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HomeMy WebLinkAboutCouncil Actions 03-28-88Bo~ REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL March 28, 1988 -- 7:30 p.m. William Fleming High School AGENDA FOR THE COUNCIL Call to Order -- Roll Call. ~. Tro~ wa~ absent. The invocation will be deliwered by The Reverend Robert J. Lee, Pastor, Church of God In Christ. Pr~ent. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Review and consideration by the Mayor and members of Council of the following applications for appointment to the Roanoke City School Board, for terms co~encing July 1, 1988, and ending June 30, 1991, pursuant to Section Code of the City of Roanoke, 1979, as amended: C~ified for interview. Marilyn C. Curtis LaVerne B. Dillon Emanuel C. Edwards David K, Lisk Velma Seif James M. Turner, Jr. 9-19 of the BID OPENINGS A. Bids for grading, landscaping and irrigation for Williamson Road Gateway Park. l~O big5 were~re~e~ to a committee composed of MessY. Garland, Ch~man, ~neaa ana Clark. B. Bids for replacement of an existing diesel engine blower drive unit with an electric motor at the Water Pollution Control Plant. Two bi~ were relied to a committee composed of M~s~. Garland, Chairman, K~ser and Cl~k. CONSENT AGENDA {Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of Council held on Tuesday, February 16, 1988, the special meeting held on Wednesday, February 17, 1988, and the regular meetings held on Monday, February 22, ~nday, March 7 and Monday, March 14, 1988. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. (1) C-2 C-3 C-4 C-$ C-6 C-7 C-8 A communication from Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board, transmitting a certified copy of the abstract of votes cast in the dual party Presidential Primary elections held in the City of Roanoke on March 8, 195~ RECOMMENDED ACTION: Receive and file. A report of the City Manager currence in the Proposed Budget Study Fiscal Year 1988-89. requesting Council's con- and Adoption Schedule for RECOMMENDED ACTION: Concur in recon'gnendation. A communication from Mr. Bobby L. Browning tendering hie resignation as a member of the Personnel and Employment Practices Corr~ission. RECOMmeNDED ACTION: Accept resignation with regret and receive and file communication. Qualification of Vicki Stauffer as a member of the Roanoke Arts Cor~nission for a term ending June 30, 1990. RECOMmeNDED ACTION: Receive and file. Qualification of Alphonso McCain as a member of the Citizens' Services Cor~nittee for a term ending June 30, 1988. RECOMMENDED ACTION: Receive and file. A report of the City Attorney requesting an Executive Session to discuss a matter of pending litigation, pursuant to Section 2.1-344 (a) (6). Code of Virginia (1950), as amended. RECOMmeNDED ACTION: Concur in request for Council to convene in Executive Session to discuss a matter of pending litigation, pursuant to Section 2.1-344 (a) (6), Code of Virginia (1950), as amended. A communication from Mr. John H. Parrott, Chairman, Roanoke Valley Regional Solid Waste Management Board, transmitting the budget recap and revenue projections as approved by the Board for fiscal year 1988-89. RECO~,~NDED ACTION: Receive and file. Requ~t of the Crty's repr~e~v~ to the Regional Landfi~IBoard for an Exec~ve S~sion to d~sc~s acquisition of real prop~y for public purpose. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Presentation of Corrgnission. Mr. ReceJ~ved and fgied. the 1987 Annual Report of the City Planning Michael M. Waldvogel, Chairman. (2) Petitions and Corr~unications: A communication from the Roanoke City School Board requesting appropriation of $221,791.00, representing tae final installment of the Schools' share of the Capit~l Maintenance and Equipment Replacement Fund, to provide for the purchase of School Instructional Council equipment requests, instructional computer equipment, replacement equipment for school cafeterias, equipment needs for the Department of School Plants, and roof repairs at Woodrow Wilson Junior High School· Adopted Ordinance No. 29035. (6-0) Reports of Officers: a. City Manager: Briefings: A report with regard to the development of a preser- vation~ planning and development strategy for the City of Roanoke· No action. Items Recommended for Action: A report with regard to the request of Faith Christian Church (Valley Christian Center) for authorization to hold more than four acres of land in the City of Roanoke. Denied the recommendation of the City Manager. 3. A report recommending appropriation of $45,816.00 from the Capital Maintenance and Equipment Replacement Program to specific accounts, to allow for designated expenditures for necessary office automation items. Adopted Ordinance No, 29036, 4. A report recommending appropriation of $100,000.00 from the Capital Maintenance and Equipment Replacement Program to specific budget accounts for previously approved expenditures with regard to traffic signal replacement· Adopted Ordinance No. 29037. (6-0) 5. A report recommending authorization to submit a list of streets to the Virginia Department of Transportation for approval by the Commonweal th Transportation Board to enable State ~iaintenance Payment eligibility. Conc~ed in repo~. 6. A report recommending authorization to issue Change Order No. 2 to the contract wi th fi· Hamner Gay and Co., [nc., for construction of the Mud Lick Sanitary Sewer, Phase I. Adopted Ordinance No. 29038. (6-0) A report recommending authorization to issue Change Order No. 2 to the contract with Fo L. Showalter, Inc., for Williamson Road Storm Drain and East Sanitary Sewer, Phase I, Contract II. Adopted Ordinance No, 29039. (3) 8. A report recommending authorization to accept the dona- tion of right-of-way from fifteen property owne.s abutting Lake Drive, S. W., for a distance of approxi- mately 957 feet west of Deyerle Road, for the purpa§e of establishing a publicly dedicated and maintained fifty foot wide right-of-way. Adopted Ordinance No. 29040 on first reading. (6-0) 9. A report recommending authorization to execute a contract with Mr. Ky lo ~. Taylor, II, providing for reimbursement of certain costs for relocating, reno- vating and selling the house presently located at 2052 Centre Avenue, N. W., under the Vacant Lot tIomesteading Program. Adopted Ordinance No. 29041. (6-0) 10. 11. Director of Finance: A report recommending authorization to execute a right- of-entry agreement allowing Tultex Corporation to enter upon City property, Berkley Road site, for the purpose of constructing a sewing manufacturing plant, upon cer- tain terms and conditions. Adopted Ordinance No. 29042 on first reading. (6-0) A report concurring in a report of the Bid Committee recommending acceptance of the bid submitted by Dickerson GMC-Truck-Peterbilt, Inc., for one cab/chassis, in the amount of $17,969.00, and the bid submitted by MAP Enterprises, Inc., for one utility body and platform lift, in the amount of $34,635.00, for the Signals and Alarms Department; and appropriation of funds therefor. Adopted Ordinance No. 29043 and Ordinance No. 29044. (5-0, Mr. Bowers abstained from voting. I i. A financial report for the Received and filed. Reports of Corr~7~ittees: None. month of February, 1988. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29025. on second reading, permanently vacating, discontinuing and closing portions of Light Street, No E., between Eastern Avenue and Edmund Avenue, bounded by Official Tax Nos. 3210329, 3210313, 3210616 and 3210601. Adopted 0rdinance No. 29025. (6-0) Ordinance No. 29026, on second reading, rezoning a tract of land containing 0.1 acre, more or less, located at 1630 Loudon Avenue, N. W., designated as Official Tax No. 2212001, from LM, Light Manufacturing District, to CN, Neighborhood Commercial District. Adopted Ordinance No. 29026. (6-0) Ordinance No. 29027, on second reading, rezoning two tracts of land located on the east side of Pete.s Creek Road. N. W., south of its intersection with Cove Road, identified as Official Tax Nos. 6370106 and 6370107, containing 5.526 (4) and 11.340 acres, respectively, from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Con~nercial District, subject to certain proffered conditions. Adopted Ordinance No. 29027. {6-0) ~. Ordinance No. 29028, on second reading, rezoning a tract of land lying behind and to the right of Piccadilly Square Shopping Center, containing .77 acres, more or less, located at 3121 Franklin Road, S. W., identified as Official Tax Nos. 1290111, 1290117, and 1290118. from RS-3, Residential Single-Family District, to C-2, General Corr~nercial District, subject to certain proffered conditions. Adopted Ordinance No. 29028. (6-0) Ordinance No. 29029, on second reading, granting to the Western Virginia Foundation for the Arts and Sciences, a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. Adopted 0rdinance No. 29029. f. Ordinance No. 29034, on second reading, authorizing the execution of an agreement for purchase and sale relating to an approximately 13.820 acre parcel in Roanoke Centre for Industry and Technology; and authorizing the execution of the requisite deed for conveying such property. Adopted Ordinance No. 29034. (6-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. b. Vacancies on various authorities, boards, corr~nissions and committees appointed by Council. i0. Other Hearings of Citizens: Ms. Anna R. Meador, 250 Proton Avenue, N. E., advised t~ Roanoke City police officers deserve higher pay, and should be compe~ated at least in the range of law enforceme~ offic~ in Roanoke Cou~y. ($) "You know it can happen any- ~ay Feb. 6, i985, her husband, James, ~m- did not come home. He and a on, co.-~,'~'ker were killed in a nitroglyc- :er- cnn e:~plosion. "You expect it all the time," Brookrnan said. "You just have to al- deal with it on a day-to-day basis." time, but the main thing you think 3 about is doing your job and doing it lc fight," Anderson said. "And if you pl do it right, then it's as safe as driving w down the road." pi Despite appearances, it was business as usual Sunday at the ha ~en ~zen pin. Is of late dof ,tom ~key acti- , the nula than long nent ~ the ~lo- ly to tern- on is ttists I~er- .'xls a llure -! II saying the nuclear test was an un- conventional but vital milestone that has demonstrated microfu- sion's feasibility and generated valu- able data that will help make it prac- tical. Despite the discord, the secret success has generally elated fusion scientists who know of it. In a tantalizing, little-noticed statement last September, Sheldon Kahalas, director of the nation's mi- crofusion effort, ton by the federal Department of Energy, told a Princeton University conference that a top-secret effort code named Centurion-Halite had achieved re- suits that marked a "historical turn- ing point" for the fusion program. However, he and other scien- tists at the Princeton conference said the nation was ready to start planning a full-scale laboratory mi- crofusion facility, which they esti- mated would cost between $500 mil- lion and $1 billion. "There's a new sense of excite- ment,'' William J. Hogan, a micro- fusion official at the Lawrence Liv- ermore National Laboratory in California, said in an interview. "In the last two years, we've gotten al- roost all the data we wanted." Israel lio FROM PAGE A1 most sacred site ia Judaism. He told a ~'oup of supporters that the protests in the occupied ter- rea ritories had the same goal as the no~ Arab wars against Israel: "The put- er~ pose is through the use of force to get rid of uS." cr~ Bethlehem Mayor Elias Freij rity said the situation in the territories roc~, "will be aggravated" by the shoot- bug lng. But he blamed the frustration of who Arab protesters on Israel's occupa- Leb tion of lands captured in the 1967 invt Middle East war. "The key to calming down the fron situation is in the hands of the Ils- Let~ raeli] minister of defense and the artiI government," he said. litim Freij said the army had used no~ welding torches during the two pre- vious days to seal 20 shops that were following hours mandated by the Palestine Liberation Organization. He said souvenir shops on Manger Square had been shuttered for six days because of conflicting army and PLO demands. Meanwhile, Israelis strafed hills NOTICE OF REGULAR MEETING OF THE COUNCIL OF THE CITY OF ROANOKE The regular meeting of the Council of the City of Roanoke will be held on Monday, March 28, 1988, at 7:30 p.m., in the William Fleming High School Audi- torium. The public is invited to attend. Anyone having questions regarding the meeting should call the City Clerk's Office at 981-2541. Given under my hand this 16th day of March, 1988. Mary F. Parker City Clerk MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE March 30, 1988 File #40 Mr. Alton B. Prillaman, Secretary Roanoke City Electoral ~oard 2803 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Prillaman: Your communication transmitting a certified copy of the abstract of votes cast in the dual party Presidential Primary elections held in the City of Roanoke on March 8, 1988, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. On motion, duly seconded and adopted, the communication was received and filed. Sincerely,/~,l~,~~° Mary F. Parker, CMC City Clerk MFP : ra pc: Ms. Audrey M. Franklin, Registrar Room 456 Munlcipol Building 215 C~urch A~"~ue, S.W. Roanoke, '~rglnla 240t I (703) 981-2541 Ei,ECTOR^L BOARD g[IBA C. PIRKEY, (hairm~n CHARLES T. fiR[IN, Vice C},Mrman ALTON fl. PAll. LA#AN, Secretary RS_c_r :~ E March 11, 1988 Mrs. Mary F. Parker City Clerk Municipal Building Roanoke, Virginia 24011 Dear Mrs. Parker: Pursuant to Section 24.1-150 of the Virginia Election Code, attached is a certified copy of the abstract of votes cast in the dual party Presidential Primary elections held in the City of Roanoke on March 8, 1988. Sincerely, ~ Alton B. Prillaman, Secretary Roanoke City Electoral Board Attachment ABSTRACT OF VOTES cast in the Ge~y/Gity of Roanoke Virginia, at the Democratic P~ty Presidential Prefaremee Primary Election held on March 8, 1988 for PRI~IDF. NT Names of Candidates Bru~e ~hbitt .................. 37 Mie. hael S. Dukakis .............. I ,175 Dick Geplvm~t .................. 197 Al Gor~ ...................... 2,141 Gary Hart ..................... 97 J~-~e_ L. Jackson. ............... 2,252 L~ndom I~Ro~che. .............. 12 Paul Simon .................... 67 U~,ommitted. ................. 80 Total Votes Received (In Figures) We, the undersigned Electoral Board, upon examination of the official records deposi- ted in the office of the Clerk of the Circuit Com't of the election held on March 8, 1988, do hereby certify that the above is a true and correct Abstract of Votes east at said Democratic Presidential Preference Primary Election. A oopy teste: Given under our hands this 10th day of March, 1988. ChaPman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the ~/City of Roanoke ~ Virginia, at the Republican Part), Presidential Preference Primary Election held on March 8, 1988 for PRF.~IDENT Names of Candidates Geo~e Bush .................. Pete du Pont .................. Al~---,~der M. Haig, Jr ........... Jack Kemp ................... Pat Robertson ................. Uncommitted. ................ Total Votes Received (In Figures) ],389 820 8 ]] ]23 400 36 We, the undersigned Electoral Board, upon examination of the official records deposi- ted in the office of the Clerk of the Circuit Court of the election held on March 8, 1988, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Presidential Preference Primary Election. A copy teste: Given under our hands tnis ]Otb day of March, 1988. Chairman Vice Chairman Secretary Secretary, Electoral Board Office of the City Cien~ March 30, 1988 File #60 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. fterbert: Your report requesting the concurrence of Council in the Proposed Budget Study and Adoption Schedule for Fiscal Year 1988-89, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. On motion, duly seconded and adopted, Council concurred in the proposed schedule. ~ ~ ~Sincerely' Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Afr. George C. Snead, Jr., Director of A~inistration and Public Safety Mr. William F. Clark, Director of Public Works Air. James D. Ritchie, Director of Human Resources Mr. Kit B. Kiser, Director of Utilities and Operations iff. Barry L. Key, ~tanager, Office of Management and Budget Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Room 456 Municlpol Building 215 O~urch Avenue, S.W. Rcx:inoke. Vi~lnla 2401 t (703) 981-2541 CiTY ........ Roanoke, Virginia March 28, 1988 The Honorable Noel C. Taylor, Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Taylor and Members of Council: Subject: Fiscal Year 1988-89 Budget Study and Adoption Schedule Attached please find a Proposed Budget Study and Adoption Schedule for Fiscal Year 1988-89. This proposed schedule was previously forwarded to you for review and comment. As suggested, the public hearings on the proposed budget and tax rates was changed from Tuesday, April 26 to Wednesday, April 27. Having received no additional recommendations or changes to the proposed schedule, I would like to request that City Council formally concur with the schedule, as attached, which will authorize the City Clerk, City Attorney and Assistant City Manager to finalize the arrangements necessary for the various budget study sessions and to begin to prepare drafts of the various measures that Council will need to adopt the budget. WRH/EBRJr/ga Respectfully submitted, W. Robert Herbert City Manager Attach. CC: Mrs. Mary F. Parker, City Clerk Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. James D. Grisso, Deputy Director of Finance Mr. Barry L. Key, Manager, Office of Management and Budget Mr. David H. Dew, Budget Administrator Mr. George C. Snead, Director of Administration and Public Safety Mr. James D. Ritchie, Director of Human Resources Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Edwin R. Feinour, Chairman, Roanoke City Schools Dr. Frank P. Tota, Superintendent, Public Schools PROPOSED BUDGET STUDY AND ADOPTION PROCESS FISCAL YEAR 1988-89 DAY/DATE/TIME Friday, April 15 Monday, April 18 10 a.m. Monday, April 18 2p.m. Tuesday, April 19 Monday, April 25 9 a.m. - 12 NOON Wednesday, April 27 7:30 p.m. Monday, May 2 9 a.m. - 12 NOON Tuesday, May 3 9 a.m. - 12 NOON Tuesday, May 3 1 p.m. - 4 p.m. *Thursday, May 5 9 a.m. - 12 NOON 1 p.m. - 4 p.m. Monday, May 9 7:30 p.m. Thursday, May 12 2 p.m. ACTIVITY Distribution of Manager's Budget Proposals to City Council City Manager's Press Conference To Release Proposed Budget Presentation of Proposed Budget to City Council at Regular Meeting of City Council Advertisement of Public Hearings on Proposed Budget and Tax Rates Appears in Newspapers Pre-Public Hearing Budget Review Public Hearings on Proposed Budget and Tax Rates City Council/City Administration Budget Study Session City Council/School Board Budget Study Session City Council/City Administration Budget Study Session City Council/City Administration Budget Study Session City Council consideration of a Resolution directing that a Special Meeting of Council be held on Thursday, May 12 at 2 p.m. to adopt a budget for FY 1988-89 and related ordinances Council adopts FY 1988-89 Budget and approves budget related ordinances Notes: Public Hearings on Proposed Budget and Tax Rates will be held in the Civic Center Exhibition Hall. Budget Study Sessions will be held in the Social Services Conference Room, #306, Third Floor - Municipal North. *Thnrsday~ May 5 - Budget Study Sessions are optional. Office c/~ne Ci~ Oen~ March 30, 1988 File #202 Mr. Bobby L. Browning 3436 Kenwick Trail, S. W. Roanoke, Virginia 24018 Dear Mr. Browning: Your communication tendering your resignation as a member of the Personnel and Employment Practices Commission, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. On motion, duly seconded and adopted, the communication was received and filed and the resignation was accepted with regret. The Council requested that the many services you have member of the Commission. appreciation issued by Council. I express its sincere appreciation for rendered to the City of Roanoke as a Please find enclosed a certificate of the Mayor on behalf of the members of City Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Frederick L. Bulbin, Chairman, Personnel and Employment Practices Commission, 2620 Richelieu Avenue, S. W., Roanoke, Virginia 24014 Mr. Earl B. Reynolds, Jr., Acting Manager of Personnel Room456 MuniclpalBulldlng 2150~urchA~'~ue, S.W. Roano~e, VIrg~nla24011 (703)981-254t Office of the City Clen~ March 30, 1988 F~le #15-230 Mr. Timothy L. Jamieson, Chairman Roanoke Arts Commission 6857 Sugar Rum Ridge Road~ S. W. Roanoke, Virginia 24~18 Dear Mr. Jamieson: This is to advise you that Vicki Stauffer member of the Roanoke Arts Commission for a 1990. has qualified as a term ending June 30, Sincerely, Mary F. Parker, CMC City Clerk MFP : r a Room456 MuniclpalBuilcllng 215 C~urch Avenue, S.W. Roanoke, Vlrg~nlo24011 (703)981-2541 0-2 Oath or Affirmation of Office StatZ of Virgirda, City of Roanoke, to .tvlt: I, A1 phO*l:/O ~¢Cai a ., do solemnly swear (or affirm) that I will support the Constitution of the Unitsd States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me a n~e~bm, of t?;e C'itizens Services Co;,~it~ee for a term enain9 dune 3G, according to the best of my ability. So help me God. before me, this. ~/'/t~. dav~ of ~)Q ~t~ //~OllP 0~ ' ' ~.4//~.¢4~}~ . Deputy Clerk March 9, 1988 File #15-230 Ms. Vicki Stauffer 3235 Mud Lick Road, S. W. Roanoke, Virginia 24018 Dear Ms. Stauffer: At a regular meeting of the Council of the City of Roanoke held on Monday, March 7, 1988, you were elected as a member of the Roanoke Arts Commission for a term ending June 30, 1990. Enclosed you witl find a certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, $. W. Please return one copy of the Oath of Office to ~oom 456 in the Municipal Building prior to serving in the capacity to which you were elected. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Timothy L. Jamieson, 6857 Sugar Rum Ridge Road, Chairman, Roanoke Arts Commission, S. W., Hoanoke, Virginia 24018 Room456 Muntc~lBui~ng 215 Chura~ Avenue, S.W.l~l,.~nia24011 (703)981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 7th day of March, 1988, VICKI STAUFFER was elected as a member of the Roanoke Arts Corr~ission for a term ending June 30, 1990. Given under my hand and the Seal of the City of Roanoke this 9th day of March, 1988. City Clerk Office of the City Clerk March 30, 1988 File #15-318 Mr. James D. Ritchie, Chairman Citizens' Services Committee Roanoke, Virginia Dear Mr. Ritchie: This is to advise you that Alphonso McCain has qualified as a member of the Citizens' Services Committee for a term ending June 30, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Room456 MuniclpalBuilding 215 Church Ave~ue, S.W. Roanc~e, Vlrg~nla24011 (703)98'1-254'~ OFFICE OF THE CITY ATTORNEY March 28, 1988 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: This is to request an Executive Session of City Council to discuss a matter of pending litigation pursuant to §2.1-344(a)(6), Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCDJr:fcf cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Office of ~he City Oen~ March 30, 1988 File #60-144 Mr. John 1t. Parrott, Chairman Roanoke Valley Regional Solid Waste Management Board P. 0. Box 12312 Roanoke, Virginia 24024 Dear Mr. Parrott: Your communication transmitting a budget recap and revenue pro- jections as approved by the Board for fiscal year 1988-89, was before the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. On motion, duly seconded and adopted, the communication was received and filed. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Roo~n456 MunlcipalBullding 215 Church Ave~ue, S.W, Roanoke, Vlrglnla24011 (703)98t-2541 ~!arch 17, 1988 Ms. Ma~y F. P~ker, City Clerk City of Roa~oke Mu~i~ipat Budding, Room 456 215 Church Avenue, SW Roanoke, Virgi~a 24010 POST OFF~CE BOX 12312 ROANOKE, VIRGINIA 24024 703981-9331 Dea~ Ms. Parker: In accordance with Section 10(c) of the Roanoke Valley Regional Landfitl Agreement, at~ached is the budget recap and revenue projec~o~ as approved by the Roanoke Vo~ey Region~ So~id Waste Manag~me~ Bo~d for the upcoming fiscal year 1988-89. The Regional Landf~ Board has approved a 13% increase in tipping fees for local governments and private ha~ effective J~ly I, 1988. The BoM approved the incre~e in tipping fees for local government~ from $9.74 per ton to $11.00 per ton and for private haul~ from $11.55 per ton to $13.00 per ton. This ra~e increase ~ necessary due to r2~ing disposal costs, future land dev~opme~ costs and new st~nge~ solid waste reg~o~ scheduled for ~mpleme~a~ion lo~er t~is year. Please fe~l free to conta~ me if you have any question. ~oh~ H. P~rott, Cha~an Roanoke Vatley Regional Solid Waste Manag~me~ Board JHP; dmh Enc. ACCOUNT CODE 1-80100 1-80200 1-80300 1-80400 1-81000 1-81200 1-81400 1-81600 1-82000 1-83000 1-84000 I-I0850 ACCOUNT CODE 1-70100 1-70200 1-70300 1-70400 Note: I 2) ROANOKE VA£L£Y R~GIONAL SOLID WAST~ MANAGEMENT BOARD BLIDG£T I~LCA? ITEM Sa/ladies and Wag~ Ove~b~me Extra H~p F~ing e Benefits Oth~ S~vic~ and Ch~g~ U~ and Commu~c~o~ Trav~ and Educ~on M~enance M~ and Supp~ Ca~ O~a~ Co~ngenc~ Rep~ac~ent R~ve Total PROJECTED REVENUE ACCOUNT NAME City of Roanoke County of Roanoke Town of Vinton Private BOARD APPROVAL FISCAL YEAR 1988-1989 $ 380,000 18,000 3,300 134,711 118,360 54,300 2,500 153,500 229,150 348,000 112,779 510,000 2,064,600 BOARD APPROVAL FISCAL YEAR 1988-1989 $ 539,0001 275,0001 28,6001 1,222,0002 Total $ 2,064,600 Reflect~ thirteen percent (13%) rate increase from $9.74 per ton to $11.00 pe~ .ton. Reflee~ £h~een percent (13%) rate increase from $11.55 per ton to $13.00 pe~ to~ with a $4.00 mi~mum eh~ge. Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for an executive session to discuss acquisition of real property for public purpose in accordance with Section 2.1-344(a)(2) of the Code of Virginia. Respectfully submitted, City of Roanoke Representatives Roanoke Valley Regional Solid Waste Management Board: Kit B. Kiser KBK:JMS:JHP:afm C~ce o~ ~ne O~ ~]en~ March 30, 19~8 File #109-200 Mr. Michael M. Waldvogel, Chairman Roanoke City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: The 1957 Annual Report of the City Planning Commission was before the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. On motion, duly seconded and adopted, the Annual Report was received and filed with appreciation for services rendered by the members of the City Planning Corro'nission to the ongoing progress and development of the City of Roanoke. Sincerely, _~~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. John Commission R. Marlles, Agent/Secretary, City Planning Room 456 Municipal Building 215 O'~urch Avenue, S.W Roanoke. '~rg~nla 2401t (703) 981-2541 Roanoke City Planning Commission March 28, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1987 Annual Report By authority of the full Commission, I am pleased to forward to you the Annual Report of the Commission and Planning staff. As you will see in the Annual Report, 1987 has been a very busy and productive year. The major accomplishment for the year was the comple- tion of the new zoning ordinance which was adopted by City Council in April, 1987. The new zoning ordinance is one of the major implementa- tion tools of Roanoke Vision, the City's award winning comprehensive plan. The new zoning ordinance has also received national attention and is serving as a model for other communities. In 1987, the Commission reviewed 27 rezoning requests down from the 40 which were filed in 1986. However, for the second year in a row, the number of subdivision requests increased by almost 40 percent. In addition, the number of site plans reviewed increased from 80 in 1986 to 113 in 1987. At the Commission's annual organizational meeting the following officers were selected for the upcoming year. Chairman: Vice-Chairman: Agent/Secretary: Michael M. Waldvogel Paul C. Buford, Jr. John R. Marlles In the coming year, the Commission's top priority will be to continue to work towards implementation of the City's Comprehensive Plan. The recent announcement of the new Neighborhood Planning Program, starting with the South Roanoke neighborhood is a major step in this direction. The Commission and Planning staff will also be continuing Room 355 Municipal Building 215 Church Avenue, 5W Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Members March 28, 1988 Page 2 work on updating the subdivision regulations and look forward to greater involvement in the preparation of the City's Capital Improvement Program. We greatly appreciate the cooperation Council has given us this past year and look forward to another year of cooperation and progress in our planning efforts. MMW/JRM/tsb Attachment CC: Sincerely, Roanoke City Planning Commission W. Robert Herbert, City Manager Earl B. Reynolds, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William M. Hackworth, Assistant City Attorney William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner/Zoning Administrator PLANNING COMMISSION ANNUAL REPORT 19'87 ROANOKE, VIRGINIA TABLE OF CONTENTS Su~m~ary of Activities/Projects . Attendance Record ...... Summary of Development Activities Rezoning Docket .... Street/Alley Closure Docket Page 1 2 3 4-5 6-7 Office of the City Clerk March 30, 1988 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29035, amending and reor- daining certain sections of the 1987-88 General Fund Appropriations, providing for the appropriation of $221,791.00, representing the final installment of the Schools' share of the Capital Maintenance and Equipment Replacement Fund, to provide funds for the purchase of School fnstructional Council equipment requests, instructional computer equipment, replacement equipment for school cafeterias, equipment needs for the Department of School Plants, and roof repairs at Woodrow Wilson Junior High School, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. Sincerely, ~_ Mary F. Parker, CMC City Clerk tiFP:ra Enc, pc: Mr. W. Robert Herbert, City Manager Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanol~, Virginia 240t t (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1988. No. 29035. AN ORDINANCE to amend and reordain certain sections of the 1987-88 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education Capital Outlay (1-5) ................................ Fund Balance Capital Maintenance & Equipment Replacement Program- School Unappropriated (6) .......................... 1) Equip. & Fixtures 2) Computer Equip. 3) Cafeteria Equip. 4) Plant Equipment 5) Roof Repairs 6) CMERP - School 001-060-6010-6020-0510) 001-060-6010-6023-0510) 001-060-6010-6075-0510) 001-060-6010-6085-0510) 001-060-6010-6085-0514) 001-3333) $121,329 23,873 30,000 13,500 33,089 221,791 $55,829,068 1,044,392 $ 100,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk March 28, 1988 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Appropriation of CMERP Funds for the School Board The attached correspondence from the School Board requests Council to appropriate $221,791 of the School's share of the Capital Maintenance and Equipment Replacement Program. This appropriation represents the sixth installment of School CMERP funds. These funds will be used for the purchase of School Instructional Council equipment requests, instructional computer equipment, cafeteria equipment, school plants equipment, and roof repairs at Woodrow Wilson Junior High. I recommend that you concur with this request of the School Board. JMS/kp  l~l Ed~uin fl. F~lnour. Cholrmon William ~hlte, ~., ~c~ ChOrm~ ~ld ~ol floanoke .,, City S ool Board Sallye T. Coleman LoVerne B. Dillon David H. James M. Turner. Jr, Frank P, T~o. Superintendene Richard L tCellev, Cl~m of I~he Board P,O Box 13105, Roanoke, Virginia 24031 · 703-981-2381 March 9, 1988 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of March 8, 1988, the School Board respectfully requests City Council to appropriate $221,791.00, which represents the final installment of the Schools' share from the Capital Maintenance and Equipment Replacement Fund. The funds will provide for the purchase of School Instructional Council equipment requests, instructional computer equipment, replacement equipment for school cafeterias, equipment needs for the Department of School Plants, and roof repairs at Woodrow Wilson Junior High School. Si ncerely, Richnrd L. Kelley Clerk of the Board and Executive for Business Affairs rg CC: Mr. Edwin R. Feinour Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. . M,~I W. Robert Herbert Wilburn C. Dibling V~r. Joel M. Schlanger (with accounting details) Excellence in Education ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION RgougsT Capital Nnintnnanon and gquipeent Rnplaoennnt Fund lnstalinen~ V! - gquipment and Roo~ Repairs 001-0~0-b010-6020-0510 001-0~0-b010-~023-0510 O01-ObO-bO10-bO?5-0510 O01-ObO-6010-b085-0510 001-0b0-6010-6085-0~19 Appropriation Unit id1 School Equipment and Fixtures Computer Equipment School Cafeteria Equipment School Plant Equipment Roof Repairs 21,329. O0 23,873. O0 30, 000. O0 13,500. O0 33. 089, O0 $,221t791.00 The above appropriation represents the sixth and final installment of the Schools' share of the Capital Haintenanee and Equipment Replacement Fund. These Funds vii! provide for the purchase of Snhool Instructional Counei! equipment requests, equipment and softsare £or the Instructional Data Base Hana~ement System, replacement equipment for enhool ea£eterias, School Plants equipment needs, and roof repairs at 8oodros Htlson Junior High School. As s result of this appropriation, no unappropriated funds remain in the Capital Haintenance and Equipment Replacement Fund. Harsh 8, 1988 March 28, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Please reserve space o~ Monday's agenda for a briefing on the development of a preservation planning and development strategy for Roanoke. Respectfully submitted, W. Robert Herbert City Manager WRH/a March 28, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Please reserve space on Monday's agenda for a report concerning the request by Faith Christian Church (Valley Christian Center) for authorization to hold more than four acres of land in the City of Roanoke. Respectfully submitted, W. Robert Herbert City Manager WRH/a Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor Taylor and Members of Council: Subject: Request for Authorization to Hold More Than Four Acres of Land in the City of Roanoke - Faith Christian Church (Valley Christian Center) I. Background A. Request was made to Council at its March 7, 1988, regular meeting (see Attachment A). B. Citizen concern for the preservation of the Huntingdon Estate was voiced by members of the Williamson Road Action Forum, Inc. Council action was to refer matters to City Administration for study and report back to Council at its March 28, 1988, neighborhood Council meeting. II. Current Situation On site review of property (main estate house) has been conducted by City engineering staff, City's Historic Review Officer, and a member of the City Architectural Review Board to determine restoration potential and costs. B. Cost estimate to restore Huntingdon's main estate house was determined to be approximately $280,000. Meeting between Assistant City Manager; Church Trustee, Richard Hogue; Property Trustee, Grant Clatterbuck; and the Church Attorney was held to clarify Church's building plans and to discuss preservation alternatives. Church's building plans are not yet finalized. Primary emphasis is to construct a single story house of worship to be followed later by the construction of a fellowship hall and children's play area. go Restoration of the main estate is not a central objective of the church as it is a two and one-half (2 1/2) story, brick, L-shaped structure which is not suitable as a church sanctuary. F. Construction on the site is not anticipated to begin until mid-1989. Honorable Mayor and City Council Page 2 Go Community efforts to develop and implement a preservation plan for the historic structures located on the property is welcomed by the Church. Conditions that will guide any preservation plan for the historic buildings are as follows: Financial participation by the Church is unlikely. They will, however, donate the structures to the entity or group that is heading up the restoration effort. Relocation of the structures off of the eight acre site is desired; however, the Church will entertain the idea of selling or leasing a small corner of the eight acre estate for relocation and restora- tion of the historic structures. Approval by the Church for relo- cation to a small area of the eight acre site will be contingent upon the intended use of the structures after restoration. o Security and maintenance of the historic structures will become the responsibility of the entity or group wishing to accept the historic structures as a donation from the Church. Due to the expense, the Church cannot afford to implement extra security measures while the historic structures are still in their ownership. III. Issues related to the Church's request are as follows: A. Legal - Section 57-12, Code of Virginia (1950), as amended, prohibits a church from holding more than four (4) acres of land in a city unless the local governing body passes an ordinance allowing the church to hold in excess of four (4) acres of land, not to exceed fifty (50) acres of land (see Attachment B). B. Historic structures are located on the site. C. Land development potential relates to current zoning and site conditions. D. Impact on neighborhood is contingent on current and future use of property. E. Cost to City should be viewed from both historical and revenue points of view. F. Timing is important as it relates to the Church's land purchase option and the development of a preservation plan for the historic structures. Honorable Mayor and City Council Page 3 IV. Alternatives as they relate to the Church's request are as follows: Grant request by adopting the attached ordinance. 1. Legal requirements of section 57-12, Code of Virginia (1950), as amended, will be met. Historic structures will be owned by the Church. Preservation potential will continue as Church is willing to work with an entity or group interested in restoring the historic structures. 3. Land development potential must be viewed in terms of the following: bo Zoning (RM-1) will currently allow the construction of single family or duplex residential units. Townhouses may be devel- oped with a Special Exception from the Board of Zoning Appeals. Site conditions that limit the full development of the property are: Drainage must be contained on-site as the City's enclosed system is some distance away. This factor will cause the number of potential dwelling units to be reduced to accom- modate the City's "zero runoff" policy; thus, making the site less attractive to a developer who needs "maximum build-out" to make a profit. (2) Cemetery: The existence of a family cemetery on the sub- ject property has been noted in several written accounts of the Huntingdon Estate. The existence of a cemetery may limit the development potential of some portion of the site. 4. Impact on neighborhood: Church development would be compatible with the existing resi- dental character of the neighborhood. Use in and of itself would not tend to promote a large daily increase in traffic volumes. Current quality of life would be maintained. New residential development would be compatible with existing residential character. Traffic volumes in the neighborhood would increase substantially (based on units per acre allowed under current zoning), calls for public services (fire, etc.) may increase, and the current quality of life may be effected. Honorable Mayor and City Council Page 4 5. Cost to the City should be viewed as follows: a. Current revenue from property is $1,187.50 in property taxes. b. Church, as property is intended to be used solely for reli- gious purposes, will pay no property taxes. c. New residential development may yield $27,000+/- in property taxes based on the following very 8eneral assumptions. (1) 4.6 acre development. 3.4 acres subtracted from eight acre tract due to drainage concerns, cemetery, and need to build new street, curbs, gutters, sidewalk to serve new residential lots. (2) 4~0 building lots. Minimum 5,000 square foot lot require- ments. (3) $55,000 average value of new homes based on current market value of adjacent properties. 6. Timing: Church land option cannot be extended further if this request is carried over to a later date. Deny request 1. Legal requirements of Section 57-12, Code of Virginia (1950), as amended, will not be met. Church will not be able to hold more than four (4) acres of land within the City of Roanoke. 2. Historic structures will continue to be owned by the heirs of the estate. Preservation potential may not continue as future purchaser of land may not be inclined to work with an entity or group interested in restoring the historic structures. 3. Land development potential for single family or duplex development will still exist. Site conditions that limit full development of the property will still exist. 4. Impact on neighborhood - Vacant property and acreage will continue to exist until developed or restored. 5. Cost to City will be nothing. Property will continue to be taxed. 6. Timing is still critical in that the longer the historic structures remain vacant and unattended, the more the structures will deteri- orate and be subject to vandalism. Honorable Mayor and City Council Page 5 V. Recommendation It is recommended that Council adopt alternative "A" which is to grant the Church request. Adoption of this alternative is consistent with Council's previous actions on similar requests and presents an opportunity for those interested in the preservation of the historic structures located on the subject property to come together and develop a preservation action plan. Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp Attachments cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Commissioner of Revenue Lea L. Lautenschlager, Attorney Richard S. Hogue, Church Trustee Grant Clatterbuck, Property Trustee Attachment A JENNINGS T. BIRD CARR L. KINDER. JR. DONALD W, HUFFMAN BIRD, KINDER & HUFFMAN ATrORNE~S AT LAW SUITE 200 12E CHURCH AVENUE. S. W. ROANOKE, VIR(~INIA 24011 March 7, 1988 TELEPHONE HAND DELIVERED Mayor Noel C. Taylor and Members of Roanoke City Council 215 Church Avenue, S.W. Roanoke, VA 24011 Re: request by Faith Christian Fellowship of Roanoke, Virginia, also known as Valley Christian Center for ordinance authorizing the holding of more than four acres of land Dear Mayor Taylor and Members of Council: We represent Faith Christian Fellowship of Roanoke, Virginia, also known as Valley Christian Center, a religious congregation which is an affiliate church of Faith Christian Fellowship International Church, Inc. It is more commonly known locally under the name of Valley Christian Center. Valley Christian Center currently leases its church facilities at 3016 Angell Avenue, N.E., in Roanoke. The membership is outgrowing the current facilities and wish to provide now for larger church facilities. To do this, they propose to purchase property located at 320 Huntington Boulevard, N.E. containing approximately 7.95 acres upon which they propose to build new church facilities. Section 57-12 of the Code of Virginia, 1950, as amended, prohibits a church from holding more than 4 acres of land in a city unless the local governing body passes an ordinance allowing the church to hold in excess of 4 acres of land, not to exceed 50 acres of land. Valley Christian Center currently owns no real estate in the City of Roanoke. They currently have no plans regarding the development of the property other than the construction of the church building. Mayor Noel C. Taylor and Members of City Council March 7, 1988 Page 2 On behalf of the church, we request that an ordinance be passed allowing it to hold a total of 8 acres. We understand that Roanoke City Council has apparently granted earlier requests by Pilgrim Baptist Church and First Baptist Church to hold in excess of 4 acres. Valley Christian Center has entered into a contract dated February 21, 1988, to purchase the 7.95 acre tract, which contract provides for settlement to be made within 30 days from the date of the contract (March 22, 1988). Because of the time constraints which were imposed by the seller, we respectfully request that this matter be discussed at the March 14, 1988 Council meeting or at the earliest possible opportunity. We are attaching to this letter a copy of Tax Map No. 3170320 showing the property to be purchased. You will note there is presently located on the property an old home known as Huntingdon. This home has been substantially damaged by fire, and the church has not yet determined whether the home will be restored or demolished as a part of its development of the parcel. If there is any further information we can provide you, please let me know. Thank you very much for your consideration of this request. Very truly yours, BIRD, KINDER & HUFFMAN LLL/sp enc: plat proposed ordinance cc: The Honorable W. Robert Herbert, City Manager The Honorable Wilbur C. Dibling, Jr., City Attorney The Honorable Mary F. Parker, City Clerk ATTACHMENT B § 57-10 CODE OF VIRGINIA determination of property fights upon a divi- sion of a church or congregation. Norfolk Presbytery v. Bollinger, 214 Va. 50~, 201 S.E.2d 752 (19741. In ~let~rmining th® proper party to prove 'a prol~rtY iransfer, the trial court must look to the organizational structure of the church. Norfolk Presbytery v. Bollinger, 214 Va. 500, 201 S.E.2d 752 (1974). § 57-12 A m~jority of the member~ of a divided congrega~on ha~ the right to control the u~e of the church property [f the church, in its organization and government, is a church or society entirely independent of any other church or general society. Green v. Lewis, 221 Va. 547,272 S.E.2d 181 (1980). Applied in Cheshire v. Giles, 144 Va. 253, 132 S.E. 479 (1926). 8 57-10. HOW trustees to hold books and furniture. -- When books or furniture shall be given or acquired for the benefit of such church diocese, religions congregation, church, or religious society, or branch or division thereof, to be used on such land in the ceremonies of public worship or at the residence of such bishop, or minister or clergyman, the sa.m.e shall, stand vested in the trustees having the legal title to the land, to be held oy them as the land is held, and upon the same trusts. (Code 1919, § 41; 1962, c. 516.) 8 57-11. Suite by and a~,,in-t trustees. -- Such trustees, and such as are mentioned in §8 57-21, 57-22, and 57-23, may, in their own names, sue for and recover any real or personal estate held by them respectively in trust, or notwithstanding the death otany o/me trus-,ees: or me appy~-~v=~om ~,ers, shall proceed in the names of the trustees uy or agams~ ~ was instituted. In any case where such trustees shall have given any deed of trust, or encumbered such real or personal estate in any manner to secure any debt, and such trustees have since died, and such church diocese, religious congregation or orgauisat, ion has ,be?me ,extin, ct, o,r has ce.asea., to,occup~y.the property, so that it may Oe regar.?ea. entitled to the debt secured by such aeeo oz trust or encumorance, may mr me purpose of subjecting the estate to the payment of such lien, institute a suit in property or the greater part thereoz m, agams~ me memoer~ u~ eu~a churn diocees or religious congregation or org, nlzation as parties unknown. proceeding by order of publication as provided by Chapter 8 (8 8.01-285 e~ seq.) of Title 8.01. (Code 1919, 8 42; 1918, p. 409; 1920, p. 9; 1962, c. 516.1 The scope of rids section ~esms to be m~md to sui~ ~t~w, ir,~ the prope~r or the le~M 4ttle v~:l in ~ ~. ~w- ~ v. A~ ~ ~., 71 F.~ ~ (4~ C~.), ~. ~ ~3 U.S. 6~, ~ S. Ct. ~7, 79 ~ ~. 710 (1~). The prOVmion of th~ section alIoMM trufte~e to be sued in reht~on to land property bid by them ~n l~sl title to which Fum. Co. v. T~mto~ of Jer~ Church, 103 Va. 559, 49 8.E. 657 (1905). § 57-12. Q~m-flty of real nd personal property .~m? my .hold:. Such tmsteas shall not take or hold at any 1 tune more thsn 4 o~*e80t I~n(I a city or town, nor more than 250 acres outside of a city or town and withi~ the same county. The city or town council of any city or town may by town not more [hnn ~O acl'~ Ol lanU a~ any t ~lme .~i u,o.~,. .,.w- .._ devoted exclusively, and is ?u.b~l_,_u_antly..so de, vo.~_._,._m_t~ch..,~h~b~io~t~ church, a Sunday-school braiding and playgtmmde therefor, and par 698 § 57-12 P~LIGIOUS AND CHARITABLE MA'PTERS; CEMETERIES § 57-12 for the convenience of those attending any of the foregoing, and a church manse, parsonage or rectory; such txustoes of a church diocese may take or hold not more than 250 acres in any I county at any I time; and they shall not take or hold money, securities or other personal property to the extent that such taking or holding causes the money, securities or other personal property held a.t the time of taking by such trustees to exceed in the aggregate, exchislve of the books and furniture aforesaid, the sum of $10 million. Where two or more religious congregation~, churches or religious societies shall merge or consolidate, such religious congregation, church or religious society so merged or consolidated, shall have three years' time within which to dispose of its land in excess of that which it is permitted to hold under this section. Land taken or held outeide of a city or town shall always be considered as such for the purposes of this article although such land later becomes part ora city or town through annexation or otherw/se. Nothing herein contained shall affect the validity of any land within a city or town legally acquired by a church to be exclusively used for a church manse, parsonage or rectory between June 30, 1954, and June 27, 1964, prov/ded the total amount of land owned by a church within a city or town does not exceed twenty acres. (Cede 1919, § 43; 1926, p. 867; 1930, p. 687; 1952, c. 433; 1954, c. 309; 1958, c. 423; 1962, cc. 41,516; 1964, c. 493; 1966, c. 308; 1973, c. 515; 1984, c. 63.) L~w lbview. -- For note on "Ch~itable Trusts for l~eli~ious Purpe~s in Vi~a," 39 Va. L. ~v. 121 (1953). ~ of ~on. -- ~ M~i~ v. ~, 193 Va. 138, 67 S.E.~ 885 (1951), ~d on ~he~ng, 1~ Va. 2~, 72 S.E.2d 631 (1952). ~t ~ by ~ ~on. -- In light of ~e hi~l back~d, th~ Co~- tution, ~d ~e le~slative ena~en~, it cle~ ~at ~e ~nomic and ~s~ ~li~ ~wer of ch~ w~ w~t w~ ~ht li~ by ~s ~ion. ~e l~tion ~n~m- pla~ a ~ion on fo·, not only wh~ ~e IM~ ~tle in ~e ch~h or ~li~o~ ~on, ~s ~e~, but whe~ ~t~e~of ~, ~unt, or ~u~, is v~ in or ~li~o~ ~n~ation, or · ~f. M~ v. ~yd, 193 Va. 138. 67 S.E.2d 885 (1951), ~d on mbe~, 1~ Va. 2~, 72 S.E.~ ~1 (1952). ~on ~clude ~ono~c we~ ~ ~e fo· of ~n~ em~ ~der w~er ~ ~ ~ long ~ ~nsfici~ of ~e in.me ~e~m, $I~,~ ($5,~,~ ~dor the 1~ ~. ment) limi~tion m~t ~ ~en ~ of ~t fun~ in ~e O~er th~ ~e ch~h t~ and ~1 o~er ~nal e~ of ~e ch~, excl~iv~ of ~ and ~t~. ~i~ v. ~yd, 193 Va. i~, 67 S.E.~ ~ (1~1), ~d on 1~ Va. 2~, 72 S.E.2d ~1 (1952). Section evidenens intent not to vslklsto ~*uste for generel hlertrchina] church. -- The provisions of th/s section, limiting the amount of lund which my lavahlly be held by church tru~ece, evidence the restrictive lesis* lative intent not to validate tn·to for a ~eneral hiortrchicel church. Norfolk Ih~b~r~ v. Bollinfer, 214 Va. 500, 201 $.E.2d 752 (1974). Where will shows intent/on that hud be eonvertod into e~sh. -- There wes no morit in the contention th*t · ~esidna~ devior to a church wu invalid be~tm the amount of real eetete tiken by the church wu in exce~ ofche mn~qe it could lavfl~ully hol/, where, undor the ~ of the will, t~totor clearly in- re,dod that the lind be convertod into cub. Owens v. BInk of (~lmie//prinf, 195 Va. 1138, 81 $.K.2d ~6~ (1954). PI'OViSIOIM Of this section end § 87-7 eonmitm/nf · single set. -- A* for a~ per. sonal property i~ concerned, the entire enact. ment of 1902, which -,4,~ ~-d_ the cocnad contonce of § $7-7 and inMrtod in this section · limita* t/on upon the amount of pereonal p~opeFty to be held by 8 church, constitutod a sinsle act of the le~ishture. Mqu/re v. Loyd, 193 Va. 138, 67 S.E.2d 885 (1951), arid on reheer/ng, 194 Vi. 266, 72 S.E.2d 631 (1952). Peoper pm~e~ to ~ issue of ·pplina. tion of scot/on. -- See Mo~fire v. Loyal, 193 Va. 138, 67 S.E.2d 885 (1951), afTd on Fehear. inS, 104 rm. 2S6, 72 $.E.2d 631 (1952); 39 Va. L. Rev. 12'/(1953). Applied in Moore v. PeFkins, 169 Va. 175, 192 S.E. SiM (1937). 699 JENNINGS T. BIRD CARR L, KINDER, JR, DONALD W, HUFFMAN ROBERT W. GOODLATTE LEA L. LAUTENSCHLAGER MALCOLM M. DOUBLES HAND-DELIVER BIRD. KINDER & HUfFMAN ATTORNEYS AT LAW SUITE 200 126 CHURCH AVENUE, S. W. ROANOKE. VIRGINIA 24011 March 23, 1988 W. Robert Herbert, City Manager City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 ATTACHMENT C TELEPHONE (703) g82-1755 ¥1AILIN(3 ADDRESS: [ P.O. BOX 2795 ROANOKE, VA 24001-2?95 Re: Request by Valley Christian Center for ordinance author- izing the holding of more than 4 acres of land Dear Mr. Herbert: As you are aware, I represent Valley Christian Center in connection with its proposed acquisition of the Huntingdon estate. At the City's request, Richard Hogue, a Church Trustee, Grant Clatterbuck, representing the seller, and I met with Assistant City Manager Reynolds. It was a beneficial meeting for all of us, and this letter is a direct result of that meeting. The Church's primary concern is to be able to acquire the acreage in question to build a house of worship, and eventually a fellowship hall and playground for the children of the Church. As a result of the City Council meeting and subsequent meetings the Church has become more fully aware of the community interest in preserving Huntingdon, the home located on the property. While a final determination has not been made, initial estimates given for the renovation of the home appear to be prohibitive for the Church to assume. Nevertheless, we would like to contribute to a mutually satisfactory resolution of this matter. The Church and the seller, also very much concerned with the preservation and restoration of Huntingdon, propose to donate the buildings on the property (excepting the garage which the Church would retain) to the City of Roanoke or its designee on the condition that the buildings be moved at the expense of the City or its designee from this property within 18 months of the conveyance to the City or its designee. If the buildings were not moved within the 18 month period, ownership of the buildings would vest in the Church Trustees or their successors. Robert Herbert, City Manager March 22, 1988 Page 2 While the buildings remain on the property in question, the City or its designee would be fully responsible for the security and maintenance of the structures and we would require an agreement holding the Church harmless from any loss, cost, expense or other liability resulting to the structures or to any individuals who come upon the property. It is the desire of the Church that another location be found in the area to which the buildings can be removed; however, the Church will not foreclose the idea of selling or leasing a small corner of the land to the City or its designee upon which the buildings could be relocated. The Church believes at this time that it will need the entire acreage for its intended development of the property; however, it is conceivable that they would not. The Church's consideration of the latter proposal would depend largely upon the intended use of the property after renovation and whether or not it is consistent with the Church's intended use of its property. We discussed, for example, the possibility of the City or its designee giving the Church a right of first refusal to lease the restored buildings if relocated on a portion of the church property. The conveyance of the buildings would be made simultaneously with the Church's closing on the purchase of the land, with the buildings to be deeded directly from the seller to the City or its designee. I do not purport to represent the seller in this matter, but I believe this proposal accurately sets forth the representations made by Mr. Clatterbuck on behalf of the seller in our meeting today. He has reviewed and approved the concepts set forth in this letter, subject to final review and approval by the attorney for the seller. This offer made by the Church with the cooperation of seller is obviously contingent upon City Council's approval on February 28, 1988, of the emergency ordinance authorizing the Church to hold the eight acres of land in question. Because of the time constraints of the contract, if the ordinance is not passed on the 28th, the Church and the seller would be unable to extend this offer. It is our hope that the foregoing proposal will result in a W. Robert Herbert, City Manager March 22, 1988 Page 3 mutually agreeable resolution of the issues that have been raised. Very truly yours, BIRD, KINDER & HUFFMAN LLL/sp cc: ~arl B. Reynolds, Jr. Grant L. Clatterbuck Richard S. Hogue Daniel F. Layman, Jr. ATTACHMENT D JENNINEiS T. BIRD CARR I. KINDER, JR. DONALD W. HUFFMAN ROBERT W. GOODLATTE LEA L. LAUTENSCHLAGER MALCOLM M. DOUBLES KENNETH J. LASKY BIRD, KINDER & HUFFMAN ATTORNEY5 AT LAW SUITE 200 126 CHURCH AVENUE, S. W. March 25, 1988 HAND-DELIVER W. Robert Herbert, City Manager City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 TELEPHONE (703) 982-1755 MAILING ADDRESS; P. O, BOX 2795 ROANOKE, VA 24001-2795 Re: Request by Valley Christian Center for ordinance author- izing the holding of more than 4 acres of land Dear Mr. Herbert: Assistant City Manager Reynolds has advised me that you and your staff have reviewed our proposal to donate the Huntingdon buildings to the City or its designee set forth in our letter of March 23, 1988, and that you are unwilling to recommend that the City of Roanoke accept the property and take responsibility for it on the terms outlined in our letter. We understand that in accordance with the City's stated objective to encourage and assist in preserving historic properties, the City would like to facilitate a group such as the Roanoke Valley Preservation Foundation, the Williamson Road Action Forum or any other group which might come forward and offer to take responsibility for the restoration and preservation of these buildings. We recognize that there is insufficient time prior to the City Council meeting on Monday to identify and receive a commitment from any such organization. As you are aware, the Williamson Road Action Forum has expressed opposition to the church being allowed to hold title to the property on which Huntingdon is located, because of its interest in seeing that the home be preserved; however, they have not stepped forward to We Robert Herbert, City Manager March 25, 1988 Page 2 offer assistance or take responsibility for its preservation. Other groups have probably not had sufficient time yet to come forward, although we feel certain that there is additional interest in restoring and preserving these buildings. Therefore, assuming the ordinance is passed which would allow the church to hold title to the 8 acres of land on which Huntingdon sits, the church would be willing to make a commitment to leave the structures standing for a 60-day period following the date the church acquires the property. This will allow sufficient time for any interested organizations to formulate a plan for the restoration of the property and to step forward and offer to take responsibility for it. The church would be willing to donate the buildings to any such interested organization on the conditions outlined in our letter of March 23, 1988. The only change in those conditions would be that the church would convey the buildings to the organization only if the organization was willing to accept them within the 60-day period and take full responsibility for them as set forth in the letter from the date of acceptance of the buildings. If, during the 60-day period, no group steps forward to accept and take responsibility for the buildings, the church would be under no further obligation to take any action to preserve them. I would like to point out to you that the church has done everything it can reasonably do to accomodate the citizens' desires to preserve this property, short of taking over and funding the project itself. They simply are not in a position to do that. The 60-day period should allow sufficient time to determine whether those people who are interested in the preservation and restoration of the property are willing to shoulder the burdens of it in addition to enjoying the benefits of it. What we felt was a rather straight forward request for the passage of an ordinance authorizing the church trustees to hold title to the property on which they wish to build their church buildings has become a very complicated and expensive matter for them. It is the church's hope that this commitment on their part will allow them to reach their goal of a church home of their W~ Robert Herbert, City Manager March 25, 1988 Page 3 own, and will result in benefits to the citizens of Roanoke who are interested in historical preservation, as well as encouraging harmony in the neighborhood. We appreciate the time and consideration the City Manager's office has given to this matter, and would hope that City Council would give the same consideration to this request as they have previously given to the requests of Pilgrim Baptist Church and First Baptist Church to own in excess of 4 acres of land. Very truly yours, LLL/sp cc: BIRD, KINDER & HUFFMAN ~arl B. Reynolds, Jr., Asst. City Manager Mr. Richard Hogue Mr. Grant L. Clatterbuck Daniel F. Layman, Esq. Or, ce o~ the Ci~/ Oen~ March 30, 1988 File #60-472 ~r. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29036, amending and reor- daining certain sections of the 1987-88 General and Internal Service Funds Appropriations, providing for the transfer of $45,816.00 from Capital Maintenance and Equipment Replacement Program to specific accounts, to provide funds for certain office automation items, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. Sincerely,~/]~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. W. Alvin Hudson, City Sheriff Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Archie Wo Itarrington, Manager, City Information Systems Mr. Do Darwin Roupe, Manager, General Services Mr. M. David Hooper, Chief of Police Mr. Earl B. Reynolds, Jr., Acting Manager of Personnel Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Room456 MuniclpalBullding 215 (hurch Avenue, S.W. Raonoke, Virg~nlo24011 (703)981-2541 VIRGINIA, IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of March, 1988. NO. 29036. AN ORDINANCE to amend and reordain certain sections of the 1987-88 General and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Judicial Administration Sheriff (1) ........................................ General Government Personnel (2) ...................................... Public Safety Police Investigation (3) ........................... Community Development Planning (4) ....................................... Non-Departmental Transfers to Other Funds (5) ....................... Fund Balance Capital Maintenance & Equipment Replacement Program- City Unappropriated (6) ........................... $ 2,526,514 1,081,953 7,404,873 519.753 22,482.157 1,598.360 968.627 255.682 10,326.079 8,913.615 $ 1,555,621 Internal Service Fund Appropriations City Information Services Capital Outlay (7) ................................. $ 2,601,456 1,224,287 Revenue Non-Operating Other (8) .......................................... 1) Other Equipment 2) Other Equipment 3 Other Equipment 4 Other Equipment 5 Transfer to Internal Service Fund 6 CMERP - City 7 Other Equipment 8 Transfer from General Fund (001-024-2140-9015) $ 16,500 (001-050-1261-9015) 4,000 (001-050-3112-9015) 12,000 (001-052-8110-9015) 4,000 (001-004-9310-9506) 9,316 (001-3323) (45,816) (006-050-1601-9015) 9,316 (006-020-1234-1037) 9,316 29,316 29,316 BE IT FURTHER ORDAINED that, Ordinance shall be in effect from an emergency existing, this its passage. ATTEST: City Clerk Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: FUND APPROPRIATIONS - CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM I. BACKGROUND November 9, 1987, City Council approved a Capital Main- tenance and Equipment Replacement Program. Capital Maintenance and Equipment Replacement Program included a list of necessary office automation items which will not exceed the single item cost of $10,000. Council approval is required for single purchases which cost exceed $10,000, as stated in the Code of the City of Roanoke, Chapter 23.1, Procurement, (1979), as amended. II. CURRENT SITUATION Single purchase items, for office automation, from the approved expenditure list, which will cost less than $10,000 are identified on Attachment "A". Those items shown on Attachment "A", will be procured through the State Contract System or through competition request for quotations by the General Services Department. Council appropriations are requested to allow for the purchase of all items listed on Attachment "A". III. ISSUES A. Need B. Timeliness C. Competition of Purchases IV. ALTERNATIVES Council approve this request to appropriate $45,816.00 to specific budget accounts to allow for designated Capital Maintenance and Equipment Replacement Program expenditures. Honorable Mayor and City Council Page 2 Need - some critical needs and enhancements in office automation will be met with this alternative. Timeliness purchases of items less than $10,000 can be expediently bid and appropriately procured. Competition of Purchases - all items will be purchased in accordance with the City Procurement Code. Council not approve this request to appropriate funds to specific budget accounts for Capital Maintenance and Equipment Replacement Program expenditures. Need - some critical office automation needs will not be met with this alternative. 2. Timeliness - would not be met. Competition of Purchases - would not be an issue in this alternative. Vo RECOMMENDATION Council approve Alternative "A" - appropriate $45,816.00 from Capital Maintenance and Equipment Replacement Program to specific accounts as follows: Sheriff Personnel Police Planning C.I.S. 001-024-2040-9015 001-050-1261-9015 001-050-3112-9015 001-052-8110-9015 006-050-1601-9015 $ 16,500.00 4,000.00 12,000.00 4,000.00 9,316.00 Respectfully submitted, W. Robert Herbert City Manager WRH/DDR/ms cc: City Attorney Director of Finance ATTACHMENT "A" 1987-88 Capital Maintenance and Equipment Replacement Program Designated Expenditures Sheriff Personnel Police Planning C.I.S. Office Automation Consisting of Personal Computers, Printers, Monitors, Work Stations, Multiplexor and Computer Software Personal Computer with Software Office Automation Consisting of Personal Computers, Printers and Computer Software Personal Computer with Software Office Automation Consisting of Personal Computers, Printers, Monitors and Computer Software Total $16,500.00 4,000.00 12,000.00 4,000.00 9,316.00 $45,816.00 Office c~ the City Clerk March 30, 1988 File #60-219 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29037, amending and reor- dainin~ certain sections of the 1987-88 General and Capital Funds Appropriations, providing for the transfer of $100,000.00 from the Capital Maintenance and Equipment Replacement Program to the Capital Fund, Traffic Signals, in connection with certain traffic signal replacement, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Jr., Manager, Signals and Alarms Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Do Darwin Roupe, Manager, General Services and Room456 MunlcipalBuildlng 215 Church A,,~ue, S.WRoanc~e, Vlrg~nla24011 (703)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1988. No. 29037. AN ORDINANCE to amend and reordain certain sections of the 1987-88 General and Capital Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1987-88 General and Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Non-Departmental Transfers to Other Funds Fund Balance Capital Maintenance & City Unappropriated Capital Fund Appropriations Traffic Engineering Traffic Signals - General 1) Transfers to Capital Projects Fund 2) CMERP - City 4) Appr. from General Revenue Equipment Replacement Program- (2) ............................ (001-004-9310-9508) $ 100,000 (001-3332) (100,000) (008-052-9560-9003) 100,000 $10,446,763 8,959,406 $ 1,679,078 $ 1,322,827 489,643 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Fund Appropriations - Capital Maintenance and Equipment Replacement Program I. BACKGROUND A. November 9, 1987, City Council approved a Capital Maintenance and Equipment Replacement Program. B. Capital Maintenance and included $100,000 for replacement. Equipment Replacement Program traffic signal equipment Council's approval is required for single purchases whose cost exceed $10,000, as stated in the Code of the City of Roanoke, Chapter 23.1, Procurement, (1979), as amended. D. Facts on Traffic Signal Controllers: Expected Life of a traffic signal controller is much shorter today than in the past. Controllers remained basically the same style and manufacturers stocked parts for up to 15 to 20 years and in some cases 20 to 25 years. With technology changing as fast as it is and the state-of-the-art progressing so quickly, the manufacturers are upgrading their equipment and phasing out the stocking of parts for such a long period of time. The life expectancy of production and stocking of parts now is about 10 years with a maximum of 15 years. Cannibalization of equipment - The City has used this method for a long time. This means that as older equipment is replaced the "surplus equipment" is saved and parts are used to keep the remaining similar equipment operating. Today 28 intersections out of 130 have been identified as needing to be replaced due either to age, non-availability of parts, or just plain worn out. F. Priority of intersections to be replaced as of today is: 1. Grandin Rd. & Memorial Ave., S.W. $15,000 Members of Council March 28, 1988 Page 2 2. Orange Ave. & llth St., N.W. $12,000 3. Brandon Ave., Sherwood Ave., & Main Street, S.W. $38,000 4. Brandon Avenue & Mudlick, S.W. $35,000 $100,000 The above priority list is based on todays assessment and may be changed or other intersections substituted depending on future breakdowns, parts availability, or other unknown factors. Phasinq - Additional funding will be required in future budgets to allow the continuance of traffic control equipment replacement. II. CURRENT SITUATION Bids are currently being taken and evaluated for the equipment needed to begin the replacement effort. B. Council appropriation of CMERP funds is needed to allow for the procurement of all required items. III. ISSUES A. Need B. Timeliness C. Competition of Purchases D. Delivery & Installation IV. ALTERNATIVES City Council approve the request to appropriate $100,000 to allow for designated Capital Maintenance and Equipment Replacement Program expenditures previously approved. Need - Certain controllers, signals, detectors, are of an age that parts are no longer available. In fact, we have two intersections that equipment became totally unrepairable and now have makeshift equipment that has been installed to keep them working: (a) Grandin Road & Memorial Avenue, S.W. (b) Orange Avenue & llth Street, N.W. Members of Council March 28, 1988 Page 3 Timeliness - Purchase of required items costing less than $10,000 can be expediently bid appropriately awarded. and 3. Competition of Purchase - all purchases will be in accordance with the City Procurement Code. Delivery & installation - Some items require up to 6 to 9 months for delivery, then must be installed. Some installations also require contract work after arrival of equipment. City Council not approve the request to appropriate funds to specific budget accounts for Capital Maintenance and Equipment Replacement expenditures. 1. Need - critical needs will not be addressed at present. 2. Timeliness - would not be met. 3. Competition of Purchase - would not be an issue in this alternative. Delivery & installation - would not be an issue as of now, but will play important role if anymore intersections should fail. V. RECOMMENDATION A. Council approve Alternative "A". Council appropriate $100,000 from CMERP to Account Number 001-004-9310-9508 (Transfer to the Capital Projects Fund), and appropriate the same amount to a new Capital Projects Fund Account named Traffic Signal Replacement. Respectfully submitted, W. Robert Herbert City Manager WRH:WMMjr:jrm copy: City Attorney Director of Finance Director of Public Works William M. Mul~ns, Jr. Office c~ the 0~' Clenk March 30, 1988 File #514 Mr. Fred C. Altizer Resident Engineer Virginia Department of Transportation 714 South Broad Street Salem, Virginia 24153 Dear Mr. Altizer: I am enclosing copy of a report of the City Manager requesting authorization by Council to submit a list of streets to the Virginia Department of Transportation to enable State Maintenance Payment eligibility, which report was before the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. On motion, duly seconded and adopted, Council concurred in the report. Sincerely,~ d~ ~. Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Mr. Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works Charles M. tluffine, City Engineer Room 456 Municipal Building 215 Church A',~'~ue, S.W. Roanc~e, '~rg~nia 240t I (703) 981-2541 Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Street Inventory for State Maintenance Payment Eligibility I. Background on this subject includes: mo Code of Virginia establishes the eligibility criteria of localities for receiving funds from the Virginia Department of Transportation (VDOT) for street maintenance. It speci- fies two functional classifications of highways and establishes a base payment rate per lane mile for each classification of roadway. These rates are adjusted annually by VDOT based upon a statewide maintenance index of unit costs for labor, equipment and materials used by VDOT on roads and bridges. Bo 1985 Session of the General Assembly amended this section of the Code of Virginia thereby changing the method of classifying these streets. The previous administrative classifications of (1) Primary Extensions and (2) Other Streets will now be referred to in the State Functional Classification System as (1) Principal/Minor Arterials and (2) Collector/Locals. Co VDOT, since 1985, has been conducting actual on-the-ground surveys, relogging and reclassifying streets in every loca- lity in Virginia and preparing new inventories to conform to the State Functional Classification System. Payments based on the former classification system have remained in effect on an interim basis pending the completion of the revised street inventory. This current fiscal year the City is eli- gible for approximately $5~475~178 in street maintenance payments from VDOT using this former system. These funds are used for many maintenance expenditures that the City incurs for streets, sidewalks, curb and gutter, traffic signals, bridges, signs and pavement markings. Current funding eligibility figure is $88~234 less than the City's adopted revenue estimate for Fiscal Year 1987-88 for highway maintenance payments. The revenue estimate of $5~563,412 was based on preliminary information provided to the City by VDOT before finalization of the State budget. Page 2 II. Current situation of this subject is: Revised inventory of Roanoke City streets eligible for State Maintenance Payments was received from VDOT on February 4, 1988. New inventory goes into effect in FY 1988-89 for main- tenance payment purposes. However, due to relogging and reclassifying streets, the City would only be eligible for $5~353~100 based upon current year payment rates. This is $210,312 less than the City's current revenue estimate. Bo City staff has reviewed this VDOT inventory to determine if there are any errors in mileage, designation or omission. This is also an opportunity to add streets to the inventory that have recently been widened or constructed (i.e. Hershberger Road). Inventory additions need to be submitted to VDOT prior to April 1, 1988 in order to be eligible for payment for the next fiscal year. These additions are to be submitted on VDOT forms with an accompanying resolution from City Council. City staff, to date, has found that the attached list of streets could be submitted to VDOT before April 1, 1988 to enable their eligibility for payment in the next fiscal year. Approval of this addition to the street inventory could add approximately $245~355 at current year payment rates, an overall net gain of $35,043 above the current year's revenue estimate. III. Issues in order of importance are: A. Maintenance pa~zments B. Timin8 IV. Alternatives in order of recommendation are that City Council: Authorize the City Manager to submit the attached list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. Maintenance payments from VDOT could increase by as much as $35~043 over the current year's revenue estimate with the State's approval of this list. Timin8 is important inasmuch as this list must be sub- mitted to VDOT (Salem Resident Engineer) by April 1, 1988. Page 3 Vo WRH/RKB/mm Attachments: Do not authorize the City Manager to submit the attached list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. 1. Maintenance payments from VDOT are not increased. 2. Timing is not an issue. Recommendation is that City Council authorize the City Manager to submit the attached list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. Respectfully submitted, W. Robert Herbert City Manager Street Listing CC: Director of Finance City Attorney Director of Public Works City Engineer SUMMARY OF ATTACHED FORMS U-1 "Request for Street Additions or Deletions for Municipal Assistance Payments" ADDITIONS PRINCIPAL/MINOR ARTERIALS 8.1 Lane Miles COLLECTOR/LOCALS 42.4 Lane Miles DELETIONS* PRINCIPAL/MINOR ARTERIAL~ 3.51 Lane Miles COLLECTOR/LOCALS 2.09 Lane Miles * Associated with Hershberger Road project. Reflects deletion of old roadway. New roadway reflected in addition. App. No. 2-9 ~j Z App. No. 2-9 App. No. 2-9 App. No. 2-9 s App. No. 2-9 z App. No. 2-9 App. No. 2-9 App. No. 2-9 App. No. App. No. 2-9 App. No. 2-9 ol Office of the City Clerk March 30, 1988 File #27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: f am attaching copy of Ordinance No. 29038, approving issuance of Change Order No. 2 to the City's contract with H. Har. ner Gay and Company, 1nc., for Mud Lick Sanitary Sewer, Phase I, in an amount not to exceed $20,250.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. Sincerely, Mary F. Parker, C?,fC City Clerk MFP:ra pc: tl. Hamner Gay & Company, Inc., P. O. Box 11908, Virginia 24517 Mr. Sam H. McGhee, 1II, Mattern & Craig, P. C., Street, S. W., Roanoke, Virginia 24016 ~r. Wilburn Co Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William Fo Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah Eo Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Steven L. Walker, Manager, Sewage Treatment Plant Lynchburg, 701 First Room456 MuniclpalBullding 215(D~urchA'~nue, S.W. FU~anc~e, VIrg~nla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of March, 1988. No. 29038. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with R. Hamner Gay and Co., Inc., for Mud Lick Sanitary Sewer, Phase I; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with H. Hamner Gay and Co., Inc., dated May 11, 1987, related to the Mud Lick Creek Sanitary Sewer, Phase I. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT A~0UNT CONTRACT AMOUNT INCLUDIN~ PREVIOUS C~kNGE ORDERS Additional rock excavation CONTRACT A~OUNT INCLUDING CHANGE ORDER NO. 2 Time extension required as a result of this Change Order. $599,935.68 $738,940.68 $ 20,250.00 $759,190.68 municipal government, an emergency is deemed to exist, and nance shall be in full force and effect upon its passage. ATTEST: In order to provide for the usual daily operation of the this ordi- City Clerk. Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order #2 Mud Lick Sanitary Sewer Phase I I. Back~round: mo Fiscal Year 1985-1986 Budget, approved by City Council, con- tained various capital improvements and maintenance projects in the Sewer Enterprise Fund Budget. Included in the approved budget were funds for replacement of the Mud Lick Creek Sanitary Sewer from the Roanoke River Interceptor upstream to Grandin Road, S.W. Project was separated into phases. Phase I begins at the Roanoke River Interceptor and proceeds upstream to Lansing Drive, S.W. Phase II will start at Lansing Drive, S.W. and end at Grandin Road, S.W. Phase II was advertised in November, 1987. C. City Council received bids on Phase I on March 23, 1987. Do H. Hamner Gay and Co., Inc. of Lynchburg, Virginia, was awarded a contract on May 11, 1987, in the amount of $599~935.68 with a contingency in the amount of $30~864.32. Cit~ Council approved Change Order No. 1, by Ordinance #28821, on October 12, 1987, in the amount of $139~005.00. This Change Order was for additional rock and flow monitoring equipment. II. Current Situation: mo H. Hamner Ga~ and Co., Inc. has completed construction of the main line interceptor and has tied in the six (6) stream crossings which connect in the submains to the main line interceptor. In constructing the submains, 375 cubic yards of additional rock, over and above the contract amount and Change Order #1 amount, was encountered. This added an addi- tional $20~250.00 to the contract amount. The Contractor has now completed the project except for dressing up and landscaping. Page 2 III. Issues in order of importance are: A. Enaineerin~ concerns B. Fundin~ IV. Alternatives are: A. Authorize the City Manager to execute Change Order #2 in an amount not to exceed $20~250.00. 1. Enaineerin8 concerns were met as the submains were tied into the new interceptor line and the final payment can now be made to the Contractor. 2. Fundin8 availability exists in the project's contingency account. B. Do not authorize the City Manager to execute Change Order #2. 1. Engineering concerns were met as the submains were tied into the new interceptor line, however, final payment cannot be made to the Contractor without Council's approval of Change Order #2. 2. Fundin~ availability would not be an issue. V. Recommendation is that City Council take the following action: A. Authorize the City Manager to execute Change Order #2 with Ho Hamner Gay and Co., Inc. in an amount not to exceed $20~250.00 for additional rock excavation. B. Funds are available in the project contingency of Mud Lick Creek Sanitary Sewer Construction, Account Number 003-056-8418-9003. Respectfully submitted, W. Robert Herbert City Manager WRH/VRD/mm Page 3 CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Manager, Sewage Treatment Plant City Engineer Construction Cost Technician Mattern & Craig Of~e o~ ~e City March 30, 1988 File #27 Mr. W. Robert fferbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29039, approving issuance of Change'Order No. 2 to the City's contract with F. L. Showalter, Inc., for Williamson Road Storm Drain and East Sanitary Sewer, Phase I, Contract II, to reduce the contract amount by $23,299.64, for a new contract amount of $1,834,344.36, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra pc: F. L. Showalter, Inc., 2900 Fulks Street, Lynchburg, 24506 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel hi. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Virginia Room456 MunlclpalBuilcling 215C~urchAve~ue.S.W, Roonoke, Vlrglnla2401'~ (703)981-254'~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1988. No. 29039. AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with F. L. Showalter, Inc., for Williamson Road Storm Drain and East Sanitary Sewer, Phase I, Contract II, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of by the City Attorney, Change Order No. 2 F. L. Showalter, Inc., dated November 2, son Road Storm Drain and East Sanitary Sewer, 2. Such Change Order shall provide for the work to be performed: the City, upon form approved to the City's contract with 1987, related to the William- Phase I, Contract II. the following changes in ORIGINAL CONTRACT AMOUNT CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE O~DERS Delete: bolt together junction box bases Add: 6 foot diameter manhole bases Repair sinkhole NET AMDUlfr OF CHANGE ORDER CONTRACT AMOUNT INClUDING CHANGE ORDER NO. 2 $1,881,944. O0 $1,857,644. O0 ($ 55,790.72) $ 17,869.28 $ 14,621.80 ($ 23,299.64) $1,834,344.36 Time extension required as a result of this Change Order. O. municipal government, an emergency is deemed to exist, and ngnce shall be in full force and effect upon its passage. ATTEST: In order to provide for the usual daily operation of the this ordi- City Clerk. Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 2 Williamson Road Storm Drain and East Sanitary Sewer, Phase I, Contract II I. Backsround: City Council approved award of contract to F. L. Showalter, Inc. to construct the Williamson Road Storm Drain and East Sanitary Sewer, Phase I, Contract II on December 8, 1986 with a unit price contract amount of $1,881~944.00 and with a 5% contingency amount of $94~097.00. Chan~e Order No. 1 was executed March 5, 1987 to eliminate two bored crossings on Williamson Road by using the open cut method. This change order was deemed to be in the best interest of the City of Roanoke in that it provided vital protection against possible damage and/or breakage of an existing 36 inch main waterline running along Williamson Road. The net result of this change order caused a reduction in the contract amount of $24~300.00 giving a new contract amount of $1~857,644.00. Chan~e Order No. 2 will cause a further reduction in the contract amount by $23~299.64 giving a new contract amount of $1~834~344.36 and is due to two (2) construction items. Durin8 the course of construction, it was deemed necessary and favorable to substitute 6 foot diameter manhole bases for the bolt together junction box bases originally shown on the plans to provide workable and satisfactory clearance with existing underground utili- ties. After review by the City Engineering Department, the Consultant Engineer, and the Contractor, this substitution was made as an on-going field change during the course of construction as the need for substitution arose. This construction item is now closed out with the following itemization: Page 2 II. Delete Bolt Together Junction Box Bases, 16 ea. x $3,486.92 ($55,790.72) Additional 6 Ft. Diameter Manhole Bases, 11 ea. x $1,624,48 $17~869.28 2o Net Reduction ($37,921.44) Durin~ the course of construction, an extensive sinkhole was encountered on Williamson Road near the intersection with Wentworth Avenue that had to be repaired to insure the foundation and integrity of the storm trunk line and the intersection. The cost for this additional work performed by F. L. Showalter, Inc. is $14~621.80 giving a net reduction for Change Order No. 2 in the amount of ($23,299.64). Current Situation: A. F. L. Showalter~ Inc. has now completed all 6 foot diameter manhole base substitutions and the repairs to the sinkhole at Wentworth Avenue and Williamson Road. B. Adjustments to the contract amount needs to be made in the form of a properly executed change order. III. Issues in order of importance are: A. Compliance with the requirements of the Contract Documents. B. Engineering concerns. IV. Alternatives are: Authorize the City Manager to execute Change Order No. reduce the current contract amount of $1~857~644.00 by $23~299.64 and establish a new contract amount of $1,834~344.36. 2 to Compliance with the requirements of the Contract Documents, Paragraph 16 - Unexpected Conditions and Paragraph 20 - Change Order(s) of the General Conditions, was met. 2o Engineering concerns in regard to the manhole base substitutions and proper foundations in regard to the sinkhole at Wentworth Avenue were met. Page 3 WRH/ES/mm CC: B. Do not authorize the City Manager to execute Change Order No. 2. Compliance with the requirements of the Contract Documents would be met only by using other means of paying the Contractor for the extra work performed at Wentworth Avenue and by showing large over-runs and under-runs for the manhole bases and junction box bases respectively. Engineering concerns would not be an issue but a means of properly adjusting the contract amount to reflect actual work performed would not be provided. V. Recommendation is that City Council take the following action: Authorize the City Manager to execute Change Order No. 2 to reduce the current amount of $1~857~644.00 by $23~299.64 and establish a new contract amount of $1~834~344.36. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician Office c~ ~ CJr~ Clen~ ?4arch 30, 1988 File #236-178 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. llerbert: [ am attaching copy of Ordinance No. 29041, authorizing the exe- cution of a grant agreement with Ky le R. Taylor, II, providing for reimbursement of certain costs for relocating, renovating and selling the house presently located at 2052 Centre Avenue, N. W., under the Vacant Lot Homesteading Program, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on ~fonday, March 28, 1988. Sincerely, Mary F. Parker, CMC City Clerk ~4FP:ra pc; Mr. Ky le R. Taylor, 1830 Fremont Circle, N. W., Roanoke, Virginia 24017 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, [lousing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municli~al Building 2t5 C~urch Avenue, S.W, Roonoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOF~E, VIRGINIA, The 28th day of March, 1988. No. 29041. AN ORDINANCE authorizing the execution of a grant agree- ment with Kyle R. Taylor, II, for a Vacant Lot Homesteading Grant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute, for and on behalf of the City, R. Taylor, II, granting to Mr. munity Development Block Grant a grant agreement with Kyle Taylor up to $2,500 in Com- funds in reimbursement for certain of the costs to be incurred in relocating a house to 1402 Gilmer Avenue, N. W., and renovating and selling it, such agreement to be consistent with the terms of the City's Vacant Lot Homesteading Program, as amended by Council on November 7, 1987, and to be approved as to form by the City Attorney. 2. In order to provide for the daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia March 28, 1988 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Contracts Under Vacant Lot Homesteading Program I. Background: A. Vacant Lot Homesteading Program generally is intended to encourage maintenance of vacant lots in older areas of the City. Extension of Program, approved by Council on November 9, 1987, takes this concept further by encouraging development of new housing on vacant lots, by reimbursing the builder/developer for certain costs of development. C. Allowable costs reimbursable under the Program, up to a maximum of $2500 in each case, are: 1. Purchase price of the lot, up to the fair market value; 2. Legal fees associated with purchase and resale, as paid by builder/developer; 3. Clearing and grading where necessary; #. Building permit fees; 5. Water and sewer connection fees; 6. Other reasonable expenses customarily associated with such real estate transactions. D. Conditions which builder/developer must meet to receive reimbursement are: Building and site plans approved by Building Department as meeting applicable building and zoning codes and being compatible with existing neighborhood design; 2. Build or move a residential building onto the lot within specified time; 3. Sell or lease the building initially to a low-moderate income party. II. Current Situation: Ao K¥1e R. Taylor II has presented a proposal whereby a house would be relocated from 2052 Centre Avenue NW to lt~02 Gilmer Avenue NW. His proposal includes renovating the house to bring it up to Code. The house will then be sold to low-moderate income person. Page 2 March 28, 1988 The house at its current Centre Avenue location is a non-conforming use in a Light Manufacturing Zoning District and is not occupied· Mr. Taylor closed on the lot on approximately March 1, I988. He has been talking with the Housing Development Office about his plans for this lot and the Vacant Lot Homesteading Program for several months, and understands that any participation in the Vacant Lot Homesteading Program is subject to Council approval. III. Issues: A. Effect on community revitalization. B. Housing opportunity for low-moderate income family. C. Cost to the City. IV. Alternatives: Authorize the City Manager to execute a contract with Kyle R. Taylor II providing for reimbursement for certain costs as provided in the approved Vacant Lot Homesteading Program as extended, outlined in I. C. above, and specified in the individual contract, for relocating, renovating and selling the house presently located at 2052 Centre Avenue NW; and authorize reimbursement to Kyle R. Taylor~ II for such costs upon completion and occupancy of the house according to the terms of the contract. Effect on community revitalization would be positive in several ways. Removing the house from Centre Avenue would eliminate one instance of use not conforming to zoning. Relocating the house to Gilmer Avenue would provide a single-family home to a low-moderate income person in a residential setting, currently a vacant lot, and would put this particular house back into productive use. 2. Housing opportunity for low-moderate income family is created under the terms of the contract. Cost to the City would be borne entirely by Community Development Block Grant funds allocated to the Vacant Lot Homesteading Program, and would not exceed $2,500. Funding is available in account number 035-08~-8920-510#. Do not authorize the City Manager to execute a contract with Kyle R. Taylor II providing for reimbursement under the Vacant Lot Homesteading Program. Effect on community revitalization would be negative. A non-conforming usage may continue, and the house may continue to remain vacant and non-productive. Also the Gilmer Avenue area would not benefit from the development of another single- family house. Page 3 March 28) I988 Housing opportunity for low-moderate income family may be lost. Even if the house is moved and renovated~ there are no guarantees that occupants will be of low-moderate income. Cost to the City would be nothing initially. However if the house is not moved and renovated, tax revenues of new development may be lost. V. Recommendation Concur in Alternative A, thereby authorizing the City Manager to execute a contract with Kyle R. Taylor Il providing for reimbursement for certain costs as provided in the Vacant Lot Homesteading Program as extended and specified in individual contract~ for relocating~ renovating, and selling the house presently located at 2052 Centre Avenue NW; and authorize reimbursement to Kyle R. Taylor, II for such costs according to the terms of the contract. Respectfully submitted, W. Robert Herbert City Manager WRH:CMH;cmh CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator VACANT LOT HOMESTEADING PROGRAM Grant Agreement for Acquisition and Development of Vacant Lot THIS AGREEMENT is entered into by Kyle R. Taylor, II (hereinafter, the "Grantee") and the City of Roanoke (hereinafter, the "C!ty") concerning a certain vacant lot (hereinafter, the "Lot"), in the City of Roanoke, identified as Official Tax Map Number 221-16-09 , described as Lot 16, Blk 26, Map H P , located at approximately 1402 Gilmer Avenue NW WHEREAS, the Grantee wishes to purchase the Lot and build or move a house thereon, and; WHEREAS, the City is willing to make a grant of Community Development Block Grant funds to the Grantee to assist the proposed project, if the Grantee fulfills certain conditions, as authorized by Roanoke City Council by Ordinance No. ., adopted on , 1988. THEREFORE, the parties to this Agreement agree as follows: Responsibilities of the Grantee The Grantee agrees within the times specified in Section III, to: A. Buy or otherwise acquire the Lot, if it is available, by legal and legitimate means; B. Submit building and site plans as required by the Code of the City of Roanoke for review and approval by the Building Departmenti C. Build or relocate a residential building onto the Lot, as described in the building and site plans; D. Either sell or lease the building initially to low-moderate income persons, or occupy the buildin8 himself/herself, if Grantee is of Other: -2- ]ow-moderate income. Low-moderate income is defined as income not exceeding 80% of the median family income in the Roanoke Metropolitan Area as established by the United States Department of Housing and Urban Development. These income levels, by fami1y size, are currently as follows (and are subject to revision): person persons persons $21 persons $24 persons $25 persons $27 persons $28 persons $30 $]7 000 400 800 250 750 300 $00 ,300 II. Responsibilities of the City Upon fulfillment of the responsibilities of the Grantee as described above, the City agrees to make a grant of Community Development Block Grant funds to the Grantee, up to a total of $2,500, for reimbursement documented expenses as follows: A. Purchase price of the Lot, up to the fair market value, as determined by competent appraisal or tax assessment, whichever is higher; -3- t~. Legal fees paid by Grantee associated with purchase and conveyance of the Lot, and/or resale and conveyance of the property after completion, not to exceed $300; C. Building permit fees; O. Water and sewer lateral and connection fees~ E. Other reasonable expenses, approved by the City in advance, customarily associated with such real estate transactions (such as recording the deed, grantor's tax upon resale, survey etc...) F. Cost to clear and/or grade the Lot as follows: III. Ef£ective Dates and Time Limits This Agreement shall be in effect from the date it is executed by the City and it shall continue in effect until either (1) full performance of the Grantee's obligations pursuant to this Agreement, and payment of the Grant to the Grantee or (2) cancellation with written notification by the City to the Grantee, due to the Grantee's failure to perform within the time period set out in this section. The Grantee shall complete acquisition of the Lot by March Ir 1988 The Grantee shall submit building and site plans, obtain appropriate building permits, and begin work within six (6) months of the acqui- sition of the Lot. -¢_ The Grantee shall complete work and have the structure occupied within twelve (12) months of the acquisition of the Lot, according to this Agreement no later than March 1, 1989 IV. Failure to Comply In the event this Agreement is cancelled by the City, the City shall not be obligated to reimburse the Grantee for any costs related to the acquisition or development of the Lot. V. Third Parties The City shall not be obligated or liable under this Agreement to any party other than the Grantee. VI. Grant Disbursement The City agrees to make payment of the grant to the Grantee within fourteen (1¢) days of receipt, by the City, of documentation deemed sufficient by the City to document that the Grantee has incurred expenses covered by this Agreement. The Grantee must submit a request for reimbursement within 90 days of occupancy of the structure erected or moved to the Lot. VII. Hold Harmless The Grantee agrees to hold the City, its officers, agents and employees harmless from any and all damages, losses, expenses, and claims that may arise out of the Grantee's use, occupancy or ownership of the Lot during the term of this Agreement. In Witness Whereof, the City and the Grantee have executed this Agreement. (Grantee) By Attest: City of Roanoke City Manager Date of Agreement Office of the Ci~ C]e~ March 30, 1988 File #472-183 Berglund Chevrolet, Inc. P. 0. Box 12608 Roanoke, Virginia 24027 Johnson International Trucks P. 0. Box 12087 Roanoke, Virginia 24022 Magic City Ford Corporation P. 0. Box 12807 Roanoke, Virginia 24018 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29044, accepting the bid of Dickerson GMC-Truck-Peterbilt, Inc., for one new cab/chassis, in the amount of $17,969.00, and the bid of ~IAP Enterprises, [nc., for one new utility body and platform lift, in the amount of $34,635.00, for the Signals and Alarms Department, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. On behalf of the Council, I would like to express appreciation for submitting your bid on the abovedescribed equipment. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Eric. Room 456 Municipal Building 215 Church A',~nue, S.W. Roanoke, V~rg~nla 240tt (703) 981-2541 Office of ?ne Ci~ Oerk March 30, 1988 File #472-183 Dickerson GMC-Truck-Peterbilt, P. O. Box 12666 Roanoke, Virginia 24027 [ne · I~P Enterprises P. 0. Box 3097 Burlington, North Carolina 27215 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29044, accepting the bid of Dickerson GMC-Truck-Peterbilt, Inc., for one new cab/chassis, in the amount of $17,969.00, and the bid of MAP Enterprises, Inc., for one new utility body and platform lift, in the amount of $34,635.00, for the Signals and Alarms Department, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. Sincerely, ,~lary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Manager, Signals and Alarms ~tr. James A. McClung, Manager, Motor Vehicle Maintenance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room 456 Municipal Building 215 O'~urch Avenue, $.W. Roonoke, Vlr~lnlo 240t t (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of March, 1988. No. 29044. VIRGINIA, AN ORDINANCE accepting bids for a signals and alarms truck; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purcha~e Number Description Bidder Price 1 New cab/chassis for Dickerson GMC-Truck $ 17,969.00 platform lift & Peterbilt, Inc. utility body 2 New utility body and Nap Enterprises, Inc. $ 34,635.00 aerial tower to be mounted on Item No. i 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's specifications, the respective bids made therefor and in accordance with this ordi- nance. said items are hereby REJECTED; so notify each such bidder and appreciation for each bid. Any and all other bids made to the City for the afore- and the City Clerk is directed to to express to each the City's 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Cle~ March 30, 1988 File #60-472-183 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29943, amending and reor- daining certain sections of the 1987-88 General Fund Appropriations, providing for the transfer of $52,604.00 from Capital Maintenance and Equipment Replacement Program to Signals and Alarms, in connection with the purchase of one cab/chassis, and one utility body and platform lift, for the Signals and Alarms Department, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 28, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Mr. W. Robert Herbert, City Manager William F. Clark, Director of Public Works Mr. William M. Mullins, Manager, Signals and Alarms Mr. James A. McClung, Manager, Motor Vehicle Maintenance Mr. George C. Snead, J.., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Roon"~ 456 Munlcij:~al Building 2t5 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-254t VIRGINIA, IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of March, 1988. No. 29043. AN ORDINANCE to amend and reordain certain sections 1987-88 General Fund Appropriations, and providing for an emergency. of the WHEREAS, Government of the City of Roanoke, an emergency is exist. THEREFORE, BE IT ORDAINED by the Council of Roanoke that certain sections of the 1987-88 Appropriations, be, and the same are hereby, reordained, to read as follows, in part: for the usual daily operation of the Municipal declared to the City of General Fund amended and ApproDriations Public Works Signals and Alarms (1) .............................. Fund Balance Capital Maintenance & Equipment Replacement Program- City Unappropriated (2) ............................ 1) Vehicular Equip. (001-052-4160-9010) $ 52,604 2) CMERP - City (001-3323) (52,604) $17,076,453 689,972 $ 1,726,475 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid on Signals & Alarms Truck Bid Number 88-2-10 I concur with the recommendations of the bid committee relative to the above subject, and recommend it to you for appropriate action. WFC:WMMjr:pr Respectfully submitted, W. Robert Herbert City Manager Attachment pc: City Attorney Director of Finance Director of Public Works Manager, Signals & Alarms Manager, General Services Manager, Motor Vehicle Maintenance Roanoke, Virginia March 28, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: subject: Bid on Signals & Alarms Truck Bid Number 88-2-10 I. BACKGROUND: November 9, 1987 City Council designated funds in the Capital Maintenance and Equipment Replacement Program (CMERP) to provide for the purohase of a traffic signal maintenance truck. Bids were received in the office of the Manager of General Services on February 18, 1988, at 2:00 p.m., at which time all bids so received were publicly opened and read. Bid tabulation is attached. C. Bonds Performance bonds in the amount of the bid were specifically identified in the specifications. II. CURRENT SITUATION: A. Bid responses received are as follows: 1. Four (4) responses for cab/chassis 2. One (1) response for utility body and vertical lift (a) Vertical lifts suppliers for traffic signal work is very limited. i Type specified and bid received is an improved model of the type that the City has had in daily operation for over twelve years. ii In specifiations "or equal" was used in case some alternative not known by us was available and could be bidded and then evaluated by the City. (b) Six (6) responses of "No bid" were received. Members of Council March 28, 1988 Page 2 B. Ail bids were evaluated in a consistent manner by representatives of the following departments. 1. General Services 2. Motor Vehicle Maintenance 3. Signals & Alarms Department III. ISSUES: A. Need B. Compliance with specifications C. Funds Availability IV. ALTERNATIVES: A. Council accept the lowest responsible bids as follows: Item 1 - Accept the bid for one (1) cab/chassis from Dickerson GMC-Truck-Peterbilt, Inc. for the amount of $17,969.00 and reject all other bids. ii. Item 2 - Accept the bid for one (1) utility body and platform lift from MAP Enterprises, Inc. for the amount including performance bond of $34,635.00. Need - This alternative will provide for the replacement of a traffic signal maintenance truck which is costly to maintain and operate. Compliance with specifications - The bids, as recommended in this alternative, meet all City specifications. Funds Availability Funds Capital Maintenance and Program for this purchase. are available in the Equipment Replacement B. Reject all bids. 1. Need - Necessary replacement of equipment would not be accomplished. 2. Compliance with specifications would not be a factor in this alternative. Members of Council March 28, 1988 Page 3 3. Funds availability - Funds designated for this purchase would not be expended. V. RECOMMENDATION: A. Council concur in Alternative "A" and accept: 1. The bid for one (1) cab/chassis from Dickerson GMC-Truck-Peterbilt, Inc. for the amount of $17,969.00. The bid for the utility body and vertical lift to be mounted on Item ~1 from MAP Enterprises, Inc. for the amount of $34,635.00. B. Appropriate $52,604.00 from Capital Maintenance and Equipment Program to Signals & Alarms Department Account 001-052-4160-9010 to provide for this purchase. Respectfully submitted, Bid Committee: William F. Clark WFC:WMMjr:jrm pc: City Attorney Director of Finance William M. Mullins, Jr. D. Darwin Roupe 0 -,~ ~. O~ 14-1 o o o o o© o~ 0 0 March 28, ~'~8~.~~2 ;~ ~ TO: FROM: SUBJECT: Honorable Mayor and Members Joel M. Schlanger Monthly Financial Report of City Council Attached is a copy of the financial report for the month of February, 1988. JMS:dp r-e6t6r of Finan~ GENERAL FUND CONTINGENCY BALANCE AS OF FEBRUARY 29, 1988 Balance July 1, 1987 C~ramity Planning Grounds Maintenance Real Estate Valuation Ecmmomic Develognent City Clerk Eocncmic Develct~ent City M~%ager City Council City Council Health Department FDEIC Grounds Mmintenance City Attorney Fringe Benefits City Clerk Dizector of Utilities & Ecc~c~c Developnent tsmm~mic Develcgment Economic Develo~nent Sno~ Rsnoval City M~nager city Manager Fifth Planning District Dues Disability Insurance Site Analysis Weed Program Printing for Code Supplement Employee ~gestion Pro~ram Regional Paze_nership Dues Dic~t~ ~quiwent Sister City Ccntrikution Local Share of Cperations Office Renovation EquiDment Forniture Service Pins Electric Rate Negotiation Fee Rendering of Shell Building Brochures of Shell Building Professional Services G~micals Administrative Supplies 276,860 5,000) 5,000) 1,576) 5,000) 5,000) 3,500) 5,000) 3,000) 400) 2,002) 1,000) 27,742) 14,400) 5,000) 1,302) 70,505) 4,000) 15,840) 3,450) 2,440) 3,450) 30,000) 4,500) 25) 57,728 Capital Reserve: Balance July 1, 1987 Transfer to Capital Pro~cts F~nd Street Maintenance Fire Training General Services Fire Training ~nrine Hill Tennis Courts City Limit Signs City Limit Signs Ice Machine ~quil~ent ~ui~ent ~quil~ent ~quilm~nt ~quil/r~nt $ 150,000 (21,720) 7,000) 5,000) 1,744) 2,125) 5,000) 738) 1,945) 2,787) 4,686) 5,000) 92,255 1 GENERAL FUND CONTINGENCY BALANCE (cont.) AS OF FEBRUARY 29, 1988 Maintenance of Fixed Assets Ccntingency: Balance July 1, 1987 Transfer to Capital Projects nmd $ 200,000 (68,000) 132,000 5kluiurent Replacanent Ccntingency: Balance July 1, 1987 Police Patrol Vehicles Fire Suppression Vehicles School Board Vekicles School Board ~quip~_nt $ 750,000 (434,429) (13,558) (141,354) ( 8,640) 152,019 $ 434,002 0 0 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDED FEBRUARY 29, 1988 Ccmrercial Sales rk~nestic Sales Industrial Sales Town of Vinton Roancke County Custc~er Services Total Operating ~ue Less: Operating Exp. Before Depreciaticn Personal Services Cener~l Expenses P~Nping Statices and Tanks Purificaticn Total Operating Exp. Before Depreciatic~ Operating Inoc~e Before Depreciatic~ Less: Depreciatic~ ~ting Inca~ Add: Non-Operatir~ Incc~ Interest on Investments Bents Bad Debt Collecticns Total Non-Operating Inccn~ Inccm~ Before Nc~-Operatir~ Expenses Less: Non~Dperatir~ Expenses Transfer to Other Net 1988 $ 682,310 1,003,382 76,302 34,606 841,835 264,985 2,903,420 487,564 841,506 271,567 122,660 1,723,297 1,180,123 409,310 770,813 86,844 4,062 504 3,888 95,298 866,111 -0- 18,444 18,444 $ 847,667 1987 $ 654,715 995,906 76,690 22,354 497,372 185,235 2,432,272 467,436 793,231 269,272 140,370 1,670,309 761,963 393,472 368,491 115,210 3,250 11,218 4,214 133,892 502,383 57,010 24,711 81,721 $ 420,662 WATER FUND CONTINUED Office F~rniture & ~quip~-nt Vehicular ~k/uip~mnt S.W. Trunk Line (Phase 4) 12 Line ~nadwell 16 Line G.C. Tank #3 New Services Hyd. Lines FY 87 New Services Hyd. Lines FY 88 Unidentified Plant Replac6~_nt FY 87 Unidentified Plant Replac~rent FY 88 10 Year Mster Beplac~m~nt Fire Hydrants Portland - Ben Tie In Bo~ley Hills Pump Carroll Avenue Tank Painting Franklin Road Pump Statice Franklin Road Tank Land Salon Inte_rccmnect PS FY85 Projects Design FY86 Projects Design Franklin Rcad Tank Bound Hill ~ Station Watershed Protectic~ Ca~vins Cove Total Project E~penditures Less Prior Year Expenditures Total Current Year Expenditures Year to Dete Ex~_nditures $ 1,035 13,723 23,826 25,614 37,525 432,035 390,752 185,300 66,839 2,457 48,465 8,293 20,688 62,100 169,559 141,251 11,371 190,293 24,893 12,103 227,336 51,093 196,412 2,342,963 1,553,697 $ 789,266 NOTE: ~ of these projects are cc~tinued frc~ FY 87 with inceptic~ to date totals. CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDED FEBRUARY 29, 1988 se~ge aha~s - city Se~ge Charges - Comity Se~ge ~rges - vi~ ~e ~s - ~ ~ge ~s - ~ ~ ~r ~s I~ ~s ~ ~a~ ~n~ ~ss: ~ ~. ~fo~ ~ia~ ~a~ ~ ~ ~s ~ ~ ~. ~fo~ ~ti~ ~a~ In~ ~f~ ~ia~ ~ss: ~iati~ In--st on I~ ~d ~ ~ll~i~ ~ ~n~ In~ ~ ~fo~ ~a~ ~s ~ss: ~t~ ~ 1988 $2,629,753 461,260 154,670 650,921 32,150 74,035 6,543 4,009,332 744,117 2,378,511 3,122,628 886,704 596,426 290,278 184,980 9,544 4,612 199,136 489,414 80,825 $ 408,589 1987 $2,587,570 546,208 135,781 614,890 30,748 56,228 4,057 3,975,482 755,194 2,130,605 2,885,799 1,089,683 576,662 513,021 148,859 17,959 5,379 172,197 685,218 93,023 592,195 Net Incu~ SEWAGE TREATMENT FUND CONTINUED Capital Outlay Not Included in Operating Ext~enses: Construction - Structures Flo~d Relief FY85 Project Design Garden City Sanitary Se~r Williamson Road West S~r Pro~=ct FY86 Project Design Mud Lick Sewer land Purchase Digester C~s Line SPP Land A~quisition Cove Road Williamson Road East Sewer Phi Cc~t II Blue H/lls Drive Ext. @ RC1T Sewage Lift Station Fine Mesh Screens Nor~ocd Sanitary Se%~r Replacer~nt Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date $ 42,936 24,440 315,374 278 384 42,546 19,040 691,737 84,854 12,250 86,095 351,168 22,745 36,688 32,716 64,291 1,827,542 360,927 $1,466,615 NC~PE: Sc~r~ of these projects are continued fr~n FY 87 with inoeption to date totals. ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDED FEBRUARY 29, 1988 ~nding Fees Building and ~p/u~nt Rentals Terminal Building Rentals Other Property Rentals ~dvertising Cc~missic~s Fuel and Oil Sales C~Tmissic~s Persc~al Services Total Operating Exp. Before Depreciatic~ Operating Inccme Before Deprecaatic~ Imss: Depreciatic~ Operating Inco~ ~: Non-O~erating Inc~ Interest on Inves~n~ents Total Non-Cperatir~ 1988 $ 259,086 112,706 134,898 18,129 15,098 997,108 26,926 16,944 1,580,895 277,057 771,693 1,048,750 532,145 386,823 145,322 101,836 101,836 247,158 73,451 $ 173,707 1987 $ 257,206 111,760 132,628 26,259 15,194 930,662 20,923 19,560 1,514,192 263,717 700,814 964,531 549,661 362,492 187,169 172,609 172,609 359,778 75,804 $ 283,974 10 ROANOKE REGIONAL AIRPORT COMMISSION CONTINUED Capital Outlay NCc Included in Cperating Expenses: Furniture and Equipment Vehicular ~ui~m~_nt New ~ Pro~cts FY 87 New Ai~ Projects FY 88 kiP #01 New Termin~ Noise Protection & Soundproofing Auto Transfer Switch Year to D~te Ex~er~it~ $ 3,606 38,775 44,325 105,027 81,388 93,792 2,921,686 50,262 40,948 31,150 Total Project Expenditures Less Prior Year Expenditures Total Current Year E~penditures 3,410,959 2,004,408 $ 1,406,551 NOTE: Sc~e of these pro~ts are cc~tinued fr~ FY 87 with inception to date totals. 11 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATF~MENT FOR THE 8 MONTHS ENDED FEBRUARY 29, 1988 Operatir~ Revenue: Rentals Zve~ tape. es Advertising Admissicas Tax Cc~missiogs I~ss: Operating Exp. Before Depreciatic~ Perscmal Services Utilities and C~,¥~nicatic~s /~ministrative E~uenses Prcmoti~nal Expenses: Perscaal Services Total Operating Exp. Before De~reciatic~ Operating (Loss) Before De~reciatic~ Less: Depz~ciatic~ Operating Add: Non-Ouerating Inccme Interest on Investments Total Non-Operating Ino~re 1988 $ 203,393 53,377 75,298 2,360 53,963 78,220 466,611 313,066 239,159 371,821 44,605 9,746 978,397 ( 511,786) 192,824 ( 704,610) 31,717 7,706 39,423 $(665,187) 1987 215,278 39,716 56,212 2,945 41,406 67,155 422,712 307,479 222,559 322,186 31,846 2,299 886,369 ( 463,657) 203,363 ( 667,020) 32,283 3,548 35,831 $(631,189) Net (Loss) 12 CIVIC CENTER FUND CONTINUED Capital Outlay NCc Included in Operatir~ E~penses: Seat R~p~t E~:terior Caulking & Sealing Year to D~te Ex~nditures $ 16,977 167,890 11,400 $196,267 13 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDED FEBRUARY 29, 1988 Operating Reven~: C~rges for Services Total Operating Revenue Less: Operating E~p. Before Depreciaticn Persc~al Services Total Cperating Expenses Before Depreciaticn Operatin~ I~ Before Depreciatic~ Less: Deureciaticn Operating Income Transfer fr~n Other Funds Interest on Investments Total Non-Operating Incc~ 1988 $3,801,732 3,801,732 2,279,909 1,191,004 3,470,913 330,819 296,072 34,747 47,363 47,363 $ 82,110 1987 $3,700,472 3,700,472 2,294,659 1,049,159 3,343,818 356,654 266,612 90,042 57,010 10,323 67,333 $ 157,375 Net Inc~ 14 INTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operatin~ Expenses: c~s - oe~ ~ Motor Vehicular Mmintenance - Other ~ktuitm~nt Utility Line Service - Furniture & Equit~ent Utility Line Service - V~hicular Mquipment Year to D~te E~enditures $ 771,683 3,821 2,839 69,800 75,606 $ 923,749 15 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL 5TATENENT DF ACCOUNTABILITY FOR HONTN ENDED FEBRUARY EV, 1988 TO THE OIflECTOfl OF FINANCE: GENERAL 5TATENENT OF ACCOUNTABILITY OF THE CZTY TREASURER OF THE CITY FOR THE FUNOS OF SAID CITY THE NONTH ENOED FEBRUARY 29, 1988. OF ROANOKE, VIRGINIA FUND BALANCE AT RECEIPTS JAN. 31, 1988 GENERAL 1E,944,1§8.31 $11,197,476.E0 CAPITAL $19~576,734.08 $1B0~679.76 DEBT SERVICE $179,7§8.04 $1,290,053.03 HATER $1,937,532.56 $510,B61 50 SE#AGE TREATHEHT $3,5VV,D44.03 $536,189.36 AIRPORT $8,32B,306.73 $398,545.19 CIVIC CENTER $385,379.77 S77,681.37 INTERNAL SERVICE Sg94,O95.18 $341,B51.17 PAYROLL ($D,363,17B.64) $7,641,519.42 PUBLIC ASSISTANCE l$E60,96334) se70,TDg.72 FIFTH OIST CONSORTIUM S76,234.01 $94,140.35 GRANT PROGRAH5 i$586,197.73~ $2B7,064~63 DISBURSEHENTS $10,939,777.76 $364 438.60 $951 498.76 $276 08E76 $366 689.08 $369 1~§.70 $242 275.§7 $428 593.89 S8,043,560.17 $2B6,417 29 $149,770.69 $1,165,079.98 BALANCE AT BALANCE AT FEB. ~9, 1988 FEB. 28, 1987 62,BOI,B56.75 $2,897,269.29 $19,398,975.24 $16,561,769.79 $518,31B.31 $681,154.5B $e,171,711.30 $2,206,814.18 SB,T69,B44.31 SB,951,OB3.SB $2,357,726.22 $4,406,891.78 $220,795.57 $415,651.B0 $796,752.46 $7e7,448.11 ($3,765,213.B9! $105,567.05 ($226,647.91) $17,906.B0 S~1,203.67 $163,737.54 ($1,SE4,eZ3.OV) (91,097,760.99) TOTAL $27,712,309.00 S22,705,534.70 $23,S43~BO4.B5 $86,874,539.45 $31,159,462.46 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE 5TATENENT OF HY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUND5 OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDING FEBRUARY 29, 1988 THAT SAID FOREGOING: CERTIFICATES CASH OF DEPOSITS UNITED STATES SECURITIES CASH IN HAND CASH IN DOMINION BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OONINION BANk COLONIAL AMERICAN NATIONAL BANK SOIlRAN BANK CRESTAR BANK 5IGNET BANK CENTRAL FIDELITY FIRST FEDERAL SAVINGS 6 LOAN $234,710.80 $339,828.65 $9,000,000.00 $3,000,000.00 $6,000,000.00 SB,O00,O00.O0 $2,300,000.00 $4,000,000.00 TOTALS $224,710.80 K339,826.65 $9,000,000.00 $3,000,000.00 TOTAL5 $574,539.45 SeO,O00,O00.O0 $6,300,000.00 SB6,874,SD9 45 DATE: NARCH 15, 1988 ROANOKE CITY TREASURER 3.6 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 8 MONTHS ENDED FEBRUARY 29, 1988 City's Cc~tributic~s Investment Income Gain on Sale of Investments Inccme from Bond Discot~t Amortizatic~ 1988 $ 3,086,768 2,752,213 950,230 172,770 $ 6,961,981 1987 $ 3,104,302 2,544,625 3,440,171 102,322 $ 9,191,420 Pensic~ Pa~ents Ccr~issicns Active Service Death Benefit Expense fr~m B~nd Premiun Amortization Instance E~pense Administrative Expense Net Income Year to Dete $ 2,707,376 198,928 7,690 177,892 3,767 105,057 3,200,710 $ 3,761,271 $ 2,599,019 169,070 12,879 133,118 3,767 116,347 3,034,200 $ 6,157,220 17 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF FEBRUARY 29, 1988 Investn~nts: (market value - 1988 $87,309,038 ar~ 1987 $87,005,055) Prepaid Expenses Total Assets 1988 $ 974 83,272,569 1,413 $83,274,956 1987 $ 9,473 73,956,430 7,063 $73,972,966 Fund Balance, July 1 Net Inc~ Year to Date Fund Balance Total Liabilities and F~nd Balance $79,513,685 3,761,271 83,274,956 $83,274,956 67,815,746 6,157,220 73,972,966 $73,972,966 18 Office ot the City Cler~ March 30, 1988 File #514 Mr. Martin R. Willis Attorney P. 0. Box 1578 Roanoke, Virginia 24007-1578 Dear Mr. Willis: I am enclosing copy of Ordinance No. 29025, permanently vacating, discontinuing and closing portions of Light Street, N. E., bet- ween Eastern Avenue and Edmund Avenue, bounded by Official Tax Nos. 3210329, 3210313, 3210616 and 3210601, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, March 14, 1988, also adopted by the Council on second reading on Monday, March 28, 1988, and will take effect ten days following the date of its second reading. Since.ely, f~ Mary F. Parker, CMC City Clerk MFP:ra Eric. pc: Mr. & Mrs. ltenry L. Welch, Sr., 1721Williamson Road, N. E., Roanoke, Virginia 24012 Ms. Sandra L. Overstreet, 4136 Mud Lick Road, S. W., Roanoke, Virginia 24018 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von Wo Moody, III, Director of Real Estate Valuation Mr. Jerome S. Howard, Jr., Commissioner of Revenue Mr. Michael M. Waldvogel, Chairman, City Planning Commission ~fr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Room 456 Municipal Building 215 Q~urch Avenue, 5.W. Roanoke, Virginia 240t I (703) 981-2541 Mr. Martin R. Willis Page 2 March 30, 1988 Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. tfuffine, 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 Office o~ the City Clerk March 30, 1988 File #514 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29025, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of portions of Light Street, N. E., between Eastern Avenue and Edmund Avenue, bounded by Official Tax Nos. 3210329, 3210313, 3210616 and 3210601, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, March 14, 1988, also adopted by the Council on second reading on Monday, March 28, 1988, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eno. pc: Mr. Martin R. Willis, Virginia 24007-1578 Attorney, P. O. Box 1578, Roanoke, Room456 Munlcll:x~lBultding 2150~urchAve~ue, S.W.P, oono~e, Vlrg~nla24011 (703)981-254.1 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of March, 1988. No. 29025. VIRGINIA, AN ORDINANCE permanently, vacating, tain public right-of-way in the City of particularly described hereinafter. discontinuing and closing cer- Roanoke, Virginia, as is more WHEREAS, H. R. Turner and Son, Inc., has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on March 14, 1988, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Two portions of Light Street lying between Eastern Avenue, N. E., and Edmund Avenue, N. E., more par- ticularly described as follows: Beginning at the point of intersection of the west side of Light Street and the north side of Edmund Avenue, N. E. thence with the west line of Light Street N. 06" W. 150.00 feet to a point on the south line of a l$-foot alley; thence with a new line crossing Light Street N. E., and forming the southerly line of a variable width alley S. 89" 43' 09" E. 26.55 feet to the point of intersection of the east line of Light Street and the south line of a 10-foot alley; thence with the east line of Light Street S. 38" 11' E. 117.00 feet to an angle point in Light Street; thence S. 70" 06' E. 19.63 feet to the north line of Edmund Avenue, N. E.; thence with said line S. 52" 08' 54" W. 32.04 feet to the place of beginning and containing 0.0712 acre. Beginning at the intersection of the south line of Eastern Avenue, N. E., and the west line of Light Street, N. E.; thence with a new line crossing Light Street N. 62" 12' 02" E. 20.31 feet to the northeast corner of Eastern Avenue and Light Street; thence with the east line of Light Street S. 38" 11' E. 167.16 feet to the north line of a 10-foot alley; thence with a new line crossing Light Street and being the north line of a variable width alley N. 82" 04' 52" W. 29.86 feet to a point at the intersection of the north line of a 15-foot alley and the west line of Light Street; thence with the west line of Light Street N. 37" 51' 06" W. 150.00 feet to the place of beginning and containing 0.074 acre. 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, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of H. R. Turner and Son, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission March 14, 1988 The Honorable Noel C. Taylor, Mayor and Members City Council Roanoke, Virginia Dear Members of Council: Subject: Request from R. R. Turner & Son, Inc. represented by Martin R. Willis, attorney, that portions of Light Street, N.E. between Eastern Avenue, N.E., and Edmund Avenue, N.E., bounded by official tax map numbers 3210329, 3210313, 3210616, and 3210601, be permanently vacated, discontinued and closed. I. Back~round Light Street, N.E., as requested for closure is an undeveloped (paper) section of public street right-of-way. Street section as shown on the city's official appraisal maps extends in an easterly direction from Eastern Avenue, N.E., for a distance of approximately 294'. Ri~ht-of-way width of Light Street, N.E., is shown on city official appraisal maps as being 50' in width. See attached map "A". Light Street, N.E. was originally platted for street use as a part of a very early land division (1890), entitled map of Glen Falls. mm Map of Glen Falls laid out lots and proposed streets in straight lines. As subsequent street construction occurred, rock formations, steep grades etc., caused the actual location of certain streets to be altered or adjusted. City Engineering department acknowledges that there are survey discrepancies existing in this area. Undeveloped streets in this immediate area by right-of-way dimensions, are for the most part based on very old surveys. Room 355 Municipal Building 215 Churah Avenue, 5W I",,~:~noke, Virginia 2401 t (703) 98t-2344 Roanoke City Council March 14, 1988 Page 2 Fuel tanks and appurtenances related to the business operation of the adjacent owner, H. R. Turner and Son Inc., are, accord- ing to survey, located within the street right-of-way. See attachment "B". Applicant, H. R. Turner and Son Inc., is the owner of the property identified as official tax numbers 3210601 through 3210604, see attached map "A". Owners of other properties situated adjacent to Light Street, N.E., are as follows: Henry L. and Shelby Jean Welch are the owners of the properties identified as official tax numbers 3210308 through 3210313, and 3210323 through 3210329. Sandra Lee Overstreet is the owner of the property identified as official tax number 3210616. Application for closure was originally received on July 27, 1987. Me Adjacent property owners (Turner and Welch) were not in agree- ment at that time as to whether the street should be closed. Plannin~ Commission on September 2, 1987, in response to the applicant's request postponed consideration of the application in order to provide the applicant with ample time to discuss the requested closure with the other adjacent property owners. II. Current Situation Application was reconsidered by the Planning Commission at its regular meeting of December 2, 1987. Adjacent property owners (Turner and Welch) were in agreement that the street should be closed. Staff was advised by coun- sel for the applicant that Sandra Lee Overstreet, owner of the other adjacent property (3210616) is also in agreement with the proposed closure, see amended application. Applicant submitted a recent survey of a portion (one-half) of Light Street as requested for closure. Survey prepared by Jack G. Bess, C.L.S., raised certain questions as to the exact location of the street area being requested for closure. Plannin8 Commission review concluded that the application for closure, as submitted would create and leave two (2) deadend alleys situated to the east and west sides of the subject street. Roanoke City Council March 14, 1988 Page 3 Planning Commission recommended that the applicant's request for closure be approved subject to the following conditions: Applicant should resubmit an amended application to omit a certain area from the closure, as needed, to provide for the contimuation or connection of the two adjacent alley systems, see attached map "A". Applicant should provide to the city an accurate survey/ subdivision of the subject street, including a metes and bounds description of the street area to be closed, and of the area to remain open as a continuation of the above cited alley systems. Applicant should submit the amended application and the survey/subdivision prior to legal notices being adver- tised for a public hearing in which City Council would consider the recommended closure. Amended application and survey/subdivision have now been sub- mitted by the applicant, as requested by the Planning Commission. III. Issues A. Neighborhood Impact: 1. Closure would not effect the immediate neighborhood. 2J Street section is undeveloped and situated on steep terrain. B. Traffic Impact: Closure would have no impact on traffic or traffic needs. C. Utilities within the right-of-way: There are no public or private utilities located within the right-of-way, other than those fuel tanks and appurtenances belonging to the applicant. D. Creation of a dead end street or alley: Closure as now requested will not create a deadend street or alley. IV. Relationship to the Comprehensive Plan: me Request is consistent with the intent of the Comprehensive Plan that available land be used in the most appropriate manner. Roanoke City Council March 14, 1988 Page 4 Be Street section is situated on steep terrain and has remained idle, unneeded and unused for the past 90 years. Adjacent property owners could utilize the land within the vacated right-of-way in a more efficient manner. V. Reco~nendation The Planning Commission by a vote of 5-0, (Mr. Bradshaw and Mr. Jones absent) recommends to City Council that the applicant's amended application to close the subject portions of Light Street, N.E., be approved. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission JRM/ERT/tsb attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner WILLIS, DAMICO & APGAR STREET '88 AMENDED APPLICATION FOE AND ALLEY CLOSING TO: COUNCIL OF THE CITY OF ROANOKE, VIRGINIA MEMBERS OF COUNCIL: be in the best concerned that and abandoned. Pursuant to Section 15.1-364 of the Code of Virginia, as amended, the undersigned hereby applies to Council permanently to close that portion of Light Street that lies between Eastern Avenue and Edmund Avenue. Light Street was created by the Jackson Park Subdivision plat and by the Lilly View Subdivision plat. However, that portion of Light Street which your Petitioner seeks to close exists only on the plats. It has never been open, and it would serve no useful purpose to develop and utilize same. To the contrary, the existence of this portion of Light Street on paper hinder the utilization and economic development of the appurtenant properties. Your Petitioner owns land on one side of that portion of Light Street to be closed. It is believed to interests of the City of Roanoke and all parties this portion of Light Street be officially closed In order to avoid the creation of two dead-end alley systems on each side of the vacated Light Street, your LAW OFFICES WILLIS, DAMICO & APGAR ROANOKE, VA. petitioner respectfully prays that, contemporaneous with the vacating of Light Street, a new alley of approximately ten (10) feet width be dedicated, thereby connecting the existing alleys, as more particularly shown on the attached plat. Personal notice of this application has been mailed by Certified Mail, Return Receipt Requested, to all appurtenant property owners. In further support of this Application, there is attached hereto proof of publication of the Public Notice required by law. Martin R. Willis WILLIS, DAMICO & APGAR 301 Signet Bank Building P.O. Box 1578 Roanoke VA 24007-1578 Respectfully, H.R. TURNER & SON, INC. JACK G. BESS February 8, 1988 Description of portions of Light Street, N. E. to be vacated by the City of Roanoke: Beginning at the point of intersection of the west side of Light Street and the north side of Edmund Avenue, N. E. thence with the west line of Light Street N 37° 51' 06" W 150.00 Ft. to a point on the south line of a 15 Ft. alley; thence with a new line crossing Light Street N. E. and forming the southerly line of a variable width alley S 89° 43' 09" E 26.55 Ft. to the point of intersection of the east line of Light Street and the south line of a 10 Ft. alley; thence with the east line of Light Street S 38° 11' E 117.00 Ft. to an angle point in Light Street; thence S 70° 06' E 19.63 Ft. to the north line of Edmund Avenue, N. E.; thence with said line S 52° 08' 54" W 32.04 Ft. to the place of beginning and containing 0.0712 Acre. Beginning at the intersection of the south line Avenue, N. E. and the west line of Light Street, with a new line crossing Light Street N 62° 12' to the northeast corner of Eastern Avenue and Light Street; thence with the east line of Light Street S 38° 11' E 167.16 to the north line of a 10 Ft. alley; thence with a new line crossing Light Street and being the north line of a variable width alley N 82° 04' 52" W 29.86 Ft. to a point at the intersection of the north line of a 15 Ft. alley and the west line of Light Street; thence with the west line of Light Street N 37© 51' 06" W 150.00 Ft. to the place of beginning and containing 0.074 Acre. of Eastern N. E.; thence 02" E 20.31 Ft. Ft. EVERY MAN IS A DEBTOR TO HIS PROFESSION / i0 / · , bO~t IO OCAT VINTON 5~1o -Area of Light Street to remain open as alley connector Shaded area~as requestod. for closure Map A FUEL TANI~ OV£R~TREET I>RO PF..RTy H.R.TURNER ~ W~Lr-H PROPERTY ~/~ P~OPERTY ,/ Ill lml _~ LIST OF ADJOINING PROPERT OWNERS AFFECTED H.R. Turner & Son - Petitioner 417 Riverland Road, S.W. Roanoke, Virginia 24013 Cit Tax ~el 3210601 II. Henry L. Welch, Sr. Shelby Jean Welch 1721 Williamson Road, N.E. Roanoke, Virginia 24012 3210313 3210329 III. Sandra Lee Overstreet 4136 Mud Lick Road, S.W. Roanoke, Virginia 24018 3210616 MAklIN R ~ILLIS ~ANK Oh VA P 0 ~x 1578 ~¥~T~ OF vIR~I~NIA ~FFiDAVIT OF PUbLICATiON TIMES-mORLu CORPORATION, mHiCH COR- PORATION IS PUdLtSHEK OF THC ROANOKE TIMES & ~GKLD-~E~&~ A DALLY NEHSPAPER PUBLISHED IN R~ANOKE~ iN THE STATE VIRGINIAt du C~NTIFY THAT THb ANN[XED Nu]lC~ ~AS PudLiSHED Ii~ SAID NE~SPAPbRS ON Thm FGLtO.ING DATtS OZ/26/Sd MORNING 03/0~/8d MORNtNb .iTN,-SS, THi~-'-~1TH DAY OF MARCH 198d OFFICER'S SICNATORF- V NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, March 14, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to per- manently abandon, vacate, discontinue and close the following public right-of-way: Two portions of Light Street lying between Eastern Avenue, N. E., and Edmund Avenue, N. E., more par- ticularly described as follows: Beginning at the point of intersection of the west side of Light Street and the north side of Edmund Avenue, N. E. thence with the west line of Light Street N. 37° 51' 06" W. 150.00 feet to a point on the south line of a 15-foot alley; thence with a new line crossing Light Street N. E., and forming the southerly line of a variable width alley S. 89° 43' 09" E. 26.55 feet to the point of intersection of the east line of Light Street and the south line of a 10-foot alley; thence with the east line of Light Street S. 38' 11' E. 117.00 feet to an angle point in Light Street; thence S. 70' 06' E. 19.63 feet to the north line of Edmund Avenue, N. E.; thence with said line S. 52° 08' 54" W. 32.04 feet to the place of beginning and containing 0.0712 acre. Beginning at the intersection of the south line of Eastern Avenue, N. E., and the west line of Light Street, N. E.; thence with a new line crossing Light Street N. 62° 12' 02" E. 20.31 feet to the northeast corner of Eastern Avenue and Light Street; thence with the east line of Light Street S. 38° 11' E. 167.16 feet to the north line of a 10-foot alley; thence with a new line crossing Light Street and being the north line of a variable width alley N. 82' 04' 52" W. 29.86 feet to a point at the intersection of the north line of a 15-foot alley and the west line of Light Street; thence with the west line of Light Street N. 37° 51' 06" W. 150.00 feet to the place of beginning and containing 0.074 acre. 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 24th day of February , 19 88 · Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, February 26, 1988, and once on Friday, March 4, 1988, in the Roanoke Times and World News, Morning Edition, Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr,' Martin R. Willis Attorney P. O. Box 1578 Roanoke, Virginia 24007-1578 Office cfi the City Clerk February 26, 1988 File #514 Mr. Martin R. Willis Attorney P. O. Box 1578 Roanoke, Virginia 24007-1578 Dear Mr. Willis: I am enclosing copy of a report of the City Planning Corr~nission recommending that the Council of the City of Roanoke grant the request of your client, H. R. Turner and Son, Inc., that portions of Light Street, N. E., between Eastern Avenue, N. E., and Edmund Avenue, N. E., bounded by Official Tax No. 3210329, 3210313, 3210616, and 3210601, be permanently vacated, discontinued and closed. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, March 14, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the closing, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. MFP: ra Sincerely, Mary F. Parker, CMC City Clerk Enco pc: Mr. & Mrs. ttenry L. Welch, Sr., 1721Williamson Road, N. E. Roanoke, Virginia 24012 ' Ms. Sandra L. Overstreet, 4136 Mud Lick Road, $o W. Roanoke, Virginia 24018 ' P, oc~456 Munld~alDuildlng 215(~urd~Av~ue, S.W, Roclnoke, Vlrg~nla2401,,I (708)981-2541 Mr. Martin R. Willis Page 2 February 26, 1988 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, Chairman, City Planning Corrgnission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent, City Planning Cor~nission Ms. Toby S. Brown, Secretary, City Planning Corrgnission Ms. Doris Layne, Office of Real Estate Valuation Office of the City Cler~ February 10, 1988 File #514 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Ordinance ~o. 2 , · ~5226, [ am enclosing copy of an amended application from Martin R. Willis, Attorney, representing H. R. Turner and Son, Inc., requesting that a portion of Light Street, S. E., lying between Eastern Avenue and Edmund Avenue, be permanently vacated, discontinued and closed. Sincerely, Mary Fo ParRer, CMC City Clerk MFP: r a Mr. Martin R. Willis, Attorney, P. O. Box 1578, Roanoke Virginia 24007-1578 ' Mr. John R. Marlles, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Co~nissiorl Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 Mun~ll:~alBullding 215C~urchAve~ue,$.W. Roanoke, Virginla24011 (703)981-2541 Office of the City C~et'k July 28, 1987 File #514 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Martin R. Willis, Attorney, representing H. R. Turner and Son, Inc., requesting that a portion of Light Street, S. E., lying between Eastern Avenue and Edmund Avenue, be permanently vacated, discontinued and closed. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enco CC: Mr. Martin R. Willis, Attorney, P. O. Box 1578, Roanoke, Virginia 24007-1578 Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. tiackworth, Assistant City Attorney Roorn 456 Municipal Building 215 C~urch A~ue, S.W. Roanc~e, Virginia 24011 (703) 981-2541 MARTIN R, WILLIS DAVID J. DAMICO JONATHAN M. APGAR LAW OFFICES WILLIS, DAMICO, & APGAR 301 BANK Of VIRGINIA BLDg. CITY P. O. Box 1578 ROANOKE, VIRGINIA 24007'1578"87 July 21, 1987 TELEPHONE 345-5224 343-0888 345-8323 345-3369 Ms. Mary F. Parker, Clerk City of Roanoke Municipal Building, Room 456 215 West Church Avenue Roanoke VA 24011 IN RE: Petition to Close Street Dear Ms. Parker: On behalf of H.R. Turner & Son, Inc., I am enclosing a Petition to close a one-block portion of Light Street, S.E. I am including the original and two copies of the Petition, with a plat and a list of affected property owners attached. I am also enclosing my check for $100.00 to cover the cost of this Petition. By copy of this letter to the adjoining property owners, I am sending a true and exact copy of this Petition, by certified mail, return receipt requested. Kindly advise me of the time and place for public hearings, and I will prepare the necessary advertisement for same. Thank you for your cooperation. ~frtin R. Willis MRW/mls ENCLOSURES CC: Sandra Lee Overstreet H. R. Turner & Son, Inc. CITY C! irf;!~ ?-~ ~F LAW OF, FIC ES WILLIS, DAMICO & APGAR APPLICATION FOR AND ALLEY CLOSING TO: COUNCIL OF THE CITY OF ROANOKE, VIRGINIA MEMBERS OF COUNCIL: Pursuant to Section 15.1-364 of the Code of Virginia, as amended, the undersigned hereby applies to Council permanently to close that portion of LIGHT STREET that lies between Eastern Avenue and Edmund Avenue. Light Street was created by the Jackson Park Subdivision plat and by the Lilly View Subdivision plat. However, that portion of Light Street which your Petitioner seeks to close exists only on the plats. It has never been open, and it would serve no useful purpose to develop and utilize same. To the contrary, the existence of this portion of Light Street on paper hinder the utilization and economic development of the appurtenant properties. Your Petitioner owns land on one side of that portion of LIGHT STREET to be closed. It is believed to be in the best interests of the City of Roanoke and all parties concerned that this portion of LIGHT STREET be officially closed and abandoned. LIST OF ADJOINING PROPERT OWNERS AFFECTED H.R. Turner & Son - Petitioner 417 Riverland Road, S.W. Roanoke, Virginia 24013 C±t~ Tax Parcel # 3210601 II. Henry L. Welch, Sr. Shelby Jean Welch 1721 Williamson Road, N.E. Roanoke, Virginia 24012 3210313 3210329 III. Sandra Lee Overstreet 4136 Mud Lick Road, S.W. Roanoke, Virginia 24018 3210616 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Request from H. R. Turner & Son, Inc., represented by) Martin R. Willis, attorney, that the portion of Light) Street, N.E. that lies between Eastern Avenue, N.E. ) AFFIDAVIT and Edmund Avenue, N.E., bounded by official tax map ) numbers 3210329, 3210313, 3210616 and 3210601, 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 City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 24th day of August, 1987, notices of a public hearing to be held on the 2nd day of September, 1987, 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 3210601 H.R. Turner & Son, Petitioner 417 Riverland Road, S.W. Roanoke, Virginia 24013 3210313 Henry L. Welch, Sr. 1721Williamson Rd., N.E. 3210329 Shelby Jean Welch Roanoke, Virginia 24012 3210616 Sandra Lee Overstreet 4136 Mud Lick Rd., S.W. Roanoke, Virginia 24018 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of August, 1987. My Commission Expires: Notary Public TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA c~TY PERTAI}IING TO THE STREET CLOSURE REQUEST OF: Request from H. R. Turner & Son, Inc., represented by) Martin R. Willis, attorney, that the portion of Light) Street, N.E. that lies between Eastern Avenue, N.E. ) AFFIDAVIT and Edmund Avenue, N.E., bounded by official tax map ) numbers 3210329, 3210313, 3210616 and 3210601, be ) permanently vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Toby S. Brown, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of 215.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commissiop of the City of Roanoke she has sent by first-class mail on the 23rd day of November, 1987, notices of a public hearing to be held on the 2nd dlay of December, 1987, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 3210601 3210313 3210616 OWNER, AGENT OR OCCUPANT H. R. Turner & Son, Petitioner Henry L. Welch, Sr. Shelby Jean Welch Sandra Lee Overstreet ADDRESS 417 Riverland Road, S.W. Roanoke, Virginia 24013 1721Williamson Rd., N.E. Roanoke, Virginia 24012 4136 Mud Lick Rd., S.~J. Roanoke, Virginia 24018 Brown SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of November, 1987. My Commission Expires: ~ ~ i~o. Notary Public Office of ~ne City Cle~ ~arch 30, 1988 File #51 ~r. Robert W. McCadden 22-121/2 Street, S. W. Roanoke, Virginia 24016 Dear Mr. McCadden: I am enclosing copy of Ordinance No. 29026, rezoning a tract of land containing 0.1 acre, more or less, located at 1630 Loudon Avenue, N. W., designated as Official Tax No. 2212001, from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, March 14, 1988, also adopted by the Council on second reading on Monday, March 28, 1988, and will take effect ten days following the date of its second reading. Sincerely, ~i~..~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. John McCadden, 1630 Loudon Avenue, N. W., Roanoke, Virginia 24017 Ms. Lucille E. Watkins and lis. Deva R. Battee, 1624 Loudon Avenue, N. W., Roanoke, Virginia 24017 Radio Communications Company, Inc., 1629 Centre Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. John Ferguson, Jr., 1629 Loudon Avenue, N. W., Roanoke, Virginia 24017 The Reverend & i4rs. Winston A. Leonard, 1701Loudon Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Joseph A. Keaton, 1544 Deborah Lane, Salem, Virginia .24153 Room456 MuniclpalBuilding 215 Church A've~ue, S.W. Roanoke, Vlrg~nia2a011 (703)98~1.2541 Mr. Robert W. McCadden Page 2 March 30, 1988 pc: Liberty Investment Corporation, c/o ~r. Wayne Ayersj 6893 Campbell Drive, Salem, Virginia 24153 Mr. & Mrs. Charlie Layne, Jr., 1625 Loudon Avenue, N. W., Roanoke, Virginia 24017 Ms. Della Gilliam, President, Loudon-Melrose Neighborhood Organization, 2011 Moorman Roadj N. W.j Roanoke, Virginia 24017 Dis 240 Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Admi Mr. Commission Ms. Doris Layne, Wayne G. Strickland, Executive Director, Fifth Planning trict Commission, P. O. Box 2569, Roanoke, Virginia 10 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Von W. Moody, III, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations William M. Hackworth, Assistant City Attorney Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning nistrator John R. Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, /he 28th day of March, 1988. No. 29026. AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 221, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District; 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 on said application by the City Council at its meeting on March 14, 1988, 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 rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, th~ City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 221 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 at 1630 Loudon Avenue, N. W., designated on Sheet No. 221 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Number No. 2212001 be, and is hereby rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, and that Sheet No. 221 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission March 14, 1988 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request from Robert W. McCadden to rezone approximately 0.1 acre of land located at 1630 Laudon Avenue and designated as Official Tax Number 2212001 from LM, Light Manufacturing to CN, Neighborhood Commercial, District. I. Back,round Purpose of rezoning request is to allow an existing, renovated commercial building to be operated as a grocery store and grill. Petitioner applied tO the Board of Zoning Appeals in January, 1988 for a variance from Section 36.1-594, Nonconforming Uses of Building and Structures, to allow the operation of a grocery store. The Board was advised by its attorney that since the grocery store had not been in existence for more than 2 years prior to May of 1987 when the new zoning regu- lations were adopted, prohibiting retail use in the LM dis- trict, the Board had no legal authority to grant the request. Consequently, the BZA referred the request to the Planning Commission with a recommendation that the property be rezoned CN, Neighborhood Commercial. Ce Subject property is not conti~uous to C-2 property and is less than two acres in size. Therefore, C-2 zoning can not be pursued. To be zoned CN, the area must have a minimum of 5,000 square, which the lot in question exceeds. Proposed use is consistent with those permitted in neighborhood commercial zone. Petitioner rehabilitated the structure and acquired certain building permits (heating and plumbing) in 1986 and in April, May and June of 1987 in order to meet building code requirements. No final inspection has been made. Petitioner became aware of the use and zoning problem when he applied for a Certificate of Occupancy. Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council March 14, 1988 Page 2 Plannin~ Commission public hearing was held on Feburary 3, 1988. Mr. John Ferguson of 1629 Loudon Avenue appeared before the Commission as a representative of the neighborhood resi- dents in support of the rezoning request. The store had served the neighborhood in the past and was desired by the residents. II. Issues Zonin~ is currently LM. Zoning to west and south is LM. Zoning across the street (north) and one block east is RM-2. Zoning pattern is typical of the industrial/residential mix that is found in the 1966 zoning map revisions. Zoning does not accurately reflect existing land use patterns. Bo Land use is a commercial building. Existing land uses in the area are a mixture of residential homes and commercial uses. Building has been operated as a neighborhood grocery store in the past. C. Utilities are not an issue. Parking is available on the street. A vacant lot next door could be utilized if necessary. Neighborhood grocery is the proposed use. Business of this type was the original use of the building. F. Comprehensive Plan recommends that: Neighborhood commercial services be encouraged in resi- dential areas where needed. me Appropriate reuse and rehabilitation of existing struc- tures be encouraged. Zoning changes be reviewed to resolve and minimize con- flict in existing residential/industrial/commercial areas where land use compatibility issues have developed over the years. 4. Significant industrial land should be protected. III. Alternatives A. Approve the zoning request. 1. Zoning becomes CN. Intent of the district to support and enhance existing neighborhood shopping area is met. Roanoke City Council March 14, 1988 Page 3 2o Land use as a grocery store is consistent with the intended and past use of the building. 3. Utilities are not affected. Parking on the street is sufficient for the intended use. CN does not require off-street parking for commercial business. 5e Comprehensive Plan would be followed. More study of the area, particularly with regard to resolving existing zoning and land use issues, would be undertaken as part of the Neighborhood Planning process. Subject property is not considered valuable industrial land due to its size and location. B. Deny the zoning request. 1. Zoning remains LM. Land use must be industrial. Existing building could not be used as a grocery store. 3. Utilities not affected. Parking affected. Industrial uses would require off- street parking. 5. Comprehensive Plan not followed. IV. Recommendation The Planning Commission recommended approval of the rezoning request by a vote of 5-0 (Messrs. Bradshaw and Price absent.) The existing building was originally intended for and has been used in the past as a neighborhood grocery store. The petitioner purchased the property with the intent of rehabilitating the structure for a neighborhood grocery store and acquired building permits to meet code requirements prior to the effective date of the zoning ordinance amendments of 1987 which limited LM zoned property to industrial uses. The existing zoning and land use issues which are exemplified in this rezoning request are typical of many of the city's neighbor- hoods that were zoned for business or industrial purposes, but have remained residential and have experienced spotted commercial development. CN zoning is the most appropriate alternative to allow a reasonable and desirable use of the subject property. Roanoke City Council March 14, 1988 Page 4 Further study of the zoning and land use patterns of this neighborhood will be undertaken as part of the Neighborhood Plan for the Melrose area. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission JRM/ESG/tsb Attachment cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator/Building Commissioner Petitioner Ms. Della Gilliam, President, Loudon-Melrose Neighborhood Organization PETITION TO REZONE IN THE CO~NCIL OF THE ClT~/ OF ROANOKE, VIRGINIA IN ~ '88 ,t," ~ezoa~n~ of ~ t~act of ~ ~ at 1630 Loudon Avenue. North ~est. ~ ~ ~ t~ ~ ~212001 frol ~ ~ ~ ~ ~. Net~hborh~ TO ~E HONORABLE MAYOR AND MEMBERS OF THE ~UNCIL OF T~ CI~ OF ROANOKE; The Petitioner, Robert ~. ~cCadden, o~ns land in the City of Roanoke containing 0.1 acres, ~ore or less, locat~ at [630 Loudon Avenue North ~est and designat~ as official tax numar 2212001 Said tract is currently zon~ L~, Light ~ufacturlng. A ~ap of the property to be zon~ is attach~ as Exhibit ~. Pursuant to Article VII if ~apter 36.1-690, C~e of the City of Roanoke (1979), as a~end~, the Petitioner r~uests that the said property be rezon~ fro~ L~, Light ~anufacturi~, District to CN, Neighborho~ Commercial, District for the purpose of operating a gr~e~y store and grill. The Petitioner believes the rezoning of the said trac~ of land ~111 further the intent and purposes of ~he City'~ Zoning Ordinance and its comprehensive plan, in that it ~ill aid in revitalizi~ the Nelghborho~. Attach~ as Exhibit ~ are the na~es, addresses and tax nut.rs of the o~ner or o~ners of all lots or property i~iately ad~aceat to or i~lately across a strut or road fro~ the prperty to be ~HEREFORE, the Prtitioner r~uests that tha above-described tract be rezon~ as request~ in accordance ~lth the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully su~itt~ this 13th day of January, 1988. By: Respectfully submitted, Robert W. McCadden 22 12~ Street, S. W. Roanoke, Va 24016 PARCEL 221-20-01 221-20-02 221-20-03 221-20-09 221-20-10 221-14-10 221-13-19 221-19-08 221-19-16 221-14-11 O.!i.~qER. AGENT OR OCCUPANT John McCadden John McCadden Lucille E. Watkins Radio Communications Co. Inc. John Jr. & Vernice Ferguson Rev. Winston A. & Ernestine Leonard Joseph A. & Mary W. Keaton Liberty Investment Corp. c/o Wayne Ayers Charlie Jr, & Helen C. Layne ADDRESS 1630 Loudon Ave., N.W. 1630 Loudon Ave., M. W 1618 Loudon Ave., N. W 1629 Center Ave., M. W 1629 Loudon Ave., N. W 1701 Loudon Ave., N. W 1544 Deborah Lane, Salem, Va. 24153 6893 Campbell Dr. Salem, Va. 24153 1625 Loudon Ave., N. W. LOCATION Nmi ROANOKE TIMES ~ mOKL¢-NE~S AL NUM~mR - 2ZG1668~ PUbLISHaR'S FEE - $03.8~ CIlY OF ROANOKE C/0 MARY F PARKER CITY CLERKS uFFICE ROOM ~50 MUNICIPAL bL~G ROANUKE VA 2~01~ CiTY STATE OF ViRgiNiA CiTY OF ROANOKE AFFIDAVIT OF PUBLICATION i9 {THE UNOmRbiGNEO) AN OFFICER OF TIMES-WORLD CORPURATION~ NHiCm COR- PORATION IS PUbLIbHbR OE [He ROANOKE Ti~ES & .ORLO-NE~S~ A DAILY NEWSPAPER PUBLISHED iN ROANUKE~ IN THc SfAT~ OF ViR~INIA~ ~O CERTIFY TdAT THE ANNEXED ~oTICc NAS PUBLISHED IN SAID NE~SPAPE~a ON TH~ FOLLO.ING OATHS 02/25/~8 MORNING 03/O~/d¢ MORNING NITN~SS~ TMIS ~TH DAY OF MARC~ Igd~ 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, March 14, 1988, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from LM, Light Manufacturing District, to CN, Neighborhood Commercial District, the following property: A tract of land at 1630 Loudon Avenue, designated as Official Tax No. 2212001 A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of February , 1988. Please publish in full twice, once on Friday, February 26, 1988, and once on Friday, March 4, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mary F. Parker, City Clerk Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 February 26, 1988 File #51 Mr. Robert W. McCadden 22-121/2 Street, S. W. Roanoke, Virginia 24016 Dear Mr. McCadden: I am enclosing copy of a report of the City Planning Corrgnission recorrgnending that the Council of the City of Roanoke grant your request that a tract of land containing 0.1 acre, more or less, located at 1630 Loudon Avenue, N. W., more specifically described as Official Tax No. 2212001, be rezoned from LM, Light Manufacturing District, to CN, Neighborhood Commercial District. Pursuant to ResoZution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a pubZic hearing on the abovedescribed request has been set for Monday, March 14, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, ~'~ City Clerk MFP: ra pc: Mr. John McCadden, 1630 Loudon Avenue, N. W., Roanoke, Virginia 24017 Ms. Lucille E. Watkins and Ms. Deva R. Battee, 1624 Loudon Avenue, N. W., Roanoke, Virginia 24017 Radio Communications Company, Inc., 1629 Center Avenue, N. W., Roanoke, Virginia 24017 Roc~n45~ MunicipalBuildlng 2~5CburchA~w~ue, S.W.l~c~:~e. Vlrglnla24011 (703)98t-254t Mr. Robert W. McCadden Page 2 February 26, 1988 pc: Mr. & Mrs. John Ferguson, Jr., 1629 Loudon Avenue, N. W., Roanoke, Virginia 24017 Rev. & Mrs. Winston A. Leonard, 1701Loudon Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Joseph A. Keaton, 1544 Deborah Lane, Salem, Virginia 24153 Liberty Investment Corporation, c/o Mr. Wayne Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Mr. & Mrs. Charlie Layne, Jr., 1625 Loudon Avenue, N. W., Roanoke, Virginia 24017 Ms. Della Gilliam, President, Loudon-Melrose Neighborhood Organization, 2011 Moorman Road, N. W. Roanoke, Virginia 24017 ' Mr. Wayne G. Strickland, Acting Executive Director, Fifth Pianning District Conraission, p. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Reai Estate Valuation Ms. Susan S. Goode, Chairman, City Pianning Corrgnission Mr. L. Eiwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Ciark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charies M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrato, Mr. John R. Marlles, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Or, ce of the City Cle~ Junuary 13, 1938 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36. l-690(e) of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of a petition from Robert W. McCadden, requesting that a tract of land lying at 1630 Loudon Avenue, ~. W., containing 0.1 acre, more or less, designated as OfficiaI Tax No. 2212001, be rezoned from LM, Light Manufacturing District, to CN, Commercial Neighborhood Dist:~ict. Sincerely, ~ .~ary F. Parker, CMC City Clerk MFP:ra Enc. Dc: Mr. Robert W. McCadden, 22 12~ Street, S. W., Roanoke, Virginia 24016 Mr. John R. Ma~lles, Agent, City Planning Corr, mission Ms. Toby A. Brown, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrato~ Mr. William M. Hackworth, Assistant City Attorney Room456 MunicipalBuilding 215(~urchAv~.nue. S.W. Roanc~e, Vkglnia24011 (703) 98t-2541 PETITION TO REZONE t~v IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: '8~ ,i' " ~" Rezonin~ of ~ tract of land lying a_!t 1630 Loudon Avenue, North West, designated as official tax number 2.212001 from bM, Light Manufacturing~ !O CN, Neighborhood Commerciai~ TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE; The Petitioner, Robert W. McCadden, owns land in the City of Roanoke containing 0.1 acres, more or less, located at 1630 koudon Avenue North West and designated as official tax number 2212001 Said tract is currently zoned LM, Light Manufacturing. A map of the property to be zoned is attached as Exhibit ~. Pursuant to Article Vll if Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from LM, Light Manufacturing, District to CN, Neighborhood Commercial, District for the purpose of operating a grocery store and grill. 'rhe 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 aid in revitalizing the Neighborhood. Attached as Exhibit ~ 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 ioad from the Prperty to be zoned. WHEREFORE, the Prtitioner requests that tha above-.described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 13th day of January, I988. By: Respectfully submitted, Robert W. McCadden 22 I2~ Street, S. W. Roanoke, Va 24016 2ZugOS k~ 2Z~907 ~ ~ZIZO0~ 2Z~Zoo3 Z2~O(~OZ ' ~ ZZ~O~S PARCEL 221-20-01 221-20-02 221-20-03 221-20-09 221-20-10 221-14-10 221-13-19 221-19-08 221-19-16 OWNER, AGENT OR OCCUPANT John McCadden John McCadden Lucille E. Watkins Radio Communications Co. Inc. John Jr. & Vernice Ferguson Rev. Winston A. & Ernestine Leonard Joseph A. & Mary W. Keaton Liberty Investment Corp. c/o Wayne Ayers Charlie Jr, & Helen C. Layne ADDRESS 1630 Loudon Ave., N.W. 1630 Loudon Ave., M. W. 1618 Loudon Ave., N. W. 1629 Center Ave., N. W. 1629 Loudon Ave., N. W. 1701 Loudon Ave., N. W. 1544 Deborah Lane, Salem, Va. 24153 6893 Campbell Dr. Salem, Va. 24153 1625 Loudon Ave., N. 221-14-11 W. TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: '88 0~N ~!~% ? { ]~ Request from Robert W. McCadden that a tract of land ) containing 0.1 acre, more or less, located at 1630, ) Loudon Avenue, N.W., more specifically described as )AFFIDAVIT Official Tax No. 2212001 be rezoned from LM, Light ) Manufacturing District to CN, Neighborhood Commercial) District. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Toby S. Brown, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 25th day of January, 1988, notices of a public hearing to be held on the 3rd day of February, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT John McCadden Robert W. McCadden Lucille E. Watkins Deva R. Battee Radio Communications Co. Inc. John Jr. & Vernice Ferguson Rev. Winston A. & Ernestine Leonard Joseph A. & Mary W. Keaton Liberty Investment Corp. c/o Wayne Ayers Charlie Jr., & Helen C. Layne ADDRESS 1630 Loudon Ave., N.W. Roanoke VA 24017 22 Twelve 1/2 Street, SW Roanoke VA 24016 1624 Loudon Ave., N.W. Roanoke VA 24017 1629 Center Ave., N.W. Roanoke VA 24017 1629 Loudon Ave., N.W. Roanoke VA 24017 1701Loudon Ave., N.W. Roanoke VA 24017 1544 Deborah Lane Salem, VA 24153 6893 Campbell Drive Salem, VA 24153 1625 Loudon Ave., N.W. Roanoke, VA 24017 Toby S. ~own SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of PARCEL 221-20-01 221-20-02 221-20-01 221-20-02 221-20-03 221-20-09 221-20-10 221-14-10 221-13-19 221-19-08 221-19-16 221-14-11 Roanoke, Virginia, this 25th day of January, 1988. Notary Public My Commission Expires: Office of ~e Ci~/Oerk ,~iarch 30, 1988 File #51 Mr. Daniel F. Layman, Jr. Attorney P. 0o Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of Ordinance No. 29027, rezoning two tracts of land located on the east side of Peters Creek Road, N. W., south of its intersection with Cove Road, identified as Official Tax Nos. 6370106 and 6370107, containing 5.526 and 11.340 acres, respectively, from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, March 14, 1988, also adopted by the Council on second reading on Monday, March 28, 1988, and will take effect ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra pc; CLS, Inc., 6917 Arlington Road, Suite 350, Bethesda, lfaryland 20814 Bishop Francis Zayek, 4730 Cove Road, N. W,, Roanoke, Virginia 24017 Home Lumber Corporation, P. 0. Box 4097, Roanoke, Virginia 24015 F~ Developers, c/o Fralin & Waldron, Inc., P. 0. Box 20069, Roanoke, Virginia 24018 V-K Properties, P. 0. Box 2442, Staunton, Virginia 24401 Mr. James If. Williams, P. 0. Box 2077, Ocala, Florida 32678 Room456 MuntcipalBulldlng 215 Church Avenue, S.W. Roanoke, VIrg~nla2401~l (703)98~1.254~1 Mr. Daniel F. Layman, Page 2 March 30, 1988 Jr. pc: Mr. & Mrs. Neil W. McLawhorn, 3724 Grandview Avenue. N. W., Roanoke, Virginia 24012 Mr. William M. Martin, 2328 Peters Creek Road, N. W., Roanoke, Virginia 24017 King's Arms Apartments, Ltd., 5204 Lancelot Lane. N. W., Roanoke, Virginia 24019 Trustees of Maple Camp #66, Woodmen of the World, 2306 Peters Creek Road, N. W., Roanoke, Virginia 24014 The Reverend Assad Awad, Pastor, Saint Elias Catholic Church, 4730 Cove Road, N. W., Roanoke, Virginia 24017 Mr. Alton B. Prillaman, 2803 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Administrator Mr. John R. Commission Ms. Doris Layne, W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Von W. Moody, III, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations William M. Hackworth, Assistant City Attorney Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of March, 1988. No. 29027. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on March 14, 1988, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~$36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as two tracts of land, one fronting on Peters Creek Road, containing 5.526 acres, more or less, and the other, lying behind the first, containing 11.340 acres, more or less, designated on Sheet No. 637 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6370106 and 6370107, respectively, be, and is hereby rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, subject to those con- ditions proffered by and set forth in the Amended Petition to Rezone, filed with the City Clerk on February 22, 1988, and that Sheet No. 637 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke Cily Planning Commission March 14, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Berglund Chevrolet, Inc., represented by Daniel F. Layman, Jr., Attorney, that two tracts of land located on the east side of Peters Creek Road, N.W., just south of its intersection with Cove Road, N.W., more specifically described as Official Tax Nos. 6370106 and 6370107, containing 5.526 and 11.340 acres respectively, be rezoned from RM-2, Residential Multi-family District to C-2, General Commercial District, subject of certain proffered conditions. I. Back,round me Original petition to rezone to C-2 was filed on January 13, 1988. Request as submitted was unconditional. Purpose of rezoning is to permit construction of two new auto- mobile dealerships with accompanying service facilities. A preliminary concept plan has been submitted and is attached for your review. Plannin~ Staff recommended approval of the rezoning request subject to the filing of an amended petition increasing the width of the natural buffer along the southerly property line, and placing limitations on future development on the rear of the property. De Plannin~ Commission public hearin~ was held on February 3, 1988. The Rev. Assad Awad, Pastor of Saint Elias Church (4730 Cove Road) appeared before the Commission to express his concern that the rezoning of the rear portion of the property to allow for the storage of automobiles and old cars to be repaired would depreciate the Church's property. He noted that the Church has spent over two million dollars to improve the property and were not through. Mr. Alton B. Prillaman, Attorney, appeared before the Commission representing Home Lumber Corporation and Fralin and Waldron. Mr. Prillaman stated his clients are not opposed to the rezoning of the front portion of the property to commercial. Room 355 Municipal Building 215 Church Avenue, S W~ Roonoke, V~rginia 24011 (703) 981-2344 Roanoke City Council March 14, 1988 Page 2 They do oppose, however, the unconditional rezoning of the rear portion of the property to C-2 due to its impact on the church and the adjacent residential area. Amended petition to rezone was filed on February 22, 1988. Proffers are as follows: The subject property will be used only for the sale (including leasing), repair and maintenance of new and used motor vehicles. The rear portion of the property should be used only as a parking/storage are for new and used motor vehicles (but not wrecked or junk vehicles). The rear portion of the property shall not be developed at all until a plan of development (site plan) for the area has been reviewed and approved by the Planning Commission. A buffer area complying with the City's requirements as to existing or planted vegetation and having a minimum width of thirty (30) feet will be retained or established and maintained along those portions of the south property line that are adjacent to property zoned for residential use, except that said minimum buffer width along the eastern most 650 feet of the south property line shall be thirty-five (35) feet. A buffer area complying with the City's requirements as to existing or planted vegetation and having a minimum width of thirty-five (35) feet will be retained or established and maintained along the east property line and the eastern most 45 feet of the north property line. Any body shop constructed by petitioner on the subject property under special exception granted by the Board of Zoning Appeals will be located on the north side of the property, adjacent to the existing City Line Shopping Center, and not adjacent to residential areas to the south. The petitioner acknowledges that it has agreed to enter into a written agreement with the City of Roanoke provid- ing that the petitioner will at petitioner's expense construct; (a) a 200-foot deceleration lane with 200-foot taper in the Peters Creek Road right-of- way immediately south of the entrance drive to be constructed by peti- tioner; (b) an acceleration lane in the Peters Creek Road right-of-way immediately north of said entrance drive Roanoke City Council March 14, 1988 Page 3 connecting and combining with the existing City Line Shopping Center deceleration lane; and (¢) if no median cut is permitted in Peters Creek Road opposite the petitioner's planned entrance drive for the subject property, a 200-foot storage land with 200-foot taper for southbound traffic in the present median strip of Peters Creek Road extending in a northerly direction from the existing median cut near the south boundary line of the subject property. The petitioner also acknowledges that he has agreed, when final detailed topographic and other engineering information becomes available, to cooperate with the City in exploring the feasibility of retaining some portion of the existing (i.e., pre-development) storm water runoff from the subject property in the area adjacent to Peters Creek Road north of the proposed entrance drive for the property, provided such retention can be accomplished without detriment to petitioner's planned con~nercial development. II. Issues Zonin~ is presently RM-2. Zoning across and along Peters Creek Road is a mixture of RS-3 and C-2. In the past several years, conditional rezonings have been approved for the City Line Shopping Center at Cove and Peters Creek Roads and for properties on Woodbridge Avenue on both sides of Peters Creek Road (office use and car dealership). Zoning to the east and west at the rear of the property is RS-3. Use of property is presently vacant. An undeveloped resi- dential subdivision is located to the south and east. Property to the north is a shopping center. Other land uses on Peters Creek Road are a mixture of office and retail. Utilities are available. Storm water management is a signifi- cant issue in the Peters Creek watershed. Transportation access would be served by Peters Creek Road. A median cut is present near Woodbridge Avenue. City Line Shopping Center has received permission for a median cut across from their entrance on Peters Creek Road. Petitioner is aware that any future request for a median cut across from the primary entrance shown on the concept plan would not be approved. The City's Engineering Department has indicated a need for a storage bay at the existing median cut (200-foot lane plus 200-foot taper) to accommodate southbound traffic. Approximately 1,442 vehicles per day would be generated by the proposed use. Peters Creek Road and the proposed storage bay can accommodate the projected increase. Roanoke City Council March 14, 1988 Page 4 Neighborhood is a mixture of residential and commercial development. A major portion of the residential subdivision south of the property is undeveloped. Unrestricted commercial development on the rear portion of the subject property could deter residential development in this area. F. Comprehensive Plan recommends that: Development of new commercial areas should be carefully planned and designed to promote quality development and good land use. Neighborhoods be protected from encroachment of incom- patible uses through appropriate land use decisions and design and buffering requirements. III. Alternatives A. City Council approve the rezoning request: Zonin8 becomes C-2, consistent with other zoning patterns along Peters Creek Road. Land use would be consistent with existing commercial uses in general area. Conditions address need for addi- tional buffering of adjacent undeveloped residential areas and limitations on future uses of rear portion of property. Utilities can be addressed in greater detail at the site plan review stage. Transportation and access could be accommodated. The petitioner has indicated his willingness to provide the needed storage bay recommended by the City's Engineering Department. Neighborhood would be protected by increasing the width of the additional buffer along southerly property line and use restrictions on rear of property. 6. Comprehensive plan would be followed. B. City Council deny the rezoning request. 1. Zonin~ remains RM-2. 2. Use would be limited to residential. 3. Utilities still an issue for future development. Roanoke City Council March 14, 1988 Page 5 4. Transportation not an issue. Neighborhood not affected by commercial use of adjacent property. 6. .Comprehensive plan could still be followed. V. Recommendation The Planning Conunission recommended approval of the rezoning request by a vote of 5-0 (Mr. Bradshaw and Mr. Price absent). Before the rear portion (eastern most seven acres) of the property can ever be used and developed, the applicant will have to submit a site plan for the Planning Commission's review and approval. JRM/tsb Attachment CC: Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission Assistant City Attorney Director of Public Works City Engineer Zoning Administrator/Building Commissioner Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning of two tracts of land lying on the east side of Peters Creek SECOND AMENDED Road, just south of its inter- PETITION FOR section with Cove Road, from RM-2, REZONING Residential Multifamily, to C-2, General Commercial District TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, BERGLUND CHEVROLET, INC., has con- tracted to purchase two tracts of land located in the City of Roanoke, Virginia, on the east side of Peters Creek Road, N.W., just south of its intersection with Cove Road, N.W. One tract, fronting on Peters Creek Road, bears Official Tax No. 6370106 and contains 5.526 acres, more or less. The other, lying behind the first, bears Official Tax No. 6370107 and contains 11.340 acres, more or less. Both tracts are currently zoned RM-2, Residential Multifamily, Medium Density District. A copy of Roanoke City Appraisal Map Sheet No. 637 showing the proper- ty to be rezoned is attached to this petition as Exhibit A. (2) Pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke (Supp. 1987), the petitioner requests that said property be rezoned from RM-2, Residential Multifami- ly, Medium Density District, to C-2, General Commercial Dis- trict, to permit construction by petitioner of two (2) new motor vehicle dealerships with accompanying service facilities. (3) The petitioner believes that said property is better suited for commercial than residential use. The properties to its immediate north and south along Peters Creek Road, as well as those across Peters Creek Road, are zoned commercial, and most of these tracts now in fact support commercial uses. This portion of Peters Creek Road is in general developing into a commercial corridor, with which the proposed use will be consistent. Activity on this property can be effectively screened from the undeveloped residential area to the southeast by its elevation, by existing and added vegetation, and by a carefully designed lighting system. (4) The petitioner hereby proffers and agrees that if said property is rezoned as requested, the rezoning will be subject to the following conditions by which the petitioner agrees to abide: (a) The subject property will be used only for the sale (including leasing), repair and maintenance of new and used motor vehicles. (b) The following restrictions apply to that portion of the subject property lying east of a line running through the property in a north-south direction parallel to and seven hundred ninety (790) feet east of the east right-of-way line of Peters Creek Road: (i) Said area shall be used only as a park- lng/storage area for new and used motor vehicles (but not wrecked or junk vehicles). -2- (ii) Said area will not be developed at all until the plan of development (site plan) for the area has been reviewed and approved by the Planning Commission of the City of Roanoke. (c) A buffer area complyinq with the City's requirements as to existing or planted veqetation and having a minimum width of thirty (30) feet will be retained or established and main- tained along those portions of the south property line that are adjacent to property Zoned for residential use, except that said minimum buffer width along the easternmost 650 feet of the south property line shall be thirty-five (35) feet. (d) A buffer area complying with the City's requirements as to existing or planted vegetation and having a minimum width of thirty-five (35) feet will be retained or established and maintained along the east property line and the easternmost 450 feet of the north property line. (e) Any body shop constructed by petitioner on the subject property under special exception granted by the Board of Zoning Appeals will be located on the north side of the property, adjacent to the existing City Line Shopping Center, and not adjacent to residential areas to the south. (5) The petitioner acknowledges that it has agreed to enter into a written agreement with the City of Roanoke provid- ing that the petitioner will at petitioner,s expense construct (a) a 200-foot deceleration lane with 200-foot taper in the Peters Creek Road right of way ilediately south of the en- trance drive to be constructed by petitioner; (b} an -3- acceleration lane in the Peters Creek Road right of way immedi- ately north of said entrance drive connecting and combining with the existing City Line Shopping Center deceleration lane; and (c) if no median cut is permitted in Peters Creek Road opposite the petitioner's planned entrance drive for the subject property, a 200-foot storage lane with 200-foot taper for southbound traffic in the present median strip of Peters Creek Road extending in a northerly direction from the existing median cut near the south boundary line of the subject proper- ty. (6) The petitioner also acknowledges that it has agreed, when final detailed topographic and other engineering informa- tion becomes available, to cooperate with the City in exploring the feasibility of retaining some portion of the existing (i.e., pre-development) storm water runoff from the subject property in the area adjacent to Peters Creek Road north of the proposed entrance drive for the property, provided such re- tention can be accomplished without detriment to petitioner's planned commercial development. (7) The current owner of the property to be rezoned, from which the petitioner has contracted to purchase, is Mar-Ben Limited Partnership, 7121 Park Reights Avenue, Baltimore, Maryland 21215. Attached to this petition as Exhibit B are the names and addresses of the owners of all property immedi- ately adjacent to or across Peters Creek Road from the property to be rezoned. -4- Accordingly, the petitioner requests that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Daniel F. Layman~r. v Woods, Rogers & Hazlegrove 105 Franklin Road, S.W. P. O. Box 720 Roanoke, VA 24004 Respectfully submitted, BERGLUN~ CHEVROLET, INC. Counsel for Berglund Chevrolet, Inc. -5- .% ¢ Tax Map Number 6370102 6370111 6370113 6370615 6370614 6370612 6370611 6370610 6370609 6370608 ~XHIBIT B Roanoke City pwner CLS, Inc. 6917 Arlington Road, Bethesda, MD 20814 Suite Bishop Francis Zayek Diocese of St. Marion 4730 Cove Road, N.W. Roanoke, VA-24017 Bishop Francis Zayek Diocese of St. Marion 4730 Cove Road, N.W. Roanoke, VA 24017 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 FFW Developers c/o Fralin & Waldron, Inc. P. O. Box 20069 Roanoke, VA 24018 FFWDevelopers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 Inc. 350 6370607 6370606 6370605 6370604 6370603 6370602 6370601 6370202 6370201 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 Inc. FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 InC. FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 FFW Developers c/o Fralin & Waldron, Inc. P. O. Box 20069 Roanoke, VA 24018 FFW Developers c/o Fralin & Waldron, Inc. P. O. Box 20069 Roanoke, VA 24018 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 FFW Developers c/o Fralin & Waldron, Inc. P. O. Box 20069 Roanoke, VA 24018 ~cross Peters Creek 6160627 6160628 6160636 6160637 6160631 6160633 V-K Properties P. O. Box 2442 Staunton, VA 24401 James H. Williams P. O. Box 2077 Ocala, FL 32678 Neil W. and Betty J. McLawhorn 3724 Grandview Avenue, N.W. Roanoke, VA 24012 William M. Martin 2328 Peters Creek Road, N.W. Roanoke, VA 24017 King's Arms Apts., Ltd. 5204 Lancelot Lane, N.W. Roanoke, VA 24019 Trustees of Maple Camp #66 Woodmen of the World 2306 Peters Creek Road, N.W. Roanoke, VA 24017 : J LOCATION ~..¥ ~'~11E~1' {u#OEVEL'OPIrDI ,gf ~ 1/2' ? ROANOI',i:: I'iMES g ~dkLD-NEnS PUBLISHER'S FEE - DANieL F LAYMAN ~<CANUKE VA 2~UO~ CiTY OF ~OAN~AE AFFIuAVtT dF PUBLICATION I'LMES-WONLD CORPOKATION~ WHICH COR- PUKATION TS PUDLISHER OF THE R~ANOK: PU~LI~HE~ iN ROANOKE~ IN TM: $IAIE UF VIRGiNIA~ D~ C:RTIFY THAT lmm ANNEX~ NOTICE ~AS PU~LISHE~ iN SAI0 NEWSPAPERS ON Tmc FOLLu~iN~ ~ATES O3/O~/dd MORNING DAY OF ~,~,CH ~Lgda 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, March 14, 1988, 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-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, the following property: Two tracts of land, one Road, bearing Official Tax No. 5.526 acres, more or less, and fronting on Peters Creek 6370106 and containing the other, lying behind the first, bearing Official Tax No. 6370107, and con- taining 11.340 acres, more or less. 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 24th day of February ,1988 Please publish in full twice, once on Friday, February 26, 1988,-and once on Friday, March 4, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mary F. Parker, City Clerk Please bill to: Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Office of the City C]enk February 26, 1988 File #51 Mr. Daniel F. Layman, Jr. Attorney P. 0. Box 720 Roanoke, Virginia 24004 Dear Mr. 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, BergZund Chevrolet, Inc., that two tracts of land located on the east side of Peters Creek Road, N. W., just south of its intersection with Cove Road, N. W., identified as Official Tax Nos. 6370106 and 6370107, containing 5.526 and 11.340 acres respectively, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, March 14, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am aZso enclosing copy public hearing and an Ordinance providing for were prepared by the City Attorney's Office. Ordinance and if you have any William M. Hackworth, Assistant of a notice of the the rezoning, which PZease review the questions, you may contact Mr. City Attorney, at 981-2431. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eno o pc: CLS, Inc., 6917 Arlington Road, Suite 350, Bethesda, 20814 Bishop Francis Zayek, 4730 Cove Road, No W., Virginia 24017 Maryland Roanoke, Room456 MunJclpalBuilding 215(~'~'c~A¥~'~ue, S.W. Roclnc~e. Vlrglnla2401,,I (703)981-2541 Mr. Daniel F. Layman, Page 2 February 26, 1988 Jr. pc: Home Lumber Corporation P. O. Box 4097, Roanoke Virginia 24015 ' , FFW Developers, c/o Fralin & Waldron, Inc., p. O. Box 20069 Roanoke, Virginia 24018 , V-K Properties, p. 0. Box 2442, Staunton, Virginia 24401 Mr. James H. WilZiams, p. 0. Box 2077, Ocala, Florida 32678 Mr. & Mrs. Nell W. McLawhorn, 3724 Grandview Avenue, N. W. Roanoke, Virginia 24012 Mr. William M. Martin, 2328 Peters Creek Road, N. W. Roanoke, Virginia 24017 King's Arms Apartments, Ltd., 5204 LanceZot Lane, N. W. Roanoke, Virginia 24019 , Trustees of Maple Camp #66, Woodmen of the World, 2306 Peters Creek Road, N. W., Roanoke, Virginia 24014 The Reverend Assad Awed, Pastor, Saint Elias Church, 4730 Cove Road, N. W., Roanoke, Virginia 24017 Mr. Alton B. PrilIaman, 2803 Stephenson Avenue, S. W. Roanoke, Virginia 24014 , Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, p. 0. Box 2569, Roanoke, Virginia 24010 Mr, Ms, Mr Mr Mr Mr Mr Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Von W. Moody, III, Director of Real Estate Valuation Susan S. Goode, Chairman, City Planning Congnission L. Elwood Norris, Chairman, Board of Zoning Appeais William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations William M. Hackworth, Assistant City Attorney Charles M. Huffine, City Engineer Ronald H. Mi~Ier, Building Commissioner and Zoning Office of the Qty Oe~ February 22, 1988 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: 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 Daniel F. Layman, Jr., Attorney, repre- senting Berglund Chevrolet, Inc., requesting that a tract of land lying on the east side of Peters Creek Road, just south of its intersection with Cove Road, identified as Official Tax Nos. 6370106 and 6370107, respectively, be rezoned from t~"~-2, Residential Multi-FamiZy District, to C-2, General Commercial District, subject to certain proffered conditions by the peti- tioner. Sincerely, ~~ Mary F. Parker, C~C City Clerk MFP:ra EnCo Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 Mr. John R. ~arlles, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Munici¢)al Building 215 Church Av~"~ue, S,W. Roanc:~e, Virginia 240t I (703) 98t-2541 ~OODS, ~OGERS & HAZLEGROVE 105 FRANKLIN I{0AD, S.W. P. 0, BOX 720 ROANOIfE, VIRGINIA ~'~004-0720 982-4253 February 18, 1988 HAND DELIVERED Mr. John F. Marlles City Planning Department 215 Church Avenue, S.W. Roanoke, VA 24011 Roanoke Offic~ of Community P~anninB & Economic Development In re: Berglund Chevrolet, Inc. -- Peters Creek Road Rezonin~ Dear John: Enclosed is the second amended rezoning petition of Berglund Chevrolet, Inc. for property on Peters Creek Road, reflecting our agreements with the Planning Commission on February 3, 1988. We have attached all exhibits to this petition so that it is a complete package. I very much appreciate your suggestion at the Planning Commission meeting concerning further site plan review on the rear portion of the property, as that seemed to give the Commission the little something extra it needed to go forward with the rezoning. By copy of this letter, I am sending Bill Hackworth a copy of the second amended petition so that he may review it from a legal standpoint. We are likewise transmitting copies to A1 Prillaman and The Rev. Awad, who were our opponents at the hearing. Yours truly, DFLJr:gfw Enclosure cc: WOODS, ROGERS & HAZLEGROVE Dan~L~ay~ Mr. William M. Hackworth (w/encl.) Mr. Alton B. Prillaman (w/encl.) The Rev. Assad Awad (w/encl.) c/o Saint Elias Catholic Church 4730 Cove Road, N.W. Roanoke, VA 24017 Of~:e o~ fne O~y O~ February 3, 1968 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of an amended petition from Daniel F. Layman, Jr., Attorney, representing Bergtund Chevrolet, Inc., requesting that a tract of land lying on the east side of Peters Creek Road, just south of its inter- section with Cove Road, identified as Official Tax Nos. 6370106 and 6370107, respectively, be rezoned from RM-2, Residential Multi-Family District, to C-2, General Corr~nercial District, sub- ject to certain proffered conditions by the ~etitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Aox 720, Roanoke, Virginia 24004 Mr. John ~. Martles, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackwort~, Assistant City Attorney Room456 MunicipolBullding 2150',u~ohAv~oue, S.W. Roonc~e, Virg~nla24011 (703)981-2541 982-4253 February 2, 1988 HAND DELIVERED Mr. John F. Marlles City Planning Department 215 Church Avenue, S.W. Roanoke, VA 24011 In re: Berglund Chevrolet, Rezonin9 1988 Roanoke Office of Community Planning & Economic Development Inc. -- Peters Creek Road Dear John: Enclosed is the amended petition for rezoning of Berglund Chevrolet, Inc. for the two tracts on Peters Creek Road bearing Official Tax Number 6370106 and 6370107. We have added conditions providing for a minimum 30-foot buffer along the south boundary line adjacent to the buildings and a 35-foot buffer all around the rear portion of the proper- ty. We have also provided a condition stating that any body shop will be constructed on the north side of the property, adjacent to the shopping center. We have not at this time proffered any condition concern- ing the rear seven acres of the property, due to the varying signals we have received from you and from adjoining property owners as to what will ultimately be required. We will be prepared to discuss this issue at tomorrow's public hearing and, when we have finally determined the extent to which the Planning Commission will want to restrict use of that part of the property, to make a decision as to whether the restriction is an acceptable price to pay for the rezoning. We have sought to handle the highway improvements and storm water questions by acknowledging in the petition our agreements on those matters. We have intentionally made the statement concerning storm water storage very general in nature because we simply do not have adequate engineering information at this time to make any more specific commitment. Moving the Page 2 February 2, 1988 body shop to the north side of the property will decrease the size of the storm water detention pond on the south side of the entrance drive and may require that some storage of the in- creased runoff be handled on the north side of the drive. That would then affect the amount of additional water that we might be able to handle in that area. In addition, using that side of the drive for storage would result at some times in water running over the entrance drive and causing damage to that. Berglund is of course reluctant to put itself in a position for that to occur. We will, however, honor our commitment to explore that situation thoroughly and attempt to cooperate with the City's desire for assistance on its existing storm water problem in this area. As to the rear portion of the property, I understand that both Home Lumber and the Catholic Church will oppose rezoning of this area. That position, as well as that of your staff and some members of the Planning Commission as you have indicated it to me, puts Berglund in the position of having to pay for 17 acres but being able to use only 10. That is simply a finan- cial decision that Berglund will have to make, and our decision not to make a proffer prior to the Commission meeting does not indicate any unwillingness to cooperate with what we recognize to be legitimate concerns of all involved. Rather, we simply need to ascertain the City's bottom-line position before making that decision. Thanks very much for your cooperation so far. Yours truly, WOODS, ROGERS & HAZLEGROVE Daniel F. Jr. DFLJr:gfw Enclosure cc: Mr. Bruce M. Farrell (w/encl.) VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of a tract of land lying on the east side of Peters Creek Road, just south of its inter- section with Cove Road, from RM-2, Residential Multifamily, to C-2, General Commercial District AMENDED PETITION FOR REZONING TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, BERGLUND CHEVROLET, INC., has con- tracted to purchase two tracts of land located in the City of Roanoke, Virginia, on the east side of Peters Creek Road, N.W., just south of its intersection with Cove Road, N.W. One tract, fronting on Peters Creek Road, bears Official Tax No. 6370106 and contains 5.526 acres, more or less. The other, lying behind the first, bears Official Tax No. 6370107 and contains 11.340 acres, more or less. Both tracts are currently zoned RM-2, Residential Multifamily, Medium Density District. A copy of Roanoke City Appraisal Map Sheet No. 637 showing the proper- ty to be rezoned is attached to this petition as Exhibit A. (2) Pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke (Supp. 1987), the petitioner requests that said property be rezoned from RM-2, Residential Multifami- ly, Medium Density District, to C-2, General Commercial Dis- trict, to permit construction by petitioner of two (2) new motor vehicle dealerships with accompanying service facilities. (3) The petitioner believes that said property is better suited for commercial than residential use. The properties to its immediate north and south along Peters Creek Road, as well as those across Peters Creek Road, are zoned commercial, and most of these tracts now in fact support commercial uses. This portion of Peters Creek Road is in general developing into a commercial corridor, with which the proposed use will be consistent. Activity on this property can be effectively screened from the undeveloped residential area to the southeast by its elevation, by existing and added vegetation, and by a carefully designed lighting system. (4) The petitioner hereby proffers and agrees that if said property is rezoned as requested, the rezoning will be subject to the following conditions by which the petitioner agrees to abide: (a) A buffer area complying with the City's requirements as to existing or planted vegetation and having a minimum width of thirty (30) feet will be retained or established and maintained along those portions of the south property line that are adjacent to property zoned for residential use, except that said minimum buffer width along the easternmost 650 feet of the south property line shall be thirty-five (35) feet. (b) A buffer area complying with the City's requirements as to existing or planted vegetation and having a minimum width of thirty-five (35) feet will be retained or established and maintained along the east property line and the easternmost 450 feet of the north property line. -2- (c) Any body shop constructed by petitioner on the subject property under special exception granted by the Board of Zoning Appeals will be located on the north side of the property, adjacent to the existing City Line Shopping Center, and not adjacent to residential areas to the south. (5) The petitioner acknowledges that it has agreed to enter into a written agreement with the City of Roanoke provid- ing that the petitioner will at petitioner's expense construct (a) a 200-foot deceleration lane with 200-foot taper in the Peters Creek Road right of way immediately south of the en- trance drive to be constructed by petitioner; (b) an accel- eration lane in the Peters Creek Road right of way immediately north of said entrance drive connecting and combining with the existing City Line Shopping Center deceleration lane; and (c) if no median cut is permitted in Peters Creek Road opposite the petitioner's planned entrance drive for the subject property, a 200-foot storage lane with 200-foot taper for southbound traffic in the present median strip of Peters Creek Road extending in a northerly direction from the existing median cut just south of the south boundary of the subject property. (6) The petitioner also acknowledges that it has agreed, when final detailed topographic and other engineering informa- tion becomes available, to cooperate with the City in exploring the feasibility of retaining some portion of the existing (i.e., pre-development) storm water runoff from the subject property in the area adjacent to Peters Creek Road north of the -3- proposed entrance drive for the property, provided such re- tention can be accomplished without detriment to petitioner's planned commercial development. (7) The current owner of the property to be rezoned, from which the petitioner has contracted to purchase, is Mar-Ben Limited Partnership, 7121 Park Heights Avenue, Baltimore, Maryland 21215. Attached to this petition as Exhibit B are the names and addresses of the owners of all property immedi- ately adjacent to or across Peters Creek Road from the property to be rezoned. Accordingly, the petitioner requests that the above-described tracts be rezoned as requested in accordance with the provisions Roanoke. Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove 105 Franklin Road, S.W. P. O. Box 720 Roanoke, VA 24004 of the Zoning Ordinance of the City of Respectfully submitted BERGLUND CHEVROLET, INC Of Counsel ~3 Counsel for Berglund Chevrolet, Inc. -4- January 14, 1988 File #$1 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Daniel F. Layman, Jr., Attorney, representing Berglund Chevrolet, Inc., requesting that a tract of land lying on the east side of Peters Creek Road, just south of its intersection with Cove Road, identified as Official Tax Nos. 6370106 and 6370107, respectively, be rezoned from RM-2, Residential Multi-Family District, to C-2, General Commey'cial District. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Daniel F. Layman, Jr., Attorney, p. O. Box 720, Roanoke, Virginia 24004 Mr. John R. Marttes, Agent, City Planning Corr~nission Ms. Toby A. Brown, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Munk:il:x~l Building 215 ~urch Avenue, S.W. Roonc~e, ¥1rglnla 24011 (703) 981-254"1 VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of a tract of land lying on the east side of Peters Creek PETITION FOR Road, just south of its inter- REZONING section with Cove Road, from RM-2, Residential Multifamily, to C-2, General Commercial District TO: The Honorable Mayor and Members of the Council of the City of Roanoke (1) The petitioner, BERGLUND CHEVROLET, INC., has con- tracted to purchase two tracts of land located in the City of Roanoke, Virginia, on the east side of Peters Creek Road, N.W., just south of its intersection with Cove Road, N.W. One tract, fronting on Peters Creek Road, bears Official Tax No. 6370106 and contains 5.526 acres, more or less. The other, lying behind the first, bears Official Tax No. 6370107 and contains 11.340 acres, more or less. Both tracts are currently zoned RM-2, Residential Multifamily, Medium Density District. A copy of Roanoke City Appraisal Map Sheet No. 637 showing the property to be rezoned is attached to this petition as Exhibit A. (2) Pursuant to Article VII of Chapter 36.1 of the Code of the City of Roanoke (Supp. 1987), the petitioner requests that said property be rezoned from RM-2, Residential Multifami- ly, Medium Density District, to C-2, General Commercial Dis- trict, to permit construction by petitioner of two (2) new automobile dealerships with accompanying service facilities. (3) The petitioner believes that said property is better suited for commercial than residential use. The properties to its immediate north and south along Peters Creek Road, as well as those across Peters Creek Road, are zoned commercial, and most of these tracts now in fact support commercial uses. This portion of Peters Creek Road is in general developing into a commercial corridor, with which the proposed use will be consistent. Activity on this property can be effectively screened from the undeveloped residential area to the southeast by its elevation, by existing and added vegetation, and by a carefully designed lighting system. (4) The concept plan filed with this petition reflects the probable location and design of improvements, including the proposed buffer areas and the storm water detention area. (5) The current owner of the property to be rezoned, from which the petitioner has contracted to purchase, is Mar-Ben Limited Partnership, 7121 Park Heights Avenue, Baltimore, Maryland 21215. Attached to this petition as Exhibit B are the names and addresses of the owners of all property immedi- ately adjacent to or across Peters Creek Road from the property to be rezoned. Accordingly, the petitioner requests that the above-described tracts be rezoned as requested in accordance -2- with the provisions of the Zoning Ordinance of the City of Roanoke. Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove 105 Franklin Road, S.W. P. O. Box 720 Roanoke, VA 24004 Respectfully submitted, BERGL~ND CHEVROLET. INC. Of Counsel C/ Counsel for Berglund Chevrolet, Inc. -3- EXHIBIT B Roanoke City Tax Map Number 6370102 6370111 6370113 6370615 6370614 6370612 6370611 6370610 6370609 6370608 Owner CLS, Inc. 6917 Arlington Road, Suite 350 Bethesda, MD 20814 Bishop Francis Zayek Diocese of St. Marion 4730 Cove Road, N.W. Roanoke, VA 24017 Bishop Francis Zayek Diocese of St. Marion 4730 Cove Road, N.W. Roanoke, VA 24017 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 Home Lumber Corporation P. 0. Box 4097 Roanoke, VA 24015 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 IRC. FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 Inc. 6370607 FFW Developers c/o Fralin & Waldron P. O. Box 20069 Roanoke, VA 24018 Inc. 6370606 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 6370605 FFW Developers c/o Fralin & Waldron P. O. Box 20069 Roanoke, VA 24018 6370604 FFW Developers c/o Fralin & Waldron, Inc. P. O. Box 20069 Roanoke VA 24018 6370603 FFW Developers c/o Fralin & Waldron, Inc. P. O. Box 20069 Roanoke VA 24018 6370602 FFW Developers c/o Fralin & Waldron P. O. Box 20069 Roanoke VA 24018 Inc. 6370601 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke, VA 24018 Inc. 6370202 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke VA 24018 Inc. 6370201 FFW Developers c/o Fralin & Waldron, P. O. Box 20069 Roanoke VA 24018 Inc. Across Peters Creek 6160627 6160628 6160636 6160637 6160631 6160633 V-K Properties P. O. Box 2442 Staunton, VA 24401 James H. Williams P. O. Box 2077 Ocala, FL 32678 Neil W. and Betty J. McLawhorn 3724 Grandview Avenue, N.W. Roanoke, VA 24012 William M. Martin 2328 Peters Creek Road, N.W. Roanoke, VA 24017 King's Arms Apts., Ltd. 5204 Lancelot Lane, N.W. Roanoke, VA 24019 Trustees of Maple Camp ~66 Woodmen of the World 2306 Peters Creek Road, N.W. Roanoke, VA 24017 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Berglund Chevrolet, Inc., that two tracts ) of land located on the east side of Peters Creek Road, ) N.W., just south of its intersection with Cove Road, )AFFIDAVIT N.W., more specifically described as Official Tax Nos. ) 6370106 and 6370107, containing 5.526 and 11.340 acres ) respectively, be rezoned from RM-2, Residential Multi- ) family District to C-2, General Commercial District. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Toby S. Brown, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 25th day of January, 1988, notices of a public hearing to be held on the 3rd day of February, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 6370102 CLS, Inc. OWNER, AGENT OR OCCUPANT ADDRESS 6917 Arlington Road Suite 350 Bethesda, MD 20814 6370111 6370113 Bishop Francis Zayek Diocese of St. Marion 4730 Cove Road, N.W. Roanoke, VA 24017 6370615 6370614 6370612 6370611 6370610 Home Lumber Corporation P. O. Box 4097 Roanoke, VA 24015 6370609 6370608 6370607 6370606 6370605 6370604 6470603 6370602 6370601 6370202 6370201 FFWDevelopers c/o Fralin & Waldron, Inco P. O. Box 20069 Roanoke, VA 24018 6160627 V-K Properties P. O. Box 2442 Staunton, VA 24401 6160628 James H. Williams P. O. Box 2077 Ocala, FL 32678 6160636 Nell W. Nd Betty J. McLawhorn 3724 Grandview Ave., NW Roanoke, VA 24012 6160637 6160631 6160633 -2- William M. Martin King's Arms Apts., Ltd. Trustees of Maple Camp #66 Woodmen of the World 2328 Peters Creek Rd., N.W. Roanoke, VA 24017 5204 Lancelot Lane, N.W. Roanoke, VA 24019 2306 Peters Creek Road, N.W. Roanoke, VA 24014 Toby ~ .~rdwn SUBSCRIBED AND SWOILN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of January, 1988. My Commission Expires: Notary Public Office of ~he Oty C]er~ March 30, 1988 File #51 Ms. Maryellen F. Goodlatte Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 29028, rezoning a tract of land lying behind and to the right of Piccadilly Square Shopping Center, containing .77 acres, more or less, located at 3121 Franklin Road, S. W., identified as Official Tax Nos. 1290111, 1290118, and a portion of the rear of 1290117, from RS-3, Residential Single-Family District, to C-2, General Corr~nercial District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, March 14, 1988, also adopted by the Council on second reading on Monday, March 28, 1988, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Ms. Reva D. Harbour, c/o Jarbas Italian Gourmet, 3121 Franklin Road, S. W., Roanoke, Virginia 24014 Pilot Oil Corporation, Box 10146, Knoxville, Tennessee 37919 Mr. & Mrs, George D. Hartman, 920 Beeehwood Drive, S. W., Roanoke, Virginia 24014 Ms. Nancy L. Custer, 924 Beechwood Drive, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Clyde J. Bart, 1931 Cantle Lane, S. W., Roanoke, Virginia 24018 Room 456 Municipal Building 215 Church A~"~ue, S.W. Roanoke, Virginia 240t I (703) 981-2541 Ms. Maryellen F. Page 2 March 30, 1988 Goodlatte pc: Mr. & Mrs. Donald M. Desseyn, c/o Sovran Mortgage Corporation, Tax Department, P. 0. Box 26388, Richmond, Virginia 23260 Mr. & Mrs. Donald M. Desseyn, 3026 Roberts Road, S. Roanoke, Virginia 24014 Mr. & Mrs. Worth B. Stockton, c/o Dominion Bankshares Mortgage Corporation, P. 0. Box 4226, Fairfax, Virginia 22038 Mr. & Mrs. Larry W. Smith, c/o Fireman's Fund Mortgage Corporation, Tax Department, P. 0. Box 1800, Farmington Hills, Michigan 48018 Mr. & Mrs. Kenneth W. Linkous, c/o First Citizens Mortgage Corporation, P. O. Bo~ 11757, Columbia, South Carolina 29211 Ms. Betty J. Easter, c/o Dominion Bankshares Mortgage Corporation, Real Estate Tax Department, Fairfax, Virginia 22038 Mr. & Mrs. Marshall R. Gabbert, c/o Southwest Virginia Savings and Loan Association, Campbell & Second Street, S. W., Roanoke, Virginia 24011 J & J Land Company, Inc., P. 0. Box 8248, Roanoke, Virginia 24014 Mr. Wayne Go Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn Co Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald Ho Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Corr~ission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF The 28th day of March, 1988. No. 29028. ROANOKE, VIRGINIA, AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on March 14, 1988, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $§36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 129 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 3121 Franklin Road, S.W., designated on Sheet No. 129 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1290111 and 1290118, and a portion of the rear of the lot bearing Official Tax No. 129011?, as more particularly described in the Amended Petition to Rezone, be, and is hereby rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to those conditions prof- fered by and set forth in the Amended Petition to Rezone, filed with the City Clerk on January 26, 1988, and the Additional Proffer of Conditions filed with the City Clerk on February 8, 1988, and that Sheet No. 129 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission March 14, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from George R. and Betty F. Preas, requesting that a tract of land lying behind and to the right of Piccadilly Square Shopping Center containing .77 acres, more or less, located at 3121 Franklin Road, S.W., more specifically described as Official Tax Nos. 1290111, 1290118 and 1290117 be rezoned from RS-3, Residential Single-Family District to C-2, Commercial District, sub- ject to certain proffered conditions. I. Background Purpose of the rezoning is to permit the expansion of Piccadilly Square Shopping Center. B. Petition to rezone filed on January 13, 1988. Amended petition to rezone filed January 26, 1988. Conditions proffered by the petitioner were as follows: The property will be developed in substantial compliance with the site plan prepared by Hughes Associates, dated January 13, 1988, 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 con- struction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RS-3 without further action by City Council. That lot bearing official tax no. 1290111 along with that portion of lot bearing official tax map no. 1290117 (0.020 acres) will be combined with that lot bearing official tax map no. 1290110 and an approved plat of subdivision will be recorded combining said lots. The new zoning ordinance requires a 10' wide landscaped screen when a commercial lot abuts a lot containing a residential use. The petitioners will not be able to satisfy this re- Room 355 Municipal Building 215 Church Avenue, 5W~ Roanoke, Virginia 24011 (703) 98t-2344. Roanoke City Council March 14, 1988 Page 2 quirement in the area of the proposed driveway at the rear of parcel no. 1290117. Second amended petition to rezone was filed on February 3, 1988. The following additional condition was proffered: That Petitioner will obtain a variance from the land- scaping requirements of 36.1-585(b)(2) of the Code of the City of Roanoke (1979), as amended, as that requirement affects the boundary between the parcels of land described above and lot bearing official tax map no. 1290117. Planning Commission Public Hearin~ was held on February 3, 1988. No one spoke in opposition to the requested rezoning. Mrs. Nancy L. Custer (924 Beechwood Drive) contacted the staff prior to the public hearing to express her opposition to the requestion rezoning. II. Issues Zoning is presently RS-3. Zoning along Franklin Road and to the west is C-2. Zoning to the north and east is RS-3. Land use of parcel no. 129011 is vacant. Parcel no. 1290118 is an existing parking lot and driveway which provide access into the existing Piccadilly Square Shopping Center from Beechwood Drive. Single-family houses fronting on Beechwood Drive and Roberts Road are located to the north and the east. Utilities are a factor which can be addressed at the develop- ment plan review stage. The Franklin Road area experiences flooding problems regularly. However, the city's "zero increase in the rate of runoff" policy would apply to the pro- ject. Traffic is not a concern. The proposed expansion will only generate approximately 600 vehicles per day which will be split between the two primary entranceways into the existing shopping center fronting on Franklin Road and the existing driveway on Beechwood Drive. Neighborhood is a stable, well-maintained residential area that should be protected and buffered from commercial develop- ment. Grade differences and existing wooded area separate the Franklin Road commercial area from the neighborhood. Roanoke City Council March 14, 1988 Page 3 F. Comprehensive Plan recommends: Development of new commercial areas should be carefully planned and designed to promote quality development and good land use. Neighborhoods be protected from encroachment of incompatible uses through appropriate land use decisions and design and buffering requirements. III. Alternatives A. City Council approve the rezoning request. 1. Zonin8 becomes C-2. Land use of parcel no. 1290111 would change from undeveloped to commercial. Use would be consistent with the commercial development along Franklin Road. The location of the property precludes desirable future residential development. Utilities are available. Storm water management on the site is feasible. Traffic is not a significant issue. Additional traffic generated is very little. Neighborhood impact would be minimized by grade differences, proposed landscaping and retention of wooded area at rear of property. 6. Comprehensive Plan would be followed. B. City Council den~ the rezoning request. 1. Zonin~ remains RS-3. 2. Land use restricted to residential. 3. Utilities not affected. 4. Traffic not affected. 5. Neighborhood not affected. 6. Comprehensive Plan followed. Roanoke City Council March 14, 1988 Page 4 IV. Recommendation The Planning Commission approved the requested rezoning by a vote of 5-0 (Mr. Bradshaw and Mr. Price absent). The Commission noted that the property was not viable for residential development and that the applicant has made every effort to make the development compatible with the neighborhood. In a separate motion, the Commission requested that the staff conduct a study of the area to determine its most appropriate use and to develop a plan for the orderly redevelopment and/or preservation of the area. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission JRM/tsb Attachment cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator/Building Commissioner Petitioner IN RE: Rezoning of a tract of land lying behind and to the right of Piccadilly Square on Franklin Road, located at 3121 Franklin Road, S.W., Tax Number 1290111, 1290118 and part of 1290117, from RS-3 District to C-2 District CitY CLS;:,~; L.?F CF~ '86 ~ENDED PE?I?ION TO R~ ~.ON~. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioner, George R. and Betty F. Preas, own land in the City of Roanoke containing .77 acres, more or less, located at 3121 Franklin Road, S.W., (1290111, 1290118 and part of 1290117). Said tracts are currently zoned RS-3. A map of the property to be rezoned is attached to the Petition to Rezone as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3 District to C-2 District, subject to certain conditions set forth below, for the purpose of expanding the Piccadilly Square shopping center. The Petitioner believes the rezoning of the said tracts of land will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will give proper use to a landlocked parcel of land and make it tax producing and provide for the orderly development of the Picadilly Square area. The Petitioner hereby proffers and agrees that if the said tracts are rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by the following conditions: 1. That the property will be developed in substantial compliance with the site plan prepared by Hughes Associates, dated January 13, 1988, 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 RS-3 without further action by City Council. 3. That lot bearing official tax map no. 1290111 along with that portion of lot bearing official tax map no. 1290117 (0.020 acre) will be combined with that lot bearing official tax map no. 1290110 and an approved plat of subdivision will be recorded combining said lots. Attached as Exhibit C to the Petition to Rezone previously filed 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 tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 26th day of January, 1988. George R. Preas Betty F. Preas ~ of Counsel Maryellen F. Goodlatte Glenn, Flippin, Feldmann & Darby 315 Shenandoah Building P. O. Box 2887 Roanoke, Virginia 24001 ADJOINING PROPERTY OWNERS LIST Official Tax Number 1290136X 1290106 1290110 IB90104 1290121 1290118 1B90117 1290116 1290115 1290126 EXHIBIT Owner's Name and Mailinq Addresq Reva Dillon Harbour c/o Jarbas Italian Gourmet 3121 Franklin Rd., SW Roanoke Va. 24014 Reva Dillon Harbour c/o Jarbas Italian Gourmet 3181 Franklin Road, S. W. Roanoke, Va 24014 George R. & Betty F. Preas 4370 Starkey Road, S. W. Suite 4-D Roanoke, Va. 24014 George R. & Betty F. Preas 4370 Starkey Road, S. W. Suite 4-D Roanoke, Va. 84014 Pilot Oil Corporation Box 10146 Knoxville, TN 37919 George R. & Betty F. Preas 4370 Starkey Road, S. W. Suite 4-D Roanoke, Va. 24014 George D. & Eleanor C. Hartman 920 Beechwood Dr., SW Roanoke, Va. 24014 Nancy Lyons Custer 984 Beechwood Dr., S. W. Roanoke, Va. 24014 Clyde J. & Elsie F. Barr 1931 Cantle Lane, S. W. Roanoke, Va. 24018 Donald M. & Marcia F. Desseyn Sovran Mortgage Corp. Attn: Tax Dept. P. 0. Box 86388 Richmond, Va. 83860 18gO1B? Worth B. & Emily M. Stockton Dominion Bankshares Mortg. Corp. Attn: Real Est Tax Dept. P. O. Box 4228 Fairfax, Va. 22038 1290188 1890112 Larry W. & Nerissa M. Smith Fireman's Fund Mortgage Corporation Attn: Tax Dept. P. O. Box 1800 Farmington Hills, MI 48018 Kenneth W. & Barbara D. Linkous First Citizens Mortgage Corp. P. O. Box 11757 Columbia, SC 89811 1890113 Betty J. Easter Dominion Bankshares Mortgage Corp. Attn: Real Estate Tax Dept. P. O. Box 482& Fairfax, Va. 22038 1290114 1290108 Marshall R. & Glenna B. Gabbert Southwest Va. S & L Assoc. Campbell Ave. & Second St., SW Roanoke, Va. 24011 J & J Land Company, Inc. P.O. Box 8248 Roanoke, Va. 24014 IN RE: Rezoning of a tract of land lying behind and to the right of Piccadilly Square on Franklin Road, located at 3121 Franklin Road, $.W., Tax Number 1290111, 1290118 and part of 1290117, from RS-3 District to C-2 District ADDITIONAL PROFFER OF CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE As part of the petition previously filed seeking a rezoning of the parcels of land described above, the petitioner hereby proffers and agrees that if said tracts are rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by the following additional condition: 4. That Petitioner will obtain a variance from the landscaping requirements of § 36.1-585(b) (2) of the Code of the City of Roanoke (1979), as amended, as that requirement affects the boundary between the parcels of land described above and lot bearing official tax map no. 1290117. Respectfully submitted this 3rd day of February, 1988. George R. Preas Betty F. Preas ~f Counsel Maryellen F. Goodlatte Glenn, Flippin, Feldmann & Darby 315 Shenandoah Building P. O. Box 2887 Roanoke, Virginia 24001 OCATION / ? III III FEI:: NARYELLEW F GOODLATTE ES 31~ ShE;~ANDUAH DLO~ STATE OF VI~(.INIA CiTY OF ~D~ND~,~ AFFIDAviT DF PUDLiCATION IIMcS-NGKLO CDRPO&ATIDN, ~HIC~ COX- PONATIOI~ IS PUBLISHER DF 1HE ~OANUKE TIM~S ~ ~ORL~-NmNS~ A DAILY NEWSPAPER PUDLISHC~ IN mUANOKE, IN THc STATE OF VIAGiNIA, gu CE~T1FY THAT THE ANNEXED NOTICe ~AS PUdLISH~D iN SAId Nc~SPAF~K~ ON TH~ FQLLb~iNG DATES 03/0~/~ MoRNINb ~ITNESS, Trli~/~Trt DAY OF MARCH OFFICER S SIbHATUR~- 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, March 14, 1988, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RS-3, Residential Single-Family District, to C-2, General Commercial District, the following pro- perty: A tract of land, located at 3121 Franklin Road, S.W., consisting of lots bearing Official Tax Nos. 1290111 and 1290118, and a portion of the rear of the lot bearing Official Tax No. 1290117, as more specifi- cally described in the Amended Petition to Rezone on file in the Office of the City Clerk. 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 24th day of February , 1988 Mary F. Please publish in fuji twice, once on Friday, February 26, 1988, and once on Friday, March 4, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Parker City Clerk Please bill to: Ms. Maryellen F. Goodlatte Attorney P. O. Box 2887 Roanoke, Virginia 24001 Or, ce c~ the City Clerk February 26, 1988 File #51 Ms. Maryellen F. Goodlatte Attorney P. 0. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: 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, George R. and Betty F. Press, that a tract of land lying behind and to the right of Piccadilly Square Shopping Center, containing .77 acres, more or less, located at 312I Franklin Road, S. W., identified as Official Tax Nos. 1290111, 1290118 and 1290117, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, sub- ject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at its meeting on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, March 14, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:ra pc: Ms. Revs D. Harbour, c/o Jarbas Italian Gourmet, 3121 Franklin Road, S. W., Roanoke, Virginia 24014 Pilot Oil Corporation, Box 10146, Knoxville, Tennessee 37919 Root~456 /~l~i~ll~,~lldl~ 215Cl~rahA~ue, S.W.P.,oc~,Vlrg~la24011 (703) 981-2541 Ms. Maryellen F. Goodlatte Page 2 February 26, 1988 pc: Mr. & Mrs. George D. Hartman, 920 Beechwood Drive, S. W., Roanoke, Virginia 24014 Ms. Nancy L. Custer, 924 Beechwood Drive, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Clyde J. Barr, 1931 Cantle Lane, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Donald M. Desseyn, c/o Sovran Mortgage Corporation, Tax Department, P. 0. Box 26388, Richmond, Virginia 23260 Mr. & Mrs. Donald M. Desseyn, 3026 Roberts Road, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Worth B. Stockton, c/o Dominion Bankshares Mortgage Corporation, P. 0. Box 4226, Fairfax, Virginia 22038 Mr. & Mrs. Larry W. Smith, c/o Fireman's Fund Mortgage Corporation, Tax Department, P. 0. Box 1800, Farmington Rills, Michigan 48018 Mortgage Carolina Mortgage Virginia Mr. & Mrs. Kenneth W. Linkous, c/o First Citizens Corporation, P. 0. Box 11757, Columbia, South 29211 Ms. Betty J. Easter, c/o Dominion Bankshares Corporation, Real Estate Tax Department, Fairfax, 22038 Mr. & Mrs. Marshall R. Gabbert, c/o Southwest Virginia Savings and Loan Association, Campbell & Second Street, S. W., Roanoke, Virginia 24011 J & J Land Company, Inc., P. 0. Box 8248, Roanoke, Virginia 24014 Mr. Wayne G. Strickland, Acting 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. Von W. Moody, III, Director of Real Estate Valuation Ms. Susan S. Goode, 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. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald R. Miller, Building Corr~issioner and Zoning Administrator Mr. John R. Marlles, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Office of the CJl¥ C~e~ February 8, 1988 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear ~lrs. Goode: 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 George R. and Betty F. Preas, requesti~U that a tract of land lying behind and to the right of Picadillv Square on Franklin ~ood, located at 312I Franklin RoaR. S. W., containing .77 acres, more or less, designated as Official Tax Nos. 1290111, 1290118, and a portion of 12~7117, be rezoned fro~, RS-3, Residential Single Family District, to C-2, General Commercial District, sabjpct to certain pr,~?fered conditions by the petitioner. Sincerely 7~ Xlary F. Parker, City Clerk MFP:ra Enco pc: ?,is. ^',aryellen F. Goodlo(te, Attorney, P. O. Box ~oono~ce, Vlr,qinio 24001 5lt. John R. 51or'lies, Agent, Uity Pl~nnin~ Commission Ms. To~y S. ~rown, Secretary, Ci [y Plonn~r~ Con~tssion ~4r. Ronald I1. ~iller'. ZoninU Administrator ~lr. William M. ~4ackv'orth. Assistant City Attorney 2887, 456 Municipal Buildincj 215 C~urch Avenue. SW. Roanoke, Vkcj~nia 24~t t (703) 98t-2.541 January 28, 1988 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from George R. and Betty F. Preas, requesting that a tract of land lying behind and to the right of Picaditty Square on Franklin Road, located at 3121 Franklin Road, S. W., containing .77 acres, more or less, designated as Official Tax Nos. 1290111, 1290118, and a portion of 1290117, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions. Sincerely, ~~ Mary F. Parker, CMC City C~erk MFP: ra Enc. pc: Mr. & Mrs. George R. Preas, 4370 Starkey Road, Suite 4D, Roanoke, Virginia 24014 Mr. John R. Marlles, Agent, City Planning Commission Ms. Toby S. Brown, Secretary, City Planning Com~nission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MunlcipalBuildlng 215C~urchA',~nue, S,W. Roonolce, Vlrg~nla24011 (703)981-25~.1 C~ce of ~e CJi, C]er~ January 14, 1988 File #51 Mrs. Susan So Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from George R. and Betty F. Preas, requesting that a tract of land lying behind and to the right of Picadilly Square aa Franklin Road, located at 3121 Fra~klin Road, S. W., containing .77 acres, more or less, designated as ©fficiat Tax Nos. I790111, 1290118, and 12~0117, be rezoaed from RS-2, Residential Single Family District, to C-2, General Commercial Oist~ict, subject to certain proffered conditions. Sincerely, ,'d a ry F. Pa ~' k e r, City Clerk MFP:ra Eric. pc: Mr. & Mrs. Georje R. Pceas, 4370 Starkey Road, Suite Roanoke, Virginia 2401,1 Mr. John R. Marlles, Agent, City Planning Corrtmissian Ms. Toby A. Brown, Secretary, City Planning Commission Mr. RonaId ~. Miller, Zoning Administratoc Mr. William M. Hackworta, Assistant City 4ttorney 4D, Room 456 Municipal Building 215 (~urch Avenue, SW. Roanoke, Virginia 24(]11 (703) 981-2.541 SAiVlPLE PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE'~SVIR~IN'IA" IN RE: Rezoning of a tract of land lying behind and to the right -PETITION of Piccadilly Square on Franklin Road, located at 3121 F~ankl-in-- TO Road, S.W., Tax Number 1290111, 1290118 and 1290117, from 'REZONE RS-2 District to C-2 District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The. Petitioner, George R, & Betty F. Preas. owns land in the City of Roanoke containing .77 acres, more or less, located 3121 Frank].in Road, S.W., 129011, 1290118 & 1290117. Said tract is currently zoned RS-2 'A map of the property to be rezoned is attached as Exhibit A Pursuant to Article VII of Chapter 3'6.l-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-2 District to C-2 District, subject to certain conditions set forth below, for the purpose of Expansion of Piccadilly Square Shopping Center 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 give proper use,to a "Landlocked" parcel of land' and mak6 it tax producinq 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: CONDITIONS ARE VOLUNTARY ON THE PART OF THE PETITIONER AND ARE NOT NECESSARILY PART OF EVERY REZONING PETITION. THE PLANNING OFFICE HAS A HANDOUT SETTING FORTH A'RECOMMENDED FORMAT FOR WORDING CONDITIONS: THIS FORMAT HAS BEEN APPROVED BY THE PLANNING COMMI.q.ql CiN. I I. That the property will be developed in substantial compliance with the site plan prepared by Hughes Associates , dated 01/13/88 , 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 RS-2 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. 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 13 day of January , 1988 . George R. Preas Betty F. Preas signat,~re of owner Respectfully submitted, R. Preas ~f C'ounsel 4370 Starke~ Road, Suite 4D Roanoke, Virginia 24014 ADJOINING PROPERTY OWNERS LIST Official Tax Number 1890136X 1890106 1890110 1890104 1890181 1890118 1890117 1890116 1890115 1890186 ~XHIBIT Owner's Name and Mailinq Address Reva Dillon Harbour c/o Jarbas Italian Gourmet 3121 Franklin Rd., SW Roanoke Va. 84014 Reva Dillon Harbour c/o Jarbas Italian Gourmet 3181 Franklin Road, S. W. Roanoke, Va 24014 George R. ~ Betty F. Preas 43?0 Starkey Road, S. W. Suite 4-D Roanoke~ Va. 84014 George R. & Betty F. Preas 4370 Starkey Road, S. W. Suite 4-D Roanoke~ Va. 84014 Pilot Oil Corporation Box 10146 Knoxville, TN 37919 George R. & Betty F. Preas 4370 Starkey Road, S. W. Suite 4-D Roanoke, Va. 24014 George D. i Eleanor C. Hartman 920 Beechwood Dr., SW Roanoke, Va. 24014 Nancy Lyons Custer 984 Beechwood Dr., S. W. Roanoke, Va. 24014 Clyde J. & Elsie F. Bart 1931 Cantle Lane, S. W. Roanoke, Va. 24018 Donald M. & Marcia F. Desseyn Sovran Mortgage Corp. Attn: Tax Dept. P. O. Box 86388 Richmond, Va. 83260 1890127 Worth B. & Emily M. Stockton Dominion Bankshares Mortg. Corp. Attn: Real Est Tax Dept. P. O. Box 4826 Fairfax, Va. 22038 1290188 Larry W. & Nerissa M. Smith Fireman's Fund Mortgage Corporation Attn: Tax Dept. P. O. Box 1800 Farmington Hills, MI 48018 1890112 Kenneth W. & Barbara D. Linkous First Citizens Mortgage Corp. P. O. Box 11757 Columbia, SC 89811 1890113 Betty J. Easter Dominion Bankshares Mortgage Corp. Attn: Real Estate Tax Dept. P. O. Box 4886 Fairfax~ Va. 28038 1890114 1290108 Marshall R. & Glenna B. Gabbert Southwest Va. S & L Assoc. Campbell Ave. & Second St., SW Roanoke, Va. 84011 J & J Land Company, Inc. P.O. Box 8248 Roanoke, Va. 24014 Le o. ~74¢. CONSULTING KOANOKE, VIRGINIA DRAWN DATE ~r'ALE JOB NO. BHEET TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from George R. and Betty F. Preas requesting that, ) a tract of land lying behind and to the right of ) Piccadilly Square Shopping Center containing .77 acres, )AFFIDAVIT more or less, located at 3121 Franklin Road, S.W., more ) specifically described as Official Tax Nos. 1290111, ) 1290118 and 1290117 be rezoned from RS-3, Residential ) Single-Family District to C-2, General Commercial District,) subject to certain proffered conditions. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Toby S. Brown, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th day of January, 1988, notices of a public hearing to be held on the 3rd day of February, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 1290136 1290106 OWNER, AGENT OR OCCUPANT Reva Dillon Harbour c/o Jarbas Italian Gourmet ADDRESS 3121 Franklin Rd., SW Roanoke, VA 24014 1290110 1290104 1290118 George R. & Betty F. Preas 4370 Starkey Road, SW Suite 4-D Roanoke, VA 24014 1290121 Pilot Oil Corporation Box 10146 Knoxville, TN 37919 1290117 George D. & Eleanor C. Hartman 920 Beechwood Dr., SW Roanoke, VA 24014 1290116 Nancy Lyons Custer 924 Beechwood Dr., SW Roanoke, VA 24014 1290115 1290126 1290126 1290127 Clyde J. & Elsie F. Barr Donald M. & Marcia F. Desseyn Donald M. & Marcia F. Desseyn Worth B. & Emily M. Stockton 1931 Cantle Lane, SW Roanoke, VA 24018 Sovran Mortgage Corp. Attn: Tax Dept. P. O. Box 26388 Richmond, VA 23260 3026 Roberts Rd., S.W. Roanoke, VA 24014 Dominion Bankshares Mortgage Corporation P. O. Box 4226 Fairfax, VA 22038 -2- 1290128 Larry W. & Nerissa M. Smith Fireman's Fund Mortgage Corporation Attn: Tax Dept. P. O. Box 1800 Farmington Hills, MI 48018 1290112 1290113 1290114 1290108 Kenneth W. & Barbara D. Linkous Betty J. Easter Marshall R. & Glenna B. Gabbert First Citizens Mortgage Corporation P. O. Box 11757 Columbia, SC 29211 Dominion Bankshares Mortgage Corporation Attn: Real Estate Tax Department Fairfax, VA 22038 Southwest Va. S & L Assoc. Campbell Ave., & Second St., SW Roanoke, VA 24011 J & J Land Company, Inc. P. O. Box 8248 Roanoke, VA 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of January, 1988. Myfom~ission Expires: N~ry/Public Office of the City Clerk March 30, 1988 File #425-169-277 Ms. Linda W. Pharis Director of Communications Center-In-The-Square One ~farket Square Roanoke, Virginia 24011 Dear Ms. Pharis: I am enclosing four copies of Ordinance No. 29029, granting to the Western Virginia Foundation for the Arts and Sciences, a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, March 14, 1988, also adopted by the Council on second reading on Monday, March 28, 1988, and will take effect ten days following the date of its second reading. Please sign and return three copies of the Ordinance to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Sincerely, f~c,--- Mary F. Parker, C~JC City Clerk MFP:ra Enc. pc: Mr. Robert W. Hooper, Executive Director, Downtown Roanoke, Inc., 410 First Street, S. W., Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Superintendent, Signals and Alarms Mr. George C. Snead, Jr., Director of Administration and Public Safety Room 456 Municipal Building 2t5 (D'~urch Av~'~ue, S.W. Roanoke, ~rg~nla 24011 (703) 98'~-2541 IN THE COUNCIL OF THE CITY OF The 28th day of March, 1988. No. 29029. ROANOKE, VIRGINIA, AN ORDINANCE granting to the Western Virginia Foundation for the Arts and Sciences, a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, the Western Virginia Foundation for the Arts and Sciences, (Permittee) has requested that Council authorize the Permittee to mount certain flags on certain street lighting poles in the Central Business District of the City, Permittee's request being more particularly set forth in the letter of Linda W. Pharis, Director of Communications, dated February 23, 1988; and WHEREAS, Council is desirous of granting the request of the Permittee pursuant to certain terms and conditions. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the Permittee to mount cer- tain flags on street lighting poles in the Central Business District of the City, the Permittee's request being more par- ticularly described in the letter dated February 23, 1988, from Linda W. Pharis, Director of Communications, a copy of which is on file in the Office of the City Clerk. 2. The permit granted by this ordinance shall be revocable at the pleasure of the City of Roanoke. 3. Any and all costs in connection with the granting of this permit shall be borne by the Permittee. 4. The Permittee shall, and by execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Permittee's intentional acts or negligent acts or omissions with respect to the rights or privileges granted hereby. 5. Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $§0,000 property damage. 6. Permittee shall give notice to the City's Director of Public Works prior to entry onto City property or City facilities for installation or mounting of the flags. 7. The permit granted by this Ordinance shall expire, by its own terms, without notice, at midnight on June 1, 1988. 8. This ordinance shall be in full force and effect at such time after its effective date as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of the Western Foundation for the Arts and Sciences, has been filed in the Office of the City Clerk. ATTEST: - 2 - City Clerk. ACCEPTED AND EXECUTED bF the undersigned this , 1988. day of ATTEST: WESTERN FOUNDATION FOR THE ARTS AND SCIENCES Title By Title - 3 - Roanoke, Virginia March 14, 1988 Honorable Noel C. Taylor, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: The Western Virginia Foundation for the Arts and Sciences Permit Request I. Background: A. Center-in-the-Square celebrated its grand opening in December, 1983. City Council granted permission to fly Center-in-the-Square logo flags in the Market Area during December, 1984, in celebration of its first anniversary; and again in October, 1985, while exterior signage was being fabricated and installed. Co Center-in-the-Square is launching a fund raising campaign for the Center's expansion project on March 22, 1988. II. Current Situation: By letter dated February 23, 1988, Linda W. Pharis, Director of Communications, has requested permission to fly Center-in-the-Square logo flags from street lighting poles in the central business district for the period of March 22, 1988, thru June 1, 1988. III. Issues: A. Authority for Approval. B. Permit Requirements. IV. Alternatives: Ao City Council grant the Western Virginia Foundation for the Arts and Sciences permission to fly Center-in-the-Square logo flags from street lighting poles in the central business district for the period of March 22, 1988, thru June 1, 1988. 1. Authority for approval or denial is solely City Council's. 2. Permit requirements are as follows: Western Virginia Foundation for the Arts and Sciences obtain individual or company to install and remove flags. Members of Council Page 2 Cost on installing and removing flags will be the responsibility of the Western Virginia Foundation for the Arts and Sciences. Indemnification - Western Virginia Foundation for the Arts and Sciences has agreed to provide liability insurance, naming the City as an additional insured, providing general public liability insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage. City Council deny the request of the Western Virginia Foundation for the Arts and Sciences. 1. Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. V. Recommendation is that City Council approve Alternative "A" thus: Adopt appropriate measure, as prepared by the City Attorney, granting permission to the Western Virginia Foundation for the Arts and Sciences to fly Center-in-the-Square logo flags from street lighting poles in the central business district from March 22, 1988, thru June 1, 1988. Respectfully submitted, W. Robert Herbert, City Manager WFC:pr pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Director of Administration & Public Safety Mr. William M. Mullins, Jr., Manager, Signals & Alarms Ms. Linda W. Pharis, Director of Communications, Center-in-the-Square, One Market Square, Roanoke, VA 24011 Mr. Robert W. Hooper, Executive Director, Downtown Roanoke, Inc., 410 First Street, SW, Roanoke, VA 24011 CENTER INDTHE SQUARE ONE MARk~ET SQUARE ,9OANO~<E VI~GINI,6 240,1 ,~ 703/342-5700 A OENTEB ~019 ABT HISTOF~v AND SQIENCE February 23, '1988 Mr. William F. Clark, Director Public Works Department City of Roanoke 2t5 Church Avenue Roanoke, VA 24011 Dear Mr. Clark: Pursuant to our phone conversation today, I am writing to request permission from the City to fly our Center in the Square flags from the outfitted streetlamps in downtown Roanoke. · We are launching our fundraisinq campaign for the Center's expansion project on March 22, and would ideally like the flags to be flying that morning. The campaign concludes June 1, and again, ideally it would be nice to continue this through Memorial Day weekend, a period of 71 days, though we will certainly comply with the City's wishes on the issue of duration. I have checked with Downtown Roanoke, Inc., and they will not be needing the flagpoles. We will, subsequent to your approval, post the necessary certificate of liability from our insurance company. Many thanks for your assistance. Respectfully, Linda W. Pharis Director of Communications LWP:jed Campbell Avenue, Market Street and Church Avenue. Office of the City C~e~ ~iarch 30, 1988 File #2-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Iterbert: ~ am attaching copy of Ordinance No. 29034, authorizing the exe- cution of an agreement with Sunlink Corporation, for purchase and sale of an approximately 13.820 acre parcel of land in Roanoke Centre for Industry and Technology, for the sum of $25,000.00 per acre, which Ordinance was adopted by the Council of the City of ~oanoke on first reading on ~ionday, March 14, 1988, also adopted by the Council on second reading on Monday, March 28, 1988, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, C~iC City Clerk MFP: ra pc: ~ir . Mr. Mr. ~i r . Mr. Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Brian J. Wishneff, Chief of Economic Development Room 456 Municipal Building 215 (~urch Avenue, S.W. Roanoke, Vlrg~nta 24~1 t (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of March, 1988: No. 29034. AN ORDINANCE authorizing the execution of an agreement for purchase and sale relating to an approximately 13.820 acre parcel in Roanoke Centre for Industry and Technology; and authorizing the execution of the requisite deed for conveying such property. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and to seal and attest, respectively, an agreement for purchase and sale with Sunlink Corporation, a Georgia corporation, providing for the sale to said corporation of an approximately 13.820 acre parcel, more particularly described as parcel lB on Resubdivision of Parcel 1, Roanoke Centre for Industry and Technology, dated November 5, 1987, for the sum of $25,000.00 per acre, and to contain those terms and conditions described in more detail in the City Manager's report of March 14, 1988; such agreement to be approved as to form by the City Attorney. 2. Such agreement may require the City to indemnify Sunlink Corporation with respect to liability or expense resulting from any landfill on or within the subject property, with respect to methane gas on or about the subject property and with respect to presence of any hazardous substance on the property. Purchaser must notify the City within three (3) years after closing date of any indemnification claim against the City, and the City's total liability shall be limited to $200,000.00. 3. The Mayor and the City Clerk are authorized and empowered to execute on behalf of the City and to seal and attest, respectively, the City's deed of conveyance of the above described property; City Attorney. such deed to be approved as to form by the ATTEST: City Clerk. Office of the City Manager March 14, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Council Members: SUBJECT: Sunlink Corporation land sale agreement Roanoke Centre for Industry and Technology I. Background: City of Roanoke is being asked to sell 13.8 acres of land, being Parcel lB in the Roanoke Centre for Industry and Technology to Sunlink Corporation. Sunlink is the real estate division of Bell Southern, a corporation which recently bought Universal Communication Systems (UCS). Bo Universal Communication Systems, which currently employs 240 people in the City of Roanoke will be building a 70,000 square foot facility with an investment of $7,000,000 and expanding their work force by 100 to 150 people over the next several years. With Bell Southern as owner of UCS, its potential for future growth is enormous. II. Issues: A. Timing. B. Economic Development. III. Alternatives: ao Authorize the City Manager to execute a contract to sell 13.8 acres of land, Parcel lB, as outlined on the accompanying map, at the Roanoke Centre for Industry and Technology to Sunlink Corporation for the sum of $25,000 per acre, and authorize the Mayor to execute the requisite deed to Sunlink Corporation. Timing is critical to meet Universal Communications Systems' proposed construction schedule. Architects and engineers have been doing preliminary work for UCS in preparation for work at the site to begin as soon as possible. 2o Economic Development program of the City of Roanoke would be realized by the retention of a valuable existing business and the creation of 100 to 150 new jobs. Room 364 Municipal Building 215 Church Avenue, 5.W. Roanoke, Virginia 24011 (703) 981-2333 Members of Council March 14, 1988 Page 2 Do not authorize the City Manager to execute a contract to sell 13.8 acres of land, Parcel lB, at the Roanoke Centre for Industry and Technology. 1o Timing of construction would be jeopardized. Economic development program benefits would not be utilized due to the loss of a potential 150 jobs. IV. Recommendation It is recon~ended that City Council authorize the City Manager to execute a contract providing for: Sale of approximately 13.8 acres of land at the Roanoke Centre for Industry and Technology specifically Parcel lB as outlined on the attached map, to Sunlink Corporation, a division of Bell Southern at a price of $25,000 per acre, for the construction of a 70,000 square foot building to be used by Universal Communication Systems. 2° Authorize the Mayor to execute the requisite deed with Sunlink Corporation. WRH/PFS:kds Attachment cc: City Attorney Director of Finance Director of Public Works City Engineer Chief, Economic Development Respectfully submitted: W. Robert Herbert City Manager