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HomeMy WebLinkAboutCouncil Actions 11-17-86REGULAR MEEKLY SESSION ...... ROANOKE CITY COUNCIL November 17, 1986 -- 7:30 p.m. gilliam Fleming High School AGENDA FOR THE COUNCIL 28446 Call to Order -- Roll Call. The invocation will be delivered by The Reverend g. Albert Massey, Pastor, Emmanuel Wesleyan Church. Pr~e~. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. e BID OPENINGS A: Bids for underground traffic signal work at the inter- section of Peters Creek Road and North Lakes Drive, N.W. Tm ~>~ w~¢ ref~e~ to ~ ~o~ee compo~ of M~sra. r~nd, Ch~n, ~ ~d ~. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 C-3 Minutes of the regular meeting of Council held on Monday, October 13, 1986. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mr. Alton B. Prillaman, Secretary, Electoral Board, transmitting certified copies of the abstract of votes cast in the General Election held in the City of Roanoke on November 4, 1986. R,ECOMMENDED ACTION: Receive and file· A report of the City Attorney requesting an Executive Session to discuss a matter of potential litigation pursuant to Section 2.1-344 (al (6), Code of Virginia (lg$0), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a matter of potential litigation pursuant to Section 2.1-344 (al (6), Code of Virginia (1950), as amended. (1) C-4 C-S C-6 ~uallftcatlon of Brian J. Economic Development Commission 1989. Wlshneff as a member of the for a term ending August 10, RECOMMENDED ACTION: Receive and file. Qualiflcatlon of Chauncey L. of Roanoke Transportation Safety years ending October 31, 1990. Logan as a member of the City Commissi)E for a term of four RECOMMENDED ACTION: Receive and file. Qualification of Virginia K. Binder as a Advisory Board of Human Resources for a term ending November 30, 1990. member of the of four years RECOMMENDED ACTION: Receive and file· REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to the City's adoption of Section 125 of the Internal Revenue Code. Rcce~6ued~md fred. Items Recommended for Action: A report recommending a rate adjustment in the parking fees at the Municipal Parking Garage, to be effective January 1, 1987. Adoptcd Ord. L~nce No. 28446 (.7~0[. 3. A report recommending that Downtown Roanoke, Inc., be granted permission to install holiday decorations on certain City-owned light standards and other facili- ties along Jefferson Street, Campbell Avenue and Church Avenue in the Downtown Business District. Adopted R~oZu~C6on No. 28447 (7-0) and R~o2J. U~ion No. 28448 (7-0). 4. A report concurring in a report of the Bid Committee recommending acceptance of the bid of Lee Hartman & Sons, Inc., to furnish and install Phase I improvements to the present Civic Center Coliseum sound cluster, for · a total of $30,447.00 and 40 consecutive calendar days for completion. Adopted O~d.L~u~nce No. 28449 (7-0). (2) ® A jotnt report of the City Manager, City Attorney and Director of Finance with regard to the request of the Free Clinic of Roanoke Valley, Inc., for endorsement of an amendment to the Code of Virginia, to provide for an exemption from the State Retail Sales and Use Tax for free clinics. Con~u~red in recommendation. A joint report of the City Manag~ and the Director of Finance with regard to the first quarter personnel lapse. Adopted0rdin~nce No. 28450 [7-0~. b. City Attorney: 1. A report transmitting a Resolution pertaining to waiver of a lien for Workers' Compensation benefits· Adopted R~olu~ion No. 2845J (7-0~. Reports of Committees: A report of the committee appointed to tabulate bids received for flood damage repair, Community Center, Norwich Park, recommending that a lump sum contract, in the amount of $12,697.00 and 45 consecutive calendar days, be awarded to Marsteller Corporation. Mr. Robert A. Garland, Chairman· A~ptedOrdinan~e. No. 28452 (7-01. Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 28425, on second reading, rezoning certain tracts of land containing 2.1243 ,acres, located on Old Country Club Road, N. W., designated as Official Tax Nos. 2660604, 2660601, 2660701~ 2660702 and 2660703, from RS-3, Single Family Residential District, to C-1, Office and Institutional District, subject to certain proffered con- ditions. Adopted Ordinance No. 28425 Ordinance No. 28426, on second reading, rezoning three par- cels of land located at 1212 Loudon Avenue, N. W., designated as Official Tax Nos. 2212314, 2212315, and 2212316, from RG-1, General Residential District, to LM, Light Manufacturing District, subject to certain proffered conditions. Adopted 0rdinance No. 28426 (7-0). Ordinance No. 28427, on second reading, rezoning a tract of land containing approximately 1.75 acres, located on the east side of South Jefferson Street which is bounded by Jefferson Street, 22nd Street and Yellow Mountain Road, designated as Official Tax No. 4060601, from RG-1, General Residential District, to C-l, Office and Institutional District, subject to certain proffered con- ditions. Adopted 0rdin~n~e No. 28427 {6-0, Mayor Ta,loraJ~st~ined from vot~ ). (3) d. Ordinance No. 28428, on second readtng, authortzlng the temporary closure of Coveland Ortve, N. W., by barrlcadlog it at the eastern slde of Ferncllff Avenue, N, W. Adojoted Ordinance No. 28428 (1-0). e. Ordinance No. 28440, on second reading, authorizing the sale and conveyance of approximately 313 square feet of City property located adjacent to 3203 King Street, N. E., on the north stde of Berkley Road, N."£. Adopted O~u~Znanee No. 2844O (7-0). f. Ordinance No. 28442, on second reading, authorizing the assignment of the tease for the former No. 6 City Fire Station on Oamison Avenue, S. E., from the Belmont Neighborhood Watch Group, Inc., to Southeast Action Forum, Inc. Adopted Ordinance No. 28442 (7-0). 10. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City ~tun¢il, / The Ruction of rei~t~n9 se~u~y offic~Roanoke Regional port. WoodrumFi~ld, and Co~%vi~ Cove R~ervoir, ~ police offic~r~, w~x Vacancies on various authorities, boards, commissions and f committees appointed by Council. J Other Hearings of Citizens: refer~ed to the City Manager, City A~orney and Director of Finance for study, repo~ and recommendation to Council. (4) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE November 18, 1986 File #40 Mr. Alton B. Prillaman Secretary Roanoke City Electoral Board P. O. Box 2865 Roanoke, Virginia 24001 Dear Mr. Prillaman: Your communication transmitting certified copies of the abstract of votes cast in the General Election held in the City of Roanoke on November 4, 1986, was before the Council of the City of Roanoke at a'regular meeting held on Monday, November 17, 1986. Un motion, duly seconded and unanimously adopted, the communica- tion and abstract of votes were received and filed. Sincerely, Hary F. Parker, CMC City Clerk MFP:se cc: Mrs. Melba C. Pirkey, Chairman, Roanoke City Electoral Board, 2639 Avenel Avenue, S. W., Roanoke, Virginia 24015 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Room456 MunlclpalBulldlng 2150'~urchAv~que, S.W. Ro~noke,'~rginlo24011 (703)981-2541 ELECTORAL BOARD NELBA Co PIRKEY, Chairman CHARLES T. GREEN, Vice Chalvman ALTON 8. PRILLANAN, Secretary November 7, 1986 RECEP/Ei) CITY CI, ER ~,$'OFF CE '86 N~~,! -7 ~,~) :l I Mrs. Mary F. Parker City Clerk Municipal Building Roanoke, Virginia 24011 Dear Mrs. Parker: Pursuant to Section 24.1-150 of the Virginia Election Laws, attached are certified copies of the abstract of votes cast in the General Election held in the City of Roanoke on November 4, 1986. Sincerely,~/~, Alton B. Prillaman, Secretary Roanoke City Electoral Board Attachments (3) ABSTRACT OF VOTES cast in the C-ourn'yCCity of Roanoke , Virginia, at the General Election held the first Tuesday after the first Monday in November, 19 86 , for MEMBER HOUSE OF REPRESENTATIVES Sixth DISTRICT Names of Candidates Flo Neher Trayvrick Total Votes Received (In Figures) 5,394 James R. "Jim" Olin 20,068 M. Caldwell Butler 2 Jane Thurber 1 Trudy Wheeler 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November. 5 , 19 86 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this ~ELECTORAL BOARD fifth day of November, 19. 86 Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the ~etmty/City of Roanoke ~ Virginia, at the Special Election held on November 4, 1986 for PROPOSED CON=rrrUTIONAL AMENDM~.NTS QUESTION h Shall the Constitution of Virginia be amended to allow any registered voter, who has not voted in four years, to continue to be registered if he so requests in writing and still lives at the address listed on the registration records? Tota~ Votes Received YES 16,371 NO 5,792 QUESTION 2: Shall the Constitution of Virginia be amended to allow government employees, except those who are elected or those who are employed by an elected official, to be appointed assistant voter registrars or officers of election? To~ai Vote~ Rc~-/vcd YES 11,068 NO 9,598 QUESTION 3: Shall the Constitution of Virginia be amended so that the Virginia Supreme Court may answer questions of state law certified to it by a federal court or the highest appellate court of another state? Total Votes Received (In Hgur~) YES 15,077 NO 5,149 QUESTION 4: Shall the Constitution of Vil'~tnia be amended so that the state may be gSven a right to appeal certain preliminary dismissals and exclusions of evidence in felony eases? YES 14,599 NO, 5,809 We, the undarsigned 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 November 4, 1986, do hereby certify that the above is a true and correct Abstract of Votes east at said election for and against the proposed amendments to the Constitution of Virginia. Given under our hands this 5th day of November,, 1986. copy teste: °^RD/ Chairman Vice Chairman Secretary :. :/ __ Secretary, FAeetoral Board ABSTRACT OF VOTES cast in the eottnty / C~ty of Roanoke , Wtrginia, at the special election hem on November 4 ,19 8 6 , on the following question or proposition: SUNDAY SALES QUESTION: Shall ths various work, sales and business activities presently prohibited on Sunday by Section 18.2-341 of the Code of Virginia (commonly known as the Sunday Closing Law) be allowed in the City of Roanoke? Total Votes Received (In Flgu~) FOR (Yes) 11,132 13,922 AGAINST (No) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on November 5 ,19 8 6 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this A copy teste: fifth day of November , 19 86. ~ AP.?~.. / ,/,.. /.~'~'{~ Chairman ~-~x~-~q /.-/~/~J~ ViceChairman Secretary, Electoral Board WILBURN C. DIBLING, JR. OFFICE OF THE CITY ATTORNEY ,464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 2,4011 November 17, 1986 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: This is to request an Executive Session of Council pursuant to §2.1-344(a)(6), Code of Virginia (1950), as amended, in order to discuss a matter of potential litigation. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCDJr:fcf ce: Mary F. Parker, City Clerk W. Robert Herbert, City Manager Ofl~:e ~ ff~e O~y Oer~ November 18, 1986 File #15-450 Mr. James O. Trout Chairman Economic Development Roanoke, Virginia Commission Dear Mr. Trout: This is to a member of August 10, advise you that Brian J. Wishneff has qualified as the Economic Development Commission for a term ending 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room456 MunidpalBuilcllng 2150~rd~Ave~ue, S.W. Roonoke, Vlrglnla24011 (703)981-254"1 0-2 C..kR '~ OFFICE Oath or Affirmation of Offic:e~T~ -"" I .... ~ ~. ~ , do solemnl~ swear (or ~rm) ~t I will aup~rt the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfull~ and impa~ially discharge and perform all the duties incumbent upon me a~ a ~ of ~e ~c ~t ~i~ ~r e ~ ~ ~ 10, 1989, according to the best of my ability. So help me God. Subscribed and sworn to before lne, this Office of the City Clerk August 19, 1986 File #15-450 Mr. Brian J. Wishneff Chief of Economic Development and Grants Roanoke, Virginia Dear Mr. wishneff: At a regular meeting of the Council of the C~ty of Roanoke held on Monday, August 11, 1986, you were elected as a member of the Economic Development Commission for a term ending August 10, 1989. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office whic~ may De administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 316 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the hiunicipal Building prior to serving in the capacity to which you were elected. Sincerely, Hary F. Parker, CHC City Clerk MFP: se Eric. cc: Mr. James O. Trout, Chairman, Economic Development Commission ~456 MuniclpalBuildlng 215C~urchAve~ue, S.W. Roonc~e, Vlrglnla24011 (703) 981-254t 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 11th day of August, 1986, BRIAN J. WISHNEFF was elected as a member of the Economic Development Commission for a term ending August 10, 1989. Given under my hand and seal of the City of Roanoke this 19th day of August, 1986. City Clerk C~ce o~ n~e City ~ November 19, 1986 File #15-20 Mr. Robert K. Bengtson Traffic Engineer Roanoke, Virginia Dear Mr. Bengtson: This is to advise you that Chauncey L. Logan has qualified as a member of the City of Roanoke Transportation Safety Commission for a term of four years ending October 31, 1990. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98'1-2541 0-2 Oath or Affirmation of ~ do solemnl~ swear (o~ ~m) thst I w~l sup~rt the Constitution of the United States, and the Constitution of the State of Virginia, and that I w~l faithfully and impa~ially discharge and perform all the duties incumbent upon me a~ ' ~r,~ns evtat~on Sa,et>, C~,:m .... 1on for a term o;~ fo,jr .years endinq October 31, 1990, according to the best of my ability. So help me God, Subscribed and Sworn to before me, this Or, ce of the Oty O~ October 24, 1986 File #15-20 Mr. Chauncey L. Logan 1609 Westside Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Logan: At a regular meeting of the Council of the City of Roanoke held on Monday, October 20, 1986, you were reelected as a member of the City of Roanoke Transportation Safety Commission for a term of four years ending October 31, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Robert K. Bengtson, Traffic Engineer P, oom456 MunlclpalBulldlng 215C~urchAve~ue, S.W. Roanoke, Virglnla24011 (703)98"1-2541 COMMONWEALTH OF CITY OF ROANOKE VIRGINIA ) ) To-wi t: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 20th day of October, 1986, CHAUNCEY L. LOGAN was reelected as a member of the City of Roanoke Transportation Safety Commission for a term of four years ending October 31, 1990. Given unde~ my hand and seal of the City of Roanoke this 24th day of October, 1986. City Clerk November 19, 1986 File #15-72 Mrs. Nina C. Bolden Chairman Advisory Board of Human Resources 925 McDowell Avenue, N. W. Roanoke, Virginia 24016, Dear Mrs. Bolden: This is to advise you that Virginia K. member of the Advisory Board of Human four years ending November 30, 1990. Binder has qualified as a Resources for a term of Si ncerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mr. James D. Ritchie, Director of Human Resources Room 456 Municipal Building 215 (~urch Avenue. $,W. Roanoke, 'Virginia 24011 (703) 981-2541 0-2 RECE, ~? Oath or Affirmation of Offic~¥ cL:~:. ~=F,,: Sta~ at ¥1¢gini~, Cit~ at Roanoke, ~o.~: '86 N~V 12 P 2:09 , do solemnly swear (or ~) that I w~l sup~rt the Constitution of the Unked States, and the Constitution of the State of Virginia, and that I wNl faithfully and impa~ially discharge and perform all the duties incumbent u~n me a~ according to the best of my ability. So help me God. Subscribed and sworu to before me, this. ~~J~ ~)Q~-Deputy Clerk Office cfi the City Cien~ November 5, 1986 File #15-72 Mrs. Virginia K. Binder 503 Wingfield Avenue, N. Roanoke, Virginia 24012 Dear Mrs. Binder: At a regular meeting of the Council of the City of Roanoke held on Monday, November 3, 1986, you were reelected as a member of the Advisory Board of Human Resources for a term of four years ending November 30, 1990. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mrs. Nina C. Bolden, Chairman, 925 McDowell Avenue, Roanoke, Virginia 24016 Mr. James D. Ritchie, Oirector of Human Resources Room 456 Munlclpol Building 215 (~nurch A~'~ue, S.W. Roanoke, Virginia 240t I (703) 98t-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 3rd day of November, 1986, VIRGINIA K. BINDER was reelected as a member of the Advisory Board of Human Resources for a term of four years ending November 30, 1990. Given under my hand and seal of the City of Roanoke this 6th day of November, 1986. City Clerk November 19, 1986 File #79-184 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the City's adoption of Section 125 of the Internal Revenue Code, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, Mary F. Parker, CHC City Clerk MFP:se cc: Mr. Witburn C. Dibling, Jr., City Attorney ~r. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Eric C. Turpin, Manager, Personnel Management Room 456 Municipal Building 215 C~urch Av~'~ue, S.W. Roanoke, Virginia 240t t (703) 981-2541 RECE[¥ED CITY CLERKS ~o~orable ~a¥or a~d City Council ~oa~o~e~ Virginia November 17, 1986 Dear Members of Council: Subject: Council Briefing - City Adoption of Section 125 of the Internal Revenue Code I. Background Council approved in concept, a recommendation to deduct employee health care premiums on a pre-tax basis (December 2, 1985 Council meeting). Section 125 of the Internal Revenue Code allows employee contributions to benefits to be deducted from gross pay before Federal, State and FICA taxes are computed. C. Tax Reform Act of 1986 did not eliminate the use of Section 125 plans for public employees. Lower taxable income saves employees on federal, state and social security taxes. Examples are included that illustrates the use of a employer pre-tax deduction. (See Attachment I) Eo Lower taxable income also saves on employer contribu- tions of social security taxes. Companies currently utilizing Section 125 plans include Sovran Bank, City of Lynchburg, and Roanoke City Schools. Go Any reduction in employee social security benefits may be more than offset by placing savings in an account such as a savings or IRA. II. Current Situation A. Administrative Action Plan to develop and implement an optional Section 125 Plan is as follows: Nov. 17 Nov. 18 City Manager's Briefing to City Council Invitation to Departmental Managers for Section 125 Informational Meeting Honorable Mayor and City Council Page 2 November 17, 1986 Nov. 24 Dec. 1-5 Dec. 3 Dec. 8 Dec 8-10 Dec. 12 Dec. 17-19 Jan. 7 Meet with Department Managers and explain Provide informational sheets and optional for each employee. Section 125. election forms Supervisors conduct informational meetings and hand out written explanations and optional election forms to employees. Document Draft of Section 125 Plan ready for Council consideration. Report to Council to consider adopting Section 125 plan. Informational meetings will be held by the City's Benefits Coordinator to answer any additional employee questions. Election forms due back to Personnel Management for verification and review. Election forms provided to Payroll Department for processing. Section 125 changes will be effective on this payroll. (first payday of 1987 calendar year) III. Conclusion is that this program will provide an option to each employee participating in the Group Medical Program to reduce current taxable gross wages. The amount of the reduction in gross earnings per participating employee will be the cost of Group Medical Insurance not provided by the City. (employee's share of insurance) This report is for Council's information and no action is required. Sincerely, ~er~ City Manager ATTACHMENT I The following example illustrates the tax savings generated by deducting family group medical premium before payroll taxes. Example uses employee with a $20,000 annual salary claiming four exemptions. Current Proposed GROSS PAY (Biweekly) Group Medical $769.23 $769.23 0.00 52.87 TAXABLE INCOME $769.23 $716.36 Less Deductions Federal $ 70.62 $ 61.63 F.I.C.A. 55.00 51.22 State 28.93 26.05 Group Medical 52.87 0.00 TAKE HOME PAY $561.81 $577.46 Annual Employee Savings: Annual Employer Savings: $406.90 $ 98.28 The following example illustrates the tax savings generated by deductible employee and one dependent Group Medical Premium before payroll taxes. Example uses employee with a $15,000 annual salary claiming two exemptions. Current Proposed GROSS PAY (Biweekly) Group Medical $576.92 $576.92 0.00 20.67 TAXABLE INCOME $576.92 $556.25 Less Deductions Federal $ 66.40 $ 62.47 F.I.C.A. 41.25 39.77 State 20.66 19.51 Group Medical 20.67 0.00 TAKE HOME PAY $427.94 $434.50 Annual Employee Savings: $170.56 Annual Employer Savings: $ 38.48 ATTACHMENT I (continued) The following example illustrates the tax savings generated by deducting single group medical premium before payroll taxes. Example uses employee with a $12,500 annual salary claiming two exemptions. Current Proposed GROSS PAY (Biweekly) Group Medical $480.77 $480.77 0.00 4.79 TAXABLE INCOME $480.77 $475.98 Less Deductions Federal $ 56.02 $ 55.11 F.I.C.A. 34.38 34.03 State 16.98 16.48 Group Medical 4.79 0.00 TAKE HOME PAY $368.60 $370.36 Annual Employee Savings: Annual Employer Savings: $ 43.16 $ 9.10 Note: City's monthly contribution of $54.00 is not considered as a component of pay as it is an option to employees to be enrolled in the Group Medical Plan. November 19, 1986 File ~255 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28446, providing for an adjustment of the fees charged at the Municipal Parking Garage, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco CC: Mr. Keith Hord, District Manager, APCOA, Inc., Oistrict Headquarters, 356 Sanderson Street, Suite A-l, Alcoa, Tennessee 37701 Mr. Bob Layman, Manager, Roanoke Municipal Parking Facility, 121 West Church Avenue, Roanoke, Virginia 24011 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William L. Brogan, Municipal Auditor ~r.. Kit B. Kiser, Director of Utilities and Operations Deborah J. Mos~, Chief, Bdllings and Colle~io~ *Added to c~bon copies on Novemb~ 16, 1987. Room456 ~niclpalBuildlng 215 Church A'v~nue, S.W. RoanoNe, V~rglnta24011 (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of November, 1986. No. 28446, VIRGINIA, AN ORDINANCE providing for an adjustment of the fees charged at the Municipal Parking Garage; and providing for an emergency. BE 1. be amended in accordance with the January 1, 1987: Element Each 1/2 hour Maximum 24 hours Monthly 5:00 to 9:00 p.m. weekdays and all day Saturday IT ORDAINED by the Council of the City of Roanoke that: The parking fees in the Municipal Parking Garage shall following schedule effective Rate $ .50 2.50 36.00 Free 2. In order to provide for the usual daily operation of municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: the City Clerk. RECE~¥ED CITY CLERKS OFFICE_ '86 N,]V 12 ~llR~noke, Virginia Iqovember 17, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Municipal Parking Garage - Rate Adjustment I. Background: A. Last adjustment to parking rates occurred effective September 1, 1985. B. Periodic and relatively small adjustments are more in trend with business practices than are infrequent but large adjustments. C. Free parking is provided on Saturdays and between 5:00 p.m. and 9:00 p.m. in the evenings. D. Survey of parking rates by APCOA, Inc. at surface lots and garages in the downtown area reveals: 1st 30-Minute Rate Rate that Rate No. of Facilities Having 35¢ 1 40¢ 1 45¢ 1' 50~ 9 60¢ 3 *Municipal Garage Rate Daily Rates No. of Facilities Havin~ Rate that Rate $1.50 1 $1.75 2 $2.00 5* $2.25 4** $2.75 2 $3.25 1 $3.85 I *Municipal Garage Early Bird Rate **Municipal Garage Maximum 24-hour Rate Page 2 Monthly Rate Rate $26.00 $28.50 $29.00 $31.00 $38.oo $42.00 Note: No. of Facilities Havin9 that Rate I - Jefferson Street at Williamson Road Garage 1 - Williamson Road Garage i - Church Avenue at Williamson Road Lot I - Municipal Garage Rate I - Market Square Garage 1 - Proposed for Campbell Court Ga- rage Many facilities do not have separate monthly rates. The monthly charge is the daily rate times the num- ber of working days per month. This equates to a $40.00 to $44.00 per month charge for parking in the downtown area. E. Cost of providing and administering parking deck space in today's market is approximately $60.00 per space per month. II. Current Situation: A. Parkin9 structure is managed by APCOA, Inc. B. Parkin9 rates are established by Roanoke City Council. C. Parkin9 demands in the downtown area are increasin9. D. Current and proposed rates are as follows: Type Rate Current Rate Each 30 minute period or portion thereof $0.45 Maximum 24 hour period $2.25 Early Bird (in by 9 a.m. and out by 6 p.m.) $2.00 Monthly $31.00 III. Issues in order of consideration are: Proposed Rate $0.50 $2.5o Delete $36.00 A. Competitive rates B. Downtown promotion C. Revenue D. Space replacement cost E. Timely adjustment Page 3 IV. Alternatives: A. Council approve the following: i. Establish the followin9 rates to be effective January 1, 1987: Each 30 minute time period (or portion thereof) $0.50 Maximum 24 hour period $2.50 Monthly $36.00 ii. Maintain free parking between the hours of 5:00 p.m. and 9:00 p.m., evenings and on Saturdays. 1. Competitive rates will still be maintained when compared to other lots and garages. Downtown promotion for workers and shoppers will be provided by providing parking at less than cost and by continuing free parking evenings and Saturdays. Revenue increase is estimated at $50,000 on an annualized basis or $25,000 for the last six months of FY 86-87. Rev- enue can be used for sweeper replacement and to help offset the debt service on the parking garage construction cost. 4. Space replacement cost and operating cost will still be about $25.00/month over the fees charged. 5. Timely adjustment in fees will be accomplished. B. Council refrain from adjusting the parking fees: 1. Competitive rates will be more than maintained. 2. Downtown promotion will be maintained as long as other sources of revenue can provide parking spaces. 3. Revenue increases will not occur. 4. Space replacement cost will get further ahead of revenue. 5. Timely adjustment in the fees will not be accomplished. Recommendation: Council adjust the parking fees in accordance with Alternative "A" with the effective date to be January 1, 1987. WRH:KBK:afm cc: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager Mr. Kit B. Kiser Director of Utilities and Operations Room 354, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 October 31, 1986 Dear Kit: APCOA recently reviewed the parking rates at the Roanoke Municipal Garage. As part of our review, we did an extensive s~rye¥ of the parking rates at garages and surface lots in the v~cznzty of the Garagel We found that the rates at the Garage are low compared with the rates at these other facilities. To bring the parking rates in line with rates charged else- where, I recommend that the rates be adjusted as soon as possible. In addition, the Early Bird Rate is customarily used to entice people to park at a new parking facility. Since this rate no longer serves its purpose, I recommend that it be dropped from the rate structure. I have listed the present and proposed rates below. Present Rates Proposed Rates Each ~ hour $ .45 Each ~ hour $ .50 Maximum 24 hours 2.25 Maximum 24 hours 2.50 Monthly 31.00 Monthly 36.00 As you know, the City will receive all of the additional revenue generated by this rate increase. Kit, please let me know if you have any questions or need more information. Sincerely, APCOA, INC. Keith Hord District Manager KH/ck APCOA, Inc./District HeadquarterK 356 Sanderson Street, Suite A-I, AlCOa, TN 37701 Telephone: 615/984-7421 Office of ~he November 18, 1986 File #169-277 Mr. Robert W. Hooper Executive Director Downtown Roanoke, Inc. 410 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hooper: I am enclosing copies of Resolution No. 28447, authorizing a revocable permit to Downtown Roanoke, Inc., for the attachment or installation of certain holiday decorations to certain City light standards and other facilities in the downtown area of the City, upon certain terms and conditions, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Please sign and return three copies of the Resolution to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Sincerely, Mary F. Parker, C~lC City Clerk MFP:se EriC. CC: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Manager, Signals and Alarms Mr. George C. Snead, Jr., Director of Administration Public Safety and Room456 MunlclpalBuilding 215 Church Avenue, S.W. Roanoke, Vlrginla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1986. No. 28447. A RESOLUTION authorizing a revocable permit to Downtown Roanoke, Inc., for the attachment or installation of certain holiday decora- tions to certain City light standards and other facilities in the downtown area of the City, upon certain terms and conditions. WHEREAS, Downtown Roanoke, Inc., (hereinafter "Permittee") has requested that City Council authorize Permittee to install certain holiday,decorations on City light standards and other facilities on certain str'eets in the Downtown Business District; WHEREAS, Council is desirous of granting the request of Per- mittee pursuant to certain terms and conditions. THEREFORE, BE IT RESOLVED by the Council of the City as follows: 1. Permission is hereby granted to Permittee to attach, in- stall and maintain certain holiday decorations on City light stan- dards and other facilities on Jefferson Street, Campbell Avenue and Church Avenue in the Downtown Business District pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective from November 22, 1986, through January 10, 1987; (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, growing out of or direct- of Roanoke RECE~E~ CITY CL~R~S OFFICE Roanoke, Virginia November 17, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Downtown Roanoke, Inc., Permit Request I. Background: City Council granted Downtown Roanoke, Inc., a permit (copy attached) in November, 1985, to install certain holiday deco- rations on City-owned light standards and other facilities along Jefferson Street, Campbell Avenue, and Church Avenue in the Downtown Business District. II. Current Situation: Downtown Roanoke, Inc., has requested permission to decorate these same City-owned light and traffic control standards again this year for a period beginning November 22, 1986, thru January 10, 1987, and has agreed to the same basic terms and conditions. III. A. Authority for Approval B. Permit Requirements IV. Alternatives: City Council grant Downtown Roanoke, Inc., permission to install and maintain holiday decorations on those City- owned light standards and other facilities along Jefferson Street, Campbell Avenue, and Church Avenue in the Downtown Business District for a period beginning November 22, 1986, thru January 10, 1987. Authority for approval or denial is solely City Council's. City Council has such authority. 2. Permit requirements the same as last year are suitable. B. City Council deny the request of Downtown Roanoke, Inc. 1. Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. Subject-~ Mayor and City Council Downtown Roanoke, Inc., Permit Request November ].7, 1986 Page 2 Recommendation is that City Council approve the appropriate measure, in a form acceptable to the City Attorney, to allow Downtown Roanoke, Inc., to install holiday decorations on certain City-owned light standards and other facilities along Jefferson Street, Campbell Avenue, and Church Avenue in the Downtown Business District. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:gs Attachment pc: City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Manager of Signals and Alarms Robert W. Hooper, Executive Director, Downtown Roanoke, Inc o IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18.th day of November, 1985, No. 27892. A RESOLUTION authorizing a revocable permit to Downtown Roanoke, Inc., for the attachment or installation of certain holiday decora- tions to certain City light standards and other facilities in the downtown area of the City, upon certain terms and conditions. WHEREAS, Downtown Roanoke, Inc., (hereinafter "Permittee") has requested that City Council authorize Permittee to install certain.holiday decorations on City light standards and other facilities on certain streets in the Downtown Business District; WHEREAS, Council is desirous of grantin8 the request of Per- mlttee pursuant to certain terms and conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Permittee to attach, in- stall and maintain certain holiday decorations on City lisht stan- dards and other facilities on Jefferson Street, Campbell Avenue and Church Avenue in the Downtown Business District pursuant to the following terms and conditions: (a) Such permit shall be revocable and shall be effective from November 15, 1985, through January 15, 1986; (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, growing out of or direct- (c) ly or indirectly resulting from the permission herein granted; Permfttee shall provide the Director of Public Works with a certificate of insurance namlng the City of Roanoke as an additional insured, providing liability Insurance in the amount of at least $300,000 for bodily injury and property damage combined; (d) Permlttee shall pay to the City $15.00 per day during the term of thls permlt for use of the City's electrical power and other incidental costs; (e) (f) Electrical equipment installed by Permtttee shall be UL approved for wet locations and installed pursuant to the National Electrical Code and the National Electrical Safety Code; No object shall be constructed, attached, in- stalled, erected, or maintained by Permtttee so as to obscure the view of any directional or informational sign by any operator of a motor vehicle or pedestrian; (g) Permitteee shall obtain any and all necessary permissions for construction, attachment, in- stallation, erection and maintenance of such object from any affected private property owners and the State Department of Highways and Transportation; (h) Permittee shall not install or attach any ob- Ject to any tree or shrub on City property. The City shall incur no cost as a result of grant of this permit; and (J) Permlttee shall give notice to the City's Direc- tor of Public Works prior to entry on City pro- perty for installation and maintenance of such holiday decorations; 2. This permit shall be in full force and effect at such time as a copy of this Resolution, duly signed, sealed, attested and acknowledged by permittee has been filed in the Office of the City Clerk. ATTEST: City Clerk. 2 ACCEPTED and EXECUTED by the undersigned this , 1985. day of DOWNTOWN ROANOKE, INC. ATTEST: Title -3- The Honorable Noel C. Taylor Mayor, City of Roanoke 215 Church Avenue, S. W. Roanoke, Virginia 24011 Dear Mayor Taylor: Once again, Downtown Roanoke, Inc. respectfully requests permission to install decorations on the new, City-owned lamp posts through- out the downtown area for the upcoming holiday season. Like last year, we envision alternating our red bows and lighted wreaths on posts along Jefferson Street, Campbell Avenue and Church Avenue. As always, we plan to have these decorations installed the weekend before Thanksgiving and removed by January 10. The actual installa- tion and removal would again be coordinated by the Vietnam Veterans of America. We ask that you give favorable consideration to our request and stand ready to provide any additional information you might re- quire. Sincerely, Robert W. Hooper Executive Director RWH;nbk cc - Guy W. Byrd W. Robert Herbert V/ DOWNTOWN ROANOKE, INCORPORATED 410FIRSTSTRE.£T.S W · ROANOKE. VIRGINIA24011 . (703) 342-2028 C~flce of I~e ~/ November 18, 1986 File #42-169 Mr. Ted Moomaw President Roanoke Area Market Association P. O. Box 13814 Roanoke, Virginia 24034 Dear Mr. Moomaw: ! am enclosing copies of Resolution No. 28448, authorizing a revocable permit to Roanoke Area Market Association for the attachment or installation of certain holiday decorations to light poles and support beams of the farmers' stalls in the City Market Area, upon certain terms and conditions, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Please sign and return three copies of the Resolution to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Si n cerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Manager, Signals and Alarms Mr. George C. Snead, Jr., Director of Administration and Public Safety I:~om456 Munlcll~alBul~ing 215 Church A~ue, S.W. Roanoke, Vlrginla24011 (703)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1986. No. 28448. A RESOLUTION authorizing a revocable permit to Roanoke Area Market Association for the attachment or installation of certain holiday decorations to light poles and support beams of the far- mers' stalls in the City Market Area. upon certain terms and con- ditions. WHEREAS, Roanoke Area Market Association (hereinafter "Permittee") has requested that City Council authorize Permittee to install cer- poles and support beams of the far- of Per- of Roanoke rain holiday decorations on light mers' stalls in the City Market area; WHEREAS, Council is desirous of granting the request mittee pursuant to certain terms and conditions. THEREFORE. BE IT RESOLVED by the Council of the City as follows: 1. Permission is hereby granted to Permittee to attach, in- stall and maintain certain holiday decorations on light poles and support beams of the farmers' stalls in the City Market Area pursuant to the following terms and conditions: (a) (b) Sueh permit shall be revocable and shall be effective from November 22. 1986, through January i0, 1987; Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property. including City property, growing out of or direct- ly or indirectly resulting from the permission herein granted; (d) (e) (f) (g) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing liability insurance in the amount of at least $100,000 for bodily injury and property damage combined; No object shall be constructed, attached, installed, erected, or maintained by Permittee so as to obscure the view of any directional or informational sign by any operator of a motor vehicle or pedestrian; Permitteee shall obtain any and all necessary per- missions for construction, attachment, installation, erection and maintenance of such objects from any affected private property owners and the State Department of Highways and Transportation; Permittee shall not install or attach any object to any tree or shrub on City propertyt The City shall incur no cost as a result of grant of this permit; and (h) Permittee shall give notice to the City's Director of Publ'ic Works prior to entry on City property for instal- lation and maintenance of such holiday decorations; 2. This permit shall be in full force and effect at such time as a copy of this Resolution, duly signed, sealed, attested and acknowledged by permittee has been filed in the Office of the City Clerk. ATTEST: ACCEPTED and EXECUTED by the undersigned this 1986. City Clerk. __day of ROANOKE AREA MARKET ASSOCIATION ATTE ST: By, Title 2  RECE~¥ED~ , CITY CLERtfS OFFICE RAMA inc. 'itl~o,O~I 3~.1 a,~ROanoke, VA 24034 November 17, 1986 Mr. Robert Herbert City of Roanoke Municipal Building Roanoke, Virginia 24011 Dear Mr. Herbert: The Roanoke Area Market Association would like to request permission from the City Administration and City Council to hang natural greenery from the light poles and the support beams of the farmers stalls in the City Market Area, The purpose of this would be to decorate for Christmas, We would also be responsible for removal of same after the holidays. This would be done in connection with Downtown Roanoke, Inc~ project of decorating the downtown area, The Roanoke Area Market Association has placed natural greenery in this area for the past 5 years, Your consideration of this matter is greatly appreciated Sincerely Ted Moomaw President Roanoke Area Market Association November 19, 1986 File #192 Lee Hartman & Sons, Inc. 3236 Cove Road, N. W. Roanoke, Virginia 24017 Gentlemen: I am enclosing copy of Ordinance No. 28449, accepting your pro- posal made to the City for furnishing, delivering and installing certain sound system improvements at the Roanoke Civic Center Coliseum, for the sum of $30,447.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk ~lFP:se Enco cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director of Public Works Mr. Alfred T. Beckley, Jr., Manager, Communications and Room 456 Munldl~al Building 215 Church A~'~ue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of November, 1986. No. 28449. VIRGINIA, AN ORDINANCE providing for the purchase of certain sound equipment for use in the Roanoke Civic Center Coliseum, upon certain terms and conditions, by accepting a bid made to livering and installing such equipment; emergency. the City for furnishing, de- and providing for an BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Lee Hartman & Sons, ing to furnish, deliver and install for improvements at the Roanoke Civic Center $30,447.00, is hereby ACCEPTED. 2. The City's Manager of General Services directed to issue the requisite purchase order into said order the City's specifications, Inc., made to the City offer- the City certain sound system Coliseum for the sum of proposal, 3. municipal ordinance is authorized and therefor, incorporating the terms of said bidder's and the terms and provisions of this ordinance. In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia November 17, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BID FOR CIVIC CENTER SOUND SYSTEM, PHASE I, BID NUMBER 86-10-51 I concur with the recommendation of the bid committee relative to the above subject and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/DDR/ms cc: City Attorney Director of Finance Roanoke, Virginia November 17, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid for Civic Center Sound System, Phase I, Bid No. 86-10-51 Background A. Civic Center sound system improvements are scheduled to be completed in phases which are as follows: 1. Phase I - Addition to center cluster for floor and corner coverage. 2. Phase II - Rework existing sound equipment on the center cluster. 3. Phase III - Rework stage cluster. B. Altec center sound cluster was installed in 1971 as part of the ori- ginal building equipment. C. Existing sound system is not adequate to project sound to floor level and the four corners of the Coliseum. D. General public and press reporters have expressed concern of the inadequate sound system. E. Requests for quotation were specifically sent to seven (7) companies currently on the City's bid list. F. Bids were received, after due and proper advertisement, in the office of Manager of General Services. All bids so received were publicly opened and read at 2:00 P.M., on November 7, 1986. G. One (1) bid response was received. H. Funds were provided in the Civic Center 1986-87 capital budget to complete Phase I improvements to existing sound system. Honorable Mayor and City Council Page 2 November 17, 1986 II. Current Situation Bids were evaluated by representatives from Communications, Civic Center, General Services and Administration and Public Safety. Virginia Tech and Wake Forest Basketball is scheduled in the Coliseum December 22, 1986. In~rovements to the sound system are desired by this date. III. Issues A. Need B. Compliance with Specifications C. Fund Availability IV. Alternatives Award the bid to Lee Hartman & Sons, Inc., to furnish and install Phase I improvements to the present Coliseum center sound cluster for the total amount of $30,447.00. Installation to be completed in 4--0 consecutive days after award. 1. Need - Addition to existing sound system is necessary for ade- quate support of Civic Center events. 2. Compliance with Specifications - Bid submitted by Lee Hartman & Sons, Inc. meets all required specifications. 3. Fund Availability - Funds are available in the Civic Center Capital Outlay Account Number 005-050-8600-9015. B. Reject all bids 1. Need - The inadequate condition of the existing sound system would not be addressed. 2. Compliance with Specifications - Would not be an issue in this alternative. 3. Fund Availability - Designated funds would not be expended. Honorable Mayor and City Council Page 3 November 17, 1986 V. Recommendation Concur with Alternative "A" award the bid to Lee Hartman & Sons, Inc. to furnish and install Phase I improvements to the present Coliseum center sound cluster for the total amount of $30,447.00. Installation to be completed in 4--0 consecutive days after award. Respectfully submitted, GCS:BEC:vn cc: City Attorney Director of Finance Snead D. D. Roupe ~ -- November 19, 1986 File #79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: Your joint report with regard to the request of the Free Clinic of Roanoke Valley, Inc., for endorsement of an amendment to the Code of Virginia, to provide for an exemption from the State Retail Sales and Use Tax for free clinics, recommending that Council not endorse the request, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 17 1986. ' On motion, duly seconded and unanimously adopted, Council con- curred in the recommendation. Sincerely, Mary F. Parker, C~,IC City Clerk MFP:se cc: Mr. Henry C. Wolf, Assistant Vice President - Tax Counsel, Norfolk Southern Corporation, 8 North Jefferson Street, Roanoke, Virginia 24042 Free Clinic of Roanoke Valley, Inc., 1001 Third Street, S. W., Roanoke, Virginia 24016 Mr. Gordon E. Peters, City Treasurer Mr. Jerome S. Howard, Jr., Commissioner of Revenue Room 456 Muni¢ll:x~l Building 2~15 Church Av~'~u~, .5.W. Ro~u::~, Vlrgtnl~ 24011 (703) 981-2541 WILBURN C, DIBLING, JR, OFFICE OF THE CITY ATTORNEY .464 MUNICIPAL BUILDING ROANOKE. VIRGINIA 2,401 703-981-2,43 ! November 17, 1986 The Honorable Mayor of City Council Roanoke, Virginia and Members Re: Request of Free Clinic of Roanoke Valley, Inc. Dear Mrs. Bowles and Gentlemen: At the Council meeting of October 27, 1986, Council had before it a request from the Free Clinic of Roanoke Valley, Inc., that City Council endorse an amendment to the Code of Virginia by the 1987 Session of the General Assembly to provide for exemp- tion from sales and use taxes of tangible personal property pur- chased by free clinics furnishing health care services by licensed physicians and dentists where no charges are made for such health care services. City Council referred this request to the City Manager, Director of Finance, and City Attorney for review and report. Supplies and equipment purchased by the Free Clinic are cur- rently subject to the Virginia Retail Sales and Use Tax. This tax in the amount of 4 percent, one percent of which is returned to localities, is administered and collected by the State. A number of nonprofit, charitable organizations are exempted from the State tax. These organizations include colleges, hospitals, nursing homes, homes for adults, public television stations, food banks, volunteer rescue squads and churches. There are also a number of worthwhile nonprofit, charitable organizations which have not been exempted from this tax by the General Assembly. Unlike in the case of exemption from real property taxation where a resolution of the relevant local governing body is re- quired as a prerequisite to consideration of a requested exemp- tion by the General Assembly, there is no similar requirement that local governing bodies act on requests for exemptions from the State sales and use tax. To the best of our knowledge, no request for an exemption from the Virginia Retail Sales and Use Tax has ever been presented to City Council for an endorsement. It would appear that the endorsement of this request by City Council would create a precedent for many similar requests from other similar organizations. The Honorable Mayor and Members of City Council November 17, 1986 Page 2 Since the Virginia Retail Sales and Use Tax is a State ad- ministered and collected tax, we believe that the question of exemption is one more properly addressed to the General Assembly. It is our recorr~nendation that Council not endorse this or other similar requests for exemption from the sales and use tax. We further recor~nend, however, that Council interpose no objection to the request of Free Clinic of Roanoke Valley, Inc. Respectfully submitted, W. Robert Herbert City Manager Wi lburn ~:~---~1 ing, City Attorney WRH/WCD/JMS:ff CC: Henry C. Wolf, Assistant Vice President Norfolk Southern Corporation Free Clinic of Roanoke Valley, Inc. - Tax Counsel, Office c~ the City Oen~ November 13, 1986 Mr. Henry C. Wolf Free Clinic of Roanoke Val Assistant Vice President 1001 Third Street, S. W. Tax Counsel Roanoke, Virginia 24016 Norfolk Southern Corporation 8 North Jefferson Street Roanoke, Virginia 2~042 Gentlemen: This is to advise you that the enclosed report is included on the agenda of the Council of the City of Roanoke for its meet- ing on Monday, November 17, 1986. The meeting will be held at the William Fleming High School, and will begin at 7:30 p.m. Sincerely, ey, Inc. MFP:js Enc. Mary F. Parker, CMC City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98"1-2541 November 19, 1986 File ~60-184 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28450, amending and reor- daining certain sections of the 1986-87 General and Internal Service Funds Appropriation Ordinances, to provide for changes which will reduce departmental salary budgets and decrease the budgeted lapse account by the same amount, in connection with the first quarter personnel lapse, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. cc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Barry L. Key, Manager, Budget and Systems Mr. David Dew, Budget/Management Analyst Room 456 Munlcll3al Building 215 (3~urch Av~aue, $.W. Roanoke, ~lnla 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of November, 1986~ No. 28450 VIRGINIA, WHEREAS, Government of exist. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General and Internal Service Funds Appropriation Ordinances, and providing for an emergency. for the usual daily operation of the Municipal the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1986-87 General and Internal Service Funds Appropriation Ordinances be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations City Clerk (1) ............................ Director of Finance (2) ................. Billings and Collections (3) ....... Commissioner of Revenue (4) ...... Treasurer (5) .................... Real Estate Valuation (6) ........ General Services (7) ............. Personnel Management (8) ......... Police Investigation (9) ....... .. Police Patrol (10) ............. Fire - Suppression (11) '' Jail (12) ............ .- [~1~[1[[[[[~'~1' [~1 [[' Street Maintenance (13) .................. Communications (14) ...................... Signals and Alarms (15) ....... ~ .......... Refuse Collection (16) ................... Custodial Services (17) .................. Engineering (18) ......... .. Grounds Mazntenance (20) .... 224 255 957.589 659349 662 396 638 679 618 260 461 665 490 992 1,507 647 5,588 185 7,607 721 2,724 167 2,100 662 916 786 581 679 2,926,979 825,406 1,011,439 2,574,560 2,491,723 Social Social Employment Services (23) ..... Nursing Home (24) ............ Parks and Recreation (25) .... Libraries (26) ............... Community Planning (27) ...... Personnel Lapse (28) ......... Services - Income Maintenance (21) ........... $2,402,194 Services - Services (22) ........ 3,773,811 322,012 990,243 1,122,366 1,440,409 259,460 (462,600) Revenue Commissioner of Revenue (29) 156,600 Treasurer (30) .............. ]]]]]]]]]~:]]]]]]]]]]]]]$ 189,000 Sail (31) ........................................... 2,220,000 Social Services - Income Maintenance (32) ........... 2,067,800 Social Services - Services (33) ..................... 3,175,200 Employment Services (34) ............................ 314,500 Internal Service Fund Appropriations City Information Systems (35) ....................... $1,845,843 Utility Line Services (36) .......................... 2,544,568 Motor Vehicle Maintenance (37) ...................... 1,639,036 Personnel Lapse (38) ................................ (75,000) (1) Regular Employee Salaries (2) Regular Employee Salaries (3) Regular Employee Salaries (4) Regular Employee Salaries (5) Regular Employee Salaries (6) Regular Employee Salaries (7) Regular Employee Salaries (8) Regular Employee Salaries (9) Regular Employee Salaries (10) Regular Employee Salaries (11) Regular Employee Salaries (A001-001-1120-1002) $( 500) (A001-004-1231-1002) 6,500 (A001-004-1232-1002) ( 6,500) (A001-022-1233-1002) ( 800) (A001-020-1234-1002) ( 4,000) A001-022-1235-1002) ( 8,000) A001-050-1237-1002) ( 5,000) A001-050-1261-1002) ( 2,500) A001-050-3112-1002) ( 800) A001-050-3113-1002) (45,000) A001-050-3213-1002) (15,000) (12) Regular Employee Salaries (13) Regular Employee Salaries (14) Regular Employee Salaries (15) Regular Employee Salaries (16) Regular Employee Salaries (17) Regular Employee Salaries (18) Regular Employee Salaries (19) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (23) Regular Employee Salaries (24) Regular Employee Salaries (25) Regular Employee Salaries (26) Regular Employee Salarzes (27) Regular Employee Salarzes (28) Personnel Lapse (29) Commissioner of Revenue (30) Treasurer (31) Jail (32) Social Services Income Maintenance (33) Social Services Services (34) Employment Services (35) Regular Employee Salaries (36) Regular Employee Salaries (37) Regular Employee Salaries (38) Personnel Lapse (2O) (21) (22) (A001-024-3310-1002) (A001-052-4110-1002) (A001-052-4130-1002) A001-052-4160-1002) A001-052-4210-1002) A001-052-4220-1002) A001-052-4310-1002) A001-052-4330-1002) A001-050-4340-1002) (A001-054-5313-1002) (A001-054-5314-1002) (A001-054-5316-1002) (A001-054-5340-1002) (A001-050-7110-1002) (A001-054-7310-1002) (A001-052-8110-1002) (A001-002-9410-1090) (R001-020-1234-0612) (R001-020-1234-0613) (R001-020-1234-0651) (R001-020-1234-0620) (R001-020-1234-0621) (R001-020-1234-0626) (A006-050-1601-1002) (A006-056-2625-1002) (A006-052-2641-1002) (A006-002-9411-1090) $(10,000) (13,000) (13,000) (4,000) (11,000) ( 600) (10,000) (9,OOO) (12,000) (9,OOO) (6,OOO) ( 5OO) (2,000) (3,500) (1,000) (1,200) 162,500 400) 2,000) 10,000) 7,200) 4,800) 500) 1,500) (18,500) (5,000) 25,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk CITY CLI']iK S '86 N V13 .q8:5 DATE: TO: FROM: SUBJECT: November 17, 1986 Honorable Mayor and Members of City Council Joel M. Schlanger and W. Robert Herbert First Quarter Personnel Lapse The 1987 fiscal year General Fund budget includes $650,000 of anticipated lapse of salary and wages. The majority of changes on the attached budget ordinance will reduce departmental salary budgets and decrease the budgeted lapse account by the same amount. The total salary lapse remaining will be as follows: Original budgeted amount First quarter lapse realized Total Unrealized $ 650,000 (162~500) $ 487~500 We recommend the adoption of the attached ordinance. City Manager JMS:WRH:dp November 20, 1986 File #58-63-70 Mrs. Eglenna F. Cassell 2607 Floraland Drive, N. W. Roanoke, Virgin.ia 24012 Dear Mrs. Cassell: I am enclosing copy of Resolution No. 28451, waiving certain statutory Workers' Compensation Act liens, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room 456 Municipal Bulldll'~l 2t 5 C~urch A~'~e, S.W, Roanoke, ~lrglnla 24011 (703) 98t-2541 November 20, 1986 File #58-63-70 Mrs. Carolyn W. Helm 848 30th Street, N. W. Roanoke, Virginia 24017 Dear Mrs. Helm: I am enclosing copy of Resolution No. 28451, waiving certain statutory Workers' Compensation Act liens, w~ich Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room456 MunlcipalBulldlng 215Chur~Av~que, S.W. Roanc~e,N~rglnla24011 (703)981-2541 November 20, 1986 File #58-63-70 Mr. Ross C. Hart Attorney 308 Second Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hart: ! am enclosing copy of Resolution No. 28451, waiving certain statutory Workers' Compensation Act liens, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room 456 Muntcil:~l Bulk:ling 2t50~urah A,,~c~ue, $.W. Roono~e, ~rg~lo 24011 (703) 981-2541 November 20, 1986 File #58-63-70 Mr. Gordon H. Shapiro Attorney 347 Highland Avenue, S. W. Roanoke, Virginia 24016. Dear Mr. Shapiro: I am enclosing copy of Resolution No. 28451, waiving certain statutory Workers' Compensation Act liens, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room456 MuniclpalBuildlng 215¢~¢'~nAv~"~ue, S.W.l~oonoke, Vlrginia24011 (703)98t-2~1.1 November 20, 1986 File #58-63-70 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 28451, waiving certain statutory Workers' Compensation Act liens, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jerry W. Kerley, Fire Chief Mr. Eric C. Turpin, Manager, Personnel Management Room456 MunlcipalBuildlng 2150.~u~chAv~ue, S.W.l~e,~rglnla24011 (703)981-2541 IN Tltg COUNCIL OF TItE CITY OF ROANOKI/, The 17th day of November, 1986. No. 28451. VIRGINIA, Ac t A RESOLUTION waiving certain I i ens. statutory Workers' Compensation WHEREAS, Fire Captain Robert G. Cassell and Firefighter Harvey H. Helm were killed in a tragic accident while in the performance of their duties on November 1, 1985; WHEREAS, the City of Roanoke has paid and will continue to 'pay substantial Workers' Compensation Act benefits to the estates of Cassell and Helm; WHEREAS, the estates of Cassell and Helm have sued the driver of the vehicle which struck and killed the two firefighters, and a settlement of that case has been proposed; WHEREAS, pursuant to 6§65.1-41 and 65.1-42, Code of Virginia (1950), as amended, the City of Roanoke has a statutory lien for the amount of the Workers' Compensation Act benefits paid on behalf of Cassell and Helm, which sum exceeds the amount of insurance proceeds available for estates; and WHEREAS, given the settlement of the case brought by their tragic nature of the accident in which Captain Cassell and Firefighter Helm were killed in the line of duty, and the limited amount of insurance carried by the driver of the vehicle which killed them, and the fact that this amount must be shared with the estate of Brenda D. Downs. a citizen who was also killed in the accident, this Council desires to waive the City's lien on the City's share of the settlement proceeds. THEREFORE, BE IT RESOLVED by the Council of the City of Roa- noke that the City, in order that the widows and children of Robert G. Cassell and Harvey H. Helm might share in the settle- ment proceeds of the suit they have brought, hereby waives its Workers' CompenSation Act lien against these proceeds. BE IT FURTHER RESOLVED that forward attested copies of this widow, Eglenna F. Cassell, and Carolyn W. Helm, and to their legal the City Clerk is directed to resolution to Captain Cassell's to Firefighter Helm's widow, counsel. ATTEST: City Clerk. OFFICE~ OF' THE: CITY ATTOI~NE:Y 464 MUNICIPAL BUILDING ROANOKE. VIRGINIA 24011 703-981-2431 November 17, 1986 The Honorable ~yor and Members of City Council Roanoke, Virginia Re: Waiver of Workers' Compensation lien Dear Mrs. Bowles and Gentlemen: As you have requested, I am forwarding for your considera- tion a resolution waiving the statutory liens pursuant to the Workers' Compensation Act which the City of Roanoke has towards the insurance proceeds from the policy of the driver whose vehicle struck and killed Fire Captain Robert G. Cassell and Firefighter Harvey H. Helm on November 1, 1985, while they were performing duties as firefighters. I would be pleased to respond to any questions that the mem- bers of Council may have with regard to this matter. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, ,Ir. City Attorney WCDJr:fcf Attachment cc: W. Robert Herbert, City Manager November 20, 1986 File #67 Marsteller Corporation P. O. Box 13226 Roanoke, Virginia 24032 Gentlemen: I am enclosing copy of Ordinance No. 28452, accepting your pro- posal made to the City for flood damage repair to the Community Center at Norwich Park, in the total amount of $12,697.~0, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 17, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Mr. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Construction Cost Technician Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation/Grounds Maintenance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Barry L. Key, Manager, Budget and Systems Room 456 Municipal Building 215 Church Avenue, 5.W. Roanc~e, Virginia 2401 t (703) 98t-2541 [N THE COUNCIE OF THE CITY OF ROANOI~E, The 17th day of November, 1986. No. 28452. VIRGINIA, AN ORDINANCE accepting the bid of Ma rsteller Corporation for flood damage repair to the Community Center at Norwich Park, upon certain terms and conditions, and awarding a contraot therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of ?,~rsteller Corporation made to the City in the total amount of $12,697.00 for flood damage repair to the Community Center at Norwich Park, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the sue- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Counoil. 3. Any and all other bids made to the City for the afore- said work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to elation for such bid. 4. In order to provide for the usual municipal government, ordinance shall be in each the City's appre- daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. A~FEST: City Clerk. RECE{VE~ C{TY CLEI~S g~'?i[;E Roanoke, Virginia November 17, 1986 '86 NOV 12 ~1]1 :t.? Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Flood Damage Repair Community Center Norwich Park Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Sincerely, W. Robert Herbert City Manager WRH/LBC/mm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Construction Cost Technician Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia November 17, 1986 Dear Members of Council Subject: Bid Committee Report Flood Damage Repair Co~mmunity Center Norwich Park Roanoke, Virginia I. Back,round: City Council, at its October 27, 1986 meeting, publicly opened and read aloud bids for Flood Damage Repair to the Community Center in Norwich Park. B. One bid was received for this repair with Marsteller Corporation bidding $12~697.00 and 45 consecutive calendar days. The flood of November 4~ 1985 caused excessive settlement of the floor slabs in the two large assembly rooms of the Community Center. The slabs remained level at the room entrances and settled uniformly to the front of the room. This project is to correct this settlement from a zero level to a maximum of 2" of settlement at the maximum point of settlement. This project is to provide the material as specified that can be placed in two inch thickness and also feathered to zero. Prices were solicited from the two firms that install this type of material in July, Marsteller Corporation and Warren Brickhouse. Both prices exceeded the Purchase Order limit and had to be rejected and re-bid as a contract item. Marsteller Corporation's bid at that time was approximately $300.00 less than his submitted quotation. This amount is about the cost of the project bond and insurance required with the contract work. The two bids in July were within about $100.00 of each other. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Fundin~ of the project. D. Time of completion. Page 2 III. Alternatives are: Award a lump sum contract in the amount of $12,697.00 and forty- five (45) consecutive calendar days to Marsteller Corporation of Roanoke, Virginia for Flood Damage Repair in the Community Center at Norwich Park according to the contract documents as prepared by the City Engineer's Office. 1. Compliance of the bidder with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable (see I-C and D). Be Fundin~ for this project is from Account Number 008-002-9574-9154 for the exact amount of the contract. Any change order required during the course of the project will be handled administratively or by Council as required. 4. Time of completion is quoted as forty-five (45) consecutive calendar days which is acceptable. B. Reject the bid and do not award a contract at this time. 1. Compliance of the bidder with the requirements of the contract documents would not be an issue. 2. Amount of the bid would probably increase if re-bid at a later date. 3. Fundin~ would not be encumbered at this time. Time of completion would be extended. The corrective work needs to be accomplished so the Community Center can be placed back in operation. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative 'A'. Authorize the City Manager to enter into a contractural agreement with Marsteller Corporation of Roanoke, Virginia for Flood Damage Repair at the Community Center in Norwich Park according to the contract documents as prepared by the City Engineer's Office in the amount of $12,697.00 and forty-five (45) consecutive calendar days. Page 3 C. RAG/LBC/dlh Attachment: cc: Approve the encumberance of $12,697.00 in Account Number 008-002-9574-9154 for this project. Respectfully submitted, Robert A. Garland, Chairman Kit B. Kiser ~eorge ~. Snead, Jr. Tabulation of Bids City Manager City Attorney Director of Finance Director of Public Works Budget and Systems Construction Cost Technician TABULATION OF BIDS FLOOD DAMAGE REPAIR COMMUNITY CENTER NORWICH PARK ROANOKE, VIRGINIA Bids opened before City Council on October 27, 1986 at 2:00 P.M. NO. OF BIDDER LUMP SUM BOND DAYS Marsteller Corporation $12,697.00 YES 45 Engineer's Estimate: $14,000.00 ~~d , Chairman Kit B. Kiser Gear e C. Snead, Jr. Office of City Engineer Roanoke, Virginia November 17, 1986 C)f~ce o~ ~he Oh/ October 29, 1986 File #67 Mr. Robert A. Garland, Chairman ) Mr. George C. Snead, Jr. ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bid for flood damage repair to the Community Center in Norwich Park, was opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, October 27, 1986: Marsteller Corporation $12,697.00 On motion, duly seconded and unanimously adopted, the bid was referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Marsteller Corporation, P. O. Box 13226, Roanoke, Virginia 24032 Mr. Wilburn C. Dibling, Jr., City Attorney Room456 MunlclpalBuildlng 215 Church Avenue, S.W. Roano~e, Vlrglnla24011 (703)981-2541 November 20, 1986 File #51 Mr. Byron R. Dickson President Oickson Architects & Associates/PC 1701Grandin Road, S. W.. Roanoke, Virginia 24015 Mr. Thomas E. Carr, Jr. 1034 Old Country Club Rd., N. W. Roanoke, Virginia 24017 Gentlemen: I am enclosing copy of Ordinance No. 28425, rezoning certain tracts of land containing 2.1243 acres, located on Old Country Club Road, N. W., designated as Official Tax Nos. 2660604, 2660601, 2660701, 2660702 and 2660703, from RS-3, Single Family Residential Oistrict, to C-1, Office and Institutional District, subject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, November 10, 1986, also adopted by the Council on second reading on Monday, November 17, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Ic~:x:~456 Munlcll:~lBulldlng 215Chura~Av~ue,$.W.l:~oc:~oke.~rglnla24011 (70~)981-254¢ Mr. Byron R. Dickson Mr. Thomas E. Carr, Jr. Page 2 November 20, 1986 cc: Virginia Methodist Homes, Inc., 4016 West Broad Street, Richmond, Virginia 23230 Roanoke United Methodist Home, 1009 Old Country Club Road N. W., Roanoke, Virginia 24017 ' Mr. Eugene A. Hawthorne, 3225 Viewmont Circle N. W Roanoke, Virginia 24017 ' '' Roanoke Country Club, 3360 Country Club Road, N. W. Roanoke, Virginia 24017 ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William. F. Clark, Director.of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of November, 1986. No. 28425. VIRGINIA, AN ORDINANCE to amend §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. Council notice (1979), WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional 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 §36-541, 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 at its meeting on November 10, 1986, after due and timely thereof as required by §36-541, Code of the City of Roanoke as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after tion, the recommendation made to Commission, oonsidering the aforesaid applica- the Council by the Planning 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 §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as five contiguous tracts of land, containing 2.1243 acres, three of which front on Old Country Club Drive~ N. designated on Sheet No. 266 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2660604, 2660601, 2660701, 2660702 and 2660703, be, and is hereby rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional District, sub- ject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on September 25, 1986, and that Sheet No. 266 of the Zone Map be changed in this respect. AT£EST: City Clerk. RECEFvED CITY CLEF:(<S O;F)r,E Roanoke City Planning Commission November 10, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Thomas E. Carr, Jr., and Byron R. Dickson that a tract of land lying on Old Country Club Road, N.W., containing 2.1243 acres, and designated as Official Tax Nos. 2660604, 2660601, 2660701, 2660702 and 2660703, be rezoned from RS-3, Single Family Residential District, to C-i, Office and Institutional District, such rezoning to be subject to certain conditions proffered by the petitioners. I. Back~round: Purpose of the rezoning is to permit the use of the "Mountcastle home" as a professional office to house the architectural office of Dickson Architects and Associates. Properties owned by Mr. Carr were included in the petition in order to meet the two (2) acre mimimum requirement for rezoning to a commercial use set out in Section 36-538 of the zoning ordinance. C. Petition includes the following proffered conditions: Property owned by Thomas E. Carr (tracts 2660703 and 2660604) will remain residential and for land use purposes be governed by those regulations identified in the zoning ordinance pertaining to RS-3, Single Family Residential District. 2J Property for which Byron R. Dickson has a contract to purchase from Mr. Robert B. Mountcastle (tracts 2660601, 2660701 and 2660702) will be used only for professional offices as defined in the zoning ordinance under the zoning classification C-I, Office and Institutional District. The existing architectural style and character of the "Mountcastle home" will be maintained. Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 II. Current Situation: Planning Commission held a public hearing on October 1, 1986. There was no citizen opposition voiced at the hearing. III. Issues: A. Land use. B. Zoning. C. Neighborhood. D. Comprehensive Plan. IV. Alternatives: A. City Council approve the request. Land use of the "Mountcastle home" changes from single family residential to office commercial. The remainder of the area included in the rezoning is limited to single family dwellings. Zoning changes from RS-3 to C-1. The proffered conditions should also serve to establish this rezoning as a unique situation (preserving an architecturally significant building) and should not serve to attract additional commercial development. Neighborhood should be positively affected by the preservation of an architecturally significant building. Comprehensive Plan encourages compatibility of commercial and residential uses and the reuse of existing structures to preserve our built environment. The rezoning complies with the intent of the Comprehensive Plan. B. City Council deny the rezoning request. 1. Land use will remain single family residential. 2. Zoning remains RS-3. 3. Neighborhood character is preserved. 4. Comprehensive Plan is followed. IV. Recommendation: By a vote of 6-0 (Mr. Price absent) the Commission recommended to the City Council that the rezoning request be approved. The proposal offers the preservation of an existing, important building while maximizing compatibility with the adjoining neighborhood. SSG:JEM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner Respectfully submitted, ~Susan S. Goode, Chairwoman Roanoke City Planning Co~ission IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA RECEiYLD CITY CLEI~S OFFICE 1. The petitioners, Thomas E. Carr, Jr. and Byron R. Dicksou, own, and have a contract to purchase respectively, contiguous tracts which together form a certain tract of land located in the City of Roanoke, Virginia, containing 2.1243 acres, located on Old Country Club Road, and designated on Roanoke City Appraisal Maps as Official Tax Numbers 2660604, ~660601, 2660701, 2660702, and 2660703; the said tract is currently zoned RS-3, Single-Family Residential District. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article'VII [and Article VIII in the case of a conditional rezouing] of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RS-3, Single-Family Residential District, to C-l, Office add Institutional District subject to certain conditions set forth below for the purpose of converting the "Mountcastle Home" into a professional office to house the architectural office of Dickson Architects and Associates. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance add its comprehensive plan, in that it will provide an excellent transitional use compatible with present neighborhood activities. Also, proper preservation of existing architectually significant structures will benefit the neighborhood and the City. TO THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE: COUNCIL OF THE CITY OF Rezouing of a tract of lana lyiug ,lo g) )'86 Old Country Club Road, N.W., adjacent to Roanoke Country Club and the Roanoke ) PETITION United Methodist Home. from RS-3, Single- ) TO Family Residential District, to C-I, ) REZONE Office and Institutional District, subject ) to certain conditions. ) tract is and that The petitioners hereby proffer rezoned as requested, that the the petitioners will abide by, and agree that if the said rezoning will be subject to, the following conditions: be Property owned by Thomas E. Cart (tracts 2660703 and 2660604) will remain residential and for land use purposes be governed by those regulations identified in the zoning ordinance pertaining to RS-3, Single-Family Residential District. Property for which Byron R. Dickson has a Contract to purchase from Mr. Robert B. Mountcastle (tracts 2660601, 2660701 and 2660702) will be used only for professional offices as defined in the zoning ordinance under the zoning classification C-I, Office and Institutional. We will operate out of and maintain both the structure and site of the "Mountcastle home" without changing the existing Architectural style and character. 5. Attached as Exhibit B are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street road from the property to be rezoned. WHEREFORE, the petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted, -~Thomas E. Carr, Jr~/ L EXHIBIT B NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNERS Tracts: 2540102 2550101 2660602 2660605 2660606 2660704 Roanoke United Methodist Home 1009 Old Country Club Road, N.W. Roanoke, Virginia 24017 Roanoke Country Club 3360 Country Club Drive, Roanoke, Virginla 24017 Mr. Eugene A. Hawthorne 3225 Viewmont Circle, N.W. Roanoke, Virginia 24017 Roanoke United Methodist Home 1009 Old Country Club Road, N.W. Roanoke, Virglnla 24017 Roanoke United Methodist Home 1009 Old Country Club Road, N.W. Roanoke, Virginia 24017 Roanoke United Methodist Home 1009 Old Country Club Road, N.W. Roanoke, Virginia 24017 .P R 0 I) 0 S I:' I) I;II:.Z()NING .q$'-$ 'To ¢-1 SCALE: 0 0' 06 ~C, ANOKE TI~ES ~ >;C~'LD-~,~EWS NUMBER - 231 z*b2z* PUBLISHER*S FEE - DI£KSON ARCH ASSOC 1701 GRANDIN RD., Sw ROANOKE VA 2z~Ol 5 R£CK! NOV 10 Pl:3 i STATE OF VIRGINIA C [TY OF RCANUKE AFFIDAVIT OF PUBLICATION I, (TH~ UNDERSIGNED) AN OFFICER OF TIMES-WORLD CORPORATION, WHICH COR- PORATION IS PUBL[SHEB OF THE ROANOKE TIMES & WOPLD-NEWS~ A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 10724/85 MORNING lO/31/86 MORNING WITNESS, ~ST DAY OF NOVEMBER [986 OFFICER'S S[GN~vTORE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 10, 1986, 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, Single Family Residential District, to C-1, Office and Institutional District, the following property: Five contiguous tracts of land, containing 2.1243 acres, three of which front on Old Country Club Road, N. W., bearing Official Tax Nos. 2660604, 2660601, 2660701, 2660702 and 2660703. 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 22nd day of October ,1986 Please publish in full twice, once on Friday, October 24, 1986, and once on Friday, October 31, 1986, 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. Byron R. Dickson, President Dickson Architects & Associates 1701 Grandin Road, S. W. Roanoke, Virginia 24015 October 31, 1986 File #51 Mr. Byron R. Dickson President Dickson Architects & Associates/PC 1701Grandin Road, S. W. Roanoke, Virginia 24015 Mr. Thomas E. Cart, Jr. 1034 Old Country Club Rd., N. W. Roanoke, Virginia 24017 Gentlemen: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that a tract of land containing 2.1243 acres, located on Old Country Club Road, N. W., designated as Official Tax Nos. 2660604, 2660601, 2660701, 2660702 and 2660703, be rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional 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, November 10, 1986, 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. MFP;se Enc. Sincerely, Mary F. Parker, CMC City Clerk Room 456 Municll:~l Building 215 Church Avenue, S.W. Roanoke, ¥1rginla 24011 (703) 98t-2541 Mr. Byron R. Dickson Mr. Thomas E. Carr, Jr. Page 2 October 31, 1986 cc: Virginia Methodist Homes, Inc., 4016 West Broad Street, Richmond, Virginia 23230 Roanoke United Methodist Home, 1009 Old Country Club Road, N. W., Roanoke, Virginia 24017 Mr. Eugene A. Hawthorne, 3225 Viewmont Circle, N. W., Roanoke, Virginia 24017 Roanoke Country Club, 3360 Country Club Road, N. W., Roanoke, Virginia 24017 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Admi ni st rator Mr. L. El'wood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Misc. 10/13/86 - Council; C. Mgr.; Asst. C. Mgr. September 25, 1986 File #51 Hrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Messrs. Byron R. Dickson and Thomas E. Carr, Jr., requesting that a tract of land containing 2.1243 acres, located on Old Country Club Road, N. W., designated as Official Tax Nos. 2660604, 2660601, 2660701, 2660702 and 2660703, be rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. Byron R. Dickson, President, Dickson Architects & Associates/PC, 1701Grandin Road, S. W., Roanoke, Virginia 24015 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Municipal Building 215 O'~urch Avenue, S.W. Roanoke, Vlrglnlo 240t I (703) 981-25~1.1 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: CITY CLER!tS e~Flgt '86 23 Request from Thomas E. Cart, Jr., and Byron R. Dickson that a tract) of land lying on Old Country Club Road, N.W., containign 2.1243 ) acres, and designated as Official Tax Nos. 2660604, 2660601, ) 2660701, 2660702 and 2660703, be rezoned from RS-3, Single Family ) Residential District, to C-I, Office and Institutional District, ) such rezoning to be subject to certain conditions proffered by the ) petitioners. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is a Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Co~ission of the City of Roanoke she has sent by first-class mail on the 22nd day of September, 1986, notices of a public hearing to be held on the 1st day of October, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 2540102 2660605 2660606 2660704 Virginia Methodist Homes Inc. Roanoke United Methodist Home 4016 W. Broad Street Richmond, Va 23230 1009 Old Country Club Rd. Roanoke, VA 24017 2660602 Mr. Eugene A. Hawthorne 3225 Viewmont Circle, NW Roanoke, VA 24017 2550101 Roanoke Country Club 3360 Country Club Raod Roanoke, VA 24017 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of September, 1986. My Commission Expires: I was c~,,~[ssioned Margaret T. Cox NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, October 1, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Thomas E. Cart, Jr., and Byron R. Dickson that a tract of land lying on Old Country Club Road, N.W., containing 2.1243 acres, and designated as Official Tax Nos. 2660604, 2660601, 2660701, 2660702 and 2660703, be rezoned from RS-3, Single Family Residential District, to C-i, Office and Institutional District, such rezoning to be subject to certain conditions proffered by the petitioners. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, September 16, 1986 Please run in the evening edition on Tuesday, September 23, 1986 Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: Byron R. Dickson, Architect 1701 Grandin Road, S.W. Roanoke, VA 24015 Office of the City September 9, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia 'Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of RoanoKe (1979), as amended, I am enclosing copy of a petition and list of property owners from Messrs. Byron R. Dickson and Thomas E. Carr, Jr., requesting that a tract of land containing 2.1243 acres, located on Old Country Club Road, N. W., designated as Official Tax Nos. 2660604, 2660601, 2660701, 2660702, and 2660703, be rezoned from RS-3, Single Family Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enco cc: Mr. Byron R. Dickson, President, Dickson Architects & Associates/PC, 1701Grandin Road, S. W., Roanoke, Virginia 24015 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MunicipalBulldlng 215 C~urch Avenue, S.W. Roanoke, Vlrglnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying along Old Country Club Road, N.W., adjacent to Roanoke Country Club and the Roanoke United Methodist Home. from RS-3, Single- Family Residential District, to C-l, Office and Institutional District, subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The petitioners, Thomas E. Carr, Jr. and Byron R. Dickson, own, and have a contract to purchase respectively, contiguous tracts which together form a certain tract of land located in the City of Roanoke, Virginia, containing 2.1243 acres, located on Old Country Club Road, and designated on Roanoke City Appraisal Maps as Official Tax Numbers 2660604, 2660601, 2660701, 2660702, and 2660703; the said tract is currently zoned RS-3, Single-Family Residential District. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII [and Article VIII in the case of a conditional rezoning] of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RS-3, Single-Family Residential District, to C-l, Office and Institutional District subject to certain conditions set forth below for the purpose of converting the "Mountcastle Home" into a professional office to house the architectural office of Dickson Architects and Associates. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an excellent transitional use compatible with present neighborhood activities. Also, proper preservation of existing architectually significant structures will benefit the neighborhood and the City. PETITION TO REZONE tract is and that The petitioners hereby proffer and agree that if the said rezoned as requested, that the rezoning will be subject to, the petitioners will abide by, the following conditions: Property owned by Thomas E. Carr (tracts 2660703 and 2660604) will remain residential and for land use purposes be governed by those regulations identified in the zoning ordinance pertaining to RS-3, Single-Family Residential District. Property for which Byron R. Dickson has a Contract to purchase from Mr. Robert B. Mountcastle (tracts 2660601, 2660701 and 2660702) will be used only for professional offices as defined in the zoning ordinance under the zoning classification C-l, Office and Institutional. The existing architectural style and character of the "Mountcastle home" will be maintained. 5. Attached as Exhibit B are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street road from the property to be rezoned. WHEREFORE, the petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted, Th6~aas E. Ca~rr - JV - / I ~ ... ~'L., I ..~,~ ..~1 1--' ' r I / / EXHIBIT B NAMES AND ADDRESSES OF ADJACENT PROPERTY OWNERS Tracts: 2540102 2550101 2660602 2660605 2660606 2660704 Roanoke United Methodist Home 1009 Old Country Club Road, N.W. Roanoke, Virginia 24017 Roanoke Country Club 3360 Country Club Drive, Roanoke, Virglnla 24017 NoW, Mr. Eugene A. Hawthorne 3225 Viewmont Circle, N.W. Roanoke, Virglnla 24017 Roanoke United Methodist Home 1009 Old Country Club Road, N.W. Roanoke, Virglnla 24017 Roanoke United Methodist Home 1009 Old Country Club Road, N.W. Roanoke, Virglnla 24017 Roanoke United Methodist Home 1009 Old Country Club Road, N.W. Roanoke, Virg~nla 24017 3201 OLD SALEM ROAD PO BOX 4601 ROANOKE, VIRGINIA 24015 703 · 345-4040 DICKSON ARCHITECTS & ASSOCIATES / PC September 5, 1986 MS. Mary F. Parker City Clerk, City of Roanoke 215 Church Avenue Roanoke, Virginia 24025 RE: Petition to Rezone Dear Ms. Parker: Attached herewith please find our petition to rezone a certain tract of land along Old Country Club Road in Northwest Roanoke. This petition contains Exhibit A which is a map of the area where the proposed rezoning is requested and Exhibit B which is a list of surrounding property owners. Also, is enclosed our check for $321.24 in accordance with the fee schedule found in the instructions for rezoning. Please feel free to contact me during this processing should you require additional information or if I can be of further assistance. ~rs uly, ~ very tr "~ BRD/lp-k Enclosure ARCHITECTURE PLANNING INTERIOR DESIGN RESTORATION ENERGY CONSERVATION CC: Mr. Thomas E. Carr, Jr. Mr. Robert B. Mountcastle Mr. Ranny Mastin November 20, 1986 File #51 Mr. Charles O. Cornelison Attorney 421 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Cornelison: I am enclosing copy of Ordinance No. 28426, rezoning three par- cels of land located at 1212 Loudon Avenue, N. W., designated as Official Tax Nos. 2212314, 2212315, and 2212316, from RG-1, General Residential District, to LM, Light Manufacturing District, subject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, November 10, 1986, also adopted by the Council on second reading on Monday, November 17, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. P, oom 456 Municipal Building 215 Onurch A'~'~ue, S.W. Roonc~e. Vlrg~la 2~011 (703) 981-2541 Mr. Charles O. Cornelison Page 2 November 20, 1986 cc: Mrs. Florine Thornhill, 819 Center Avenue, N. W., Roanoke, Virginia 24017 Ms. Julia Coles Mills, 1646 Barrington Drive, N. W., Roanoke, Virginia 24017 Ms. Helen E. Davis, 1209 Loudon Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Richard D. Davis, 3523 Cove Road, N. W., Roanoke, Virginia 24017 Liberty Investment Corporation, c/o Mr. Wayne Ayers, 7577 Campbell Avenue, Salem, Virginia 24153 Ms. Mary E. Gravely, c/o Ms. Mary E. Martin, 1219 Loudon Avenue, N. W., Roanoke, Virginia 24017 City of Roanoke, Fire Station No. 5, 12th Street, N. W., Roanoke, Virginia 24017 Ferguson Transfer and Storage, P. O. Box 6127, Roanoke, Virginia 24017 Mr. J. H. Ferguson, 202 12th Street, Roanoke, Virginia 24017 Ms. Nannie J. Koonce, c/o Mr. Buford Motley, 2109 Andrews Road, N. W., Roanoke, Virginia 24017 Ms. Carleen P. Johnson, 1222 Loudon Avenue, N. W., Roanoke, Virginia 24017 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Rawleigh W. Quarles, Fire Marshal IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of November, 1986. No. 28426. VIB~INIA, AN ORDINANCE to amend §§36-3 and 36-4, 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, subject to certain 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 ROrl, General Residential District, to LM, Light Manufacuring District, sub- ject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36-541, 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 November 10, 1986, after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Cormmission, 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 §§36-3 and 36-4, 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 three parcels of land located at 1212 Loudon Avenue, designated on Sheet No. 221 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2212314, 2212315 and 2212316 be, and is hereby rezoned from RG-1, General Residential District, to LM, Light Manufacuring District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone file~ with Clerk on September 26, 1986, and that Sheet No. 221 of the changed in this respect. the City Zone Map be A~I'EST: City Clerk. CiTY CLER!i$ '86 IIP, T 15 P i~ :.3(~ Roanoke Ci~ Planning Commission November 10, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Stanley R. Kummer and Susan R. Kummer, represented by Charles O. Cornelison, Attorney, that a tract of land known as Lots 4, 5 and 6, Block 58, Official Tax Nos. 2212314, 2212315, and 2212316, and located at 1212 Loudon Avenue, N.W. be rezoned from RG-1, General Residential District, to LM, Light Manufacturing District. BackBround: A. K-Sales, Inc. is a bulk oil distributor which presently operates at 1212 Loudon Avenue. The building is located on tax no. 2212315. The business owns the vacant lot known as tax no. 2212316 and has recently acquired a 37.5 foot vacant lot known as tax no. 2212314. Current zoninB of all three properties is RG-1. The existing business is non-conforming. Purpose of the rezoning is to allow an addition to the existing building, approximately 32 feet by 100 feet. (see attached letter and plan from Mr. Kummer, business owner.) Vacant lot proposed for the addition was recently acquired by the applicant and had been maintained by the Northwest Neighborhood Environmental Organization as part of their vacant lot maintenance program. Petition to rezone was filed on September 10, 1986 was unconditional. An amended petition to rezone was filed on 9/26/86. Proffered conditions were: The tract, as rezoned, will be used only for the type of business as permitted by the aforementioned non-conforming use permit and further as a warehouse, storage facility and as business offices. Room 355 Municipal Building 215 Churd~ Avenue, 5W. [~x~noke, Virginia 24011 (703) 981-2344 II. If construction as set out in the attached site plan, Exhibit C, is not begun within two years of the effective date of the ordinance rezoning the tract, the rezoning designation will return to the present designation with the present non-conforming use permit in effect, without further action of City Council. Planning Commission hearing was held on 10/1/86. Mrs. Florine Thornhill (819 Centre Avenue, N.W.) represented the Northwest Neighborhood Environmental Organization and indicated that her only concern was that the building be set back with the existing building and that the height be similar. Mr. Cornelison advised that the new building would be at the same setback as the existing one and would be 12 feet high. Issues: me Zoning is presently RG-1. LM zoning occurs to the south of the property along Centre Avenue. LM zoning on Loudon Avenue begins at approximately 16th Street. Land use is presently a warehouse for the business which wishes to expand. Ce Utilities for water and sewer are available. Storm water management is not a significant issue. Traffic would not be affected since this request is for an expansion of the wholesale business. Fire protection was investigated since bulk oil is considered as Class III-B, combustible material. The Fire Marshal has indicated that there are no existing problems with the business and that the addition should present no future problems. Neighborhood has been maintaining the vacant lot proposed for building expansion. K-Sales has been a "good neighbor." Neighborhood revitalization efforts have been successful in recent years. Progress has been made. Comprehensive Plan recom~ends that: 1. Neighborhood character and environmental ~uality should be protected. me Expansion of existing commercial or industrial developments should be undertaken in a manner that ensures protection for adjacent residential and other areas. Facilities for adequate fire protection, utilities and transportation management should be available to accommodate development. III. Alternatives: Bo Approve rezoning request. 1. Zonin~ becomes LM. 2. Land use remains same. conforming. 4. 5. 6. Existing business becomes Utilities not significantly affected. Traffic not affected. Fire protection can be addressed. Neighborhood business who has been in existence for some time and has been a "good neighbor" can continue to operate and can expand in an acceptable manner. Vacant lot problem resolved. 7. Comprehensive Plan followed. Deny the rezoning request. 1. Zoning remains RG-1. 2. Land use remains business, but non-conforming. not permitted. Change in use could occur. 3. Utilities not affected. 4. Traffic not affected. 5. Fire protection addressed. 6. Neighborhood not affected. 7. Comprehensive Plan followed. IV. Recommendation: Expansion Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission The Planning Commission unanimously recommended approval of the rezoning request by a vote of 7-0. Given the existing business use of the property and the compatibility that has become established over the years, the rezoning request is reasonable and will permit an existing business to remain in the neighborhood and expand in an acceptable manner. The non-conforming use would become a conforming one. ESG:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Attorney for the Petitioner Fire Chief Quarles IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land known as Lot 4, 5 and 6, Block 58, Rogers, Fairfax & Houston Map, 1212 Loudon Avenue, N. W., from RG-1 to LM, light manufacturing AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Stanley R. Kummer and Susan R. Kummer, Husband and Wife, own three (3) certain parcels of land located in the City of Roanoke, Virginia, containing less than 1 acre, located at 1212 Loudon Avenue, N. W., and designated on Roanoke City Appraisal Maps as Official Tax Nos. 2212314, 2212315, 2212316; the said tract is currently rezoned RG-1. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII and Article VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RG-1 to LM, light manufacturing, subject to the conditions that said property be used solely as a warehouse, storage facility and business offices for the purpose of the expansion of the business of K-Sales, Inc. 3. The Petitioners believe that 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 be a better use for the said property inasmuch as it will be an extension of its present use as granted by the non-forming use permit dated September 5, 1973, which allows the use of the property contrary to the uses permitted within the said district; the nature of the names and addresses of the owners adjacent to or immediately across property to be rezoned. adjoining properties having changed and light manufacturing being prevalent within the immediate area. 4. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by the following conditions: (a) The tract, as rezoned, will be used only for the type of business as permitted by the aforementioned non-conforming use permit and further as a warehouse, storage facility and as business offices. (b) If construction as set out in the attached site plan, Exhibit C, is not begun within two years of the effective date of the ordinance rezoning the tract, the rezoning designation will return to the present designation with the present non-conforming use permit in effect, without further action of City Council. 5. Attached to the original petition as Exhibit B are the of all lots or property immediately a street or road or alley from the WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of - 3 - the Zoning Ordinance of the City of Roanoke. Respectfully submitted, STANLEY R. KUMMER and SUSAN R. KUMMER By Counsel CHARLES O. CORNELISON COPENHAVER & ELLETT 421 Shenandoah Building Roanoke, VA 24011 Counsel for Petitioners .'(enclall. Mrs. Evelyn S. Gunter City Planner Room 355, Muncipal Bldg. 215 Church Avenue S~ Roanoke, Virginia 24011 Inc. P.O. Box 13012 ROANOKE, VIRGINIA 24030 Phone 344-7617 September 16, 1986 Dear Ms. Gunter: Many thanks for comming by to advise us on our planned warehouse addition. We appreciate your prompt cooperation. May we call attention to our attached sketch showing (Very basic) what we hope to do. A)On the buffer zone between our lot and the adjacent property we request a waiver of the shubbery requirements. On two occasions we have had cinder blocks removed from our present wall resulting in stolen inventory. Keeping this area clear we enhance our security as opposed to a shrub zone which would afford cover for potential thieves. B)A small door would be placed here for safety reasons. C)Will be a walk thru to our present warehouse. The addition will be 12' high, approximately 32' X 100' of cinder block construction, concrete floor. If you should need additional information please give us a call. Once again thank you very much for your help. Sincerely, S. T. Kummer ' STK/btw CC: Mr. Charlie Cornelison 42i Shenandoah 81dg. Roanoke, Virginia 24011 ~R cr~ ~-~ LoT Ar) NUMBER - 2315031 PUBLISHER' S FEE - CHARLES G CORNELISON 421 SHENANDOAH BLDG 305 FIRST ST S~ RO~N6KE VA 24011 TI"FS ECEI ~ ELI CITY CLERKS OFFICE '86 NOV-7 A8:20 STATE OF VIRGINIA ,"- ITY OF FCANOKE AFFtOAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN OFFICER OF I"IMES-WORLD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE JNAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 10/2/+/86 MORNING 10/31/86 MORNING WITNESS, TH~ 1ST DAY OF NOVEMBER 1986 OFFICER'S SIGNA TURi~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 10, 1986, at 7:30 p.m., in the Council Chamber in the ~ni¢ipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RG-1, General Residential District, to LM, Light Manufacturing District, the following property: Three parcels of land located at 1212 Loudon Avenue, in the City, bearing Official Tax Nos. 2212314 2212315 and 2212316. ' This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 22nd day of October , 1986 . Please publish in full twice, once on Friday, October 24, 1986, and once on Friday, October 31, 1986, 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. Charles O. Cornelison Attorney 421 Shenandoah Building Roanoke, Virginia 24011 ~flce o~ n~e ~y ~e~ October 31, 1986 File #51 Mr. Charles O. Cornelison Attorney 421 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Cornelison: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your clients, Stanley R. and Susan R. Kummer, that three parcels of land located at 1212 Loudon Avenue, N. W., designated as Official Tax Nos. 2212314, 2212315, and 2212316, be rezoned from RG-1, General Residential District, to LM, Light Manufacturing 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, November 10, 1986, 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:se Enc. Room 456 Municipal B~ildlng 215 O'~urch Avenue, S.W. Roonc~e, Virginia 24011 (703) 98~1-2541 Mr. Charles O. Cornelison Page 2 October 31, 1986 cc: Mrs. Florine Thornhill, 819 Center Avenue, N. W. Roanoke, Virginia 24017 ' Ms. Julia Coles Mills, 1646 Barrington Drive, N. W Roanoke, Virginia 24017 '' Ms. Helen E. Davis, 1209 Loudon Avenue, N. W Roanoke, Virginia 24017 '' Mr. and Mrs. Richard D. Davis, 3523 Cove Road N.W., Roanoke, Virginia 24017 ' Liberty Investment Corporation, c/o Mr. Wayne Ayers, 7577 Campbell Avenue, Salem, Virginia 24153 Ms. Mary E. Gravely, c/o Ms. Mary E. Martin, 1219 Loudon Avenue, N. W., Roanoke, Virginia 24017 City of Roanoke, Fire Station No. 5, 12th Street N.W., Roanoke, Virginia 24017 ' Ferguson Transfer and Storage, P. O. Box 6127, Roanoke Virginia 24017 ' Mr. J. H. Ferguson, 202 12th Street, Roanoke Virginia 24017 ' Ms. Nannie J. Koonce, c/o Mr. Buford Motley, 2109 Andrews Road, N. W., Roanoke, Virginia 24017 Ms. Carleen P. Johnson, 1222 Loudon Avenue, N W. Roanoke, Virginia 24017 ' ' Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Rawleigh W. Quarles, Fire Marshal Misc. 10/13/86 - Council; C. Mgr.; Asst. C. Mgr. Office of the City Clerk Uctober 1, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Hrs. Goode': Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. Charles O. Cornelison, Attorney, representing Stanley R. and Susan R. Kummer, requesting that three parcels of land located at 1212 Loudon Avenue, N. W., designated as Official Tax Nos. 22123]4, 2212315, and 2212316, be rezoned from RG-1, General Residential District, to L~, Light Manufacturing Oistrict, subject to certain proffered conditions. Sincerely, Mary F. Parker, CItC City Clerk MFP:se Enc. cc: Mr. Charles O. Cornelison, Attorney, 421 Shenandoah Building, Roanoke, Virginia 24011 Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. ~4illiam M. Hack~orth, Assistant City Attorney Room 456 Municipal Building 215 Q~urch Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2541 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA ECE w.u CITY CLERI<S OFFICE PERTAINING TO THE REZONING OF: '86 ~f~ 23 ~8:44 Request from Stanley R. Ku~er and Susan R. Kummer, represented ) by Charles O. Cornelison, Attorney, that a tract of land known ) AFFI- as Lots 4, 5, and 6, Block 58, Official Tax Nos. 2212314, 2212315 ) DAVIT and 2212316, and located at 1212 Loudon Avenue, N.W., be rezoned ) from RG-1, General Residential District to LM, Light Manufacturing) District. COMMONW~EALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is a Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 22nd day of September, 1986, notices of a public hearing to be held on the 1st day of October, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2211741 2211740 2211739 2211738 2211737 2212332 2212334 2212333 2212335 2212336 OWNER, AGENT OR OCCUPANT Julia Coles Mills, Admin. Helen E. Davis Richard D. & Sylvia B. Davis Liberty Investment Corp. c/o Wayne Ayers Mary E. Gravely c/o Mary E. Martin City of Roanoke #5 Fire Station Ferguson Transfer & Storage J. H. Ferguson ADDRESS 1646 Barrington Drive, NW Roanoke, VA 24017 1209 Loudon Avenue, NW Roanoke, VA 24017 3523 Cove Road, NW Roanoke, VA 24017 7577 Campbell Avenue Salem, VA 24153 1219 Loudon Avenue, NW Roanoke, VA 24017 12th Street, NW Roanoke, VA 24017 P.O. Box 6127 Roanoke, VA 24017 202 12th Street Roanoke, VA 24017 2211736 2212313 Nannie J. Koonce c/o Buford Motley Carleen P. Johnson 2109 Andrews Road, NW Roanoke, VA 24017 1222 Loudon Avenue, NW Roanoke, VA 24017 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of September, 1986. ion Expires: /4,r? Not~blic ' J I was cu~A~issioned Margaret T. Cox NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, October 1, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Stanley R. Kummer and Susan R. Kummer, represented by Charles O. Cornelison, Attorney, that a tract of land known as Lots 4, 5, and 6, Block 58, Official Tax Nos. 2212314, 2212315 and 2212316, and located at 1212 Loudon Avenue, N.W., be rezoned from RG-1, General Residential District to LM, Light Manufacturing District. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please run in the morning edition on Tuesday, September 16, 1986 Please run in the evening edition on Tuesday, September 23, 1986 Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: Charles O. Cornelison Copenhaver and Ellett 421 Shenandoah Building Roanoke, VA 24011 CYrflce of ~he ~/O~ September 15, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission RoanoKe, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. Charles O. Cornelison, Attorney, repre- senting Stanley R. and Susan ~. Kummer, requesting that three parcels of land located at 1212 Loudon Avenue, 2. W., designated as Official Tax Nos. 2212314, 2212315, and 2212316, be rezoned from RG-1, General Residential District, to LM Light Manufac- turing District. ' Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc, cc: Mr. Charles O. Cornelison, Attorney, 421 Shenandoah Building, Roanoke, Virginia 24011 Mrs. iqartha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William ~q. Hackworth, Assistant City Attorney Room 456 Munlcipol Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2541 RECE~¥ED CITY CLERKS OFF'~CE IN THE COUNCIL OF THE CITY.mF ~A~OKE~ VIRGINIA IN RE: Rezoning of a tract of land known as Lot 4, 5) PETITION and 6, Block 58, Rogers Fairfax & Houston Map) TO 1212 Loudon Avenue, N.W., from RG-1, to LM, ) REZONE light manufacturing ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Stanley R. Kurmner and Susan R. Kummer, Husband and Wife, own three (3) certain parcels of land located in the City of Roanoke, Virginia, containing less than 1 acre, located at 1212 Loudon Avenue, N.W., and designated on Roanoke City Appraisal Maps as Official Tax Nos. 2212314, 2212315, 2212316; the said tract is currently rezoned RG-1. A map of the property to be rezoned is attached as Exhibit A. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from RG-1 to LM, light manufacturing for the purpose of the expansion of the business of K-Sales, Inc. 3. The Petitioners believe that 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 be a better use for the said property inasmuchas it will be an extension of its present use as granted by the non-conforming use permit dated September 5, 1973, which allows the use of the property contrary to the uses permitted within the said district; the nature of the adjoining properties having changed and light manufacturing being prevelant within the immediate area. 4. Attached as Exhibit B are the names and addresses of the owners of all lots or property immediately adjacent to or immediately across a street or road or alley from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitte, STANLEY R. KUMMER and SUSAN R. KUMMER By Counsel S O. CORNELISON COPENHAVER & ELLETT 421 Shenandoah Building Roanoke, VA 24011 Counsel for Petitioners Adjoining Property 1207 Louden Ave., N.W. Roanoke, VA 1209 Louden Ave., N.W. Roanoke, VA 1211 Loudon Ave., N.W. Roanoke, VA 1215 Loudon Ave., N.W. Roanoke, VA 1219 Loudon Ave , N.W. Roanoke, VA Loudon Ave., N.W. Roanoke, VA Loudon Ave., N.W. Roanoke, VA 1209 Centre Ave.,.N.W. Roanoke, VA Centre Ave., N.W. Roanoke, VA Centre Ave., N.W. Roanoke, VA Owner of Record/Address Julia Coles Mills, Admin. 1646 Barrington Dr., N.W. Roanoke, VA 24017 Helen E. Davis 1209 Louden Ave., Roanoke, VA 24017 Richard D & Slyvia B. 1211 Loudon Ave., N.W. Roanoke, VA 24017 Davis Liberty Investment Corp. c/o Wayne A. Ayers 7577 Campbell Dr. Salem, VA 24153 Mary E. Gravely c/o Mary E. Martin 1219 Loudon Ave., N.W. Roanoke, VA 24017 City of Roanoke #5 Fire Station 12th St., N.W. Roanoke, VA 24017 Corwin C. Casey 1700 Margaret Ln. Apt. Salem, VA 24153 81 John Herbert Ferguson 202 12th St., N.W. Roanoke, VA 24017 J. H. Ferguson 202 12th St., N.W. Roanoke, VA 24017 John Herbert Ferguson 202 12th St., N.W. Roanoke, VA 24017 APPRAI .-hAL MAF' CITY,OF ROANOI.~E, VA .SHEET '!o. 2.2 I Office c~ Fne Q~/Oeff~ November 20, 1986 File #51 Mr. James F. Douthat Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 28427, rezoning a tract of land containing approximately 1.75 acres, located on the east side of South Jefferson Street which is bounded by Jefferson Street, 22nd Street and Yellow Mountain Road, designated as Official Tax No. 4060601, from RG-1, General Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, November 10, 1986, also adopted by the Council on second reading on Monday, November 17, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room456 MunlcIl~alBulldlng 215C~'~'¢hA'v~c~e,S.W. Roonoke,~rglnlo24011 (703)981-2541 Mr. James F. Douthat Page 2 November 20, 1986 CC: Mr. Bittle W. Porterfield, III, 2436 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Mrs. Louise Morgan Klous, 331 Robin Hood Road, S, E., Roanoke, Virginia 24014 Mr. and Mrs. Leman Dudley, 1132 River Avenue, S. E., Roanoke, Virginia 24014 Mr. Jack Hutchinson, 2816 South Jefferson Street, Roanoke, Virginia 24014 Trustees, First Presbyterian Church, P. O. Box 8538, Roanoke, Virginia 24014 Springview Venture Group, c/o Mr. Gilbert E. Butler, Jr., P. O. Box 2152, Roanoke, Virginia 24009 Mrs. Magdalen A. Poff, 2231Woodcliff Road, S. E., Roanoke, Virginia 24014 Mrs. Elizabeth F. Ladd, 2239 Woodcliff Road, S. E., Roanoke, Virginia 24014 Mr. Roy Debo, 2225 Woodcliff Road, S. E., Roanoke, Virginia 24014 Mr. Thomas L. Robertson, Roanoke Hospital Association, P. O. Box 13367, Roanoke, Virginia 24033 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Mr. M. Craig Sluss, Manager, Water Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1986. No. 28427. AN ORDINANCE to amend §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 406, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain 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 RG-1, General Residential District, 'District, subject to certain and to C-I, Office and Institutional conditions proffered by the applicant, WHEREAS,' the City Planning Commission, which after giving proper notice to all concerned as required by §36-541, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recormnendation to Council~ and W}~REAS, a public hearing was held on said application by the City Council at its meeting on November 10, 1986, after due and timely notice thereof as required by §36-541, Code of the City of Roanoke (1979), as amended, at which hearing all parties zens were given an opportunity to be heard, both proposed rezoning; and WHEREAS, this Council, after considering the tion, the reeormmendation made to the Council by Cormnission, the City's Comprehensive Plan, in interest and citi- for and against the aforesaid appliea- the Planning and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §§36-3 and 36-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract on the east side of South Jefferson Street which is bounded by Jefferson Street, 22nd Street and Yellow Mountain Road. containing approximately 1.75 acres, designated on Sheet No. 406 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4060601 be. and is hereby rezoned from RG-1. General Residential District, to C-I, Office and Institutional District, sub- ject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on September 10, 1986. and that Sheet No. 406 of the Zone Map be changed in this respect. ~g£EST: City Clerk. WOODS, ~OGEI~S ~ HAZLEGROVE 703/982-4262 October 9, 1986 Bittle W. Porterfield, III 2436 Cornwallce Avenue, SE Roanoke, Virginia 24014 Re: 1.7 acre tract of land on S. Jefferson Street Dear Bittle: As result of our telephone conversation Wednesday I met with Bill Hackworth, Assistant City Attorney, to discuss the proposed rezoning of the 1.75 acre tract of land located on south Jefferson Street between Yellow Mountain Road and 22nd Street. Under its current zoning, RG-1, all uses and structures permitted in RS Districts, multifamily dwellings, highrise apartments, and townhouses could be constructed on the property under the provisions of §36-95 et seq. and Division 7 and 8 of Article 4 of the Code of the City of Roanoke. I am enclosing copies of ~36-95 through §36-104 of the Code of the City of Roanoke and of the petition to rezone filed by Emerald Property Management for your review. These documents demonstrate that under the current zoning this property could be the site of very dense multifamily development but, if rezoned, it can be only be used for off-street parking in substantial compliance with the preliminary site plan attached to the rezonin~ petition and for resident housing in the structure that currently exists on the property. I understand you have expressed concern over the use of adjacent property should the 1.75 acre tract of land be rezoned C-1. In this regard, I am enclosing a copy of ~36-296 of the Code of the City of Roanoke entitled "Transitional Uses". In each of the numbered subparagraphs under g36-296 transitional use is permitted along boundaries of residental districts only where the "district directly adjoins the side of a lot" which is zoned either C-l, C-2, C-3, C-4, LM or HM District. It is my October 9, 1986 Page 2 understanding from my conversation with Bill Hackworth that property across a street does not directly adjoin the side of a lot because of the intervening street and, therefore the transitional use provisions of §36-296 do not apply. I further understand that the City of Roanoke is currently holding public hearings in the hope of adopting zoning regulations which do not permit transitional uses under any circumstances. The proposed rezoning will allow the building on this property to continue to be used as resident housing and the remaining property to be developed into a professionally landscaped parking lot which blends with the existing topography. I trust you will agree that the use of existing land contoures and vegetation will allow this property to become a useful and pleasing compliment to the surrounding neighborhood. I know you are familiar with the landscaping and appearance of the Ronald McDonald House and the Roanoke Memorial Hospital Rehabilitation Center and feel, as I do, that the 1.75 acre tract of land will be tastefully and attractively landscaped and maintained so that it will be an asset to the community. If you have any further questions with regard to this matter please do not hesitate to contact me immediately. JFD/sh Enclosures  uly your s ,/--'~/ JAMES Fo DOUTHAT cc: William M. Hackworth, Assistant City Attorney 464 Municipal Building Roanoke, Virginia 24011 703/984-2431 HONORABLE MAYOR AND MEMBERS OF COUNCIL, CITY OF ROANOKE, VIRGINIA: CITY COUNCIL MEETING - NOVEMBER 10, 1986 MY NAME IS BITTLE PORTERFIELD AND I RESIDE AT 2436 CORNWALLIS AVENUE, SOUTHEAST, ROANOKE, VIRGINIA 24014. I AM HERE THIS EVENING TO MAKE COMMENTS CONCERNING THE REZONING OF LAND AT THE CORNER OF SOUTH JEFFERSON STREET AND YELLOW MOUNTAIN ROAD PER THE PETITION OF EMERALD PROPERTY MANAGEMENT, A DIVISION OF ROANOKE MEMORIAL HOSPITAL ASSOCIATION. I HAVE NO OBJECTION TO THE PROPOSED REZONING OF THE PROPERTY FOR USE AS A PARKING LOT. I HAVE REVIEWED THE SITE PLAN AND FEEL THAT ROANOKE MEMORIAL HAS A QUALITY PLAN CONSISTENT WITH THE LOCATION AT THE GATEWAY TO SOUTH ROANOKE. FURTHER, IT IS MY UNDERSTANDING THAT IF THIS REZONING IS APPROVED, THEN ANY USE FOR THIS PROPERTY OTHER THAN THE PROPOSED PARKING LOT WOULD BE SUBJECT TO A REZONING. AM I CORRECT IN THIS UNDERSTANDING? I NOW WISH TO COMMENT BRIEFLY ON THE FUTURE USE OF THIS AND OTHER PROPERTY OWNED OR CONTROLLED BY ROANOKE MEMORIAL HOSPITAL ASSOCIATION LOCATED SOUTH OF MCCLANAHAN STREET. ROANOKE MEMORIAL IS GROWING AND MANY NEIGHBORS IN SOUTH ROANOKE ARE CONCERNED ABOUT THE TYPE AND DIRECTION OF THAT GROWTH. SPECIFICALLY, GROWTH SOUTH OF MCCLANAHAN COULD PROVE DETRIMENTAL TO THE NEIGHBORHOODS. I THINK THE CITY PLANNING DEPARTMENT SHOULD UNDERTAKE A STUDY OF HOSPITAL OWNED PROPERTY LOCATED SOUTH OF MCCLANAHAN TO DETERMINE THE TYPES OF USES THAT WOULD BE COMPATIBLE WITH THE PRESERVATION OF THE CHARACTER OF OUR NEIGHBORHOODS. I FEEL THAT ANY HOSPITAL PLANS FOR DEVELOPMENT OF THIS PROPERTY SHOULD BE DISCUSSED DURING THE CONCEPT STAGE WITH THE CITY PLANNING DEPARTMENT AND WITH REPRESENTATIVES OF THE NEIGHBORHOODS LOCATED SOUTH OF MCCLANAHAN AND EAST OF SOUTH JEFFERSON. BY INCLUDING THE PLANNING DEPARTMENT AND THE NEIGHBORHOODS AT THE CONCEPT STAGE, I FEEL ALL PARTIES WILL BENEFIT. THANK YOU. Louise Morsan Klous, and I reside at ~l Robln Rood Road, South, "Sherwood Forest,"~Roanoke, I ask that the City Code be amended--~s it was with the Ronald McDonald Rouse property--to allow in this case the Farkin~ Lot, only and Indefinitely, as the SpecSal Exception Variance, with the subject property sta~ln~ ~n RG-1 Zoning;, as is the ZonSn~ of the Ronald Mo,~~, Donald Rouse~... This would result in the same usase of the pro- perty, as sout~ht by the Roanoke Memorial Hospital, AND it would avoSd the exSstenoe of any Co~erclal Property Zonins on South Jefferson Street, South of the ~ellow Mountain Road--MoClanahan Street Intersection,-eh$oh would mean the world mentally, aesthetically, and in the actual resSdential property values to the ~any of us in the areas affected.... THANK ~OU, S i6ned, Roanoke City Planning Commission November 10, 1986 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Emerald Property Management, Inc., represented by James F. Douthat, Attorney, that property located on the east side of South Jefferson Street which is bounded by Jefferson Street, 22nd Street and Yellow Mountain Road, containing approximately 1.75 acres, designated as Official Tax No. 4060601, be rezoned from RG-1, General Residential District, to C-i, Office and Institutional District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back~round: Request made to the Board of Zonin~ Appeals in September, 1986, for a variance to permit a parking lot on subject property. Board did not have authority to permit the use. Request was referred to the Planning Commission and City Council for rezoning. Be Petition to rezone property from RG-1 to C-1 was filed on September 10, 1986. Conditions of the rezonin~ are: The structure currently situated on the property will continue to be used as resident housing in support of the continuing medical education program at Roanoke Memorial Hospital. The property will be developed for off-street parking for the Roanoke Memorial Hospital Rehabilitation Center, and related entities, in substantial compliance with the preliminary site plan attached as Exhibit "C", subject to such modifications as may be required by the site plan review process of the City of Roanoke. If rezoning is approved, a special exception permit for a parking lot will still have to be obtained from the Board of Zoning Appeals. Consideration is required for landscaping, buffering and lighting. Roach 355 Municipal Building 215 Church Avenue, 5.W. Roanoke, Virginia 24011 (703) 98t 2344 II. Preliminary site plan is attached for your review. The plan shows four lots with one entrance on Yellow Mountain Road and one on 22nd Street. The plan proposes to retain the existing trees on the property. Planning Commission public hearing was held on October 1, 1986. The Commission had received correspondence from several residents of the area (letters attached) indicating their concern for landscaping and future use of the property. Mrs. Leman Dudley (1132 River Avenue, S.E. owner of property on Woodcliff Road) had objected to the rezoning. Mr. Jack Hutchinson (2816 South Jefferson Street) appeared before the Commission and indicated his concerns for encroachment of business into the neighborhood and parking lot security. F. It should be noted that since the Planning Commission hearing on this request there has been some resident concern and misunderstanding with regard to transitional use of adjacent property should this rezoning be approved. Transitional use provisions of the current zoning code do not apply to any adjacent properties as there are no directly adjoining property lines. The subject property is separated from other properties on all sides by streets. Issues: Zoning is presently RG-1. Zoning to the east and south is RS-3, zoning to the north and west is C-1. Land use of the property is mostly vacant land. A residence is located in the southeasterly corner. Utilities available. Storm water management will have to be handled on site. Traffic from the hospital facility currently exists. Patient and visitor parking is accommodated on the street and in limited parking areas. Neighborhood has expressed concerns in the past with regard to on-street parking for hospital use. Concerns that have been raised regarding the proposed parking lot include buffering, future use of property and security for the lot. F. Comprehensive Plan recommends: Establishing controls to ensure that new or expanded commercial developments are good neighbors for residential and other adjacent uses. Protection of neighborhood character and environmental quality. Changes in land use should be carefully evaluated and designed to conserve and enhance neighborhood quality. III. Alternatives: A. Approve the rezoning request. 1. Zoning becomes conditional C-1. 2. Land use is restricted to current residence and parking as per plan. 3. Utilities not adversely affected. 4. Traffic not significant issue. 5. Neighborhood street parking improved. Neighborhood concerns for landscaping, security, lighting, etc., have been addressed by the proffered plan and the petitioner. 6. Comprehensive Plan followed. B. Deny the rezoning request. 1. Zoning remains RG-1. 2. Land use restricted to residential. 3. Utilities not an issue. 4. Traffic not an issue. 5. Neighborhood not affected. 6. Comprehensive Plan followed. IV. Recommendation: The Planning Commission recommended approval of the rezoning request by a vote of 7-0. The proposed use of the property can resolve some of the parking problems for both the hospital and the residents of the area. The plan of development is a proffered condition of the rezoning. Grading is expected to be minimal. The existing trees are to be preserved. Consideration of additional landscaping, lighting, and other site development details can be addressed further during site plan review and the special exception permit process. Respectfully submitted, Susan S. Goode, Chairwoman Roanoke City Planning Commission ESG:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Attorney for the Petitioner September 15, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Mr. James F. Dout~at, Attorney, representing Emerald Property Management, requesting that a 1.75 acre tract of land located on South Jefferson Street between Yellow Mountain Road and 22nd Street, S. W., designated as Official Tax No. 4060601, be rezoned from RG-1, General Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Enc. cc: tlr. James F. Douthat, Attorney, P. O. Box 720, Roanoke, Virginia 24004-072U ~Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MuniclpalBulldlng 215C~urchA'~'~ue, S.W. Roan~e, Vlrginla24011 (703)981-2541 RECEIVED CITY CLERKS OFFICE VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: PETITION TO THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, TO AMEND THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF ROANOKE FROM RG-1, GENERAL RESIDENTIAL DISTRICT, TO C-l, OFFICE AND INSTITUTIONAL DISTRICT, FOR A PARCEL OF LAND CONTAINING APPROXIMATELY 1.75 ACRES LOCATED ON SOUTH JEFFERSON STREET BETWEEN YELLOW MOUNTAIN ROAD AND 22ND STREET, DESIGNATED ON TAX APPRAISAL MAP OF THE CITY OF ROANOKE AS PARCEL NO. 4060601 AND FURTHER DESIGNATED ON MAP ATTACHED HERETO AS EXHIBIT "A" PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: e The Petitioner, Emerald Property Management, Inc., is the owner of tract of land located in the City of Roanoke on the east side of South Jefferson Street which is bounded by Jefferson Street, 22nd Street and Yellow Mountain Road, containing approximately 1.75 acres and designated on the City of Roanoke appraisal map as official tax no. 4060601 which is currently zoned RG-1, General Residental District. The legal description of the property is attached hereto as Exhibit "A" and a copy of Roanoke City Appraisal Map Sheet 406 showing the property, colored in yellow, is attached hereto as Exhibit #B#. Pusuant to Article VII of Chapter 35, Code of the City -2- e of Roanoke (1979), as amended, the Petitioner requests that the property be rezoned from RG-1, General Residental District, to C-l, Office and Institutional District for the purpose of establishing a lot for off-street parking for use in conjunction with the Roanoke Memorial Hospital Rehabilitation Center. A copy of the July 17, 1986, preliminary site plan for the proposed parking improvements to the property is attached hereto as Exhibit "C". Your Petitioner believes that the rezoning of the property will further the intent and purposes of the Zoning Ordinance and the comprehensive plan of the City in that it will increase off-street parking facilities available to the patients, visitors, and employees of Roanoke Memorial Hospital Rehabilitation Center and thereby reduce on-street parking and traffic flow through residential neighborhoods. Attached as Exhibit "D" are the names and addresses of the owners of all property immediately adjacent to or across adjacent streets from the property to be rezoned. The Petitioner hereby proffers and agrees that if the property is rezoned as requested, that the property will be subject to, and the Petitioner will abide by, -3- the following conditions: (a) The structure currently situated on the property will continue to be used as resident housing in support of the continuing medical education program of Roanoke Memorial Hospital. (b) The property will be developed for off-street parking for the Roanoke Memorial Hospital Rehabilitation Center, and related entities, in substantial compliance with the preliminary site plan attached as Exhibit "C", subject to such modification as may be required by the site plan review process of the City of Roanoke. 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, EMERALD/~RTY MANAGEMENT, INC. ~ Of counsel James F. Douthat~quire Woods, Rogers & Hazlegrove 105 Franklin Road, SW P.O. Box 720 Roanoke, Virginia 24004-0720 BEGINNING at a point at the southeast corner of Yellow Mountain Road, S. E. (Formerly McClanahan Place) and Jefferson Street (formerly Wellington Avenue); thence S. 58' 26' E. 167 feet to a point; thence with the southerly line of Yellow Mountain Road S. 12' 19' E. 205.9 feet to a point on Stanley Avenue; thence with the westerly line of Stanley Avenue S. 22' 18' W. 140 feet to Twenty-second Street (formerly First Street); thence with the northerly line of Twenty-second Street N. 67° 43' W. 312 feet to Jefferson Street; thence with the easterly line of Jefferson Street N. 27° 30' E. 337.72 feet to the place of BEGINNING, being what is known as Block No. 67 on the Map of Crystal Spring Land Company. EXHIBIT A iii t~ EXHIBIT "D" e ® e City of Roanoke Water Department 210 Campbell Avenue, SW Roanoke, Virginia 24011 Dudley Leman 1132 River Avenue, SE Roanoke, VirGinia 24013 Trustees, First Presbyterian Church P. O. Box 8538 Roanoke, VirGinia 24014 Springview Venture Group c/o Gilbert Butter, Jr. P. O. Box 2152 Roanoke, VirGinia 24009 SEP 25 September 23, 1986 Ms. Leman Dudley 1132 River Ave., SE Roanoke, Va. 2401.3 Martha p. Franklin Roanoke City Planning Commission City of Roanoke 215 Church Ave., SW Roanoke, Va. 24011 Dear Mrs. Franklin: I am writing to you and the other Members of the Commission with regard to the request made by Emerald Property Management for re- zoning of the property located on the east side of South Jefferson Street, which is bounded by Jefferson Street, 22nd Street and Yellow Mountain Road. I own the lot which is adjacent to the above mentioned property. I love the Old South Roanoke area and had waited many years before I was finally able to find and purchase a lot to meet my satisfaction. I have been working on the plans for my dream home on this lot for the past two years. Never in a million years would I have planned on or bought this property had I known my home would be across from a parking lot. There is no amount of landscaping that can be done by either myself or the owners of the proposed parking lot that will make this acceptable to me. I am truly disheartened by this whole matter and I hope you will see fit to deny this rezoning request. Leman Dudley LD/mp September 22, 1986 Roanoke Planning Commission Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 To the Commissioners: We learned from last Wednesday's newspaper of the proposed commercial invasion of this residential neighborhood for a parking lot for Roanoke Memorial Hospitals. We believe any parking lot, with its noise, fumes and lights, would be detrimental to our homes and to other homes in this vicinity. Instead of improving the traffic flow (as suggested in the newspaper), a parking lot would tend to attract cars that would otherwise go directly to the hospital's garage. It will be an invitation to transient cars, and crime, late at night. Presuming the parking lot is already a certainty, we have two other major concerns as nearby property owners: (1) Landscaping of the parking lot in a manner that will screen it from the residential area, particularly the homes on Woodcliff Road, as a condition of rezoning. (2) Assurance that the lot at Woodcliff and Yellow Moun- tain Roads could not be used for parking under some type of transitional land use. We are concerned that the planning authorities, building commissioner and/or Board of Zoning Appeals might have the power to allow parking on this land under the present zoning law. We want to be certain that a new petition for rezoning would be required before parking or any other non-residential use would be permitted on that lot. Thank you for your consideration. Very truly yours, Magdalen A. Poff 2231 Woodcliff Road; S.E. ~-~%~ r~%-~ Betty Ladd IIIll~l~ 'l~l 1~ \%/tit, 11%% 2239 Woodcliff Road, S.E. Roy D~bo 2225 Woodcliff Road, S.E. Roanoke ~lf~e of Commu~lity Planning & ~nomic Development LOCATION SER Aq NU'qBER - 2208740 PUBLISHER'S FEE - $76.32 RECEtvEi' CITY CLERKS OFFICE DOUTHAT JAMES F 105 FRANKLIN ROAD SW P C BOX 720 EO ANOKE VA 2z, O0 4 '86 NOV-7 A8:20 STATE OF VIRGINIA C ITY OF R~]ANOKE AFFIDAVIT CF PUBLICATION I, ITHE UNDERSIGNED) AN OFFICER OF TIMES-WORLD CORPORATION, WHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS~ A DALLY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STA'TE OF dIRGINIAt DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 1.0/24./86 MORNING 10/31/86 MORNING ~iITNESS~ TH[/~[ST DAY OF NOVEMBER I986 NOTICE OF PUBLIC HEARING TO WHOM IT MAy CONCERN: Pursuant to the provisions of Article VII of Chapter 36, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Nionday, November 10, 1986, 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 RG-1, General Residential District, to C-1, Office and Institutional District, the following property: A tract on the east side of South Jefferson Street which is bounded by Jefferson Street, 22nd Street and Yellow Mountain Road, containing approximately 1.75 acres and bearing Official 'Fax No. 4060601. 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 22nd day of October Please publish in full twice, once on Friday, October 24, 1986, and once on Friday, October 31, 1986, 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. James F. Douthat Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 November 8, 1986 Roanoke City Council Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 To the Members of City Council: We want to remain on record in opposition to the request of Roanoke Memorial Hospitals (Emerald Property Management) for an office and institutional zone for the 1.75 acre tract of land at South Jefferson Street and Yellow Mountain Road. Our primary concern is the intrusion of a business zone in this residential neighborhood. This rezoning will have an adverse impact on the adjacent homes and inevitably lead to further assaults by rezoning. We also object to use of the land for parking with the associated noise and fumes. We are not comforted by plans for leaving trees -- which will, without doubt, be cut down as they wither from auto exhaust -- nor the promise of surveillance. The lot will attract transient vehicles, and its lights will disturb the neighborhood. Rather than clear the streets, the lot will pull vehicles from the hospital's parking garage (assuming it will actually be open to the public). The city has continued to build parking lots in the area, such as the one across from the Rehabilitation Center, without satisfying the hospital's insatiable appetite for parking. We regret none of us can attend your meeting, but we respectfully request that you preserve this residential neighborhood from further erosion by denying the rezoning. 2231 Woodcliff Road, S.E. ~abeth F. Ladd 2239 Woodcliff Road, S.E. October 31, 1986 File #51 Mr. James F. Douthat Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Douthat: ! am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your clients, Emerald Property Management, that a 1.75 acre tract of land located on South Jefferson Street between Yellow Mountain Road and 22nd Street, S. W., designated as Official Tax No. 4060601, be rezoned from RG-1, General Residential District, to C-1, Office and Institutional 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, November 10, 1986, at 7:30 p.m., in t~e 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:se Enc. Room456 MunlcipalBuildtng 215ChurchAv~ue,.5.W. Roano~e, Vlrglnla24011 (703)981-2541 Mr. James F. Douthat Page 2 October 31, 1986 cc: Mr. and Mrs. Leman Dudley, 1132 River Avenue, S. E Roanoke, Virginia 24014 '' Mr. Jack Hutchinson, 2816 South Jefferson Street, Roanoke Virginia 24014 ' Trustees, First Presbyterian Church, P. O. Box 8538, Roanoke, Virginia 24014 Springview Venture Group, c/o Mr. Gilbert E. Butler, Jr., P. O. Box 2152, Roanoke, Virginia 24009 Mrs. Magdelen A. Poll, 2231Woodcliff Road, S E., Roanoke Virginia 24014 ' ' Mrs. Elizabeth F. Ladd, 2239 Woodcliff Road, S. E. Roanoke, Virginia 24014 ' Mr. Roy Debo, 2225 Woodcliff Road, S E. Roanoke, Virginia 24014 ' ' Mr. Thomas L. Robertson, Roanoke Hospital Association, P. O. Box 13367, Roa.noke, Virginia 24033 Mr. Gordon N. Dixon, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mrs. Susan S. Goode, Chairman, City Planning Commission Mrs. Martha P. Franklin, Secretary, City Planning Commission Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Von W. Moody, III, Director of Real Estate Valuation Ms. Doris Layne, Office of Real Estate Valuation Mr. William M. Hackworth, Assistant City Attorney Mr. Wilburn C. Dibling, Jr., City Attorney Mr. M. Craig Sluss, Manager, Water Department TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA CITY CLERKS 0F~CE PERTAINING TO THE REZONING OF: °86 %£P 23 A8:43 Request from Emerald Property Management, Inc., represented by ) James F. Douthat, Attorney, that property located on the east ) side of South Jefferson Street which is bounded by Jefferson ) Street, 22nd Street and Yellow Mountain Road, containing )AFFIDAVIT approximately 1.75 acres, designated as Official Tax No. ) 4060601, be rezoned from RG-1, General Residential District, ) to C-l, Office and Institutional District, such rezoning to ) be subject to certain conditions proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is a Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 22nd day of September, 1986, notices of a public hearing to be held on the 1st day of October, 1986, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 4060502 City of Roanoke 210 Campbell Avenue, SW Water Department Roanoke, VA 1050608 Trustees, First Presbyterian P.O. Box 8538 1050607 Church Roanoke, VA 24014 1050601 1051009 1041003 4070505 Springview Venture Group c/o Gilbert Butler Roanoke Hospital Association c/o Thomas Robertson Leman Dudley P.O. Box 2152 Roanoke, VA 24009 P.O. Box 13367 Roanoke, VA 24033 1132 River Road, SE Roanoke, VA 24013 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of September, 1986. o~mmission Expires: Nota~ubli~ was commissioned Margaret T. Cox NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, October 1, 1986, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, in order to consider the following: Request from Emerald Property Management, Inc., represented by James F. Douthat, Attorney, that property located on the east side of South Jefferson Street which is bounded by Jefferson Street, 22nd Street and Yellow Mountain Road, containing approximately 1.75 acres, designated as Official Tax No. 4060601, be rezoned from RG-1, General Residential District, to C-i, Office and Institutional District, such rezoning to be subject to certain conditions proffered by the petitioner A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary ___ Roanoke City Planning Commission Please run in the morning edition on Tuesday, September 16, 1986 Please run in the evening edition on Tuesday, September 23, 1986 Please send affidavit of publication to: Office of Community Planning, Room 355, Muncipal Building, Roanoke, VA 24011 Please bill: James F. Douthat, Esquire Woods, Rogers, Hazlegrove 105 Franklin Road, S.W. Roanoke, VA 24011 Mis~c. 10/13/86 - Council; C. Mgr.; Asst. C. Mgr. Office o~ the City Clerk September 15, 1986 File #51 Mrs. Susan S. Goode Chairman City Planning Commission Roanoke, Virginia Dear Mrs. Goode: Pursuant to Section 36-538 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition and list of property owners from Hr. James F. Dout~at, Attorney, representing Emerald Property Management, requesting that a 1.75 acre tract of land located on South Jefferson Street between Yellow Mountain Road and 22nd Street, S. W., designated as Official Tax No. 4060601, be rezoned from RG-1, General Residential District, to C-1, Office and Institutional District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. CC: tlr. James F. Douthat, Attorney, P. O. Box 720, Roanoke, Virginia 24004-072U Mrs. Martha P. Franklin, Secretary, City Planning Commission Hr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Munici~al Building 215 O'~urch Av~que, S.W. Roanoke, Virginha 240t '1 (703) 981-2541 November 21, 1986 File #2-166 Mr. Obediah Overstreet 3324 Forest Hill Avenue, Roanoke, Virginia 24012 Dear Mr. Overstreet: I am enclosing copy of Ordinance No. 28440, accepting your offer to purchase a triangular area containing approximately 313 square feet of City owned property located adjacent to 3203 King Street, N. E., on the north side of Berkley Road, N. E., for the purchase price of $100.00, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, November 10, 1986, also adopted by the Council on second reading on Monday, November 17, 1986, and will take effect ten days following the date of its second reading. Si ncerely, Mary F. Parker, CMC City Clerk MFP:se Enc, cc: Mr. Don Hill, Boone & Company, Realtors, P. O. Box 8614, Roanoke, Virginia 24014 Mr. W. Robert Herbert, City Manager Mr Wilburn C. Dibling, Jr., City Attorney Mr Joel M. Schlanger, Director of Finance Mr Kit B. Kiser, Director of Utilities and Operations Mr William F. Clark, Director of Public Works Mr Richard V. Hamilton, Real Estate Agent Mr Brian J. Wishneff, Chief of Economic Development and Grants Ms. Deborah J. Mos~, Chief, Billings and Collections *Added to carbon co~i~s on Novemb~ 16. 1987. I~:x~n456 MunlclpalBulldlng 215¢D~urchA',~ue, S.W. Roanoke. M~rglnia24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1986. No. 28440. AN ORDINANCE authorizing the sale and conveyanee of approxi- mately 313 square feet of City property located adjacent to 3203 King Street. N. E., on the north side of Berkley Road, N. E. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer by Obediah Overstreet to purchase a triangular area containing approximately 313 square feet of City owned pro- perty located adjacent to 3203 King Street, N. E., on the north side of Berkley Road, N. E., more particularly described in the report to this Council dated November 10, 1986, and the accom- panying plat of survey made by C. E. Lacy, Jr. dated October 4, 1986. for the purchase price of $100.00 with said purchaser being responsible for all associated costs of the conveyance is hereby ACCEPTED. 2. The Mayor and the City Clerk are hereby authorized and empowered to execute and attest respectively on behalf of the City, the City's special warranty deed of conveyance of title to the said property, said deed and any necessary accompanying docu- mentation to be prepared by the purchaser in form approved by the City Attorney. ATTE ST: City Clerk. RECctCe. D CITY C[ Roanoke, Virginia '86 U~i~-q .~! November 10, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment on City Property - Berkley Road, N.E. The attached report was considered by the Water Resources Committee at its meeting on November 3, 1986. The Committee recommends that Council authorize the sale by special warranty deed of a small parcel of property on Berkley Road, N.E. toObediah Overstreet for One Hundred Dollars ($100.00), in accordance with the conditions in the attached report. Respectfully submitted, Eliz~)eth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Public Works Chief of Economic Development Mr. Don Hill, Boone & Company, Realtors INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: RE: October 23, 1986 Members, Water Resource Colittee Mr. Kit Kiser, Director of Utillties ~~./--~'' Mr. Robert Herbert, City Manager/~/l~-- Encroachment on City Property Berkley Road, N.E. Official Tax No. 7050107 Background: Ae Property at 3202 King Streett N.E. shown on attached plat, was established by survey dated August 9, 1946. It is now being sold, probably for the first time. City acquired adjacent 20 acre property by order of the Annexation Court in 1976. It was formerly held by Roanoke County as a future elementary school site. It is zoned Light Industrial and is now considered a potential industrial site. Private property at 3203 King Street, NE. is located on a small steep hill with a creek at the toe of the slope (see plat). The alignment of the creek has placed a bridge in Berkely Road located adjacent to the southwest corner of the private property. This corner is also the only driveway access point to the property. The result of the conflict between bridge and driveway is that the end of the driveway has encroached upon what is now City property for approximately forty (40) years. D. Driveway encroachment is a triangular area 25'x 25'x 35.5', containing approximately 313 sq. ft. II. Current Situation: Don Hillt Boone & Co.} Realtors, who is handling the sale of the private property, has requested formal agreement from the City that the encroachment may continue (see attached letter). Page 2 Appraisal of adjoining property in 1985 established a value per acre of the City owned parcel to be approxi- mately $13,600.00. This places a value of $100.00 on the encroachment. III. Issues: A. Need B. Timing C. Income to City IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to transfer title to a triangular piece of City-owned property, approximately 25'x 25'x 35.5', located on the southwesterly corner of a twenty (20) acre tract, indentified by Official Tax No. 7050107, to Obediah Overstreet for One Hundred Dollars $100.00, documentation necessary to transfer title to be prepared by purchaser in a form acceptable to the City Attorney. 1. Need by purchaser for a driveway access to his property is met. 2. Timing to permit sale of private tract in accordance with sales contract is met. 3. Income to City is the $100.00 sales price of the area to be sold. B. Committee not recommend to City Council that it authorize the sale of property on Berkley Road, N.E. 1. Need by adjoining owner for driveway access is not met. 2. Timin~ by adjoining owner to accomplish transfer of ownership quickly is not met. 3. Income to City is zero. Page 3 Recommendation: Committee recommend to City Council that it authorize the sale by special warranty deed of a small parcel of property on Berkley Road, N.E. in accordance with Alternative "A". KBK/RVH/dlh cc: City Attorney Director of Finance Director of Public Works Chief of Economic Development Mr. Don Hill, Boone & Company, Realtors Kit Kiser Director of Utilities Roanoke City October 16, 1986 Dear Mr. Kiser; I am requesting that the agenda for the Water Resources Committee meeting scheduled for October 2Oth be made out to inclqde the following matter of concern. According to the city survey crew and an independent line survey and subsequent sketch by C. E. Lacy Jr. C,L.S. No. 01042 the paved drive entrance from Berkeley Road to the residence at 3203 King Street is encroaching on adjoining city property. This property is a 3.1t acre tract described in Deed Book 343, Page 538 of Roanoke County. This property shares a common boundary line with a parcel of land owned by the city which fronts on Berkeley Road N.E. The property at 3203 King Street is currently under a contract of sale and was scheduled to close on October 17th. The seller of King Street is also under contract to purchase another residence which was scheduled to close on October 20th. In short, there is an urgency to reach an agreement to give a right of way over this driveway to any future owners. As per a survey dated August 9th, 1946 the common boundary line shared by the adjoining property now owned by the city was a fenced line. If this fenced common boundary line is correct then this encroachment has existed at least since 1946. Main Office / Rt. 419 3922 Electric Road, SW. (Rt. 419), Roanoke~ VA 24018 P~O Box 8614, Roanoke, VA 24014 (703) 989-0863 [] 460 Eaet Office 3548 Orange Ave, N,E. (Rt. 460), RoanoKe VA 24012 PO Box 11963, Roanoke, VA 24022 (703) 343-5800 Page 2 Kit Kiser Director of Utilities Ben Snead, attorney ancb r w~u!c~ like to attenc~ thi~ meetim~ an~ take enly a few moments of the committees ttme to e~platn thi's ~i~uatii~n, The snmtl area of land in question is not now Ot' any benefit t~ the Cl'ty, ~'~ the cit~ would give a right mi~ way, myer this area it w~ulc~ in n~ way, al~fect the future sale or value mi' the city's a(~Jmi'n%n~ )aPcel ~i' land,. It seems there a)~e two obvious reasons f~ the necessity oi~ tht~ ),i]~ht mi' way: (),) This is an(~ has been the only, access t~ the nesi'd~ce at 3203 Kin,e Street {2.) The city's f~onta§e on Bemkele~, ~oad is v,~,ny, le~e), tQn~ an~ wide open enough n~w tm allow ~t' any type mi' access necessary f~r future d~velmpment. We are looking f~rward' to a co?rection of this problem ~nc~ h)~e made plans to attend' the upcoming con~nittee meeti'n~, Sincerely, BOONE &CQMPANY REALTORS Don Hill / / / I I I , /' November 21, 1986 File #70 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28442, authorizing the assignment of the lease for the former No. 6 City Fire Station on Jamison Avenue, S. E., from the Belmont Neighborhood Watch Group, Inc., to SOutheast Action Forum, Inc., which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, November 10, 1986, also adopted by the Council on second reading on Monday, November 17, 1986, and wilt take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CIqC City Clerk MFP Enc CC: :se Mr. Hillary Lantz, President, Southeast Action Forum, Inc., 1022 Murray Avenue, S. E., Roanoke, Virginia 24013 Belmont Neighborhood Watch Group, Inc., 1015 Jamison Avenue, S. E., Roanoke, Virginia 24013 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Real Estate Agent Mr. Kit B. Kiser, Director of Utilities and Operations Ms. Jinni Benson, Neighborhood Partnership Coordinator MS. Deborah J. Mos~, Chief, Billings and Collectio~ *A · dded to arbo o o ve b~ 16 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 1986. No. 28442. AN ORDINANCE authorizing the assignment of the lease for the former No. 6 City Fire Station on Jamison Avenue, S. E., from the Belmont Neighborhood Watch Group, Inc., to Southeast Action Forum, Inc. BE IT ORDAINED by the Council of the City of Roanoke that the assignment of the lease dated September 5, 1985, for the City's former.No. 6 Fire Station on Jamison Avenue, S. E., from the Belmont Neighborhood Watch Group, Inc., to Southeast Action Forum, Inc., is hereby approved and Clerk are authorized to execute and of the City the appropriate document said document the City Manager and City attest respectively on behalf authorizing such assignment, to be in form approved by the City Attorney. ATTEST: City Clerk. RECEIVEB Roanoke, Virginia November 10, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease Assignment - Belmont Neighborhood Watch Group The attached report was considered by the Water Resources Committee at its meeting on November 3, 1986. The Committee recommends that Council authorize the appropriate City officials to execute documentation assigning the lease of Old Fire Station No. 6 from the Belmont Neighborhood Watch Group, Inc. to its successor organization, Southeast Action Forum, Inc. Current lease term (July 14, 1985 through July 13, 1990) to continue. Respectfully submitted, Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Acting Coordinator, Neighborhood Partnership INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: RE: October 7, 1986 mbers; ~ater Resources Committee Mr. Kiser thru Mr. Herbert Lease Assignment Belmont Neighborhood Watch Group III. I. Back~round: Mrs. Mildred Prater initially leased the Old No. 6 Fire Station on Jamison Avenue, S.E., for the Belmont Neighborhood Watch Group for a five (5) year term beginning on July 14, 1980. This lease was authorized by Ordinance No. 25277, dated September 2, 1980. The lease provided that the faci- lity be used as a community center and meeting place for the group. Mrs. Mildred Prater assigned the lease to the Belmont Neighborhood Watch Group, Inc. by authority of Ordinance No. 26027, dated May 24, 1982. Term of the lease was five (5) years from the original date of the lease, July 14, 1980. City Council authorized a new five (5) year extension of the lease by Ordinance No. 27734, dated August 26, 1985. This lease was executed on September 5, 1985. II. Current Situation: A. Belmont Neighborhood Watch Group~ Inc. and it's successor organization, the Southeast Action Forum, Inc. (see attached letters) have requested that the lease for the Old Fire Station No. 6 be assigned to Southeast Action Forum, Inc. ~ssues: A. Cost to City B. Need C. Neighborhood Stability Page 2 IV. Alternatives: Recommend to City Council that it authorize the appropriate City officials to execute documentation assigning the lease of Old Fire Station No. 6 from the Belmont Neighborhood Watch Group, Inc. to it's successor organization, Southeast Action Forum, Inc. Current lease term (July 14, 1985 through July 13, 1990) to continue. 1. Cost to City is zero. Need to recognize change in name of neighborhood group and to provide continuity in its activities is met. 3. Neighborhood Stability is protected. B. Do not recommend that City Council authorize the assignment of the lease. Cost to City is the cost of resuming maintenance and insurance on the facility. Need for continuity in the activities of the neigh- borhood group is not met. 3. Neighborhood Stability is not enhanced. Reco~mmendation: Committee recommend to City Council that it authorize the assignment of the lease of Old Fire Station No. 6 in accordance with Alternative "A". WRH:RVH:sef Attachment cc: City Attorney Director of Finance Acting Coordinator, Neighborhood Partnership Belmont Neighborhood Watch Group 1015 Samison Avenue, S.E. Roanoke, Virginia 24013 October 22, 1986 Mr. Kit Kiser, Director Utilities and Operations City of Roanoke Room 354, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Mr. Kiser: The Belmont Neighborhood Watch Group, Inc. wishes to be released of all liability and responsibility for the maintenance and upkeep of the Firehouse and hereby requests that the City of Roanoke assign the unexpired lease to Old Firehouse #6 to the Southeast Action Forum, Ir~c. Respectfully submit tsd, SOUTHEAST ACTION FORUM, INC. July 24,~ Mr. Kit B. Kaset, Diractor--~- Utilities and Operations Room 354, Hunicipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Hr. Kiser: The Behaont Neighborhood Watch Group has recently m~de the decision to exp~nd the service area of the organization to include Morningside, Fallon Park and Renwood. We have received numerous requests from area residents for assistance in setting up crime watch progrm, operation paintbrush and other neighborhood progr~. Therefore, the Belmont Neighborhood Watch Group voted to change the name of the organization to the Southeast Action Forum, Inc. The Southeast Action Forum was duly incorporated on February 21, 1986. According to the articles of incorporation. ARTICLE 2. The corporation is organized for the purpose of furnishing to its membership, the Southeast neighborhood in the City of Roanoke, Virginia, with a means of maintaining a cleaner and safer neighborhood, the promotion of social welfare therein and to maintain existing Firehouse No. 6 as a meeting place for the members of the corporation and to conduct all such other activities as may be incident to or desirable in connection with the foregoing purposes. The Southeast Action Forum, Inc. duly elected officers at the annual meeting March 11. The officers are: Hillary Lantz, President and William Vaughn, Vice President. Therefore as President of the former Belmont Neighborhood Watch Group and as current President of the Southeast Action Forum, Inc. we would like to request that you assign the existing lease of Firehouse No. 6 to the Southeast Action Forum, Inc. The organization will continue to use the firehouse as a meeting place for the neighborhood organization and make it available to other groups without regard to race, sex or age for their use as specified in the proposed firehouse rules. 1022 Murray Avenue, S.E. · . Roanoke, Virginia 24013 Kit B. [iser July 2t, 1986 Page 2 We appreciate your attention to thi8 important matter and th~nk you for your continued interest in our orEanization. Yours truly, Htllary Lan~t~, Presid'~P~ HL/JB:kds Enclosure SCCl I 282684 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION RICHMOND, February 21, 1986 RECEIVED OF 'David A. Bowera 404 ShanM~doah Building Roanoke, VA. 24011 FOR SOUTHEAST ACTION FORUM, lNG. on a~unt ef feea f~r incorp~ration: Filing Fee, $10.00 Charter Fee, ~0.00 Recording Fee, $10.00 The certificate M incorporation wal issued and admitted to record In thia office on the above date, and i~ effective February 21, 1986 . C~S0~9 THIS DEED OF LEASE, made chis ~ ~ day of ~t~.~.. , 1985, by and be:ween CITY OF ROANOKE, VIRGINIA, a municipal corpora:ion organized and existing under :he laws of Virginia, Lessor, and BELMONT NEIGHBORHOOD WATCH'GROUP, INC., Lessee, THAT, IN CONSIDERATION of :he sum of ONE DOLLAR ($1.00). cash paid by Lessee to Lessor, receipt of which is hereby acknowledged, and of the agreement by Lessee to be bound by :he covenants set out below, Lessor leases to Lessee the following described real estate lyins in the City of Roanoke. Virslnia for a term of five years from the date hereof: BEGINNING ac a point 83.69 feet (formerly 80 feet) west of 11th Street, S.E. (formerly Taylor Street) on Jamison Avenue and with Jamison Avenue in a westerly direction 80 feet to a point; thence, in a southerly direction 130 f~et t? an alley; thence, with said alley in an easterly direction 80 feet to a point; thence, in a notherly direction 130 feet to Jamison Avenue, the Place of BEGINNING; and KNOW as Lots 8 and 9. Section 16, Map of Belmont Land Company; and BEING the same property conveyed to Lessor by Fidelity Realty Corporation by deed da:ed September 2, 1910, of record in the Clerk's Office of the Circuit Court of :he City of Roanoke. Virginia. in Deed Book 226, page 34. This Lease. however, is subject to the ~ollowing covenants. running with :he title to :he above land, by which Lessee as evidenced by its signature on :his lease, agrees to bind itself. 1. There shall be no major alterations of :he premi- ses, wi:bout Lessor's prior written approval. Lessee agree8 to maintain and repa£r the premises co insure it remains functional as a meeting place and headquarters for the Belmont Neighborhood Watch Group, Inc.. and such aux£1lary functions as mutually agreed upon in writing between the Lessee and the Leseor's City Manager, and presents an attractive appearance, and to maintain the above real estate in aneac and clean condit£on. Lessee shall be responsible for. without limitation, any repairs to or mai~e~ance of plumbing or electrical systems as well as all interior design, pa£ncing, carpeting or other such items. Either party hereto at any time may terminate this lease agreement by providing written notice of ter- mination a= least 30 days prior to such termina- tion. In no even= shall this lease continue after the expiration of five years from the date hereof. provided that the parties may mutually agree to an extension of this lease on a year-to-year basis after the expiration of the original five year t~rme Lessee shall carry buildinS contents insurance for their own protection and shall carry contractual liability and comprehensive public liability insurance, insuring Lessee and Lessor against all legal liabil£ty for injuries to persons (including wrongful death) and damages to property caused by Leeeee's use and occupancy of the demised premises or the publ£c's use thereof or otherwise caused by Lesaee's activities and operations on said premi- ses. or use or maintenance thereof, with liability limits of not less than $500,000 for any one per- son. and not less than $1.000.000 for any accident involving injury (including wrongful death) to more than one person, and not less t~an $500,000 for property damage resulting from any one acc£dent. Lessee shall furnish and keep on fi~e with Lessor's City Clerk a certif£cate of such insurance which shall provide substantially that Lessor. its off£- c£als, agents and employees, are insureds under said policy, and that said policy cannot be can- celled or materially modified except upon 30 days advance written notice to Lessor. Lessee further agrees to be responsible for purchasing any con- tents insurance coverage ic may deem necessary for property brought onto leased premises. Lessee shall pay all utility connection and service charges with respect to the premises. - 2 - o 10. This lease is nsc assignable without the prior written consent of the Lessor. Lessee asrees not to allow possession of the above real estate that is not in conformity with the intent of the parties hereto, In the event the improvement on the premises is completely descroy~ed or is so badly damaged so Co practically amoun~ co total destruction, or ~ Lessor, regardless of the extent of the damase, decides nsc to rebuild the £mprovemenc, Lessor may terminate this lease upon reasonable written notice to Lessee, Lessee shall indemnify and hold Lessor, its officer, agents and employees forever harmless from and against all liability, loss or expense ~nposed upon Lessor by reason of legal liability for injuries to persons (including wrongful death) and damages to property on.the premises or caused by Lessee's use or occupancy of the demised premises or otherwise by Lessee's operations or activities on such premises, provided that Lessor shall give Lessee prompt and timely notice of any claim made against Lessor which may result in a judgment against Lessor because of such injuries or damages, and promptly deliver to Lessee all papers, notices, documents, summonses and other legal process what- soever served upon Lessor or its agents, and pro- vided, further, that Lessee and its insurer, or either of them, shall have the right to compromise and defend all claims, actions, suits and pro- ceed£ngs to the extent of Lessee'8 £nterest therein; and in connection therewith the parties hereto agree to faithfully cooperate with each other and with Lessee's insurer in the defense thereof. Any notice or other communication from either party to the other pursuant to this agreement shall be deemed sufficiently given or commun£cated if sent by first class mail, with proper postage prepaid, addressed to the party to whom intended, at the following address: For Lessor: City of Roanoke Attention: City Manager 364 Municipal Building Roanoke, Virginia 24011 For Lessee: Belmont Neighborhood Natch Group, Inc. Attention: President 1022 Hurray Avenue, S,E. Roanoke, VLrginia 24013 WITNESS the Eollovin8 s~$nacuree and seals. ATTEST: BEI~ONT NEIGHBORHOOD WATCH GROUP, INC. ATTEST: Seb~tary - O~¢e o~ lhe Qly Qe~ November 21, 1986 File #5-9-468B Mr. W. Robert Herbert Mr. Joel M. Schlanger City Manager Director of Finance Roanoke, Virginia Roanoke, Virginia Mr. Wilburn C. Dibling, City Attorney . Roanoke, Virginia Jr · Gentlemen: At a regular of the Council of the City of Roanoke on Monday, November 17, 1986, the question of reinstating security officers at Roanoke Regional Airport, Woodrum Field, and Carvins Cove Reservoir, as police officers, was referred to you for study, report and recommendation to Council. Sincerely, MFP:se cc: Mary F. Parker, CMC City Clerk Mr. George C. Snead, Jr., Director of Public Safety Mr. M. David Hooper, Chief of Police Administration and Room 456 Municlpol Building 215 Q'~urch Av~3u~, S.W. Roanol~, Vlrglnta 24011 (703) 981.254¢