that the Petitioner will abide by, the following 1. That the property will be developed in substantial conformity with the site plan prepared by T. P. Parker and Son, dated July 24, 1990, 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 RM without further action by City Council. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. 3. The westerly 10' of the lot will be left as a buffer strip which will include a double row of pine trees and a 4' high chain link fence which will run for the length of the property line. 4. The only use to be made of the property will be that of a convenience store and adjacent parking. 5. There will be no out door storage or display of merchandise. 6. The existing sign will remain on the site. 7. Hours of operation will be 6:00 a.m. to 11:00 p.m., seven days a week. 8. A new convenience store will be built. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this /~day of ~E~~ , 1990. Bruce E. Mayer Attorney at Law P. O. Box 246 Vinton, Virginia (703) 342-3787 24179 Respectfully submitted, BRABHAM PETROLEUM COMPANY By Of Counsel ~/~-~ BRABHAM PETROLEUM COMPANY ~0 6o i AVE','VU£ EXHIBIT "C" Adjacent Property Owners Official Tax Numbers 2130421 2130423 2130522 2130521 2130524 2130611 2130612 2130613 Owner's Name and Mailinq Address Henry J. Brabham 1610 Tenth Street, NW William Lee 1031 Andrews Road, NW Vinton Fuel Company, Inc. 1522 10th Street, NW Vinton Fuel Company, Inc. Syracuse Avenue Impact Housing Corp. 1025 Syracuse Avenue, NW Louise Craig Blackard 2212 Tenth Street Louise Craig Blackard 2212 Tenth Street Dewey R. C. Bailey 3314 Courtland Avenue, NW TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Brabham Petroleum Company, represented ) Bruce Mayer, attorney, that a tract of land lying at ) 1017 Syracuse Avenue, N.W., official tax number 2130520, ) be rezoned from RM-1, Residential Multifamily, Low Density)AFFIDAVIT District, to C-2, General Commercial District, such ) rezoning to be subject to certain conditions proffered by ) the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the 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 October, 1990, notices of a public hearing to be held on the 7th day of November, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNERf AGENT OR OCCUPANT ADDRESS 2130421 2130423 Henry J. Brabham William E. Lee 3 Breezewood Circle Vinton, VA 24179 1301 Goodwin Avenue Salem, VA 24153 2130522 Vinton Fuel Co., Inc. P.O. Box 218 2130521 c/o Brabham Petroleum Vinton, VA 2419 2130524 Impact Housing Corp. 401 1st Street, NW Roanoke, VA 24016 2130611 Vinton Development Corp. P.O. Box 458 2130612 Vinton, VA 24179 2130613 Henry E. Waid 1016 Fairhope Road, NW Roanoke, VA 24017 Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 29th day of October, 1990. Notary Public / My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST~F: ~< Request from Brabham Petroleum Company, represented ) Bruce Mayer, attorney, that a tract of land lying at ) 1017 Syracuse Avenue, N.W., official tax number 2130520, ) be rezoned from RM-1, Residential Multifamily, Low Density)AFFIDAVIT District, to C-2, General Commercial District, such ) rezoning to be subject to certain conditions proffered by ) the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the 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 24th of September, 1990, notices of a public hearing to be held on the 3rd day of October, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address-. PARCEL OWNERf AGENT OR OCCUPANT ADDRESS 2130421 Henry J. Brabham 3 Breezewood Circle Vinton, VA 24179 2130423 William E. Lee 1301 Goodwin Avenue Salem, VA 24153 2130522 Vinton Fuel Co., Inc. P.O. Box 218 2130521 c/o Brabham Petroleum Vinton, VA 2419 2130524 Impact Housing Corp. 401 1st Street, NW Roanoke, VA 24016 2130611 Vinton Development Corp. P.O. Box 458 2130612 Vinton, VA 24179 2130613 Henry E. Waid 1016 Fairhope Road, NW Roanoke, VA 24017 ha Pace Franklin ~ SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1990. My Commission Expires: ANDR£ WS ,~OA D N. W. ,~/ w CHAIN $ 5 7 ~5 '00"£ -~ /oeZ A ND I0 NS CONCEPTUAL PLAN FOR BRABHAM PETROLEUM CO. SITUATE 10 TH. STREET N. W. SCALE: 1" = 20' ROANOKE, VIRGINIA DATE: AUG. 23, 1990 DESIGNED BY _/V'-/ DRAWN BY CHECKED BY wo # NB ~"- 7~ TAX # g~/30520~ 21, 2£ T. P.. PARKER & SON engineers & surveyors, ltd. TELEPHONE (703) 387-1153 P.O. BOX 39, SALEM, VIRGINIA 24153 Office of the City Clerk December 19, 1990 File #448 Mr. Howard E. ~usser, Chairman Regional Cable Television Committee Roanoke, Virginia Dear Mr. ~usser: I am attaching copy of Qrainance No. 30338-121790 extending the franchise of Cox Cable Roanoke, Inc., to operate a cable televi- sion system in the City for a period of 60 days beginning at 12:00 midnight, on December 31, 1990, under the same terms and conditions as contained in the existing franchise agreement bet- ween Cox Cable Roanoke, Inc., and the City of Roanoke, dated January 20, 1975, as amended. Ordinance No. 30338-121790 was adopted by the Council of the City of Roanoke on first reading on Monday, December 10, 1990, also adopted by the Council on second reading on ~onday, December 17, 1990, and will take effect ten days following the date of its second reading. Sincerely, SHE: ra Eric . pc: Sandra H. Eakin Deputy City Clerk ~r. Robert E. Glenn, Attorney for Cox Cable Roanoke, P. ©. Box 2887, Roanoke, Virginia 24001 Mr. Bernard W. Langheim, General Manager, Cox Cable Roanoke, Inc., 1909 Salem Avenue, S. ~., Roanoke, Virqinia 24016 Mr. ~. Robert Herbert, City ~anager Mr. ~ilburn C. Dibling, Jr., City Attorney Members, Regional Cable Television Committee Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th Day of December, 1990. No. 30338-121790. VIRGINIA AN ORDINANCE extending the franchise of Cox Cable Roanoke, Inc. to operate a cable television system in the City for a period of 60 days. BE IT ORDAINED by the Council of the City of Roanoke that in order to permit Cox Cable Roanoke, Inc. to continue to operate cable television franchise within the territorial limits of the City of Roanoke, after December 31, 1990, the franchise of Cox Cable Roanoke, Inc. for the operation of a cable television system within the City of Roanoke, Virginia, is hereby extended for a period of sixty (60) days beginning at 12:00 midnight, on December 31, 1990, under the same terms and conditions as con- tained in the existing franchise agreement between Cox Cable Roanoke, Inc. and the City of Roanoke, dated January 20, 1975, as amended. ATTEST: City Clerk. Office of the Council December 10, 1990 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Extension of Cable Television Franchise Dear Mrs. Bowles and Gentlemen: As you are aware, the Roanoke Regional Cable Television Committee is currently conducting negotiations with Cox Cable Roanoke, Inc. with regard to the renewal of the existing cable television franchise. The current 15-year franchise agreement between the City of Roanoke and Cox Cable Roanoke, Inc. expires on December 31, 1990. Substantial progress has been made in the renewal process. Nevertheless, it will not be possible to conclude the renewal process prior to December 31, 1990. Federal and state law preclude Cox Cable Roanoke, Inc. from operating a cable television system in the City of Roanoke without a valid franchise agreement. Therefore, I recommend adoption of the attached ordinance which would provide for a 60-day extension of the existing cable television franchise with Cox Cable Roanoke, Inc. It is my understanding that Roanoke County and the Town of Vinton also intend to provide for a 60-day extension of their respective franchises with Cox Cable Roanoke, Inc. I will be pleased to respond to any comments or questions that you may have with regard to this matter. Ve~yyruly yours, Chairman, Roanoke Regional Cable Television Committee MAW:vt cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Members, Roanoke Regional Cable Television Committee Room 456 Municipal Building 21.5 C~urch Avenue, SW. R~x~nok~r Virginia 24011 (703) 981-254. t Office of the City Clerk December 19, 1990 File #370-60 Mr. ~. Robert ~erbert City ~naqer Roanoke, Virginia Dear Mr. Herbert: At the regular meeting of the Council of the City of Roanoke held on Monday, December 17, 1990, you were requested to submit a recommendation to Council auring 1990-1991 budget study with regard to budgeting for capital equiament expenditures as a part of the City's fiscal year budget. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra pc: Mr. Joel M. Schlanger, Director of Finance ~r. Barry L. Key, ~anager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2541 Office of the City Clerk December 19, 1990 File #176-95 Mr. Witburn C. Dibling, City Attorney Roanoke, Virginia Dear ~r. Dibling: At the regular meeting of the Council of the City of RoanoKe held on Monday, December 17, 1990, on motion, duly seconded and unani- mously aaopted, you were requested to confer with the Commonwealth's Attorney and the Police Chief through the City Manager, to revie~v the City's anti-solicitation ordinance for possible revision, and to draft a measure relative to prohibiting audity and obscenity auring concerts at the Roanoke Civic Center. Sincerely, Sanara t~. Eatcin ~J Deputy City Clerk ERE: ra DC: The Honorable Donala S. Calawell, Commonwealth's Attorney ~r. ~. Robert Herbert, City Manager Mr. George C. gnead, Jr., Director of Administration and Public Safety ~r. M. David Hooper, Chief of Police Mr. Bob E. Chapman, Manager, Civic Facilities Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk December 19, 1990 File #24-280-50 ~r. W. Robert ~erbert, City Manager Hr. ~ilourn C. Diblinq, Jr.. City Attorney Hr. Joel M. Schlanger, Director of Finance Gentlemen: At the regular meeting of the Council of the City of Roanoke ite[d on ~onday, December 17, 1990, on motion, auly seconded aad unani- mously adopted, proposed changes to the City Charter ana City Code with regard to the duties and responsibilities of the Municipal Auditor's position, were referred to you for input, and Council authorized advertisement of a public hearia~ to be held on ~onday, January 7, 1991, at 2:00 p.m., or as soon thereafter as the matter may be heara, with regard to the proposed Charter changes. Sincerely, Sandra H. Eakin .f Deputy City Clerk~ SHE: ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (793) 981.2541 Office of the City Clerk December 19, 1990 File #24 Mr. ~. Rober~ 9erbert, City ~anager Sr. ~ilburi~ C. Dibling, Jr., City Attorney Gentlemen: At the regular meeting of the Council of the City of Roanoke held on Monday, December 17, ~990, on motion, duly seconded and unani- mously adopted, Council authorized advertisement of a public ~eari~g to be ~eld on ,~onday, January 7, 1991, at 2:~0 ~.m., or as soon thereafter as the matter may be heard, ~ith regard to increasing t~e penalty for violations of City misdemeanors from $1,000.0o to $2,500.00. Sincerely, SHE:ra Sandra Ii. Eakin ~J Deput~ City Cler~ Room 456 Municipal Buitding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2941