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HomeMy WebLinkAboutCouncil Actions 09-05-00BESTPITCH 35042 ROANOKE CITY CO UNCIL REGULAR SESSION September 5, 2000 12:lSp. m. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM Call to Order--Roll Call. Council Members Harris, Hudson, and White were absent. The meeting was declared in recess at 12:17 p.m., to be reconvened at 3:00 p.m., in the Breckinridge Middle School Cafeteria, 3901 Williamson Road, N. W., City of Roanoke. ROANOKE CITY CO UNCIL REGULAR SESSION September 5, 2000 3:00p. m. BRE ClONeD GE MIDDLE S CHO OL CAFETERIA 3901 WILLIAMSON ROAD, N. W. A GEND/i FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Today's meeting will be aired on Channel 3 on Thursday, September 7, 2000, at 7:00 p.m., and Saturday, September 9, 2000, at 4:00 p.m. ANNOUNCEMENTS THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW. CI.ROANOKE.VA.US. CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. PRESENTATIONS: A resolution memoralizing the late Marilyn Curtis, long time leader, advocate and friend of the Roanoke City Schools. Adopted Resolution No. 35042-090500. (7-0) File #80-367-467 3 Recognition of the Sheriff's Office in connection with achieving national re-accreditation of the Roanoke City Jail from the American Correctional Association Board of Governors. File #80-121-123 Recognition of two City employees from the Solid Waste Management Department. Adopted Resolution No. 35043-090500. (7-0) File #80-144-184 A proclamation declaring Thursday, September 21, 2000, as Roanoke City "Light the Night" Day. File #3 CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from the City Manager requesting a Closed Meeting to discuss acquisition or disposition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #2-166 Concur in request Meeting. to convene in Closed 4 C-2 C-3 C-4 C-5 A joint report of the City Manager and the Director of Finance recommending authorization to advertise a public hearing for Monday, September 18, 2000, at 7:00 p.m., to amend the electric and gas consumer utility tax. RECOMMENDED ACTION: Concur in recommendation. File #29-79-330-458 A communication from Beverly James tendering her resignation as a member of the Cultural Services Committee. RECOMMENDED ACTION: File #110-323-394 Receive and file the accept the resignation. communication and A communication from Allen L. Clark tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee. RECOMMENDED ACTION: File #110-488 Receive and file the accept the resignation. communication and Minutes of the City Council Audit Committee held on Monday, August 7, 2000. Council Member William White, Sr., Chairperson. RECOMMENDED ACTION: Receive and file. File #132-300 C-6 Qualification of the following persons: Stephanie M. Moon as Deputy City Clerk of the City of Roanoke, effective September 1, 2000: File #15-38-184 George A. Kegley as a member of the Cultural Services Committee for a term ending June 30, 2001; File #15-110-394 5 Lucy R. Ellett as a member of the Roanoke Valley Greenways Commission for a term of three years ending June 30, 2003; and File #15-110-379 Cynthia S. Bryant and Margaret C. Thompson as members of the Human Services Committee for terms ending June 30, 2001. File #15-110-318 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: be Co Request to address Council with regard to certain vehicles that were towed away from Giles Auto Sales, 4214 Williamson Road, N. W. Kermit M. Giles, Jr., Spokesperson. Referred to the City Manager. File #51-66 Briefing with regard to the American Electric Power Customer Choice Pilot Program. Terry L. Hall, General Manager of Community Services, American Electric Power. Spokesperson. Received and filed. File #29 Request to discuss additional funding and future plans for the Harrison Museum of African American Culture. Aletha S. Bolden, Executive Director, and Melody Stovall, President of the Board of Directors, Harrison Museum of African American Culture, Spokespersons. A request for an additional $60,767.00 in funding and that the Harrison Museum of African American Culture be considered as a line item in the City's budget, was referred to fiscal year 2001-02 budget study. The City Manager was requested to review the history of funding of the Harrison Museum outside of the City's budget process over the past ten years, with a report to Council and to the Harrison Museum Board of Directors as soon as possible. File #60-319 PETITIONS AND COMMUNICATIONS: NONE. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION_: A report recommending amendment of Section 20-124 of the Code of the City of Roanoke (1979), as amended, to increase the current threshold limiting execution of grant documents by the City Manager. Adopted Ordinance No. 35044-090500. (7-0) File #24-178-236 w A report recommending appropriation of funds, in the amount of $65,000.00, in connection with the Mill Mountain Zoo Access Road. Adopted Budget Ordinance No. 35045-090500. (6-1, Council Member Hudson was out of the room.) File #20-60-67-217-514 A report recommending reappropriation of CMERP funds, in the amount of $400,626.00, which were previously appropriated in the fiscal year 1999-2000 General Fund budget. Adopted Budget Ordinance No. 35046-090500. (7-0) File #60-270-514 A report recommending extension of the term of the existing lease between the City of Roanoke and the Jefferson Center Foundation, Ltd., to provide for a new term ending May 31,2041, for property known as the Jefferson Center and adjacent grounds. Adopted Ordinance No. 35047 on first reading. (7-0) File #166-337-373 A report recommending ratification of amendments to the By- Laws of the Blue Ridge Community Services. Adopted Resolution No. 35048-090500. (7-0) File #72-335 A report recommending acceptance of a grant from the Virginia Delinquency Prevention and Youth Act Prevention to continue coordinated planning and program implementation of the City's Office on Youth; and appropriation of funds in the amount of $40,705.00. Adopted Budget Ordinance No. 35049-090500 and Resolution No. 35050-090500. (7-0) File #60-236-304 A report recommending acceptance of reimbursement of funds, in the amount of $86,505.00, from the United States Department of Agriculture Food and Nutrition Service, in connection with the Summer Food Service Program. Adopted Budget Ordinance No. 35051-090500 and Resolution No. 35052-090500. (7-0) File #60-236-304 b. DIRECTOR OF FINANCE: Financial Report for the month of July 2000. Received and filed. File #1-10 c. CITY ATTORNEY: A report requesting that Ordinance No. 35041-082100 providing for the lease of a portion of the Church Avenue Parking Garage to Carilion Biomedical Institute for use as office space be modified by removing the emergency provision and by authorizing the City Manager to execute the Lease Agreement with a retroactive date as early as September 1, 2000. Adopted Ordinance No. 35041-090500. (7-0) File #166-181-221-258-468 6. REPORTS OF COMMITTEES: NONE. ® UNFINISHED BUSINESS: A report of the City Manager in connection with instructions of Council regarding a written cooperation agreement between the City and the Art Museum of Western Virginia for funding for the Art Museum/IMAX Theatre project, requesting that the matter be deferred until a later date. (The matter was previously deferred until the September 5, 2000 meeting of Council.) Received and filed. File #60-277-450-538 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ae Ordinance No. 35030, on second reading, repealing Ordinance No. 30840-012092 and Ordinance No. 33852-060198; and rezoning that certain tract of land containing a total of 9.5 acres, more or less, lying on the east side of Peters Creek Road, N. W., Official Tax Nos. 6370306, 6380101, 6380102 and 6380104, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions. Adopted Ordinance No. 35030-090500. (7-0) File #51 be Ordinance No. 35031, on second reading, repealing Ordinance No. 34490-100499 adopted on October 4, 1999; and permanently vacating, discontinuing and closing that portion of a certain 0.23 acre, more or less, portion of Highland Avenue, S. E., beginning at the northwesterly corner of Lot 8, Block 10, running in an easterly direction to a previously closed portion of Highland Avenue, S. E. Adopted Ordinance No. 35031-090500. (7-0) File #514 Ce Ordinance No. 35032, on second reading, permanently vacating, discontinuing and closing a certain alley extending in an easterly direction for a distance of 440 feet from 25th Street to an alley running from Shenandoah Avenue to 24th Street. Adopted Ordinance No. 35032-090500. (7-0) File #514 do Ordinance No. 35038, on second reading, permanently vacating, discontinuing and closing all of that certain 12 foot alley extending approximately 180 feet along the entire northern property line of a parcel of land identified as Official Tax No. 2013605, to the easternmost right-of-way boundary of First Street, N. W. Adopted Ordinance No. 35038-090500. (7-0) File #514 Ordinance No. 35039, on second reading, granting a variable width easement for installation of overhead and underground electric power service across City-owned property located on the Garden City Elementary School site. Adopted Ordinance No. 35039-090500. (7-0) File #27-28-166-467 Ordinance No. 35040, on second reading, altering and closing, by barricade, that portion of First Street, N. W., as the same extends between Shenandoah Avenue and Centre Avenue. Adopted Ordinance No. 35040-090500. (7-0) File #514 l0 go A resolution changing the place and time of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, September 18, 2000. Adopted Resolution No. 35053-090500. (7-0) File #9-132 0 MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of' City Council. Vice-Mayor Carder commended VDOT officials for the improved appearance of 1-581, specifically entrances to and exits from the City, and requested that a letter of appreciation be forwarded to the appropriate officials. File 020-80 Council Member Wyatt requested that a letter of appreciation be forwarded to Ms. Marilyn Arbogast, Horticulturist, for going the extra mile in beautifying the City through planting of flo~vers, shrubbery, etc. File #80-67-184 Council Member Wyatt referred to a recent tour of the City's adult group homes and advised that it is hoped that future changes will lead to a more positive life style for residents of the facilities. File #314-353 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Ms. Mary H. Tunnell, 3830 Bohon Street, N. E., called attention to the need for the paving of Bohon Street. File #66-514 Mr. Andrew Tunnell, 3820 Bohon Street, N. E., requested that trees be trimmed so that the Star on Mill Mountain is visible from 1-581. He expressed concern about the potholes on Williamson Road and the need to lower manholes on Williamson Road. File #66-67-240-514 CERTIFICATION OF CLOSED MEETING. (7-0) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35042-090500. A RESOLUTION memorializing the late Marilyn Curtis, a longtime business leader and advocate and friend of Roanoke City Schools. .WHEREAS, the members of Council have learned with sorrow of the passing of Marilyn Curtis on August 30, 2000; WHEREAS, Ms. Curtis, a Roanoke native, was a parmer in a very successful funeral home operation for many years in the City and served as the first woman President of the Virginia Morticians Association. WHEREAS, Ms. Curtis began her affiliation with Roanoke City Schools in the 1950s, serving as a school volunteer while her children were in elementary school. She eventually went on to serve as a member of the School Board for three consecutive terms, from 1988 to 1997. At different times in her life, she served as president of the Loudon Elementary'PTA, the Booker T. Washington Junior High PTA, the Lucy Addison High PTA and the William Fleming High PTA. In addition, she served on a number of school advisory committees throughout her lifetime. WHEREAS, Ms. Curtis will long be remembered as a woman of wisdom, vision, conviction and love. Having committed a significant part of her life to the children of Roanoke, she was for many years a role model and a guiding light for students, parents and school personnel. The legacy she leaves will most assuredly impact generations yet unborn. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the members of this Council hereby express our sincerest appreciation for the life service of Ms. Marilyn Curtis, and we most' sincerely regret her passing. ATTEST: City Clerk. (540) 853-2941 Fax (540) 224-3178 E-mail: sheriff@ci.roanoke.va.us lnternet: http://www.ci.roanoke.va.us/depts/sheri ff/ August 29, 2000 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council 215 W. Church Ave. S.W. Roanoke, Virginia 24016 Re: Roanoke City Jail Re-Accreditation by American Correctional Association Dear Mayor Smith and Members of Council: On Sunday August 13, 2000, the American Correctional Association Board of Governor's voted to award national re-accreditation to the Roanoke City Jail, based upon an earlier on-site visit by three auditors from the American Correctional Association. This accreditation is a very thorough inspection of all aspects of jail operations, and includes a total of four hundred thirty- nine (439) standards of compliance. The Roanoke City Jail was first awarded accreditation by the American Correctional Association in 1991, and we have successfully undergone the re-accreditation process every three years thereafter. In 1991, we were one of only three local jails in Virginia to receive accreditation by the American Correctional Association, and today remain one of only seven in the State to hold this certification. As you can see this is quite an accomplishment and one which I am very proud of, not just for myself, but for every member of the Sheriffs Office and for the citizens of Roanoke City as well. This process reaffirms what I have always believed, that the Roanoke City Jail is staffed by professionals who take a great deal of pride in their work, and truly care about providing quality care and services to the citizens of our great city. C.' With personal regards, I am Sincerely, George M. McMillan Mrs. Darlene Burcham, City Manager A NA TIONA LL Y ACCREDITED SHERIFF'S OFFICE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA', The 5th day of September, 2000. No. 35043-090500. A RESOLUTION paying tribute to the heroic actions taken by Barrett L. Smith and Kenneth W. Harvey, employees of the City of Roanoke. WHEREAS, on Friday, August 4, 2000, at approximately 9:30 a.m., Barrett L. Smith and Kenneth W. Harvey, employees of the Department of Solid Waste Management, were driving across the 10* Street Bridge in a City vehicle when they noticed a man standing on the outside of the bridge.rail preparing to jump to his death; ~ WHEREAS, Mr. Smith immediately called the Solid Waste Management office by radio and asked them to contact the police. Both Mr. Smith and Mr. Harvey then got out of the truck and began talking with the man, in an attempt to prevent him from committing suicide; WHEREAS, Mr. Smith and Mr. Barrett kept the man from jumping until the police arrived on the scene and successfully prevented the tragedy from occurring; WHEREAS, Without the honorable efforts of Mr. Smith and Mr. Harvey, the man's life woUld almost certainly have come to a sad end on that early August morning; WHEREAS, the heroism of these two City employees demonstrate that one person really can make a difference in the life of another, and their act serves to inspire us to care more for our fellow human beings. In the words of the scholar William James, "Treat every person as if their heart is breaking, because it probably is." THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this means of recognizing Roanoke City employees Mr. Barrett L. Smith and Mr. Kenneth W. Harvey for rising above and beyond the call of duty to save the life of their fellow man. ATTEST: City Clerk. Office of the Mayor CITY OF ROANOKE WHER~S, WHEREAS, The Leukemia & Lymphoma Society is the worM's largest private organization concerned solely with finding a cure for leukemia, lymphoma, Hodgkin 's disease and myeloma and improving the quality of life of patients and their families; and leukemia, lymphoma, Hodgkin 's disease and myeloma are cancers of the body's blood forming immune systems, the bone marrow and lymph nodes, and are considered to be related cancers because they involve the uncontrolled growth of cells with similar functions; and WHEREAS, WHEREAS, staff and volunteers of the Society's fifty-eight Chapters organize campaigns and special events to help raise funds for research and patient services; and the Light the Night Walk is the Society's national evening walk fundraiser in which walkers carry illuminated balloons to celebrate and commemorate the lives touched by cancer, and the local walk will be held on September 21, 2000, with opening ceremonies beginning at 7:00 p.m., at Victory Stadium. NO~F, THEREFORE, I, Ralph K Smith, Mayor of the City of Roanoke, Virginia, in support of the Light the Night Waik fundraiser, do hereby proclaim Thursday, September 21, 2000, throughout this great All-America City, as ROANOKE CITY "LIGHT THE NIGHT" DA Y. Given under our hands and the Seal of the City of Roanoke this fifih day of September in the year two thousand ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor September 5, 2000 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition or disposition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to §2.1-344.A.3, Code of Virginia (1950), as amended. Sincerely, City Manager DLB/f CO: City Attorney Director of Finance Director of Economic Development City Clerk JAMES D. GRISSO Director of Finance September 5, 2000 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Subject: Ordinance changes to comply with Electric and Gas Deregulation Legislation Dear Mayor and Members of Council: Background: The Virginia General Assembly passed legislation deregulating the electric and gas industries in the state. Accordingly, localities in Virginia, including the city of Roanoke are required to amend their consumer utility tax and utility license tax ordinances before October 31,2000. With deregulation, electricity and gas services will be "unbundled" wherein the generator of energy will be separated from the deliverer of energy. Consumers will have the option of purchasing their electricity or gas service from a choice of different companies. These generators or suppliers of energy may be located outside of Virginia. Federal law prohibits local governments from requiring out-of-state companies to collect the tax from residents and businesses in its present form. For this reason, the tax basis must be changed from a percentage of the dollar amount paid by the consumer to a tax based on the amount of energy consumed. Studies have estimated that if the industry were deregulated without modifying state and local tax structures that the total revenue loss would be $200 million and that one half or $100 million would be local revenue loss. The only way to ensure that local governments do not lose substantial revenue in a deregulated environment is to change the basis of the tax to consumption, i.e. kilowatt hours for electricity or 100 cubic feet for gas. The Virginia Municipal League has provided a model ordinance to aid localities in converting their consumer utility tax ordinances to a consumption based tax. It is important to note that while the method for calculating the consumer utility tax will change, the amount of consumer utility tax that a consumer pays each month on their electric or gas bill should remain virtually the same. Honorable Mayor and Members of City Council September 5, 2000 Page 2 State legislation affects two local taxes: 1 ) the consumer utility tax and 2) the utility license tax. As noted above, the consumer utility tax will be changed to a consumption based tax that will have little effect on current revenues. On January 1, 2001, three taxes will be replaced by a state-wide "consumption tax." These three taxes are a) the local utility license tax; b) the state gross receipts tax and c) a regulatory tax imposed by the State Corporation Commission. State law requires that these three taxes be replaced with a "consumption tax" on January 1, 2001. Thereafter, consumers will see a new line on their electricity and gas bills that says "consumption tax." Although the line on the bill will be. new, consumers have been paying the three taxes indirectly for years. These taxes were "imbedded" in the rates of the utility companies and will now be listed as a single tax. The city of Roanoke currently collects a Utility License Tax at the rate of $.40 per $100 of gross receipts and this rate has been in effect since 1980. The maximum tax allowed by state law is one half of one percent or $.50 of $100. The maximum tax amount will be collected state-wide from all consumers on January 1, 2001. If the city of Roanoke does not raise its tax rate to the state's maximum tax rate, then the state will collect and retain the difference between the city's current rate and the maximum rate, in the state's general fund. Revenue Impact: In evaluating the changes that needed to be made to state and local taxes, local governments, industry representatives, and legislators were committed to the concept of revenue neutrality which means a level playing field between in-state and out-of-state energy suppliers; minimal loss of revenue to state and local governments; and, no increase in the tax burden on any class (residential, commercial, or industrial) of electric or gas customer. The increase of the utility license tax from $.40 per $100 of gross receipts to one half of one percent ($.50 per $100) will result in a nominal amount of revenue. However, if this change is not made, all citizens will be paying the tax at the higher rate and the state's general fund will retain the difference between the city's rate and the state's allowable maximum rate. If the changes to the consumer utility tax and the utility license tax are not made, the city of Roanoke could lose $8 million annually because the present authority to levy this tax lapses on December 31, 2000. Historically, the city of Roanoke has achieved tax revenue growth due to utility company rate increases. With the new tax structure being based on consumption units, tax growth will not occur from utility rate increases. Further, the Code of Virginia prohibits any local tax rate adjustments until after January 1, 2004. Honorable Mayor and Members of City Council September 5, 2000 Page 3 Considerations: Any locality that has not changed its local consumer utility tax ordinance by October 31,2000, risks losing consumer utility tax revenue because the present authority to levy this tax lapses on December 31,2000. Sixty days notice is required to be given to electric and gas companies. If the City of Roanoke does not increase its utility license tax to the maximum rate before December 31, 2000, then a portion of the new, state-wide consumption tax paid by the city's residents and businesses that is supposed to be returned to the city of Roanoke will instead be paid to and retained by the state. The Code of Virginia requires that a public hearing occur prior to final amendment to the consumer utility tax and utility license tax ordinances, even though technically the consumer utility tax rate change is not a rate increase. Recommended Action(s): Authorize advertisement for a public hearing on September 18, 2000 to amend the electric and gas consumer utility tax in accordance with recently passed deregulation legislation and the utility license tax to provide for the state's allowable maximum tax. Respectfully submitted, 'l~rlene L. Bur~am City Manager Director of Finance Attachments C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk Sherman Holland, Commissioner of the Revenue Jesse A. Hall, Deputy Director of Finance Dana D. Long, Chief, Billings & Collections C~ I- UJ o o oo ~ mi- oo oo oo n LU 'r X 0 0 o. UJ ~ w 0 (D , o uJ n W 0 0 o o X c 0 0~.) c 0 0 ~i' ,- 0 ~ O0 C) 0 0 {~ (DO C~ 0 ~ o~ c~c~ ~ o o ~ O0 ~ ~ ~ ~ = ~ o ~ ~ 0 m O0 ~ 0 0 'D o o 0 o E ~ oo ~ m ~ ~ . - ~ ~ ~ o ~ 0 ~ 0 ~ ~ ~ 0 o o · - 0 o ~ o ~ ~< ~ ~ ~ o ~ ~ E ~ ~c I ~ ~ ~ ~ ~ 0 ~ E ~ ~ ~ o ~ ~ ~ E > c~ American Electric Power PO Box 2021 Roanoke, VA 24022-2121 '00 ~;,,l~q 24 71:34 AMERICAN ® ELECTRIC POWER The Honorable Ralph Smith Mayor, City of Roanoke 215 Church Avenue, S.W. Room 452 Roanoke, VA 24011 Roanoke City Council Members 215 Church Avenue, S.W. Roanoke, VA 24011 August 23, 2000 Dear Mayor Smith and Members of City Council: During my meeting with the Mayor on August 16, 2000, I asked if it would be helpful for me to attend a future City Council meeting and explain to Council the current status of the AEP Customer Choice pilot program approved recently by the Virginia State Corporation Commission. Following the Mayor's suggestion to contact Mary F. Parker, City Clerk, to ask for an agenda slot, her office listed the September 5 meeting as a possibility, and also asked me to write and explain briefly the topic I would like to cover with the Council members. Following legislation passed by the Virginia House and Senate during the 1999 session, the SCC developed a plan and requested AEP to conduct pilot programs to test the practice of customer's choosing their electric supplier. In addition to the AEP pilot phases, which will run throughout 2001, a transition period of choice will be available for all Virginians for two years beginning in 2002, with full competition beginning after that period. Currently, AEP's Virginia customers are receiving information via mail, bill inserts, and advertising concerning the choices coming to them, and we are encouraging our customers to volunteer to participate in the pilot program. I would appreciate the opportunity to personally brief City Council at the meeting scheduled for Tuesday, September 5, 2000. I estimate it would take 15 minutes to provide you with handout material, briefly cover the pilot, and answer questions from Council. Please contact me at 985-2627 to confirm this meeting or ask any questions. Sincerely, f~ General Manager Community Services dml AIz'I ...America ~' E/te~Rl' l',rt,er'~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #110-323-394 Ms. Beverly James 3566 Wright Road, S. W. Roanoke, Virginia 24015 Dear Ms. James: Your communication tendering your resignation as the City Manager's designee to the Cultural Services Committee was before the Council of the City of Roanoke at a r.egular meeting which was held on Tuesday, September 5, 2000. On motion, duly seconded and unanimously adopted, your resignation was accepted and the communication was received and filed. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as the City Manager's designee to the Cultural Services Committee from February 20, 1996 to September 5, 2000. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Mary F. Parker, CMC City Clerk MFP/vbc Enclosures Ms. Beverly James September 11,2000 Page 2 pc: Michael Brennan, Chairperson, Cultural Services Committee, 4757 Woodley Drive, S. W., Roanoke, Virginia 24018 Susan Jennings, Executive Director, Arts Council of the Blue Ridge, 20 East Church Avenue, Roanoke, Virginia 24011 Darlene L. Burcham, City Manager Stephanie M. Moon, Deputy City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #110-488 Mr. Allen L. Clark 54 Frantz Street' Salem, Virginia 24153 Dear Mr. Clark: Your communication tendering your resignation as a member of the Roanoke Neighborhood Partnership Steering Committee was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. On motion, duly seconded and unanimously adopted, your resignation was accepted and the communication was received and filed. The' Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Partnership Steering Committee from December 12, 1994 to September 5, 2000. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Mary F. Parker, CMC City Clerk MFP/vbc Enclosures Mr. Allen L. Clark September 11,2000 Page 2 pc: Barbara N. Duerk, Chairperson, Roanoke Neighborhood Partnership Steering Committee, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Madam Alam Stacy, Neighborhood Partnership Coordinator Elizabeth Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee Stephanie M. Moon, Deputy City Clerk MINUTES OF ROANOKE CITY COUNCIL AUDIT COMMITTEE August 7, 2000 CALL TO ORDER: '00 18 P:] :56 The meeting of the Roanoke City Audit Committee was called to order at 11:30a.m. on Monday, August 7, 2000, with William White, Sr., presiding. · The roll was called by Mr. Harmon Audit Committee Members Present: William White, Sr. Mayor Ralph K. Smith William H. Carder W. Alvin Hudson Linda F.~ Wyatt Others Present: William D. Bestpitch Robert H. Bird, Municipal Auditor Darlene L. Burcham, City Manager James D. Ritchie, Deputy City Manager William M. Hackworth, City Attorney Jesse A. Hall, Deputy Director of Finance Troy A. Harmon, Assistant Municipal Auditor Tera D. Hamden, Senior Auditor UNFINISHED BUSINESS: None. NEW BUSINESS: B. C. D. E. Elect Chairman of Audit Committee Roanoke City Audit Committee Annual Report - June 30, 2000 Annual Report of the Municipal Auditor - June 30, 2000 Municipal Auditing 2001 Audit Plan Audit Selection Committee Mr. White welcomed the new members and explained how the Committee has worked in the past. Mr. White asked for nominations for Chair. Mr. Hudson nominated Mr. White and Mr. Carder seconded the nomination. Mr. White asked for a vote and the motion passed unanimously (Mayor was not present for this part). Mr. White ordered that items B & C be received and filed and to be included on the Consent Agenda at the next Council meeting. There were no objections to the order. Mr. White ordered that item D be received and filed. There were no objections to the order. Mr. White recognized the Municipal Auditor for comments. Mr. Bird commented on the basis for the new plan. Mr. Carder said that he was glad to see the Auditor's plan addressing Audit Committee Minutes Page 2 quality measurement in operational areas such as Fleet Management. Mr. White commented favorably regarding the audit department's movement in recent years towards pro-active work rather than reacting to problems that arise. Ms. Burcham commented on City management initiatives requiring every department to develop strategic business plans which will include bench marking performance and documenting that City government is spending tax payers' dollars wisely. Mr. Carder commented that Mr. Bird's receptiveness to this type of auditing is good. Mr. White thanked everyone for their comments. Mr. White ordered that item E be received and filed. There were no objections to the order. Mr. White recognized the Municipal Auditor for comments. Mr. Bird provided background information on what the Committee had done in the past, and explained the type of work involved. There were no questions from the Committee. In relation to item E, Mr. White removed himself from consideration due to his professional and business association with a number of the local CPA firms. Mr. White asked Mr. Bird to discuss the amount of time that would be required of a Committee member. Mr. Bird estimated 10 hours minimum to read and hear proposals. No more than 20 hours totals. Mr. Carder removed himself from consideration due to business relationships with some local CPA firms. Mr. White asked Ms. Wyatt if she was interested and she declined due to her demands during school hours. Mr. White asked Mr. Hudson and he agreed to serve on the Selection Committee. Mr. White asked if there were any objections. There were no objections. The Mayor asked how long the City has had the current auditors. Mr. White commented that KPMG has been used by the City for a long time. Mr. Bird explained the proposal and negotiating process; commented that we have always had competing offers and gotten competitive prices as a result. The Mayor commented that it sounds like the process is under control. Ms. Burcham commented that she has had experience with change in auditors at other localities. A change in auditors has both positives and negatives associated with it. A new auditor will require more time to complete the audit, however; does provide fresh perspective. Mr. Bird commented that some local firms are growing and will likely have viable proposals. Mr. Hudson commented that change is good at times. Ms. Wyatt asked if it would be possible to use local firms for pieces of the audit, such as GRTC. Mr. White asked Mr. Bird to note Ms. Wyatt's suggestion for consideration. Mr. White commented that it is sometimes more expensive to break up an audit into smaller pieces and use multiple firms. There were no more questions. 4. ADJOURNMENT: There being no further business, the meeting adjourned at 12:00 p.m. William White, Sr., Chairman Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stephanie M. Moon, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Deputy City Clerk of the City of Roanoke, effective September 1, 2000, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this ~/ day of ~2000. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11,2000 File #15-110-394 Michael Brennan, Chairperson Cultural Services Committee 4757 Woodley Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Brennan: This is to advise you that George ^. Kegley has qualified as a member of the Cultural Services Committee for a term ending June 30, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc '00 ~li~ 24 P3:32 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, George A. Kegley, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Cultural Services Committee for a term of one year beginning July 1, 2000, and ending June 30, 2001, according to the. best of my ability. (So help me God.) Subscribed and sworn to before me this ~'-/ day of ,,~u~.,.~-~ 2000. / ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK N:\CKJSl~Junl9.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #15-110-379 Elizabeth H. Belcher, Greenway Coordinator P. O. Box 29800 Roanoke, Virginia 24018 Dear Ms. Belcher: This is to advise you that Lucy R. Ellett has qualified as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2003. Mary F. Parker, CMC City Clerk MFP:vbc '00~,~,~ ~ 2~ P3 32 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lucy R. Ellett, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Greenways Commission for a term of three years beginning July 1, 2000, and ending June 30, 2003, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this ~ ~' day of 2000. ARTHUR B. CRUSH, !!1, CLERK BY , DEPUTY CLERK H:~Agenda00~.lune 19.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #15-110-318 Glenn D. Radcliffe, Chairperson Human Services Committee Roanoke, Virginia Dear Mr. Radcliffe: This is to advise you that Cynthia S. Bryant and Margaret C. Thompson have qualified as members of the Human Services Committee for terms ending June 30, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc pc: Teresa I. McDaniel, Secretary, Human Services Committee Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Cynthia S. Bryant, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Committee for a term of one year beginning July 1, 2000, and ending June 30, 2001, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this _~_/-i:y~o&_~000.~ ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK N :\CKLO 1 ~AGENDA99\june 19.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Margaret C. Thompson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Committee for a term of one year beginning July 1, 2000, and ending June 30, 2001, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this oqg day of ~ 2000. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK N:SC KLO 1LAGENDA99\june 19 wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #51-66 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a communication from Mr. Kermit M. Giles, Jr., with regard to certain vehicles that were towed away from Giles Auto Sales, 4214 Williamson Road, N. W., which communication was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. The matter was referred to the City Manager. Mary F. Parker, CMC City Clerk MFP:vbc Attachment FROM : GILES AUTO SALES FAX NO. : 548 334 1149 Aug. 23 2000 08:15AM P1 Mr. Kermit M. Giles, Jr. Giles Auto Sales 4214 Williamson Road Roanoke, Virginia 24012 August 23, 2000 Mayor Mr. Ralph Smith City Council Members Roanoke City 215 Chruch Avenue Roanoke, Virginia 24011 Dear Mayor Smith: I am writting this letter concerning the actions of Mrs. Dorsey of the zoning office and Mr. Talevi o£ the city attorney office on their actions of May 4, 2000, against Gilesl Auto Sales. On May 4, 2000 I had a heart.attack 'and later on May 11, 2000 I had triple heart bypass surgery. ON May 4, 2000 Mr. Talevi and Mrs. Dorsey went to my bussiness location at 4214 Williamson Road and towed seven cars and one camping trailer and put them.,.in storage at West Star Towing location. The Federal Court has asked me to file a Adversary suit against the City of Roanoke £or their actions of May 4, 2000 and possible criminal actions against the individuals who entered my car lot without a warrant and towed eight pieces of Giles Auto Sales inventory. Last week the Bederal Court issued an Court Order against the City of Roanoke because Mrs. Dorsey of the zoning office would not issue Giles Auto Sales a business license for the year 2000. The Court order stated that Mrs. Dorsey actions were unlawful, when she tried to change the zoning o£ Giles Auto Sales business location. I am requesting that the Mayor and City Council return the inventory of Giles Auto Sales that Mr. Talevi and Mrs. Dorsey unlawful took or seized on May 4, 2000. Your prompt attention to the above matter would be greatly appreciate and I am looking forward to the Council Meeting on September 5,~2000. Sincerely GILES AUTO SALES THIS LETteR NAS PA~RD TO MRS. PAP~f~.R ON 8/23/00 853 1145. ~UG-23-2888 09:22 540 334 1149 98Z Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #60-319 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a communication from Melody S. Stovall, President of the Board of Directors, Harrison Museum of African American Culture, in connection with additional funding and future plans for the Harrison Museum, which communication was before the Council of the City of Roanoke at a regular meeting on Tuesday, September 5, 2000. On motion, duly seconded and unanimously adopted, a request for $60,767.00 in additional funds and that the Harrison Museum of African American Culture be considered as a line item in the City's budget, was referred to fiscal year 2001-02 budget study. The City Manager was requested to review the history of funding of the Harrison Museum outside of the City's budget process over the past ten years, and report to Council and to the Harrison Museum Board of Directors as soon as possible. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment Darlene L. Burcham September 11,2000 Page 2 pc: Melody S. Stovall, President, Harrison Museum Board of Directors, Harrison Museum of African American Culture, 523 Harrison Avenue, N. W., Roanoke, Virginia 24016 Aletha S. Bolden, Executive Director, Harrison Museum of African American Culture, 523 Harrison Avenue, N. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget HARRISON IMUSEUM OF AFRICAN AMERICAN CULTURE August 28, 2000 To: Mayor Ralph Smith Vice Mayor William Carder Councilman William Bestpitch Councilman Nelson Harris Councilman Alvin Hudson Councilman William White Councilwoman Linda Wyatt On October 25, 1985, the Harrison Museum of African American Culture opened its doors to the public. Since its inception, the museum has partnered with the City of Roanoke, Total Action Against Poverty (TAP), Fralin and Waldron Management and the Northwest Neighborhood Improvement Council to preserve and document African American history and culture for the benefit of Roanoke Valley citizens and visitors. The museum's initial operating support came from CDBG funds, with subsequent support coming from line item status in the city's general fund, and more recently an appropriation from the city's cultural services committee. During the past two years, Harrison Museum has experienced a drastic decrease in financial support from Roanoke City through its cultural services committee. While we have gained ground in our financial support from the Commonwealth of Virginia, the City of Salem, and the Henry Street Heritage Festival, losing critical financial backing from Roanoke City is not acceptable, thus our appearance before the city council. The board of directors and our supporters feel Harrison Museum is an essential fourth leg the Roanoke Valley's total cultural, tourism attraction base (Center in the Square, Transportation Museum, Explore Park, and Harrison Museum of African American Culture). It completes the diversity of subject matter of cultural institutions located in the region. Now this fourth leg is strained and getting weaker. This reduced funding weakens Roanoke City's capacity to serve the cultural needs of the entire community, Also, Harrison Museum of African American Culture is an institutional hub and anchor of the 5th Street corridor thus stabilizing the greater community. It enhances the quality of life, which contributes to the economic well-being and growth of the entire City of Roanoke and Roanoke Valley. We offer a unique niche as a repository of African American culture and history for ALL citizens and visitors to enjoy and gain valuable knowledge of another side of American history. Harrison Museum is for all the people all of the time. It enriches the lives of people in the Roanoke Valley just like the other cultural institutions in the Valley. And it's the only museum of its kind west of Richmond. 523 Harrison Ave., N.W. · Roanoke, Virginia 24016 P.O. Box 12544 · Roanoke, Virginia 24026-2544 (540) 345-4818 · Fax (540) 345-4831 As an institution, Harrison Museum serves as a catalyst for redevelopment and renovation. The museum and the historic Harrison School complement historic Gainsboro, the Higher Education Center, Hotel Roanoke, the GOB South upscale apartments, the Lincoln 2000 Project, the Lick Run Greenway, a revitalized Henry Street, the downtown Roanoke attractions and the new tourist information center in the old Norfolk & Western passenger station. Harrison Museum serves approximately 30,000 persons annually. This figure includes visitors from out of town, the Henry Street Heritage Festival, staff and board member speaking engagements, the traveling exhibitions, and museum foot traffic. The Commonwealth of Virginia has validated the significance of Harrison Museum even when the State was cutting funding to other agencies. We have received a challenge grant of $25,000 each year of the last two years and this year's funding tripled to $75,000. This $75,000 grant must be matched or it will be lost. Additionally, the Virginia Commission for the Arts continues to provide operating funding and performing grants to Harrison Museum. The Board of Directors thanks the City for its past and current financial and in-kind support. For several years, Glenn Radcliff and his staff have been the liaison between the cultural services committee and the museum. We are appreciative of the advice and guidance in the areas of funding, crime prevention, marketing, safety, and beautification given by Chief Gaskins, Chip Snead, Glen Radcliff and our new city manager, Darlene Burcham. In closing, the Harrison Museum of African American Culture is requesting $60,767.00 additional funding for 2000-2001 that brings the funding level up to $78,000.00; the amount originally requested for this fiscal year. And we strongly believe Harrison Museum should once again be treated as a line item in the City's budget for 2001-2002. Respectfully submitted by the Harrison Museum of African American Culture Board of Directors, CC Darlene L. Burcham, City Manager Glenn Radcliff, Director of Human Development Enclosures City of Roanoke History of Financial Support for the Harrison Museum of African American Culture Fiscal Year Cash Amount '1985- 1986 $54,274.00 '1986-1987 - $49,000.00 '1987-1988 - $59,481.00 '1988-1989 - $50,000.00 1989-1990 - $59,842.00 1990-1991 - $85,000.00 1991- 1992 - $85,000.00 1992- 1993 $85,000.00 1993- 1994 $85,000.00 1994- 1995 $85,000.00 1995- 1996 $85,000.00 1996-1997 - $85,000.00 1997-1998 - $82,605.00 1998-1999 - $80,000.00 1999-2000 - $36,272.00 2000-2001 - $17,233.00 CDBG CDBG Cultural Services General Fund Cultural Services General Fund (+$75, 000. O0 CDBG; museum annex construction) * The 1985 thru 1989 Audit Reports did not reflect specific itemized contributions. Therefore, these figures are approximat~ Harrison Museum of African American Culture Year: 2000-2001 1) To raise $215,000 for operations and programming to include $75,000 to match state funds. Projected Budget for July 1, 2000- June 30, 2001 Less State Funds Less Anticipated City of Roanoke Funds $215,000' -75,000 -78.000 Remaining Funds to be Raised $ 62,000 *Projected Budget includes the following staffing: Executive Director, Administrative Assistant, Volunteer Coordinator, Educational Director or Grants Writer/Professional Fundraiser. 2) To increase direct community involvement by providing creative solutions for problems. a. Develop ability to serve as focal point for community planning b. Stabilize immediate community c. Land procurement d. Greenway issue e. Assist City with identification of historic sites f. Complement communities 3) To finalize, adopt, and begin implementation of 5-Year Strategic Plan. a. Marketing Plan b. Programming c. Fundraising d. Partnerships e. Urban Garden f. Park (across from Museum) g. Outdoor Art Park with City as Partner 4) To become a "line item" in the Roanoke City Budget for 2001-2002. 5) To become a major tourist attraction. a. Expanding relationship with Roanoke City Convention Bureau b. Co-op advertising with other groups in the Valley c. Increase retail presence 6) To increase educational programming. 7) To protect museum's memorabilia and artifacts. Harrison Museum of African American Culture PRIORITIES Year: 2001-2002 1) To increase operations and programming budget to $350,000* *Note: Budget amount subject to change upon final approval by Board. Staffing to include Executive Director, Administrative Assistant, Volunteer Coordinator, Education Director, History Curator, Art Curator, Grant Writer/Professional Fundraiscr. 2) To implement an aggressive endowment campaign. a. Foundation for Roanoke Valley b. Planned Giving 3) To continue implementation of 5-Year Strategic Plan. (Includes development and implementation of plans for existing property) 4) To expand community outreach and tourism programs a. Greenway Program b. Virginia Foundation for Humanities c. Public Art Program d. Ancestor Project e. Henry Street Festival f. African American Heritage Trails g. Neighborhood tours and walks 5) To acquire additional property for neighborhood enhancement. 6) To expand educational programming. a. Standards of Learning (SOL) Project b. After School Program (tutoring, involve Seniors) c. Summer Program (Art, music, etc.) d. AmeriCorps *VISTA Program (possible literacy program); economic and educational impact e. Health Issues (impact quality of life) f. Internships - develop attractive opportunities for interns, volunteers, docents g. Speakers Bureau h. Storytelling Program Average 18,000 (~a~ traffi0 & o,~treach) '~ 10,,000 + Executive Director, Administrative Secretary, Curator, Volunteer *Number of Schools served last year: 48 : of active volunteers in 1999:102 D~. M.L. Ki ~ C~lel,~tio,: A W&kshop ~or C~i]re~nuarU Henry Street e Festival September ~' ;;~ ~ ~'::~ Program off~ youn~ · xhlhits - Year round · 1999-2000 Highlights: ' ~ ,,;~,d~.rtnershi~ with 1Jxvlore Park Batmux Proi~ on the No~o$~d W~tem Radroad 1930-1970 I~ To receive Largest State Fun~ing in th may ha~ not b~n mcoun~ for due ~ non man~ HARRISON MUSEUM OF AFRICAN AMERICAN CULTURE BOARD OF DIRECTORS Evelyn Bethel Retired: Social Security Adm. 35 Patton Avenue, NE Roanoke VA 24016 Rupert M. Cutler Retired 2865 Jefferson Street, SE Roanoke, VA 24014 Donna Davis - Secretary Atlantic Mutual 1205 Mercer Ave., NW Roanoke VA 24016 Greta Evans Retired: WSLS TVI0 4327 H Garst Mill Rd Roanoke VA 24018 Craig Filer City of Roanoke 3736 Heritage Rd., SW Roanoke, VA 24015-4518 Janice Gillespie - VP Accountant 7069 Floyd Hwy., North Copper Hill, VA 24079 Nancy Harper - Treasurer SERCAP 1828 Glem'oy Street Roanoke VA 24017 George Heller Retired 322 Patton Avenue, NW Roanoke, VA 24016 Maxine Joiner VA Medical Center 1705 Lonna Drive, NW Roanoke VA 24017 Rachel Jordan Sears 5448 Lamplighter Drive Roanoke VA 24019 Mac McCaddenn Educator 2108 Carroll Avenue Roanoke, VA 24017 Gwen Mitchell Wachovia Bank 111 Franklin Rd., SW Roanoke, VA 24011 Angela Norman City of Roanoke 1731 Michael Street, NW Roanoke, VA 24017 Vickie Price FDETC - Director 3418 Greenland Avenue Roanoke, VA 24012 Earl Saunders Roanoke Housing Authority 79 Winding Way Boons Mill, VA 24065 William Sinkler Retired: Roanoke City Schools 17 Hale Avenue Salem, VA 24153 Melody Stovall - President Roanoke Housing Authority 329 Colorado Street Salem, VA 24153 Hans Wahl Training Consultant 5109 Twelve O'Clock Knob Roanoke VA 2404018-8041 Curtis Welcher General Electric 1635 Westside Blvd. Roanoke VA 24017 Robert White Retired: Bell South 3414 Locust Grove Lane Salem VA 24153 Sadye White Retired: Education 1109 Coopers Cove Rd Hardy, VA 24101 The Museum's Galleries A side view of the historic Harrison School The museum annex was built on Rutherford Avenue to house the museum's permanent collection of art, artifacts, memorabilia, photographs, and documents. The building was designed to blend in with the existing houses. Gallerv Renovated Harrison SchooL It's a national historic landmark. The museum is housed on the ground floor. The Museum Store and Gift Shop features cards, books, artwork, masks, jewelry, clothing, games, musical instruments, kwanzaa kits, and many other items. Museum Hours Tuesday - Friday 10 - 5 Saturday and Sunday 1 - 5 Closed Mondays Scenes Item the I~enty Street I~erit~e Fe~tiv~l~ VERY IMPORTANT ROANOKE CITY COUNCIL MEETING!!!!!!!!! ARE WE GOING TO FINALLY INSIST ON EQUITABLE (FAIR) FUNDING FOR HARRISON? (EXAMPI,F~S OF ~ PROJECTS ~ CITY HAS STRONGLY SUPPORTED-ARGUABLY PROJECTS INITIATED BY NON-MINORITY INTERESTS (FIGUR~ ARE BASED ON AN INDEPENDENT SURVEY) CENTER IN THE SQUARE ANNUAL FUNDING ART MUSEUM OF WSTRN VA PROJECT FUNDG JEFFERSON CENTER GEN. SUPPORT/LOANS HENRY ST. PRKG. GARAGE ONE-TIME SPENDING HIGHER ED. CENTER GEN. SUPPORTIADMIN HOTEL ROANOKE ADMIN/I. OAN REPYMT VISITORS & CONVENTION BRU. ANNUAL SUPPORT MARKET STREET BRIDGE ONE TIME PROJECT $200,000.00 + $4,000.000.00 $1,000,000.00+ $4,ooo,ooo.oo+ $100,000.00+ (EXAMP~ OF ~ PROJECTS THE CITY HAS EXHIBITED SLOW OR NO SUPPORT FOR: ) HARRISON MUSEUM ANNUAL SUPPORT $t7,000.00 (2000) HENRY ST. (RNDC) LIMITED SUPPORT $400,000.00 (-'2000) WASHINGTON PARK (OTHER PEOPLE'S $$) $300,000.00 (RCC) KUUMBA HEALTH CENTER $ 0 COMMUNITY DEVELOPMENT NW PROJS. (CDBG) $500,000.00 MARIONETTE SPRAUVE HOME $140,000.00 HENRY STREET HERITAGE FESTIVAL $ (INKIND) CHECK OUT THE FIGURES...Tm~ PICTURE IS CLEAR...SOME PR~ GET FUNDED...OTHI~RS DON'T THE HARRISON NEEDS YOUR PHYSICAL SUPPORT! ROANOKE CITY COUNCIL MEETING, TUESDAY~ SEPTEMBER 5, 3:00 P.M. AT BRECKINRIDGE MIDDLE SCHOOL 3901 WILLIAMSON ROAD ROANOKE BRANCH NAACP P,O. Box 12362 Roanoke, Virginia 24025 (540) 344-2424 COMMUNITY ASSETS CONSULTANTS HARRISON MUSEUM ~ AFRICAN AMERICAN CULTURE '00 ~!j~ 15 FI2:34 August 8, 2000 Ms. Mary Parker City Clerk 215 Church Avenue Roanoke, Virginia 24011 Dear Ms Parker: The Harrison Museum of African American Culture requests time to speak with City Council at their regular meeting on September 5, 2000 at 2:00 p.m. We respectfully request (15) minutes to make our presentation. Mrs. Melody Stovall, President of the Harrison Museum Board of Directors, along with myself will be making the presentation. We would like to address City Council concerning additional funding, as well as future plans for the Harrison Museum of African American Culture. Please advise me as soon as possible of the amount of time we will be allowed so that we may plan our presentation accordingly. Sincerely, Executive Director 523 Harrison Ave., N.W. · Roanoke, Virginia 24016 P.O. Box 12544 · Roanoke, Virginia 24026-2544 (540) 345-4818 · Fax (540) 345-4831 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #24-178-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35044-090500 amending and reordaining Section 2-124, Application for grants by city manager; authority of city manager to execuh; documents, of Article V, City Manager, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide authorization for the City Manager to file applications for certain funds, and to execute certain documents and amendment to such documents, by increasing the current $25,000.00 threshold limiting execution of grant documents by the City Manager to $75,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Darlene L. Burcham September 11, 2000 Page 2 pc: The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President- Supplements, Municipal Code Corporation, P.O. Box 2235, Tallahassee, Florida 32316 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Steven J. Talevi, Assistant City Attorney Barry L. Key, Director, Management and Budget Vickie S. Tregubov, Grants Specialist, Grants Compliance IN THE COUNCIL OF CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35044-090500. AN ORDINANCE amending and reordaining {}2-124, Application for ~ants by city manager; authori _ty of city manager tO execute documents, of Article V, ~ of Chapter 2, Administration of the Code of the City of Roanoke (1979), as amended, to provide for the authorization of the City Manager to file applications for certain funds, and to execute certain documents and amendment to such documents; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section {}2-124, Application for _re'ants by ci_ty manager; authoriW of ci_ty manager to execute documents, of Article V, ~ of Chapter 2, Administration' of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 2-124. Ar~plicafion for erants by city manager; authority ofci _ty manager to execute document.,, (a) The city manager, for and on behalf of the city, is hereby authorized, subject to the conditions hereat~er established, to make application to the federal government, or any agency of the federal government, or to the state government, or any agency of the state government, for a grant of funds for any public purpose, provided that the city manager shall not without approval of the city council make any application for a grant which would involve the obligation of city funds, and that all grants to the city from the federal government, or any agency of the federal government, or the state government, or any agency of the state government, shall be accepted by city council. (b) The city manager, for and on behalf of the city, is hereby authorized to execute any and all documents, and amendments thereto, relating to any grant funds, or subgrants of funds to subrecipients, which are the subject of subsection (a) of this section, and the conditions therein, up to seventy-five thousand dollars ($75,000). The city manager is also authorized to execute an amendment to any grant or subgrant agreement provided such amendment shall not change the net amount of grant funds involved by more than twenty-five thousand dollars ($25,000). 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD-CAXOCA4~A{Wffi-CM~-.~-~-00 Roanoke City Council Regular Agenda Report September 5, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Amendment of Section 2-124 of City Code Regarding Grants Background: Section 2-124 of the City Code authorizes the City Manager to apply for federal and state grants on behalf of the city if no city funds are to be obligated as a local share commitment. If the obligation of city funds is required for a local share commitment as part of the grant application, City Council approval is required to apply for the grant. Section 2-124 also stipulates that City Council approval is required to formally accept any federal or state grant received. On August 5, 1996, City Council adopted Ordinance No. 33059-080596, amending Section 2-124 of the City Code to authorize the City Manager to execute documents relating to grant funds, or the sub-grant of funds to sub-recipients, in amounts up to twenty-five thousand dollars ($25,000). The City Manager was also authorized to execute any amendment to any grant or sub-grant agreement, provided such amendment does not change the net amount of grant funds involved by more than $25,000. Considerations: City Council annually approves the Consolidated Plan Action Plan, listing the projects to be funded with grant funds received from the U. S. Department of Housing and Urban Development (HUD), and appropriates funding for each project. The implementation of any project in the plan requires an agreement between the city and the sub-grantee, describing the intended use of funding for the project. All appropriation funding is subject to City Council approval prior to the execution of a sub-grant agreement between the city and sub-grantee. Currently, Section 2-124 requires that any project receiving more than $25,000 in HUD grant funding must receive City Council's approval authorizing the City Manager to execute the agreement. In order to improve administrative efficiency and to promote fiscal consistency with the current procurement procedure under which the City Manager can approve bids $75,000 or less without seeking City Council approval, an amendment to Section 2-124 of the City Code is requested to increase the current grant/sub-grant approval threshold from $25,000 to $75,000. The amendment threshold will remain at $25,000, consistent with the City's current policy regarding construction contract change orders. Recommended Action: Approve the attached ordinance amending City Code Section 2-124 to increase the current $25,000 threshold limiting the execution of grant documents by the City Manager to $75,000. Respectfully submitted, Darlene L. Burchla'm City Manager C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Vickie S. Tregubov, Grants Specialist Report # 00-57 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11,2000 File #20-60-67-217-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35045-090500 amending and reordaining certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, providing for the appropriation of $65,000.00, in connection with the Mill Mountain Zoo Access Road. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation Roanoke City CounCil'~ Regular Agenda September 5, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Appropriation of Funds for Mill Mountain Zoo Access Road Background: Hill Studio, P.C. has completed the conceptual plans for the Mill Mountain Zoo Master Plan. The master plan, Mountains of the Orient, proposes to expand the zoo with the addition of an office area, a veterinary services building, numerous animal viewing shelters and exhibits, etc. In order to complete the addition and lessen the impact of heavy construction equipment within the zoo area, Beth Poff, Director of the Mill Mountain Zoo, approached the City about constructing an access road to be utilized as a construction entrance and as a service road once the project is complete. This will help minimize the risk of exposing of the zoo's visitors to the construction traffic. Considerations: Hill Studio, P.C. intends to have the zoo's construction documents completed by the end of September. The Mill Mountain Zoo expansion is dependent upon the access road being constructed and the zoo's construction documents finalized. Once these events occur, the Mill Mountain Zoo expansion will begin. Caldwell White Associates has been hired by the City to provide a conceptual plan to determine the cost and a feasible alignment to minimize the impact of grading an access road on Mill Mountain. Funding of $65,000 is available in the prior year CMERP account; $40,000 from 1998 CMERP and $25,000 from 1999 CMERP. Funds can be appropriated from General Fund account 001-3323 to an account number to be established by the Director of Finance entitled Mill Mountain Zoo Access Road. It is expected that the allocation of the $65,000 in funds for the project will be approximately $5,000 for engineering costs with the remaining $60,000 used for the construction of the access road. Appropriation of Funds for Mill Mountain Zoo Access Road September 5, 2000 Page 2 Recommended Action: Appropriate $65,000 which is available in the prior year CMERP account from General Fund account number 001-3323 to an account to be established by the Director of Finance, entitled Mill Mountain Zoo Access Road, in the Capital Projects Fund. Respectfully submitted, City Manager DLB/CDA/bls C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance # 00-167 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #60-270-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35046-090500 amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, providing for reappropriation of CMERP funds, in the amount of $400,626.00, which funds were previously appropriated in the fiscal year 1999-2000 General Fund budget, in connection with the City's Annual Street Paving Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Robert K.,Bengtson, Director, Public Works IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September, 2000. No. 35046-090500. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the 'same are hereby, amended and reordained to read as follows, in part: ADDropHation_~ Public Works Paving Program (1). $ 23,780,351 .............. .......................... 2,019,564 Fund Balance Reserved for CMERP (2) .................................... $ 1 ) Fees for Professional Services $ 2) Reserved for CMERP-City (001-530-4120-2010) (001-3323) 400,626 (400,626) 4,918,614 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Repor~o September 5, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Re-Appropriation of Funds Previously Appropriated in Fiscal Year 1999 - 2000 General Fund Budget Background: On May 15, 2000, City Council accepted the bid and authorized the City Manager to enter into a contractual agreement with Adams Construction Company in the amount of $1,952,443.10 for the FY 1999 - 2000 Paving Program. Considerations: The annual Paving Program contract uses funding that spans two fiscal years in the General Fund. Funds in the amount of $400,626.00 were unobligated at the close of FY 1999 - 2000 in the Street Paving account. The unobligated funds need to be re- appropriated into the Street Paving account and encumbered to Adams Construction Company to complete the paving contract. Recommended Action: Re-appropriate $400,626.00 in CMERP funds to Street Paving account number 001-530- 4120-2010. DLB/RKB/bls c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Respectfully submitted, -Darlene L. Burchan~ City Manager # 00-169 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #72-335 Rodney P. Furr, Chairperson Blue Ridge Community Services 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Mr. Furr: I am enclosing copy of Resolution No. 35048-090500 ratifying amendments to the By-Laws of Blue Ridge Community Services as set forth in an attachment to the City Council report dated September 5, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. MFP:vbc Enclosure pc: Sincerely, Mary F. Parker, CMC City Clerk James Sikkema, Executive Director, Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001 Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September, 2000. No. 35048-090500. A RESOLUTION ratifying amendmentstothe By-Lawsto Blue Ridge Community Services. WHEREAS, the Board of Directors of Blue Ridge Community Services has requested that Council ratify certain amendments to its By-Laws, including: · The name of the agency will become Blue Ridge Behavioral Healthcare, effective January 1, 2001, to better reflect their mission. (Article I, Section 1,3; Article IV, Section 8; Article X, Sections 1, 2, 3, 4, 5) · The ordering of Officers and their duties was clarified. (Article 8, Sections 1, 2e, 3, 4, 5) · The composition of the meeting Quorum was redefined. (Article 4, Section 8) · Standing Committees ware renamed and redefined to comply with service restructuring. (Article IX, Sections 3, 4, 5, 6) · References to New Board Member Orientation were deleted because they are required elsewhere by regulation. (Article XlI) · Renumbering of Articles XlII, XlV, and XV due to the deletion of Article XII, Orientation of New Board Member. · The period of Notice for By-Laws Changes was increased from five days to fifteen days. (Article XlV) WHEREAS, the City of Roanoke is a participating political subdivision in Blue Ridge Community services, and this Council desires to grant the requested ratification. THEREFORE,~ BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby ratifies the amendments to the By-Laws of Blue Ridge Community Services set out verbatim in the attachment to the Council report dated September 5, ATTEST: City Clerk. Roanoke City Council Regular Agenda Report September 5, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Blue Ridge Community Services By-Law Ratification Background: The Board of Directors of Blue Ridge Community Services, at its June 15, 2000 meeting, adopted revisions to their By-Laws. The revisions to the By-Laws were made to reflect changes to the organizational structure. Considerations: The By-Law changes requested to be ratified are as follows: · The name of the agency will become Blue Ridge Behavioral Healthcare, effective January 1, 2001, to better reflect their mission. (Article I, Section 1,3; Article IV, Section 8; Article X, Sections 1, 2, 3, 4, 5) · The ordering of Officers and their duties was clarified. (Article 8, Sections 1, 2e, 3, 4, 5) · The composition of the meeting Quorum was redefined. (Article 4, Section 8) · Standing Committees were renamed and redefined to comply with service restructuring. (Article IX, Sections 3, 4, 5, 6) · References to New Board Member Orientation were deleted because they are required elsewhere by regulation. (Article XlI) · Renumbering of Articles XIII, XlV, and XV due to the deletion of Article XII, Orientation of New Board Member. · The period of Notice for By-Laws Changes was increased from five days to fifteen days. (Article XIV) The Blue Ridge Community Services Board recommends ratification of the changes in our By-Laws as required by regulations promulgated under Title 37.1, Chapter 10 of the Code of Virginia. The changes have been reviewed by staff in the Department of Human Services. Recommendation: Approve the By-Law changes as requested by the Board of Directors of Blue Ridge Community Services as required by the regulations promulgated under Title 37.1, Chapter 10, of the Code of Virginia. Respectfully submitted, City Manager Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Services Rod Furr, Chairman, Blue Ridge Community Services James Sikkema, Executive Director, Blue Ridge Community Services REPORT #: 00-438 Blue Ridge Community Services JUi'l Rodney P. Furr Chairman William L. Lee V/ce Chairman Meredith B. Waid Treasurer Rita J. Gliniecki Secretary Executiv~ Director S. James Sikkema, LCSW June 16,2000 The Honorable David A. Bowers Mayor, City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor Bowers: At its regular meeting on June 15, 2000, the Board of Directors of Blue Ridge Community Services passed the enclosed revisions to our by-laws, which are being sent to you for your ratification. These revisions have been made to reflect recent changes to our organizational structure as follows: The name of the agency will become Blue Ridge Behavioral Healthcare, effective January 1, 2001, to better reflect our mission · The ordering of Officers and their Duties has been clarified and put into outline form · The composition of the meeting Quorum has been redefined · Standing Committees have been renamed and redefined to comply with our service restructuring · References to New Board Member Orientation have been deleted as duplicative, because they are required elsewhere by regulation · The period of Notice for By-Laws Changes has been increased from five days to fifteen days Our Board recommends ratification of the changes in our by-laws as required by regulations promulgated under Title 37.1, Chapter 10 of the Code of Virginia, and requests that they be placed on the agenda for consideration at a future meeting of the City Council. If you have any questions about the changes or require additional information, please do not hesitate to contact Mr. S. James Sikkema, LCSW, our Executive Director. Thank you for your continued support of our efforts to serve the residents of the Valley. Sincerely, Rodney P.,Fdrrl Chairman RPF:hr C: Darlene Burcham, City Manager Roanoke City Council Executive Offices - 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke TI'Y: (540) 345-0690 BY-LAWS '00 for ~' '"" R~DGE ~,",,.,., ..,,'rv SER~/,CE~ BLUE RIDGE BEHAVIORAL HEALTHCARE (name chan.qe effective January 1, 2001) ARTICLE ! The name shall bo 9LUE °'DGE ,-.~,A, ,k,,-rv ~--,-,~,,-,=o BLUE RIDGE BEHAVIORAL HEALTHCARE. ARTICLEII-PURPOSE Section 1. To serve as an operating GS~ Community Services Board providing a system of comprehensive community mental health, mental retardation and substance abuse services under local control. Section 2. To relate and integrate existing and planned programs. Section 3. To assure quality service and continuity of care in the areas of emergency services, case management, prevention, case finding, consultation, diagnosis, treatment, care, training, prescreening, case and rehabilitation by the establishment of new programs under direct administration of the Blue Ridge "'................,;"' .....~"'~'~"........ Behavioral Healthc.~r~ Board where current programs are non-existent or inadequate, or by entedng into affiliatory agreements with agencies already providing services for the enhancement of those services, or for the creation of such services. Section 4. To provide continuing education to the public, ongoing research, training of personnel and evaluation of ongoing programs. ARTICLE III - MEMBERSHIP Membership shall number sixteen, with three members each from the Cities of Roanoke and Salem and the Counties of Botetourt and Roanoke, and one member from the County of Craig. Three members at large are to be recommended by the Board and must be jointly appointed by the five jurisdictions. One third of the appointments to the Board shall be identified consumers or family members of consumers, at least one of whom shall be a consumer receiving services. The Board shall inform the member governments of the number of Board members in each of the above categories pdor to each appointment cycle. This Board shall represent the Cities of Roanoke and Salem and the Counties of Botetourt, Craig, and Roanoke who shall appoint Board members and shall notify the Board of appointees. The term of office shall be for three years from the first day of January of the year of appointment. Terms of office will be staggered to provide that no more than six terms expire in a given year. Any adjustment to the expiration date of current terms will be accomplished by attrition through expidng terms or other vacancies. Vacancies shall be filled for the unexpired term. No person shall be eligible to serve more than three successive three-year terms, provided that persons heretofore and hereafter appointed to fill vacancies may serve three additional successive terms. Any member of the Board may be removed by the appointing authority for cause, after being given a wdtten statement of the causes and an opportunity to be heard thereon. ARTICLE IV- POWERS AND DUTIES. Section 1. To serve as Board of Directors for the Mental Health, Mental Retardation and Substance Abuse Services program. Section 2. To be the sole recipient of local tax funds to be matched by State and/or Federal funds for the mental health, mental retardation and substance abuse services programs and to have authority for the expenditure of all said local tax funds allocated to it. Section 3. To review and evaluate programs either operated directly or through contractual agreements to ensure the adequacy of service, conformance to standards accepted, and make certain that community needs for mental health, mental retardation and substance abuse services are being met. Section 4. To submit to the governing body or bodies of each political subdivision, of which it is an agency, an annual performance contract for community mental health, mental retardation and substance abuse services and facilities. Section 5. Within amounts appropriated thereon, to execute such program and maintain such services as may be authorized under such appropriations. Section 6. To enter into contracts for rendition or operation of services or facilities. Section 7. To make rules or regulations conceming the rendition or operation of services and facilities under its direction or supervision, subject to applicable standards or regulations of the Department of Mental Health, Mental Retardation, and Substance Abuse Services. Section 8. Section 9. Section 10. Section 11. Ss~ct.,!cn 12. Section !3 Section 1. Section 2. To appoint an cxccuti';c director Executive Director of Blue Ridge "'.-..,,,,,,..,,,..:*" ....,~-'-'~"~-.,...... Behavioral Healthcare whose qualifications meet the standards fixed by the Department of Mental Health, Mental Retardation, and Substance Abuse Services and prescribe his duties. The compensation of such executive director shall be fixed by the Board and within the amounts made available by appropriation therefor. This e,,<eeut4ve diceeter- Executive Director will be responsible directly to the Blue Ridge r.....,,,,,,..,,,.,~,., .~..,~"'"""".,..w Behavioral Healthcare Board for all aspects of programs directly and indirectly under the purview of the Blue Ridge r. ...... ;~" ~"';"~ Behavioral Healthcare Board. To prescribe a reasonable schedule of fees for services provided by personnel or facilities under the jurisdiction or supervision of the Board and for the manner of collection of same; provided, however, that all collected fees shall be included in the performance contract submitted to the participating governments provided, further, that such collected fees shall be used only for the provision of community mental health, mental retardation and substance abu~ services. To accept or refuse gifts, donations, bequests or grants of money or property from any source and utilize the same as authorized by the political subdivisions, of which it is an agency. To seek and accept funds through State and Federal grants and maintain a line of credit sufficient to maintain the day-to-day operations of the programs under its jurisdiction. O,"i;=ntctlon ~ ..... ' 12. To ensure that the financial records of Blue Ridge "'...... Behavioral Healthcare are audited annually by an independent auditor approved by the City of Salem, serving as fiscal agent by agreement of the participating governments, and that the auditor's report is submitted to the political subdivisions, of which it is an agency and to the Department of Mental Health, Mental Retardation, and Substance Abuse Services. ARTICLE V- OFFICERS Officers of this Board shall be Chairman, Vice-Chairman, Sesmta~ Treasurer an~ Secretarv. The duties of the Chairman shall be: a. To preside at ali meetings of the Board and the Executive Committee. 3 b. To appoint all committees deemed necessary for the operation of the Board as authorized by the Board. c. To work closely with the Executive Director and staff. d. To perform any other duties determined by the Board. Section 3. duties of the Vice-Chairman shall be: a. To oerform the duties of the Chairman in his/her absence. b. To oerform any other duties as assi,qned by the Board or the Chairman. The duties of the Treasurer shall ~: a. TO ~o~ the duties of the Chai~an in the ab~n~ of the Chai~an and the ~hai~an. b. TO se~e as Chai~an of the Budoat and Finan~ Commiff~. Section 5. end Fi.-.=.-.",,~,~ Cc.-....-.k",,~=. The duties of the Secretary shall be: a. Tq I~rf0rm the duties of the Chairman in the absence of the Chairm{~n, the Vice-Chairman. and the Treasurer. b. TO ensure that accurate records of all Meetinos of the Board are maintained. c. To I~rf0rm any other dutie~ aS assif:lned by the Board or the Chairman. ARTICLE VI - NOMINATIONS. ELECTION AND TERMS OF OFFICE Section 1. A Nominating Committee will be appointed in time to make recommendations to the Board with regard to a slate of prospective Board officers at least thirty days pdor to the end of each calendar year. 4 Section 2. The Board shall elect its officers at the last meeting preceding the new calendar year. Section 3. The term of office shall begin on January 1 and shall be for one year. No officer may serve more than two consecutive terms in the same office. A majority of those present and voting shall constitute an election. Section 4. Any vacancy occurring in the officers shall be filled by the Board. ARTICLE VII - MEETINGS Section 1. Regular meetings shall be held at a time to be determined by the Board. Section 2. Section 3. Special meetings may be called by the Chairman or upon wdtten request of three members. The quorum for all Board meetings shall be six members, including-the Chc!,,-m..=~ c; \r',c= Chcl;m=.':. one officer of the Boar~. Section 4. The Executive Committee shall meet at the discretion of the Chairman. Section 5. The quorum for all Executive Committee meetings shall be a majodty of the Committee. ARTICLE VIII - EXECUTIVE COMMITTEE Section 1. The elected officers of the Board shall constitute the Executive Committee of which the Chairman and Secretary shall be, respectively, Chairman and Secretary. Representation of each jurisdiction shall be assured by the appointment of a member to the Executive Committee when no elected officer represents such jurisdiction. Section 2. It shall be the duty of this Committee to conduct the necessary business between meetings of the Board. All actions taken are subject to retification at the next regular meeting of the Board. Section 3. It shall be the duty of this committee to conduct an annual evaluation of the Executive Director for presentation to the full Board and to act for the Board in contract negotiations with the Executive Director. ARTICLE IX - STANDING COMMITTEE~ The Chairman of the Board andthe Executive Director will be ex-officio members of all committees to which they are not specifically appointed. There shall be the following standing committees, whose function shall be advisory to the Board: Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 1. Budaet and Finance. This Committee shall review the budgets, financial affairs and policies, and audit reports of the agency and its subcontractors, and make recommendations to the full Board. In addition, it shall aid in th® presentation of budgets at vadous levels of governments. Community Relations. This Committee shall implement a program of information for the vadous agencies and governments and the public in conjunction with the Executive Director. ~"~"*"'.........,. 0~*""""*;"-................ Community Support Services Commiffee~ This Commiffee will review community ment:~ -=t=-dct~on suooort programs and make recommendations to the Board for the enhancement of me~k~ r.e~am~tie~ these services. In addition, this committee will participate in the Board's planning process for the .M=,-,tcl "'=tc;d='"c'- Community SuDDort Services orogram area. ~ Administrative Services Committee. The function of this Committee is to review and make recommendations to the Board concerning pemem=~- Human Resources and Quality Assurance policies and guidelines. Mc.-.t:! H__.cl;h Child and Family Services (;~mmittee. This Committee will review ....... a. .... '-' ~':='th child and family services orograms and make recommendations to the Board for the enhancement of ~ these services. In addition, this Committee will participate in the Board's planning process for the IVle~,~d.44ea#~ Child an~l Family Services program area. S,ab~mee-~euee- Assessment and Counselina Services (;ommitte~. This Committee will review ...... ~*- .... ~-* ....~, .... ............ , ............ assessment and counselina programs and make recommendations to the Board for the enhancement of "'...:Lc=*_.-.-.= =~'.:-..= these service~. In addition, this Committee will participate in the Board's planning process for the ,~estaRee Abase- Assessment and Counselina ~qrvices program area. ARTICLE X - INDEMNIFI~ATI(;:)N Blue Ridge ,.,...............,~.......°A"'"'"-"........ Behavioral Healthcare shall indemnify any parson who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action or suit by or in the dght of Blue Ridge Cc.-....-.un~."; $....'-;~== Behavioral Healthcare to procure a judgment in its favor) by reason of the fact that he is or was a director or officer of Blue Ridge "'...............,~'-' ......°----'"-'---........ Behavioral Healthcare or is or was serving at the request of Blue c,..,~.A ,-, ...... :,,, ~ Behavioral Healthcare as a director or officer of a corporation, partnership, joint venture, trust or other enterprise, against judgments, fines, amounts paid in settlement, and expenses (including attorneys' fees) actually and reasonably incurred by him in connection with such action, suit or procccding except only in relation to any claim, issue or matter as to which such person shall have been finally adjudged to be liable for his gross negligence or willful misconduct. Each such indemnity shall inure to the benefit of the heirs, executors and administrators of such person. Section 2. Any indemnity under subsection (1) above shall (unless authorized by a court) be made by Blue Ridge "' ...... ;~,, ~--.-.~-.~ ............. , ....... Behavioral Healthcare only as authorized in the specific case upon a determination that the director or officer was not guilty of gross negligence or willful misconduct in the performance of his duty and, in case of a settlement, that such settlement was, or if still to be made is, consistent with such indemnity and the best i ".. ............ · S=.-v,cc... Behavioral Healthcare. Such interests of Blue R dg.. '*' ...... ~'-. . ! -- determination shall be made (i) by the Board of Directors by a majodty vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (ii) if such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion. If the determination is to be made by the Board of Directors, it may rely, as to all questions of law, on the advice of indent counsel. Section 3. Expenses incurred in defending an action suit or proceeding, whether civil, administrative or investigative, may be paid by Blue Ridge ~' ...... Sm=vieee- Behavioral Healthcare in advance of the final disposition of such action, suit or proceeding as authorized by vote of the persons provided in subsection (2) of this section, upon receipt of an undertaking by or on behalf of the director or officer to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by Blue Ridge '" ,Se~viees,. Behavioral Healthcare as authorized in this section. Section 4. The dght of indemnification provided by this section shall not be exclusive of any other dghts to which any director or officer may be entitled, including any right under policies of insurance that may be purchased and maintained by Blue Ridge ,-,.........._....,~........e'"-'=-'~'........ Behavioral Healthcare or others, even as to claims, isa~m~ or matters in relation to which Blue Ridge Cc..re..m.'.:..-.~.'y Se~visee- Behavioral Healthcare would not have the power to indemnify such director or officer under the provisions of this section. Section 5. Blue Ridge Cc-..-.'.:'.-.!.'-; S=.'-:P"-....= Behavioral Heelthcare may purchase and maintain at its sole expense insurance against all liabilities or losses it may sustain in consequence of the indemnification provided for in this section, in such amounts and on such terms and conditions as the Board of Directors may deem reasonable. ARTICLE Xl - CONSUMER INVOLVEMENT It shall be the policy of this Board to encourage, and be receptive to, consumer involvement. Meetings of the Board shall be open to the public. Liaison with Identified consumer groups will be maintained to facilitate optimum consumer involvement. Pedodic reports (such as the Blue Ridge ~ ...... ~"' Sc"';c..~= Behavioral Healthcare Annual Report, Newsletter, and evaluation reports) will be available to the public, and copies distributed to appropriate consumer organizations. ARTICLE XIII XII- CONFLICT QF INTEREST Whenever a Board member or Committee member has cause to believe that a matter to be voted upon would involve him in a conflict of interest, he shall comply with the provisions of the Virginia Comprehensive Conflict of Interest Acts, Sections 2.1-599, et seq.~. 1950 Code of Virginia, as amended. ARTICLE XIV Xlll Robert's Rules of Order, revised, shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these By-laws. ARTICLE .~.; XlV These By-laws shall be reviewed annually by the Board and may be amended at any regular meeting of the Board by two-thirds vote of those present and voting, notice having been submitted in writing five- fifteen (15) days pdor to the meeting, subject to the approval of the participating governing bodies. Adopted at a regular meeting of the Board ~ ~. I~, Q. oo o Date Secretary by unanimous vote. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35050-090500. A RESOLUTION authorizing acceptance of a grant fi.om the Virginia Delinquency Prevention and Youth Act Prevention on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant fi.om the Vir~nia Delinquency Prevention and Youth Act Prevention, in the amount of $40,705.00, to continue coordinated planning and program implementation of the Office on Youth, as set forth in the City Manager's report dated September 5, 2000, is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. All documents shall be approved by the City Attorney. ATTEST: City Clerk. H:~C~-YOI2~ROO - 9-$-00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11,2000 File #60-236-304 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35049-090500 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $40,705.00, in connection with acceptance of a grant from the Virginia Delinquency Prevention and Youth Act Prevention to continue coordinated planning and program implementation of the City's Office on Youth. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. Mary F. rker, CMC City Clerk MFP:vbc Attachment pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development Glenn D.,Radcliffe, Director, Human Services Marion Vaughn-Howard, Youth Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September, 2000.. No. 35049-090500. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDrop~aflona Health and Welfare Office on Youth FY01 (1-19) .............................. $ 3,843,559 80,281 Health and Welfare Office on Youth FY01 (20-21) ............................. $ 3,843,559 80,281 1) Regular Salaries 2) Temporary Wages 3) Salary.SUpplement 4) ICMA 5) ICMA Match' ' 6) FICA 7) Hospitalization Insurance 8) Dental Insurance 9) Disability Insurance 10) Telephone 11 ) Administrative Supplies 12) Special Projects 13) Expendable Equipment < $5,000 14) Training and Development 15) Printing (035-630-8838-1002) $ 46,552 (035-630-8838-1004) 799 (035-S30-8838-1050) 900 (035-630-8838-1115) 4,271 (035-630-8838-1116) 520 (035-630-8838-1120) 3,997 (035-630-8838-1125) 2,100 (035-830-8838-1126) 185 (035-630-8838-1131) 140 (035-630-8838-2020) 1,600 (035-630-8838-2030) 1,000 (035-630-8838-2034) 11,534 (035-830-8838-2035) (035-630-8838-2044) (035-630-8838-2075) 500 1,500 500 16) Postage 17) Other Rental 18) DOT Personal Computer Rental/Maintenance 19) Management Services 20) State Grant Receipts 21) Local Match (035-630-8838-2160) (035-630-8838-3075) $ 5O0 2,003 (035-630-8838-7007) 980 (035-630-8838-7015) 700 (035-630-8838-8838) 40,705 (035-630-8838-8830) 39,576 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report September 5, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Office on Youth Grant Background: The Office on Youth received its first grant from the Virginia Delinquency Prevention and Youth Development Act (VA DP&YD) on June 17, 1980. This year, the City has applied for and received funding from the VA DP&YD Act. This grant will provide the continuation of coordinated planning and program implementation of the Office on Youth. The 2000-2001 grant budget is as follows: Budget State Local Cash Category Funds Match Total Personal Services $40,705.00 $18,759.00 $59,464.00 Operating Expenses $ 0.00 $20,817.00 $20,817.00 Total $40,705.00 $39,576.00 $80,281.00 Local Cash Match was appropriated in the approved 00/01 FY Budget in transfer to Grant Fund Account 001-250-9310-9535. Recommended Action(s): Authorize the City Manager to execute the appropriate documents to accept the state grant and appropriate grant' funds to the appropriate revenue and expenditure accounts in the Grant Fund. Respectfully submitted, Attachment c: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Services Marion Vaughn-Howard, Program Manager Report # 00-440 Budget Breakdown 1002 Employee Salary $46,552.00 1004 Temporary Wages 799.00 1050 Salary Supplement 900.00 1115 ICMA 4,271.00 1116 ICMA Match 520.00 1120 FICA 3,997.00 1125 Hospitalization Insurance 2,100.00 1126 Dental Insurance 185.00 1131 Disability Insurance 140.00 2020 Telephone 1,600.00 2030 Administrative Supplies 1,000.00 2034 Special Projects 11,534.00 2035 Expendable Equipment (<$5,000) 500.00 2044 Training & Development 1,500.00 2075 Printing 500.00 2160 Postage 500.00 7007 DOT Personal Computer 980.00 7015 Management Services 700.00 3075 Other Rental 2,003.00 TOTAL $80,281.00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #60-236-304 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35051-090500 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $86,505.00, in connection with acceptance of reimbursement from the United States Department of Agriculture Food and Nutrition Service, for coordinated planning and program implementation of the Summer Food Service Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Marion Vaughn-Howard, Youth Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of September, 2000. No. 35051-090500. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDrODHaflon$ Health and Welfare $ 3,945,309 Summer Food FY01 (1-3) ................................. 101,750 Revenues Health and Welfare Summer Food - FY01 (4-5) ................................. 1) Temporary Wages 2) FICA 3) Program Activities 4) Federal Grant Receipts 5) Local Match- _-. (0~185-1(X)4) (035-630-5185-1120) (035-630-5185-2066) (035-630-5185-5201) (035-630-5185-5202) $ 14,162 1,083 86,505 86,505 15,245 $ 3,945,309 101,750 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #60-236-304 Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35052-090500 authorizing acceptance of reimbursement from the United States Department of Agriculture Food and Nutrition Service, in the amount of $86,505.00, for coordinated planning and program implementation of the Summer Food Service Program, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 5, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Marion Vaughn-Howard, Youth Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35052-090500. A RESOLUTION authorizing acceptance of reimbursement from United States Department of Agriculture Food and Nutrition Service on behalf of the City for program costs for the implementation of the summer program, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The funds from the United States Department of Agriculture Food and Nutrition Service, in the amount of $86,505.00 for coordinated planning and pr'o~ram implementation of the Summer Food Service Program, as set forth in the City Manager's report dated September 5, 2000, is hereby ACCEPTED. 2. The City Manager, or her designee, is hereby authorized to execute any and all requisite documents, pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing funds.. All documents shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report September 5, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Summer Food Appropriation Background: The City of Roanoke continues to provide wholesome activity for the nutritional needs of children and youth during the summer months through its Office on Youth supervised Summer Nutrition Program. Breakfast and lunch is provided to children throughout the City from mid-June through early August. This summer more than 2,300 children/youth received lunch and/or breakfast on a daily basis at seventeen sites (See Attachment ). Funds for the program, now in its seventh year, are provided through the United States Department of Agriculture Food and Nutrition Service. It is similar in concept to the National School Lunch Program with eligibility requirements much like those used to determine eligibility for free or reduced priced meals during the school year. The purpose is to provide nutritionally balanced healthy meals to children ages one through eighteen. Adult summer staff manages the program; however, some youth are hired to assist at the feeding locations. The City is reimbursed on a per meal basis. Local cash match in the amount of $15,245.00 was appropriated in the FY 01 General Fund budget in the Transfer to Grant Fund account, 001-250-9310-9535. Recommended Action(s): Authorize the City Manager to accept the federal funds of $86,505.00 from the United States Department of Agriculture Food and Nutrition Service. Authorize the Director of Finance to establish a revenue estimate in the amount of $101,750.00, and appropriate funds to expenditure accounts listed in Attachment. Attachment Re%pectfully submitted, ' %,:L Darlene L. Burch~tm City Manager C: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Services Report No. 00-441 Attachment Budget Breakdown 1004 Temporary Wages $14,162.00 1120 FICA 1,083.00 2066 Program Activities 86,505.00 TOTAL $101,750.00 Summer Food Sites 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Apple Ridge Farms, Cooper Hill (off-site center) Blue Stone Housing Project Eureka Park Recreation Center Hunt Manor Housing Project Hurt Park Housing Project Indian Rock Village Housing Project Jamestown Place Housing Project Lansdowne Housing Project Lincoln Terrace Housing Project Jackson Park Recreation Center Rutherford Head Start Center Fairview School Salvation Army Noel C. Taylor Academy YMCA Family Center STRIVE 9th Street Boys & Girls Club Department of Finance City of Roanoke, Virginia September 5, 2000 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance July Financial Report This financial report covers the first month of the 2000-2001 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect a decrease of 18.05% or $223,000 compared to FY2000. Reversal of year end aCcounting entries distorts the comparability of July's revenue. Comparability will be enhanced in future months' financial statements. Variances in specific categories of revenues are as follows: General Property Taxes decreased .61% or $1,900. Delinquent real estate tax collections decreased, as did revenue from penalties and interest on the payment of delinquent taxes. These declines have been offset by increases in delinquent personal property and public service corporation tax revenues. The majority of property tax revenue will be received in future months as the taxes become due. Other Local Taxes are down 7.68% or $79,000 due to a decline in business and occupational license revenue and decreased E911 telephone surcharges. E911 telephone surcharges declined as a result ora timing difference in the receipt of revenue. These declines were offset somewhat by an increase in cellular telephone utility consumer tax. Permits, Fees and Licenses are up 6.38% or $3,900, led by heating inspection fees and fire protection permits. Fines and Forfeitures increased 42.35% or $25,000, due to increased general district court fines and general district court collection fees, resulting from an increased case load. Revenue from parking tickets also increased. Revenue from Use of Money and Property is up 66.28% or $46,000. The majority of the increase in this revenue category is due to an increase in interest income, as a result of a higher average cash balance than in July 1999. Grants-in-Aid Commonwealth decreased $235,000 or 42.99%. Revenues in this category are negative for the month ended July 31 of both years due to the reversal of year end accounting entries that accrue income at June 30 for financial reporting purposes. As revenues are actually received, this category total becomes positive. A timing difference in the receipt of rolling stock tax and the reallocation of revenue from the operation of the juvenile detention home to the Roanoke Valley Detention Commission, account for the decline in this category. Charges for Services increased $39,000 or 19.83 % due to an increase in weed cutting and demolition charges. These revenues were down in FY2000, compared to historical performance. Miscellaneous Revenue decreased 44.54% or $16,000, in part due to a decrease in the proceeds from the sale of surplus property. Receipt of proceeds from the auction of unclaimed property by the Police Department in July 1999 resulted in an increase in revenue in this category in the prior fiscal year. Internal Services are down 16.82% or $4,700 due to a decline in engineering billings. Honorable Mayor and Members Roanoke City Council September 5, 2000 Page 2 EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have decreased .59% or $86,000 since FY2000. Significant variances in individual expenditure categories are discussed as follows: Judicial Administration expenditures decreased 20.72% or $89,000. The reversal ora year end journal entry to accrue expenses incurred by Juvenile and Domestic Relations Court Services for juvenile detention placements accounts for the majority of the decrease in this category. These expenses represent obligations to the Roanoke Valley Detention Commission (RVDC), which is now an independent organization for which the City serves as fiscal agent. Payments to RVDC for juvenile home placements are now accounted for as expenditures of the Juvenile and Domestic Relations Court. Public Safety expenditures are down $288,000 or 8.21%. Juvenile Detention Home expenditures were previously included in this category. As noted above, the RVDC is now an independent organization and payments to RVDC are now accounted for as expenditures of the Juvenile and Domestic Relations Court. Fees for professional services of the jail have declined, while reimbursements for the housing of other jurisdiction's prisoners have increased. Public Works expenditures increased 4.65% or $161,000. Solid Waste - Refuse expenditures have increased as a result a timing difference in payments to the Roanoke Valley Resource Authority. Additionally, the reversal of a year end accrual, which will be offset by the receipt of reimbursements in August, has impacted expenditures. Paving Program expenditures have also increased. Parks, Recreation and Cultural expenditures declined 10.91% or $54,000. Increased Cultural Services Committee expenditures resulting from timing differences in the payment of contributions have been offset by decreases in Recreation and Libraries expenditures. Community Development expenditures are down $122,000 or 26.09% due to a decrease in Memberships and Affiliations expenditures to the Convention and Visitor's Bureau and timing differences in payments to other organizations. Nondepartmental expenditures increased 25.75% or $143,000, as a result of increased transfers to Capital Projects and Grant Funds. Transfer to Capital Projects Fund increased as a result of transfers made to provide the local share of funding to the Virginia Department of Transportation for local road improvement projects. Transfer to Grant Funds is up due to increased Virginia Juvenile Community Crime Control Act funding designated for the grant fund programs. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/HRH Attachments Director of Finance Balance July 1, 2000 Ordinance Number Date CMT 382 07/07/00 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JULY 31, 2000 Department Purchasing Balance July 31, 2000 Pur_oose Portrait of Dr. Noel C. Taylor $420,244 (4,500) $415,744 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July 1 - July 31 July 1 - July 31 Revenue Source 1999-2000 2000-2001 General Property Taxes $308,566 $306,670 Other Local Taxes 1,022,545 943,984 Permits, Fees and Licenses 60,425 64,280 Fines and Forfeitures 58,022 82,593 Revenue from Use of Money and Property 68,894 114,559 Grants-in-Aid Commonwealth (546,046) (780,768) Grants-in-Aid Federal Government - Charges for Services 197,222 236,323 Miscellaneous Revenue 35,965 19,946 Internal Services 27,668 23,014 Total $1,233,261 $1,010,601 Current Fiscal Year Percent of Revised Revenue Percentage Revenue Estimate of Change Estimates Received (0.61) % $57,545,438 0.53% (7.68) % 55,834,655 1.69% 6.38 % 729,250 8.81% 42.35 % 864,500 9.55% 66.28 % 1,124,863 10.18% 42.99 % 61,619,229 -1.27% - % 34,260 19.83 % 3,634,660 6.50% (44.54) % 346,500 5.76% (16.82) % 2,350,111 0.98% (18.o5) % o. O/o STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July 1 - July 31 July 1 - July 31 Percentage Expenditures 1999-2000 2000-2001 of Change General Government $1,040,520 $1,030,397 (0.97) Judicial Administration 428,908 340,050 (20.72) Public Safety 3,507,303 3,219,484 (8.21) Public Works 3,465,430 3,626,731 4.65 Health and Welfare 1,112,725 1,149,343 3.29 Parks, Recreation and Cultural 498,395 444,007 Community Development 467,400 345,435 Transfer to Debt Service Fund Transfer to School Fund 3,579,935 3,716,286 Nondepartmental 553,880 696,528 Total $14,654,496 $14,568,261 % % % % % Current Fiscal Year Percent of Unencumbered Revised Budget Balance Appropria_tj0ns Ob?gated $11,111,592 $12,141,989 8.49% 5,970,621 6,310,671 5.39% 41,448,850 44,668,334 7.21% 19,752,994 23,379,725 15.51% 25,965,804 27,115,147 4.24% (10.91) (26.O9) 4,128,633 4,572,640 9.71% 3,576,835 3,922,270 8.81% - % 12,109,799 3.81 % 40,879,146 25.75 % 5,859,850 (0.59) % $170,_804,124 12,109,799 44,595,432 8.33% 6,556,378 10.62% ~$~85,~2,. 3~5 7.86% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July I - July 31 July I - July 31 Percentage 1999-2000 2000-2001 of Change ($19,262) $200 101.04 % 2,480,506 2,899,183 16.88 % 20,298 (99,071) (588.08) % 100,182 (154,652) (254.37) % 3,579,935 3,716,286 3.81% 1,766,837 416,173 (76.45) % $7,928,_496 $6,778,119 (!4.51) % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $9,040,476 0.00% 42,057,082 6.89% 2,891,748 -3.43% 3,526,973 -4.38% 44,470,432 8.36% 1,150,635 NA $103,137,346 6.57% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period July 1 - July 31 July 1 - July 31 Percentage Expenditures 1999-2000 2000-2001 of Change Instruction $2,904,310 $2,704,683 (6.87) % General Support 302,691 380,973 25.86 % Transportation 250,270 75,191 (69.96) % Operation and Maintenance of Plant 758,135 606,427 (20.01) % Food Services 157,931 116,827 (26.03) % Facilities 874,114 321,215 (63.25) % Other Uses of Funds 3,581,976 2,157,721 (39.76) % Special Purpose Grants 1,260,294 1,150,635 (8.70) % Total $10,089,721 $7,513,672 (25.53) % Current Fiscal Year Percent of Unencumbered Revised Budget Balance Appropriations Obligated $73,059,703 $75,764,386 3.57% 3,449,001 3,829,974 9.95% 3,550,888 3,626,079 2.07% 9,736,723 10,343,150 5.86% 4,408,444 4,525,271 2.58% 638,721 959,936 33.46% 1,713,168 3,870,889 55.74% 1,150,635 NA $96,556,648 $104,070,320 7.22% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 2000 General Government Education Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Sanitation Projects Traffic Engineering Capital improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $9,465,117 $5,354,614 $4,110,503 $373,126 $3,737,377 2,500,000 2,250,000 250,000 250,000 14,209,396 8,083,927 6,125,469 59,056 6,066,413 20,524,441 14,077,661 6,446,780 594,399 5,852,381 3,866,145 1,026,253 2,839,892 532,949 2,306,943 11,376,733 6,806,842 4,569,891 3,670,578 899,313 4,824,220 3,630,587 1,193,633 777,216 416,417 26,303,594 21,447,847 4,855,747 1,779,519 3,076,228 2,004,690 642,149 1,362,541 738,538 624,003 4,241,660 2,441,241 1,800,419 951,369 849,050 11,982,926 - 11,982,926 11,982,926 $111,298,922 $65,761,121 $45,537,801 $9,476,750 $36,061,051 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 2000 Education Capital Improvement Reserve Total Budget $31,585,697 1,926,271 $33,511,968 Expenditures Unexpended Outstanding Unobligatad To Date Balance Encumbrances Balance $25,609,241 $5,976,456 $5,526,632 $449,824 1,926,271 1,926,271 $25,609,241 $7,902,727 $5,526,632 $2,376,095 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE MONTH ENDING JULY 31, 2000 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Revenue from Third Parties: Bell Atlantic - Brambleton Avenue Signals Mill Mountain Visitors Center - Private Donations Total Revenue from Third Parties Other Revenue: Transfers from General Fund Total Other Revenue Total FY 2001 $176,972 77,256 254,228 36,055 1,260 37,315 140,000 140,000 $431,543 FY 2000 $53,309 83,997 137,306 40,000 40,000 $177,306 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2000 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer SerVices Charges for SerVices Total Operating Revenues Operating Expenses Personal SerVices Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY 2001 $304,644 297,021 27,783 1,969 2,596 20,246 2,564 35,953 135,360 828,136 288,726 195,349 137,513 621,588 206,548 43,603 2,332 2,795 (93,880) (45,150) $161,398 FY2000 $274,238 259,491 21,375 2,040 126,214 18,866 2,432 43,156 230,935 978,747 297,331 235,319 150,247 682,897 295,850 36,711 5,374 288 (101,582) (59,209) $236,641 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2000 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and fiscal charges (1) Miscellaneous Revenue Net Nonoperating Revenues (Expenses) Net Income FY 2001 FY 2000 $609,971 $673,158 66,082 54,208 14,830 6,739 69,151 38,597 10,937 7,945 72,729 19,790 3,133 - 846,833 800,437 145,590 140,234 345,289 496,510 97,375 93,400 588,254 730,144 258,579 70,293 32,220 44,149 (64,545) - - 6,054 (32,325) 50,203 $226~254 $120,496 (1) Through Fiscal Year 2000, interest was capitalizable on the 1994 Bonds issued for the Sewage Treatment expansion. Because the project is now substantially complete, interest will be expensed. CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2000 Operating Revenues Rentals Event Expenses Commissions Other Total Ope. rating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 2001 FY 2000 $62 $18,909 149 2,843 (853) (1) 8,755 219 2,640 (423) 33,147 95,967 76,334 73,640 69,453 35,482 34,797 205,089 180,584 (205,512) (147,437) 6,350 4,978 45 191 6,395 5,169 ($199,117) ($142,268) (1) Commision revenue is negative at July 31, 2000 because of timing issues relating to the close out of Civic Center events. CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2000 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Miscellaneous Net Nonoperating Expenses Net Income (Loss) FY 2001 $22,574 13,935 18,478 35,770 32,503 4,121 127,381 96,905 44,310 141,215 (13,834) 2,553 (41,182) 3,576 (35,053) ($48,887~ FY 2000 $44,822 48,450 19,430 40,285 49,267 7,592 209,846 92,706 44,310 137,016 72,830 1,549 (45,246) 260 (43,437) $29,393 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2000 Operating Revenues FY 2001 CONFERENCE COMMISSION (1) CENTER (2) TOTAL FY 2000 Conference Center Total Operating Revenues $ $ 274,728 $ 274,728 $ 274,728 274,728 173,350 173,350 Operating Expenses Commission Conference Center Total Operating Expenses 66,401 - 66,401 63,018 232,674 232,674 196,480 66,401 232,674 299,075 259,498 (66,401) 42,054 (24,347) (86,148) Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other - 43,750 - 43,750 4,802 - 4,802 4,143 (2,829) (2,829) (1,995) 4,802 (2,829) 1,973 89,648 (61,599) 39,225 (22,374) 3,500 42,081 13,736 55,817 49,680 ($103,680) $25,489 ($78,191) ($46,180) Net Nonoperating Revenues (Expenses) Net Income (Loss) Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 2000 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expanses Oparating Income (Loss) Nonoperating Revenues Interest Revenue Total Nonoperating Revenues Net Income (Loss) TOTALS Department of Materials Management Fleet Risk Technology Control Services Management Management FY 2001 FY 2000 $306,976 $17,628 $9,271 $87,929 $800,737 $1,222,541 $987,404 306,976 17,628 9,271 87,929 800,737 1,222,541 987,404 155,735 8,552 2,119 91,955 14,650 273,011 242,048 46,083 1,339 6,948 50,788 907,549 1,012,707 933,922 24,823 - 1,497 160,782 187,102 187,391 226,641 9,891 10,664 303,525 922,199 1,472,820 1,363,361 80,336 7,737 (1,293) (215,596) (121,462) (260,279) (375,957) 22,839 39 1,304 5,279 61,104 90,565 71,663 22,839 39 1,364 5,279 61,104 90,566 71,663 $103,174 $7,776 $11 ($210,317) ($60,358) {$159,714) ($304,294) 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31, 2000 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JULY 31, 2000. BALANCE AT BALANCE AT BALANCE AT FUND JUN 30, 2000 RECEIPTS DISBURSEMENTS JUL 31, 2000 JUL 31, 1999 GENERAL $18,120,370.20 $10,922,336.42 $3,467,892.97 $25,574,813.65 $9,758,436.72 WATER 8,037,821.46 46,347.88 114,093.45 7,970,075.89 6,290,218.45 SEWAGE 7,062,152.88 2,030,958.32 661,860.59 8,431,250.61 10,029,564.49 CIVIC CENTER 1,540,100.53 1,175.85 255,346.66 1,285,929.72 1,164,656.31 .TRANSPORTATION 663,766.12 131,116.83 88,881.96 706,000.99 (87,203.13'~ ! CAPITAL PROJECTS 46,859,917.07 310,962.21 1,548,174.07 45,622,705.21 30,911,950.19 CONFERENCE CENTER 931,320.32 6,275.00 602.67 936,992.65 970,851.39 JUVENILE DETENTION 4,224,394.04 384,459.81 254,317.60 4,354,536.25 2,699,046.38 DEBT SERVICE 12,204,898.74 0.00 2,557,055.23 9,647,843.51 1,618,795.63 CITY INFORMATION SYSTEMS 4,391,077.80 12,578.09 91,780.94 4,311,874.95 4,603,418.79 MATERIALS CONTROL (31,911.37) 0.00 116,846.18 (148,757.55) (16,408.45 MANAGEMENT SERVICES 249,180.16 114.40 9,368.81 239,925.75 210,229.51 ' FLEET MANAGEMENT 1,023,932.94 206.98 15,151.40 1,008,988.52 1,727,264.20 i PAYROLL (10,784,299.49) 22,980.01 11,206,571.10 (21,967,890.58) (7,855,473.31 RISK MANAGEMENT 11,092,309.35 29,235.36 525,185.94 10,596,358.77 10,343,707.21 H GHER EDUCATION AUTH 0.00 0.00 0.00 0.00 4,490,411.431 i PENSION 1,051,788.25 600,880.58 112,764.87 1,539,903.96 1,245,717.92 SCHOOL FUND 9,042,956.63 4,515,742.33 2,457,298.70 11,101,400.26 10,042,481.60 SCHOOL CAPITAL PROJECTS 1,151,312.20 0.00 911,794.43 239,517.77 (3,931,727.07)I SCHOOL FOOD SERVICE 0.00 4,401.07 22,965.81 (18,564.74) 0.00! FDETC 157,352.47 4,143.57 35,672.41 125,823.63 47,162.41 GRANT 858,021.48 288,604.70 240,815.31 905,810.87 255,964.08i TOTAL $117,846,461.78 $19,312,519.41 $24,694,441.10 $112,464,540.09 $84,519,064.751 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JULY 31,2000. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $14,613.58 2,104,124.66 9,571,000.00 13,251,254.17 7,460,547.92 9,984,300.00 20,516,577.37 12,000,000.00 4,466,539.84 33,095,582.55 $112,464,540.09 DATE: AUGUST 10, 2000 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE MONTH ENDING JULY 31, 2000 Revenue Contributions Investment Income Net Depreciation in Fair Value of Investments Bond Discount Amortization Total Revenue FY 2001 $193,151 (756,455) (3,483,204) 4,578 ($4,041,930) FY 2000 (1) $163,135 (809,411) (2) (8,390,831) 3,112 ($9,033,995) Ex_Denses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses Net Loss $1,026,643 (213,726) 10,324 390 21,147 844,778 ($4,886,708) (1) $942,845 (168,392) (2) 13,031 367 14,310 802,161 ($9,836,156) (1) Reversal of accruals made at June 30, 2000. (2) Reversal of accruals made at June 30, 1999. 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JULY 31, 2000 Assets Cash Investments, at Fair Value Due from Other Funds Due from Other Governments Other Assets Total Assets FY 2001 $1,539,784 346,187,493 364,190 5,097 $348,096,564 FY 2000 $1,245,718 333,135,211 (187,609) (1) (18,196) (1) 18,000 $334,193,124 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Loss - Year to Date Total Fund Balance Total Liabilities and Fund Balance $2,054,026 101 2,054,127 350,929,145 (4,886,708) 346,042,437 $348,096,564 $955,144 2,119 957,263 343,072,017 (9,836,156) 333,235,861 $334~193,124 (1) Reversal of accruals made at June 30, 1999, 14 Mary F. Parker, CMC City Clerk CITY OF R O,4NOKE Office of the City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #166-181-221_258.468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35041-090500 authorizing the City Manager to enter into an agreement with Carillon Biomedical Institute for the lease of 6,800 square feet of office space at 111 - 117 Church Avenue Parking Garage, for an initial one-year term, with an option to renew for four one-year terms, as more specifically set forth in a report of the Water Resources Committee dated July 17, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2000, also adopted by the Council on second reading on Tuesday, September 5, 2000, effective on a date not earlier than September 1,2000, as agreed to by Carillon Biomedical Institute and the City Manager. Mary F. Parker, CMC City Clerk MFP:vbc Attachment Darlene L. Burcham September 11,2000 Page 2 pc: Thomas L. Robertson, President, Carilion Health System, 101 Elm Avenue, S. W., Roanoke, Virginia 24011 Dennis G. Fisher, CDl-President/CEO, Carilion Biomedical Institute, 101 Elm Avenue, S. W., Roanoke, Virginia 24011 Dr. Thomas McKeon, Executive Director, Roanoke Higher Education Center, 108 N. Jefferson Street, Roanoke, Virginia 24016 James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Elizabeth Neu, Director, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35041-090500. AN ORD/NANCE authorizing the City Manager to enter into an agreement with Car/lion Biomedical Institute' for the lease of office space at 11 l-117 Church Avenue Parking Garage, upon certain terms and conditions. WHEREAS, in November 1999, Carilion Health System, Virginia Polytechn~.'c .Institute and State University and the University of Virginia announced the creation of the Carilion Biomedical Institute ("CBI") wh/ch would be located in the Roanoke Valley; and WHEREAS, by Resolution No. 34842-051700, this Council authorized the City Manager to negotiate the terms and conditions of°ne or more performance agreements with CBI and others in connection with the creation of a new redevelopment area within the City, such agreements to be consistent with the general terms and conditions contained in the City Manager's proposal letter dated May 15, 2000; and WHEREAS, the relocation of the current tenants of the Graduate Center in the Church Avenue Parking Garage to the Higher Education Center is expected to be completed by September l, 2000, which will vacate approximately 6,800 square feet of office space at 111-117 Church Avenue S.W.; and WHEREAS, in accordance with the terms of the City Manager's May 15, 2000 proposal letter, this office space is to be made available for lease to CBI under the same terms and conditions as the cun'ent lease with Virginia Polytechnic Institute and State University. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, an agreement with Carilion Biomedical Institute, for the lease of office space at 111-117 Church Avenue Parking Garage, upon the terms and conditions contained in the Water Resources report to this Council dated July 17, 2000. 2. The lease shall be effective on a date not earlier than September I, 2000, as agreed to by CBI and the City Manager. ATTEST: City Clerk. N:\CAD~AM~ur~kO-CBI-Am~dOr~.54}0 WILLIAM M. HACKWORTH CITY ATFORN£Y CITY OF ROANOKE OFFICE OF CITY AT'FORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci.roanoke.va.us September 5, 2000 WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Ordinance No. 35041 - Lease of Office Space Dear Mayor Smith and Members of City Council: At the regular meeting of City Council on August 21, 2000, Council adopted Ordinance No. 35041, providing for the lease of a portion of the Church Avenue Parking Garage to the Carilion Biomedical Institute ("CBI") for use as office space. The ordinance inadvertently contained an emergency provision. Section 13 of the Roanoke City Charter provides that no measure selling or leasing City property may be adopted without a second reading. Accordingly, attached for your consideration for a second reading is Ordinance No. 35041 which has been modified by removing the emergency provision and by authorizing the City Manager to execute the Lease Agreement with a retroactive date as early as September 1, 2000. Adoption of this ordinance will satisfy the Charter requirement and will allow the project to proceed without interruption. In the interim, the City Manager is granting a temporary permit to allow CBI's occupancy of the premises, upon CBI's submission of the requisite insurance certificate and other documentation to protect the interests of the City. I will be pleased to answer any questions which any member of Council may have about this matter. With kindest personal regards, I am Sincerely yours, 'William X Parsons Acting City Attomey WXP/DLC:snh Attachment cc: Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Linda Bass, Economic Development Mary F. Parker, City Clerk H:\CC~L-CC-CBI Lease-9-5-00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11,2000 File #51 Edward A Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd, P. C. P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing copy of Ordinance No. 35030-090500 repealing Ordinance No. 30840- 012092 and Ordinance No. 33852-060198; and rezoning that certain tract of land containing a total of 9.5 acres, more or less, lying on the east side of Peters Creek Road, N. W., Official Tax Nos. 6370306, 6380101,6380102 and 6380104, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2000, also adopted by the Council on second reading on Tuesday, September 5, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Enclosure Mr. Edward A. Natt September 11, 2000 Page 2 pc: Mr. David L. Newell, 4311 Appleton Avenue, N. W., Roanoke, Virginia 24017 Mr. Dean A. Wilson, 4305 Appleton Avenue, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Lawrence I. Kleiner, 4249 Appleton Avenue, N. W., Roanoke, Virginia 24017 Mr. Leonard T. Gilbert, 4323 Appleton Avenue, N. W., Roanoke, Virginia 24017 Rocky Ridge Properties, LLC, P. O. Box 21082, Roanoke, Virginia 24018 Mr. Stephen R. Hartman, 4402 Woodridge Avenue, N. W., Roanoke, Virginia 24017 Ms. Ferne Y. Eddins, 4356 Tellico Road, N. W., Roanoke, Virginia 24017 Messrs. Paul A. and Gary A. Duncan, P. O. Box 8, Blacksburg, Virginia 24063 Mr. Brent M. Wilson, 1905 Kay Street, N. W., Roanoke, Virginia 24017 Diversified Investors, 1944 Peters Creek Road, N. W., Roanoke, Virginia 24017 Ms. Elaine S. Ware, 1822 Lynn Street, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Sylvester G. Ford, 1816 Lynn Street, N. W., .Roanoke, Virginia 24017 Mr. & Mrs. Harry F. S. Stone, 1802 Lynn Street, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Larry Poindexter, 4348 Tellico Road, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Jon Bullat, 4340 Tellico Road, N. W., Roanoke, Virginia 24017 Zio Properties, LLC, 1940 Peters Creek Road, N. W., Roanoke, Virginia 24017 Mr. & Mrs. Loyd D. Shifter, 1925 Peters Creek Road, N. W., Roanoke, Virginia 24017 Dadene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner ~ITY B C1rF1CE .00 01'''J1 rJ:'1Q7 nU0 I l.:. Office of the City Manager September 5, 2000 The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice-Mayor The Honorable William D. Bestpitch The Honorable C. Nelson Harris . The Honorable W. Alvin Hudson The Honorable William White, Sr. The Honorable Linda F. Wyatt Dear Mayor Smith and Members of City Council: SUBJECT: Update on Funding for Art Museum/IMAX Theater Project City staff has met with representatives of the Art Museum of Western Virginia to establish terms fora performance agreement between the City and the museum. That meeting was held on August 17, 2000. The basic terms related to allocation of the $4 million pledge from the City to the museum have been established as well as the terms of the conveyance of the one-acre parcel between Market Street and Salem Avenue under the former Hunter Viaduct to the Western Virginia Foundation for the Arts and Sciences (WVFAS). The City Attorney's office will prepare an agreement for this matter, which will need to be reviewed and approved by the Art Museum. That agreement is anticipated to be available for review by Council at one of Council's October meetings. Respectfully submitted, Darlene L. Burc City Manager DLB:MJP:pr cc: Mary F. Parker, City Clerk Room 364 Municipal South 215 Church Avenue, S.w. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www.ci.roanoke.va.us vfJ1l CrTY ~;DFF\C .00 ,'UG 17 'p 2 :5~ Office of the City Manager August 21,2000 The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, ViCe-Mayor The Honorable William D. Bestpitch The Honorable C. Nelson Harris The Honorable W. Alvin Hudson The Honorable William White, Sr. The Honorable Linda F. Wyatt Dear Mayor Smith and Members of City Council: SUBJECT: Funding for Art MuseumllMAX Theater Project At its August 7, 2000; meeting, City Council tabled a report that would have authorized $300,000 to the Art Museum of Western Virginia. That decision was made to allow time for staff to develop a written cooperation agreement between the City and the Museum. The meeting with Museum staff to develop the written agreement is scheduled for today. Therefore, the agreement will not be ready for the August 21, 2000, Council meeting. I request this matter be considered at a future meeting of City Council, hopefully September 5,2000. Respectfully submitted, Darlene L. Bur City Manager DLB:MJP:pr cc: Mary F. Parker, City Clerk James D. Grisso, Director of Finance William M. Hackworth, City Attorney Room 364 Municipal South 215 Church Avenue, S.w. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www.ci.roanoke.va.us ;,' Roanoke City Council Regular Agenda Report CITY - August 7, 2000 .00 JUL 26 All :00 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Funding for Art MuseumllMAX Theater Project Background: On Monday, June 5th, 2000, City Council adopted a motion to pledge $4 million and an acre of city-owned property beneath the former Hunter Viaduct toward a joint art museum and IMAX theater downtown. It was agreed that $300,000 of the $4 million would be provided as soon as possible to help advance progress on the project. The Art Museum of Western Virginia has requested that $150,000 of this funding commitment be provided immediately and that an additional $150,000 be provided after October 1s" 2000. Considerations: Funding is available for appropriation or transfer from the following accounts to fund the $300,000 commitment: . Account 001-250-9310-9508 Transfers to Capital Projects Account 008-052-9575 Capital Improvement Reserve - Buildings and Structures Fiscal Year 99-00 Capital Maintenance and Equipment Replacement Program $ 75,000 $ 75,000 $150,000 Recommended Action(s): Adopt the attached budget ordinance appropriating/transferring a total of $300,000 from accounts identified above to a new account in the Capital Projects Fund entitled "Art Museum/IMAX Project". Respectfully submitted, ar ene L. Burcha City Manager c: City Clerk City Attorney Director of Finance # 00-53 - .I~ " ~ ARTMuSEUM ....... ~ .- OF WESTERN VIRGINIA June 23, 2000 Ms. Darlene Burcham, City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Ms. Burcham, The board and staff of the Art Museum are very pleased with the involvement of the City of Roanoke on the planned new facility for the Art Museum including the IMAX theater. As you remember, the project description submitted to the City included a provision for an initial appropriation in FY 00-01 of $300,000 for design phases of the project which would also assist in meeting state matching requirements. We have spoken with Barry Key to cooperatively determine a draw-down time frame that would be mutually helpful to both the Art Museum and the City. Of the initial $300,000, please accept this letter as the request for payment of $150,000 as soon as possible after July 1. 2000, with the remaining $150,000 to be paid as soon as possible after October L 2000. An expedited payment would be most helpful in meeting state matching requirements. If additional information is needed beyond this letter, please let me know and we will provide it for you, We are delighted to be working with you on this unique project for Roanoke. cc: Mr. Barry Key (-C',~,..t:'n I": -rUl: Cnlt\DC ("h.. a: \,..{\OL"t:'T ',""'''_\0(; C'J: 'L:rr\'1'\IJ1 J:'rlll'lO R'l.1;\.rrn"t: VfO(:I1\.jf.\ ')L.I.()ll_l.i~h (.c:;4()) ~4).-;7hO J:'AY '':;fiO\ 't1/_'::;7QR tx\\ 7 . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA , ! " AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City. of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fund Balance $68,333,608 62,854,232 Reserved for CMERP - City (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 5,169,240 Capital Proiects Fund Appropriations Community Development Art Museum/IMAX Theatre Project (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . Capital Improvement Reserve Capital Improvement Reserve (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenues Nonoperating $ Transfer from General Fund (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,966,145 300,000 $12,115,128 353,238 432,000 432,000 - 1) Transfer to Capital Projects Fund (001-250-9310-9508) $ 150,000 2) Reserved for CMERP - City (001-3323) ( 150,000) 3) Appropriated from General Revenue (008~41 0-9734-9003) 300,000 4) Buildings and Structures (008-052~9575-9173) ( 75,000) 5) Transfer from General Fund (008-110-1234-1037) 150,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35030-090500. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as .amended, and Sheet Nos. 637 and 638, Sectional 1976 Zone Map, City of Roanoke, in order to repeal certain conditions presently binding upon certain property previously conditionally zoned C-2, General Commercial District, and to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Loyd D. and Kathy L. Shifter and Roclcy Ridge Properties, L.L.C., filed an amended petition with the Council of the City of Roanoke to (a) repeal certain conditions presently binding upon a parcel of land designated as Official Tax Nos. 6380101 and 6380102; Co) repeal certain conditions presently binding upon a parcel of land designated as Official Tax No. 6370306; and (c) to have the hereinafter described property and Official Tax No. 6380104 rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said combined application at its meeting on August 21, 2000, after due and timely notice thereof as required by {}36.1- 693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment and rezoning; and WHEREAS, this Council, after considering the aforesaid combined application, the recommendations made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon parcels of land designated as Official Tax Nos. 6380101, 6380102 and 6370306, should be repealed and that Ordinance Nos. 30840-012192, and 33852-060198, accepting said conditions, should be repealed to the extent that they rezone the subject property and accept and place such conditions on said property; and WHEREAS, this Council, after considering the aforesaid combined application, the recommendati°n made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that {}{}36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 637 and 638 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular .arid no other: That the conditions now binding upon parcels of land designated as Official Tax Nos. 6380101, 6380102 and 6370306, be repealed and that Ordinance Nos. 30840-012192, and 33852-060198, accepting said conditions, be repealed to the extent that they rezone the subject property and accept and place such conditions on said property; and that certain tract of land containing a combined total of 9.5 acres, more or less, lying on the east side of Peters Creek Road, N.W., designated on Sheet Nos. 637 and 638 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6380104, 6380101, 6380102, and 3370306, be, and is hereby rezoned from RS-3, Single Family Residential District, to C-2, General Commercial District, subject to the proffers contained in the combined Seconded Amended Petition filed in the Office 0fthe City Clerk on August 1, 2000, and that Sheet Nos. 637 and 638 of the Zone Map be amended to reflect the changes in the proffered conditions and rezoning of the subject parcels, as set forth in the report of the Planning Commission dated August 21, 2000. ATTEST: City Clerk. H:\O I~O-R.i~Z'~OAP- lt~c~in$-Shiff~'- l~:~ky Kidge,- PH-8-21-00 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 August 21,2000 Mayor Ralph K. Smith and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request of Loyd D. and Kathy U Shifter, to amend conditions proffered under Ordinance No. 30840-012192, for property located at 1925 Peters Creek Road N.W., identified as official tax parcel Nos. 6380101 and 6380102; to rezone property at 1815 Peters Creek Road N.W., identified as official tax parcel No. 6380104, from RS-3, Residential Single Family District to C-2, General Commercial District, with such rezoning to be subject to certain conditions proffered by the petitioner; and a request from Loyd D. and Kathy L. Shifter, and Rocky Ridge Properties, LLC, to amend conditions proffered under Ordinance No. 33852-060198, for property at 2013 Peters Creek Road, N.W., identified as official tax parcel No. 6370306. Background: Official tax parcel No. 6380102 and a portion of tax parcel No. 6380101 were rezoned from RS-3 Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions in January, 1992, Ordinance No. 30840-012192, for the construction and operation of a motorcycle sales and service center. The conditions previously proffered dealt with the following issues: access, land use and development, exterior lighting, repair work inside buildings, combination of lots, height of buildings, outside storage, and landscaping and screening for residential properties. The property was developed in accordance with the previous rezoning. The applicants, Loyd D. and Kathy L. Shifter, currently own and operate, Roanoke Valley Harley-Davidson LTD, a motorcycle sales and service operation, at 1925 Peters Creek Road N.W. The sales and service operation is currently located on the properties identified above as tax parcel 6380102 and a portion of tax parcel 6380101 (see attached map A). Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals The applicants have since acquired a .75 acre parcel of land that abuts upon the easterly side of their property, identified above as official tax parcel No. 6380104. This parcel, currently zoned for RS-3, Residential Single Family District uses, is totally landlocked and surrounded on three sides by commercial uses. The applicants are requesting that this parcel of land be rezoned from RS-3, Residential, Single Family District, to C-2, General Commercial District, to provide for needed storage and building expansion space. The applicants also have an option to buy a parcel of land abutting upon the westerly side of their property. This parcel, a 2.7 acre lot, at 2013 Peters Creek Road, N.W., identified above as tax parcel No. 6370306 was rezoned by Ordinance No. 33853-060198, from RS- 3, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions on May 18 1998. The conditions being proffered by the applicant are consistent with the intent of the conditions previously proffered in 1992 and 1998 for these properties. Land parcels would be combined into one single tract of land and new development will be subject to the City's development and subdivision review process, which includes: screening and buffering requirements, retention of easements, landscaping, storm water management, lighting, etc. Of note, is that the size and scale of this proposed business expansion is comparable to the size and scale of various business operations such as auto dealerships, and other commercial retail enterprises that currently exist along this section of Peters Creek Road. There is currently no established neighborhood organization in this area, however, there are active civic leaders in the neighborhood. A neighborhood plan for this "Peters Creek North" area is currently being developed with residents of the area and draft recommendations are that commercial uses be concentrated in existing commercial nodes, centers, and corridors. The rezoning of the subject .75 acre lot, identified as official tax parcel No. 6380104, would establish a straight alignment of the zoning district boundary along the Peters Creek Road corridor and separate commercial and residential uses. Subject rezoning is consistent with the City's Comprehensive Plan in that it will encourage appropriate commercial development within the City. Planning Commission public hearing was held on July 20, 2000. Mr. Ed Natt, attorney, represented the petitioners and presented the rezoning request to the Planning Commission. He verbally proffered an amended condition to the rezoning request, advising that the height of the existing building was twenty feet at the peak and that any new construction would be no higher and that the specific floor elevation would be submitted in an amended petition. There was no one in opposition to the rezoning request. Because of drainage issues in this area, Mrs. Duerk advised that special consideration be given to grading and storm water management by the development staff during development plan review. Second amended petition to rezone was filed on August 1,2000. Proffered conditions of the rezoning are: That the property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates, Roanoke Virginia, dated May 31,2000, subject to any changes required by the City during site plan review. That the property shall be used only for the purpose of selling motorcycles, motorcycle accessories and related clothing and the servicing of motorcycles. That all lighting on the property will be directed toward the property and will not be directed toward adjoining residential properties. 4. That all repair work will be performed inside the building. That the peak elevation of the roof of the buildings to be constructed shall be no higher than 20 feet above the elevation of the existing floor elevation of the existing building. The existing floor elevation is 1,072.0 feet. 5. That there shall be no outside storage of equipment or accessory parts. There will be no vehicular access from the properties onto Kay Avenue or Tellico Road N.W. A subdivision plat shall be prepared combining tax parcels 6380101, 6380102, 6380104 and 6370306, and shall be submitted to the City for review and approval, and recorded with the Clerk of Circuit Court of the City of Roanoke, within six (6) months of the date of the adoption of an ordinance effecting the rezoning and amendments as requested in this petition. Recommendation: Planning Commission recommends that City Council approve the rezoning request subject to certain proffered conditions. By a vote of 5-0-1 (Mr. Rife abstaining and Mr. Butler absent) the Commission voted to recommend approval of the rezoning request. Respectfully submitted Melvin L. Hill, Chairman Roanoke City Planning Commission attachments cc: Assistant City Attorney Attorney for the Petitioner J 3TERHOUDT, FERGUSON. NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 2401B-Iff99 SECOND AMENDED PETITION TO REZONE AND SECOND AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA Rezoning and Amendment to Proffered Conditions of parcels of land lying on the east side of Peters Creek Road, N.W., in the City of Roanoke, designated as Tax Map No. 6370306 (2013 Peters Creek Road), No. 6380101and No. 6380102 (1925 Peters Creek Road), and No. 6380104 (1815 Peters Creek Road), containing a total of approximately 9.5 acres, more or less, from Residential Zoning District RS-3 to Commercial Zoning District C-2, said zoning to be subject to certain proffers. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioners herein, Loyd D. and Kathy. L. Shifter and Rocky Ridge Properties, L.L.C., a Virginia limited liability company, have heretofore filed with the City of Roanoke petitions to rezone Tax Map No. 6380104 from RS-3 to C-2 and petitions to amend the proffered conditions on Tax Map No. 6380101 and No. 6380102, as well as a petition to amend proffered conditions on Tax Map No. 6370306. Said parcels of land contain approximately 9.5 acres and are all located on Peters Creek Road. A portion of said property is currently zoned Residential District RS-3 and a portion of said property is currently zoned Commercial District C-2 with proffers. A map of the properties is attached hereto as Exhibit 1. Your Petitioners hereby request that the three petitions heretofore filed be consolidated into this one petition and that, pursuant to Section 36.1-690 of the Code of the City of Roanoke (1979, as amended), Tax Map No. 6380104 be rezoned from Residential District RS-3 to Commercial District C-2 with certain conditions attached thereto for the purpose of the expansion of the Harley-Davidson business located on the subject property. Your Petitioners further request that the conditions relating to Tax Map No. 6380101 and G:\Users\CBaumgardnerXZONING~Shiffer AMD PET.doc July 25, 2000 ~TERHOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 No. 6380102, as adopted by City Council by Ordinance No. 30840-012192, be repealed in their entirety and that the proffered conditions herein contained be made applicable to said property. Your Petitioners request that the conditions attached to Tax Map No. 6370306, approved by City Council by Ordinance No. 33852-060198, be repealed in their entirety and that the proffered conditions herein contained be made applicable to .said:property Your Petitioners believe that the subject rezo~ng' and. amendment ~ofproffers wilt' further the~::: intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allOw for the orderly development of the subject property and provide for a better use of the subject property. Your Petitioners hereby proffer and agree that if said tract is rezoned as requested, the rezoning will be subject to and the Petitioners will abide by the following proffers: 1. That the property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates, Roanoke, Virginia, dated May 31, 2000, a copy of which is attached hereto as Exhibit 2, subject to any changes required by the City during site plan review. 2. That the property shall be used only for the purpose of selling motorcycles, motorcycle accessories and related clothing and the se~wicing of motorcycles. 3. That all lighting on the property will be directed toward the property and will not be directed toward adjoining residential areas. 4. That all repair work on the motorcycles will be performed inside the building. 5. That the peak elevation of the roof of the buildings to be constructed shall be no higher than 20 feet above the elevation of the existing floor elevation of the existing building. The existing floor elevation is 1072.0 feet. 6. That there shall be no outside storage of equipment or accessory parts. G:\Users\CBaumgardnerXZONING~Shiffer AMD PET.doc July 25, 2000 STERHDUDT, FERGUSDN, NATT, A~EE & KIDD ATTDRNEYS-AT-LAW RDANDKE, VIRGINIA 240184699 Road, N.W. 8. There will be no vehicular access from the properties onto Kay Avenue or Tellico A subdivision plat shall be prepared, combining tax parcel nos. 6380101, 6380102, 6380104 and 6370306, and shall be submitted to the City for review and approval, and recorded with the Clerk of Circuit Court of the City of Roanoke, within six (6) months of the date of the adoption of an ordinance effecting the rezoning and amendments as requested in this petition. Attached as Exhibit 3 is a legal description of the subject property. Attached as Exhibit 4 are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, your Petitioners request that the above-described parcels of land be rezoned with the proffered conditions as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Edward A. Natt, Esq. - VSB #1104 OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 G:\Users\CBaumgardnerXZON1NG\Shiffer AMD PET.doc July 25, 2000 3~ %'~ day of'~,_,._~,.., ,, K~HY L~-IIFFER ~h ' ROCKY RIDGE PROPERTIES, L.L.C. a Vir~nia limited liability company I~S ,2000. JON O. & UNDA BULLAT TAX PAm:~L VICINITY, MAP / / ~... IIII ROCKY RIDGE AMEND CONDITIONS LARRY C,. & SALLY ANN POINDEXTER N/F FERNE Y. EDOINS TAX PARC~. ~ R~-.3 PETERS : t LAVd~'~E L dc ,IJDITH E. KUDNI~ TAX P.~'C;L ~E~.~011~ ZONI~ I,(A.'~IY L. S~IIFFE~ TAX PARC,~_ ! .I L.O. & KATHY L.. SHIFFI~ TAX PARC~. ~S580102 ZONED C-2 CREEK ROAD L.D. & KATHY L.~ TAX PA,~C~.. ~1~.~01~,3 /' ~ ZONING CURRD~ILY ~ RS-3 R~UIRE3 ~-Z~ I.D. & KATHY L, SH~FFER TO BE REZONED C2 Il RZ-1 ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: Applicant's Name: 2013 Peters Creek Road 1925 Peters Creek Road 1815 Peters Creek Road Loyd D. and Kathy L. Shifter and Rocky Ridge Properties, L.L.C. ADJOENING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street fi:om the subject property noted above: CITY OF ROANOKE Official Tax Number Owner's N~me and Mailin~ Address 6370305 Stephen Ron~d Hartman 4402WoodbfidgeAvenue, NW Roanoke, VA 24017 6370307 Feme Y. Eddins 4356 Tell/co Road, NW Roanoke, VA 24017 6370309 Larry G. and Sally Ann Poindexter 4348 Tell/co Road, NW Roanoke, VA 24017 6370310 Jori D. and Linda S. Bullat 4340 Tell/co Road, NW Roanoke, VA 24017 6370313 Elaine S. Ware 1822 Lynn Street, NW Roanoke, VA 24017 6370314 Sylvester G., Jr. and Geneva C. Ford 1816 Lynn Street, NW Roanoke, VA 24017 \\OFNAA0 l'xDATA\Users\CBaumgardner~ZONING"R°cky Ridge-Shifter APO.doc June 27, 2000 6370315 6370702 6380106 6380107 63801O8 6380119 6380120 HarryF.,Sr. an'dElsieJ. Stone 1802 Lynn S~e~,NW Roanoke, VA 24017 SterlingMoorman, Sr. Helen C. Frogg 1825AngusRoad, NW Roanoke, VA 24017 David L. Newell 601 Timber Lane Asheville, NC 28804 A. Dean and Brenda P. Wilson 4301 Appleton Avenue, NW Roanoke, VA 24017 Lawrence I. and Judith E. Kleiner 133 Twenty-Seventh Street, SE Roanoke, VA 24014 Leonard T. Gilbert 2475 Orchard Lake Drive Daleville, VA 24083 37-13-4-5 37-13-4-4 37-13-4-2.1 37-13-4-3.2 COUNTY OF ROANOKE Bryansteen Realty 2840 Peters Creek Road Roanoke, VA 24019 Slakman Investment, LLC 2900 Peters Creek Road Roanoke, VA 24019 Public Storage, Inc. 2918 Peters Creek Road Roanoke, VA 24019 Miller Land Company, Inc. 2910 Peters Creek Road Roanoke, VA 24019 G:\Users\CBaumgardner\ZON1NGkP'oeky Ridge-Shifter APO.doc June 29, 2000 37-17-1-7 37-17-1-3.1 37-17-1-3 37-17-1-2 Geraldine Hatcher Waring 0 Cove Road Roanoke, VA F W Properties, LLC 0 Peters Creek Road Roanoke, VA William Kenney 0 Peters Creek Road Roanoke, VA Carlos B. and Patricia R. Hart 2836 Peters Creek Road Roanoke, VA 24019 G:\Users\CBaumgardnerlZONING\Rocky Ridge-Shifter APO.doc' June 29, 2000 MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 11, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee & Kidd, P. C. P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Rocky Ridge Properties LLC, and Loyd and Kathy L. Shifter, that a certain tract of land containing a total of 9.5 acres, more or less, lying on the east side of Peters Creek Road, N. W., and designated as Official Tax Nos. 6370306, 6380101,6380102 and 6380104, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. It will be necessary for you, or your representative, to be present at the August 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, p Mary F. P'-P~er, CMC City Clerk MFP:sm Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 11,2000 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. David L. Newell Mr. Dean A. Wilson Mr. and Mrs. Lawrence Kleiner Mr. Leonard T. Gilbert Rocky Ridge Properties, LLC Mr. Stephen Ronald Hartman Ms. Ferne Y. Eddins Mr. Paul A. Duncan Mr. Gary A. Duncan Mr. Brent Martin Wilson Diversified Investors Ms. Elaine S. Ware Mr. and Mrs. Sylvester G. Ford Mr. Harry F. S. Stone Mr. and Mrs. Larry Poindexter Mr. and Mrs. Jon Bullat Zio Properties, LLC Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Rocky Ridge Properties LLC, and Loyd and Kathy L. Shifter, that a certain tract of land containing a total of 9.5 acres, more or less, lying on the east side of Peters Creek Road, N. W., and designated as Official Tax Nos. 6370306, 6380101,6380102 and 6380104, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. - This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Mary F. Parker, CMC City Clerk MFP:sm TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST/AMENDMENT OF PROFFERS OF: Loyd and Kathy Shiffer and Rocky Ridge Properties to rezone property at ) 1815 Peters Creek Road, N.W., and amend proffered conditions at 1926 ) AFFIDAVIT and 2013 Peters Creek Road, N.W. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is 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 Section 15.2-2204, 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 3rd day of July, 2000, notices of a public heating to be held on the 20th day of July, 2000, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 6380106 David L. Newell 6380107 Dean A. Wilson 6380119 Lawrence I. and Judith Kleiner 6380120 Leonard T. Gilbert 6370303 6370306 Rocky Ridge Properties, LLC Stephen Ronald Hartman 6370305 6370307 Ferne Y. Eddins 6140612 Paul A. and Gary A. Duncan 6370401 Brent Martin Wilson 6140712 Diversified Investors 6370313 Elaine S. Ware 6370314 Sylvester G. and Geneva. C. Ford Mailing Address 4311 Appleton Avenue, NW Roanoke, VA 24017 4305 Appleton Avenue, NW Roanoke, VA 24017 4249 Appleton Avenue, NW Roanoke, VA 24017 133 27th Street, SE Roanoke, VA 24014 4323 Appleton Avenue, NW Roanoke, VA 24017 P. O. Box 21082 Roanoke, VA24018 4402Woodridge Avenue, NW Roanoke, VA 24017 4356 Tellico Road, NW Roanoke, VA24017 P. O. Box 8 Blacksburg, VA 24063 1905 Kay Street, NW Roanoke, VA 24017 1944 Peters Creek Road, NW Roanoke, VA 24107 1822 Lylm Street, NW Roanoke, VA 24017 1816 Lyrm Street, NW Roanoke, VA 24017 6370316 6370309 6370310 6140713 Harry F. S. and Elsie J. Stone Larry and Sally Ann Poindexter Jon and Linda Bullat Zio Properties, LLC 1802 Lynn Street, NW Roanoke, VA 24017 4348 Tellico Road, NW Roanoke, VA 24017 4340 Tellico Road, NW Roanoke, VA 24017 1940 Peters Creek Road, NW Roanoke, VA 24017 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 3rd day of July, 2000. My Commission expires'~~j / The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times EDWARD A NATT, ATTOR PO BOX 20068 ROANOKE VA 24018 REFERENCE: 80022015 peters creek 01478580 NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, 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: City/County of Roanoke, Commonwealth/State of Virginia. ~ Sworn and subscribed before me this [ day August~000. Witness my hand and official seal. ~ ~' ~ , Notary Public My commission expires ~C~~~31, ~ PUBLISHED ON: 08/03 08/10 TOTAL COST: 149.85 TO WHOM IT MAy CONCERN: Pt. tuant to the pro~sto~ of. ~ vii of c~ 36./, Code of t~te City of Noanok~ (1979), ~, mler,~l, the Co.n- bom n PublM N~mdn~ on Mon- day, ~ 2/, 2000, ~: 7:00 p.m., M the Coune# Chm~bez In me Mum~m Su.~n~, 2~ Clmmh Aveaue, $.W., o~ the question of repe~llng O~JI- nanee No. 30~40-012192 and toinln~ a totaJ of 9.5 acres, N.W., and de~ a~ O~- clal Tax Nos. 6370306, 6380101, 6380~.02 and 6380:104, subject to cmtaln A copy of tNI p~31x~lM Il avail- able for public k~ In the on t~e above dato and be (1478580) FILED ON.~ 08/18/00 Afl~tlkonf~ed Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 21, 2000, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of repealing Ordinance No. 30840-012192 and Ordinance No. 33852-060198, and rezoning from RS-3, Residential Single Family District, to C-2, General Commercial District, the following property: That certain tract of land containing a total of 9.5 acres, more or less, lying on the east side of Peters Creek Road, N.W., and designated as Official Tax Nos. 6370306, 6380101, 6380102 and 6380104, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 3rd day of August, 2000. Mary F. Parker, City Clerk. C:WIyFiles\N-Rez-Shiffer-ReckyRidg¢-PH-8-21-00 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 Thursday, July 20, 2000, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Loyd D. and Kathy L. Shiffer that conditions proffered under Ordinance No. 30840-012192, for property located at 1925 Peters Creek Road, N.W., and designated as Official Tax Nos. 6380101 and 6380102, be repealed and amended to include conditions set forth in Amended Petition to Rezone and Amended Petition to Amend Proffers, dated June 5, 2000; and that property located at 1815 Peters Creek Road, N.W., and designated as Official Tax No. 6380104, be rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner; and request from Loyd D. and Kathy L. Shifter and Rocky Ridge Properties, LLC, that conditions proffered under Ordinance No. 33853-060198, for property located at 2013 Peters Creek Road,N.W., and designated as Official Tax No. 6370306, be repealed and amended to include conditions set forth in Amended Petition to Rezone and Amended Petition to Amend Proffers, dated June 5, 2000. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All 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 print in newspaper on Tuesday, July 4, 2000, and July 11, 2000 Please bill: Edward A. Natt, Esq. Osterhoudt, Ferguson, Natt, Agee & Kidd, PC 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 540 774-1197 Send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I - 1536 Telephone: (540) 853-2541 Fax: i540) 853~1145 July 18, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dgar Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a revised Amended Petition to Rezone and an Amended Petition to Amend Proffers on behalf of Rocky Ridge Properties, L. L. C., and Loyd D. and Kathy L. Shifter, which was received in the City Clerk's Office on July 14, 2000, with regard to the rezoning of property located on the east side of Peters Creek Road, N. W., identified as Official Tax No. 6370306 (2013 Peters Creek Road), Official Tax Nos. 6380101 and 6380102 (1925 Peters Creek Road), and Official Tax No. 6380104 (1815 Peters Creek Road), containing a total of approximately 9.5 acres, more or less, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc~ The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Agee & Kidd, P.C., P. O. Box 20068, Roanoke, Virginia 24018-0007 Rocky Ridge Properties, U L. C., P. O. Box 21082,.Roanoke, Virginia 24018 Mr. and Mrs. Loyd D. Shifter, 1925 Peters Creek Road, N. W., Roanoke, Virginia 24017 N:\CKJSl\Rezonrev wpd Mr. Douglas W. Murray Murray Realty, Inc. 6318 Peters Creek Road Roanoke, VA 24019 Mr. and Mrs. Loyd D. Shifter 1925 Peters Creek Road Roanoke, VA 24017 Mr. Lury W. Goodall, Jr. P. O. Box 21082 Roanoke, VA 24018 5TERHDUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 AMENDED PETITION TO REZONE AND AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning and Amendment to Proffered Conditions of parcels of land lying on the east side of Peters Creek Road, N.W., in the City of Roanoke, designated as Tax Map No. 6370306 (2013 Peters Creek Road), No. 6380101and No. 6380102 (1925 Peters Creek Road), and No. 6380104 (1815 Peters Creek Road), containing a total of approximately 9.5 acres, more or less, from Residential Zoning District RS-3 to Commercial Zoning District C-2, said zoning to be subject to certain proffers. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioners herein, Loyd D. and Kathy L. Shiffer and Rocky Ridge Properties, L.L.C., a Virginia limited liability company, have heretofore filed with the City of Roanoke petitions to rezone Tax Map No. 6380104 fi.om RS-3 to C-2 and petitions to amend the proffered conditions on Tax Map No. 6380101 and No. 6380102, as well as a petition to amend proffered conditions on Tax Map No. 6370306. Said parcels of land contain approximately 9.5 acres and are all located on Peters Creek Road. A portion of said property is currently zoned Residential District RS-3 and a portion of said property is currently zoned Commercial District C-2 with proffers. A map of the properties is attached hereto as Exhibit 1. Your Petitioners hereby request that the three petitions heretofore filed be consolidated into this one petition and that, pursuant to Section 36.1-690 of the Code of the City of Roanoke (1979, as amended), Tax Map No. 6380104 be rezoned from Residential District RS-3 to Commercial District C-2 with certain conditions attached thereto for the purpose of the expansion of the Harley- Davidson business located on the subject property. Your Petitioners further request that the conditions relating to Tax Map No. 6380101 and G:\Users\CBaumgardner~ZONING\Shiffer AMD PET.doc 1 June 29, 2000 ~TERHDUDT, FERGUSDN, NATT, AGEE & KIDD ATTDRN£YS-AT-LAW RDAND[E, VIRGINIA 24D1B-1699 motorcycles. 3. No. 6380102, as adopted by City Council by Ordinance No. 30840-012192, be repealed in their entirety and that the proffered conditions herein contained be made applicable to said property. Your Petitioners request that the conditions attached to Tax Map No. 6370306, approved by City Council by Ordinance No. 33852-060198, be repealed in their entirety and that the proffered conditions herein contained be made applicable to said property. Your Petitioners believe that the subject rezoning and amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for the orderly development of the subject property and provide for a better use of the subject property. Your Petitioners hereby proffer and agree that if said tract is rezoned as requested, the rezoning will be subject to and the Petitioners will abide by the following proffers: 1. That the property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates, Roanoke, Virginia, dated May 31, 2000, a copy of which is attached hereto as Exhibit 2, subject to any changes required by the City during site plan review. That the property shall be used only for the purpose of selling and servicing That all lighting on the property will be directed toward the property and will not be directed toward adjoining residential areas. 4. That all repair work on the motorcycles will be performed inside the building. 5. That the height of the building shall be no higher than the highest point of the existing Harley-Davidson building. 6. That there shall be no outside storage of equipment or accessory parts. 7. There will be no vehicular access from the properties onto Kay Avenue or Tellico G:\Users\CBaurngardner~.ONINGXShiffer AMD PET.doc 2 June 27, 2000 STERHOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24D18-1699 Road, N.W. 8. A subdivision plat shall be prepared, combining tax parcel nos. 6380101, 6380102, 6380104 and 6370306, and shall be submitted to the City for review and approval, and recorded with the Clerk of Circuit Court of the City of Roanoke, within six (6) months of the date of the adoption of an ordinance effecting the rezoning and amendments as requested in this petition. Attached as Exhibit 3 is a legal description of the subject property. Attached as Exhibit 4 are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, your Petitioners request that the above-described parcels of land be rezoned with the proffered conditions as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~' day of ~"O ~,,] .~ ~ ,2000. // KAiI [. S IF R ' Edward A. Natt, Esq. - VSB #1104 ROCKY RIDGE PROPERTIES, L.L.C. a Virginia limited liability company ITS t /lq £~l~t~g~',,~ OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 G:\Users\CBaumgardner\ZONING\Shiffer AMD PET.doc 3 June 27, 2000 I Illlllll I --~111 I_~--~1 I ° I ~ r ~A~ 1925 PETERS CREEK ROAD ROANOKE CI~, ~ROINIA EXHIBIT ADJOINING PROPERTY OWNER LISTING EXHIBIT Address of Subiect Property: Applicant's Name: 2013 Peters Creek Road 1925 Peters Creek Road 1815 Peters Creek Road Loyd D. and Kathy L. Shifter and Rocky Ridge Properties, L.L.C. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street fi.om the subject property noted above: CITY OF ROANOKE Official Tax Number Owner's Name and Mailing Address 6370305 Stephen Ronald Hartman 4402 Woodbridge Avenue, NW Roanoke, VA 24017 6370307 Feme Y. Eddins 4356 Tellico Road, NW Roanoke, VA 24017 6370309 Larry G. and Sally Ann Poindexter 4348 Tellico Road, NW Roanoke, VA 24017 6370310 Jon D. and Linda S. Bullat 4340 Tellico Road, NW Roanoke, VA 24017 6370313 Elaine S. Ware 1822 Lynn Street, NW Roanoke, VA 24017 6370314 Sylvester G., Jr. and Geneva C. Ford 1816 Lynn Street, NW Roanoke, VA 24017 \\OFNAAO 1 kDATA\Users\CBaumgardnerkZONINGkRocky Ridge-Shiffer APO.doc June 27, 2000 6370315 6370702 6380106 6380107 6380108 6380119 6380120 Harry F., Sr. and Elsie J. Stone 1802 Lynn Street, NW Roanoke, VA 24017 Sterling Moorman, Sr. Helen C. Frogg 1825 Angus Road, NW Roanoke, VA 24017 David L. Newell 601 Timber Lane Asheville, NC 28804 A. Dean and Brenda P. Wilson 4301 Appleton Avenue, NW Roanoke, VA 24017 Lawrence I. and Judith E. Kleiner 133 Twenty-Seventh Street, SE Roanoke, VA 24014 Leonard T. Gilbert 2475 Orchm'd Lake Drive Daleville, VA 24083 37-13-4-5 37-13-4-4 37-13-4-2.1 37-13-4-3.2 COUNTY OF ROANOKE Bryansteen Realty 2840 Peters Creek Road Roanoke, VA 24019 Slakman Investment, LLC 2900 Peters Creek Road Roanoke, VA 24019 Public Storage, Inc. 2918 Peters Creek Road Roanoke, VA 24019 Miller Land Company, Inc. 2910 Peters Creek Road Roanoke, VA 24019 G:\Users\CBaumgardner~ZONING\Rocky Ridge-Shifter APO.doc June 29, 2000 37-17-1-7 37-17-1-3.1 37-17-1-3 37-17-1-2 Geraldine Hatcher Waring 0 Cove Road Roanoke, VA F W Properties, LLC 0 Peters Creek Road Roanoke, VA William Kenney 0 Peters Creek Road Roanoke, VA Carlos B. and Patricia R. Hart 2836 Peters Creek Road Roanoke, VA 24019 G:\Users\CBaumgardner~ZONING\Rocky Ridge-Shifter APO.doc June 29, 2000 MARY F. PARKER, CMC City Clerk -CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 5, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an Amended Petition to Rezone and an Amended Petition to Amend Proffers on behalf of Rocky Ridge Properties, L. L. C., and Loyd D. and Kathy L. Shifter, which was received in the City Clerk's Office on June 30, 2000, with regard to the rezoning of property located on the east side of Peters Creek Road, N. W., identified as Official Tax No. 6370306 (2013 Peters Creek Road), Official Tax Nos. 6380101 and 6380102 (1925 Peters Creek Road), and Official Tax No. 6380104 (1815 Peters Creek Road), containing a total of approximately 9.5 acres, more or less, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Rocky Ridge Properties, L. L. C., P. O. Box 21082, Roanoke, Virginia 24018 Mr. and Mrs. Loyd D. Shifter, 1925 Peters Creek Road, N. W., Roanoke, Virginia 24017 H:\REZONING.98~ROCKYRID.WPD Melvin L. Hill July 5, 2000 Page 2 pc: Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner H:\REZONING.98\ROCKYRID.WPD CHARLES H. OStERHOUDt MICHAELS. FERgUSON EDWARD A. NAtT g. STEVEN AgEE MARK D. KIDD KRISTEN KONRAD JOHNSTONE OSTERHOU DT. LAW OFFICES FERGU$ON, NATT, A PROFESSIONAL CORPORATION 19ICj ELECTKIC ROAD. SUITE I P. O. BOX ::}001BB ROANOKE, VIRGINIA 24018-0007 June 29, 2000 AGEE KIDD TELEPHONE 540-774-1197 FAX NO. 540-774-0961 Mary Parker, City Clerk City of Roanoke 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Loyd D. and Kathy L. Shiffer and Rocky Ridge Properties, L.L.C. Rezoning m Tax Map Nos. 6370306, 6380101, 6380102, 6380104 Dear Mary: Enclosed please find an original and one copy of an Amended Petition to Rezone and Amended Petition to Amend Proffers on behalf of Loyd and Kathy Shifter and Rocky Ridge Properties, L.L.C. This Amended Petition is intended to replace the three separate petitions that were previously filed. Please note that the Shiffers and Rocky Ridge Properties executed the draft form that I have now revised. As the Shiffers are out of town, I will submit the original signatures on the final form when they return. It is my understanding that this matter will be heard before the Planning Commission on July 20th and before City Council on August 21St. I am providing copies of these to the Planning Department, the City Attomey, as well as my clients. Thanking for your attention to this matter, I am Very truly yours, EAN/csb Enclosure OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. Edward A. Natt pc: Evelyn S. Lander, AICP Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 William M. Hackworth, Esq. City Attomey, City Of Roanoke Room 464, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Mr. Douglas W. Murray Mun'ay Realty, Inc. 6318 Peters Creek Road Roanoke, VA 24019 Mr. and Mrs. Loyd D. Shiffer 1925 Peters Creek Road Roanoke, VA 24017 Mr. Lury W. Goodall, Jr. c/o Cycle Center 5120 Peters Creek Road, N.W. Roanoke, VA 24019 OSTERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANDKE, VIRGINIA 24D18-1699 AMENDED PETITION TO REZONE AND AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning and Amendment to Proffered Conditions of parcels of land lying on the east side of Peters Creek Road, N.W., in the City of Roanoke, designated as Tax Map No. 6370306 (2013 Peters Creek Road), No. 6380101and No. 6380102 (1925 Peters Creek Road), and No. 6380104 (1815 Peters Creek Road), containing a total of approximately 9.5 acres, more or less, from Residential Zoning District RS-3 to Commercial Zoning District C-2, said zoning to be subject to certain proffers. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioners herein, Loyd D. and Kathy L. Shiffer and Rocky Ridge Properties, L.L.C., a Virginia limited liability comps, y, have heretofore filed with the City of Roanoke petitions to rezone Tax Map No. 6380104 from RS-3 to C-2 and petitions to amend the proffered conditions on Tax Map No. 6380101 and No. 6380102, as well as a petition to amend proffered conditions on Tax Map No. 6370306. Said parcels of land contain approximately 9.5 acres and are all located on Peters Creek Road. A portion of said property is currently zoned Residential District RS-3 and a portion of said property is currently zoned Commercial District C-2 with proffers. A map of the properties is attached hereto as Exhibit 1. Your Petitioners hereby request that the three petitions heretofore filed be consolidated into this one petition and that, pursuant to Section 36.1-690 of the Code of the City of Roanoke (1979, as amended), Tax Map No. 6380104 be rezoned from Residential District RS-3 to Commercial District C-2 with certain conditions attached thereto for the purpose of the expansion of the Harley- Davidson business located on the subject property. Your Petitioners further request that the conditions relating to Tax Map No. 6380101 and G:\Users\CBaumgardnerXZONING\Shiffer AMD PET.doc 1 June 29, 2000 DSTERHOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 2401B-1699 No. 6380102, as adopted by City Council by Ordinance No. 30840-012192, be repealed in their entirety and that the proffered conditions herein contained be made applicable to said property. Your Petitioners request that the conditions attached to Tax Map No. 6370306, approved by City Council by Ordinance No. 33852-060198, be repealed in their entirety and that the proffered conditions herein contained be made applicable to said property. Your Petitioners believe that the subject rezoning and amendment of proffers will further the intent and purposes of the City Zoning Ordinance and its Comprehensive Plan in that it will allow for the orderly development of the subject property and provide for a better use of the subject property. Your Petitioners hereby proffer and agree that if said tract is rezoned as requested, the rezoning will be subject to and the Petitioners will abide by the following proffers: 1. That the property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates, Roanoke, Virginia, dated May 31, 2000, a copy of which is attached hereto as Exhibit 2, subject to any changes required by the City during site plan review. That the property shall be used only for the purpose of selling and servicing motorcycles. 3. That all lighting on the property will be directed toward the property and will not be directed toward adjoining residential areas. 4. That all repair work on the motorcycles will be performed inside the building. 5. That the height of the building shall be no higher than the highest point of the existing Harley-Davidson building. 6. That there shall be no outside storage of equipment or accessory parts. 7. There will be no vehicular access from the properties onto Kay Avenue or Tellico G:\Users\CBaumgardner~ZONING\Shiffer AMD PET.doc June 27, 2000 OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 Road, N.W. 8. A subdivision plat shall be prepared, combining tax parcel nos. 6380101, 6380102, 6380104 and 6370306, and shall be submitted to the City for review and approval, and recorded with the Clerk of Circuit Court of the City of Roanoke, within six (6) months of the date of the adoption of an ordinance effecting the rezoning and amendments as requested in this petition. Attached as Exhibit 3 is a legal description of the subject property. Attached as Exhibit 4 are the names, addresses and tax numbers of the ownem or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, your Petitioners request that the above-described parcels of land be rezoned with the proffered conditions as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day of ,2000. LOYD D. SHIFFER KATHY L. SHIFFER ROCKY RIDGE PROPERTIES, L.L.C. a Virginia limited liability company BY Edward A. Natt, Esq. - VSB #1104 OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 ITS G:\Users\CBaumgardnerXZONING\Shiffer AMD PET.doc June 27, 2000 Attached as Exhibit 4 are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. 7. There will be no vehicular access from the properties onto Kay Avenue or Tellico Road, N.W. 8. A subdivision plat shall be prepared, combining tax parcel nos. 6380101, 6380102, 6380104 and 6370306, and shall be submitted to the City for review and approval, and recorded with the Clerk of Circuit Court of the City of Roanoke, within six (6) months of the date of the adoption of an ordinance effecting the rezoning and amendments as requested in this petition. WHEREFORE, your Petitioners request that the above-described parcels of land be rezoned with the proffered conditions as herein set out in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 2.~~ da~of~__ LOYD~D. SI-IIFFER ROCKY RIDGE PROPERTIES, L.L.C. a Virgi~Z ?bi'~ c°mpany ITS ,2000. Edward A. Natt, Esq. - VSB #1104 OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. 1919 Electric Road, SW, Suite 1 Roanoke, VA 24018 Phone: (540) 774-1197 Fax: (540) 774-0961 G:\Users\CBaumgardner\ZONING\Shiffer AMD PET.doc June 23, 2000 ADJOINING PROPERTY OWNER LISTING EXHIBIT Address of Subject Property_: Applicant's Name: 2013 Peters Creek Road 1925 Peters Creek Road 1815 Peters Creek Road Loyd D. and Kathy L. Shifter and Rocky Ridge Properties, L.L.C. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street fi:om the subject property noted above: CITY OF ROANOKE Official Tax Number Owner's Name and Mailing Address 6370305 Stephen Ronald Hartman 4402WoodbfidgeAvenue, NW Roanoke, VA 24017 6370307 Feme Y. Eddins 4356 Tellico Road, NW Roanoke, VA 24017 6370309 Larry G. and Sally Ann Poindexter 4348 Tellico Road, NW Roanoke, VA 24017 6370310 Jon D. and Linda S. Bullat 4340 Tellico Road, NW Roanoke, VA 24017 6370313 Elaine S. Ware 1822 Lynn Street, NW Roanoke, VA 24017 6370314 Sylvester G., Jr. and Geneva C. Ford 1816 Lynn Street, NW Roanoke, VA 24017 \\OFNAA01\DATA\Users\CBaumgardner\ZONING\Rocky Ridge-Shifter APO.doc 1 June 27, 2000 6370315 6370702 6380106 6380107 6380108 6380119 6380120 Harry F., Sr. and Elsie J. Stone 1802 Lynn Street, NW Roanoke, VA 24017 Sterling Moorman, Sr. Helen C. Frogg 1825 Angus Road, NW Roanoke, VA 24017 David L. Newell 601 Timber Lane Asheville, NC 28804 A. Dean and Brenda P. Wilson 4301 Appleton Avenue, NW Roanoke, VA 24017 Lawrence I. and Judith E. Kleiner 133 Twenty-Seventh Street, SE Roanoke, VA 24014 Leonard T. Gilbert 2475 Orchard Lake Drive Daleville, VA 24083 37-13-4-5 37-13-4-4 37-13-4-2.1 37-13-4-3.2 COUNTY OF ROANOKE Bryansteen Realty 2840 Peters Creek Road Roanoke, VA 24019 Slakman Investment, LLC 2900 Peters Creek Road Roanoke, VA 24019 Public Storage, Inc. 2918 Peters Creek Road Roanoke, VA 24019 Miller Land Company, Inc. 2910 Peters Creek Road Roanoke, VA 24019 G:\Users\CBaumgardnerXZONING\Rocky Ridge-Shifter APO.doc 2 June 29, 2000 37-17-1-7 Geraldine Hatcher Wa_ring 0 Cove Road Roanoke, VA 37-17-1-3.1 F W Properties, LLC 0 Peters Creek Road Roanoke, VA 37-17-1-3 William Kenney 0 Peters Creek Road Roanoke, VA 37-17-1-2 Carlos B. and Patricia R. Hart 2836 Peters Creek Road Roanoke, VA 24019 G:\Users\CBaumgardnerXZONING\Rocky Ridge-Shiffer APO.doc' June 29, 2000 ~;4 ~i ii · / APPLETON AVENUE I -~ , I'--'-~ PROPOSL"D~..R~ZOHING ROANOKE VAI ! i:'y HARLEY-DAVIDSON, Ltd. ROANOKE GITY. Vli"~GINIA :~ EXHIBIT I 2 CA. LDWELL ~rHITE ~"~SOClA.TES PROPOSED REZONING ROANOKE VALLEY HARLEY-DAMDSON, Ltd. SITUATE 1925 PETERS CREEK ROAD ROANOKE Cl'l'~', VIRGINIA EXHIBIT 2 I~'CWA CALDWELL ~HITE ASSOCL4.TES ip~ (od, o) Nf.,*-O~ MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 5,2000 File #51 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (-1979), as amended, I am enclosing copy of a petition from Loyd D. and Kathy L. Shifter, received in the City Clerk's Office on June 1,2000, requesting that a tract of land located at 1815 Peters Creek Road, N. W., Official Tax No. 6380104 be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Mr. and Mrs. Loyd D. Shifter, 1925 Peters Creek Road, N. W., Roanoke, Virginia 24017 Willard N. Cl~ytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator H:'.~.EZONING.gS~ROCKYRIO.W~D Melvin L. Hill June 5, 2000 Page 2 pc: Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner H :',REZO N IN G.98~J:~OCKYRID.WP D PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA Rezoning of a tract of land lying off Peters Creek Road in N.W. Roanoke City. being essentially Land Locked except for 10' right of Egress & Ingress to Peters Creek Rd. across adjoining property. the mailing address is 1815 Pe'te~ Creek Rd. ( Tax Map # 6380104). from RS-3 to C-2. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Loyd D. & Kathy L. Shiffer, owns land in the City of Roanoke containing .75 acres, more or less, located 1815 Peters Creek Rd.,(Tax Map # 6380104). Said tract is currently zoned RS-3. A map of the property to be rezoned is attached as Exhibit 1. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from R$-3 District to C-2..District, for the purpose of Expansion of the Adjacent Harley Davidson Business. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will conform to zoning of adjacent properties & will straighten existing lines between R$-3 & C-2 in this area. 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: 1. That the property will be developed is substantial conformity with the site plan prepared by Caldwell White Associates, Roanoke, Virginia, a copy of which is attached hereto as Exhibit "1", subject to any changes required by the City during site plan review. 2. That the property shall be used for the purpose of operating a Harley- Davidson dealership (selling and servicing Harley-Davidson motorcycles). 3. That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to RS-3 without further action by City Council. 4. That the appropriate subdivision agent for the City of Roanoke review and approve the project. 5. That the external lighting on the property will not illuminate neighboring residential areas. 6. That all repair work on the motorcycles will be performed inside the building. 7. That the height of the building shall be no higher than the highest point of the existing Harley-Davidson Building or adjoining Lot. 8. That there shall be no outside storage of equipment or accessory parts associated with the business. be subsequently properly maintained and replaced as necessary. Attached hereto as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the 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 submitted this 1st day of June, 2000. Kathy L. Shiffer,~wner ~(~ Douglas W. Murray Murray Realty, Inc. 6318 Peters Creek Rd. Roanoke, Va. 24019 (540) 366-7771 (540) 362-4464 (facsimile) ,/ ADJOINING PROPERTY OWNERS Tax Map # 6380106 David L. Newell 4311 Appleton Ave. N.W. Roanoke,Va. 6380107 6380108 Dean A. Wilson -~ 4305 Appleton, Av~.'N.'W. Roanoke,Va. 6380119 Kleiner,Lawrence I. 4249 Appleton, Ave. N.W. Roanoke,Va. 6380120 Leonard T. Gilbert 4323 Appleton, Ave. N.W. Roanoke, Va. 6380101 6380102 6380103 Loyd D. & Kathy L. Shiffer 1925 Peters Creek Rd. Roanoke,Va. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 5,2000 File #51 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Petition to Amend Proffered Conditions from Rocky Ridge Properties, L. L. C., and Loyd D. and Kathy L. Shifter, received in the City Clerk's Office on June 2, 2000, requesting that a parcel of land lying on the east side of Peters Creek Road, N. W., approximately 288.5 feet south of the Peters Creek Road intersection with Woodbridge Avenue, N. E., identified as Official Tax No. 6370306, located at 2013 Peters Creek Road, N. W., be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Rocky Ridge Properties, L. L. C., P. O. Box 21082, Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator H:~REZONING.98~ROCKYRID.WPD Melvin L. Hill June 5, 2000 Page 2 pc: Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner H:~.EZONING.98~ROCKYRiD.WPD Petition To Amend Proffered CQnditions In the Council of The City_ Of Roanoke, Virginia IN Re: Previous rezoning of a parcel of land lying on the east side of Peters Creek Road, NW., approximately 288.5 feet south of Peters Creek Road's intersection with Woodbridge Avenue, designated as Tax Map 6370306, known as 2013 Peters Creek Road, from residential zoning district RS-3 to commercial zoning district C-2 General Commercial District, such zoning was subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners Rocky Ridge Properties, L.L.C. a Virginia Limited Liability Company, owners and Loyd D. & Kathy L. Shiffer, contract purchasers, of land in the City of Roanoke containing 2.82 acres, more or less, located at 2013 Creek Road, NW.(Tax Map No. 6370306), said tract is currently zoned Commercial Zoning district C- 2, file this Petition to Amend Proffered Conditions. A map of the property is attached as Exhibit "1". The Petitioners request that condition, approved by Ordinance No. 33852-060198 and contained in the Fourth Amended Petition to Rezone, dated May 18, 1998, set forth as follows: That the property will be developed in substantial conformity with the development plan entitled "Site Plan for Rocky Ridge Properties, L.L.C.," which was prepared By Balzer and Associated under date of February 3,1998,revised March 17, 1998, a copy of which is attached hereto as Exhibit "2",subject to any changes that may be required as part of d~v~lopment plan review be replaced by new condition "1" as follows: 1. That the property will be developed in substantial conformity with the site plan prepared by Caldwell White Associates Roanoke, Virginia, for Roanoke Valley Harley- Davidson Ltd. As Exhibit "1", subject to any changes required by the city during site plan review. Douglas W. Murray Murray Realty, Inc. 6318 Peters Creek Rd. Roanoke, Va. 24019 (540) 366-7771 (540) 362-4464 (facsimile) Respectfidly submitted this 1 st day of June, 2000. / Rocky.j~d.,g,o~,opert~es, L.L.C. (owners) Member £o?~d21~ ~r ~ontract purchaser) ~a~y L. Shiffer (contract purchaser) /, Adjoining Property Owners Tax Map # 6370303 6370305 6370307 6380101 6140612 6140712 6370401 Owners Rocky Ridge Properties, L.L.C. P.O. Box 21082 Roanoke, Va. 24018 Hartman, Stephen Ronald 4402 Woodridge Ave. N.W. Roanoke, Va. 24017 Eddins, Feme Y. 4356 Tellico Rd. N.W. Roanoke, Va. 24017 Shiffer, Loyd D. & Kathy L. 1925 Peters Creek Rd. Roanoke, Va. 24017 Duncan, Paul A. & Duncan, Gary A. P.O. Box 8 Blacksburg, Va. 24063 Diversified Investors 1944 Peters Creek Rd. N.W. Roanoke, Va. 24017 Wilson, Brent Martin 1905 Kay St. N.W. Roanoke, Va. 24017 APPLETON AVENUE ROANOKE VALLEY HARLrY-DA~I. Ltd. SIlIJAT[ Ig25 PEI~R~ CREEK ROAD ~E ~. ~R~A !1 a I- MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 5, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Petition to Amend Proffered Conditions from Loyd D. and Kathy L. Shifter, received in the City Clerk's Office on June 2, 2000, requesting that a parcel of land lying on the east side of Peters Creek Road, N. W., approximately 277.9 feet north of the Peters Creek Road intersection with Appleton Avenue, N. W., identified as Official Tax Nos. 6380101 and 6380102, located at 1925 Peters Creek Road, N. W., be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Mr. and Mrs. Loyd D. Shifter, 1925 Peters Creek Road, N. W., Roanoke, Virginia 24017 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator H :*~RE. ZO NING.98~ROC KYRID.WPD Melvin L. Hill June 5, 2000 Page 2 pc: Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner H:'~REZONING.98~ROCKYRID.WPD petition To Amend Proffered Conditions In the Council of~he City Of Roanoke, Virginia / IN Re: Previous rezoning of a parcel of land lying on the east side of Peters Creek Road, NW., approximately 277.9 feet north of Peters Creek Road's intersection with Appleton Avenue, designated as Tax Map 6380101 and 6380102, known as 1925 Peters Creek Road, from residential zoning district RS-3 to commercial zoning district C-2 General Commercial District, such zoning was subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners and Loyd D. & Kathy L. Shiffer, owners of land in the City of Roanoke located at 1925 Peters Creek Road, NW.(Tax Map No. 6380101 and 6380102), said tract is currently zoned Commercial Zoning district C-2, file this Petition to Amend Proffered Conditions. A map of the property is attached as Exhibit "1". The Petitioners request that condition, approved by Ordinance No. 30840-012192 and contained in the First Amended Petition to Rezone, dated December 11, 1991, set forth as follows: 1. That the property will be developed in substantial conformity with the site plan prepared by Kinsey Shane & Associates, Architecture Engineering, Salem, Virginia, dated November 1, 1991, a copy of which is attached hereto as Exhibit "B",subject to any changes required by the City during site plan review, be replaced by new condition "1" as follows: 1. That the property will be developed in subs-tantial conformity with the site plan prepared by Caldwell White Associates Roanok='~ ~irginia, for Roanoke Valley Harley- Davidson Ltd. As Exhibit "1", subject to any changes required by the city during site plan review. Respectfully submitted this 1st day of June, 2000. By: Kathy L. Shi~er, Owner Douglas W. Murray Murray Realty, Inc. 6318 Peters Creek Rd. Roanoke, Va. 24019 (540) 366-7771 (540) 361-4464 (facsimile) Adjoining Property Owners Tax Map 6380103 6380104 6370313 637O314 6370315 638O119 6140712 Shifter, L.D. & Kathy L 1925 Peters Creek Rd. Roanoke, Va. 24017 Ware, Elaine S. 1822 Lyrm St. N.W. Roanoke, Va. 24017 Ford, Sylvester G. Jr. & Geneva C. 1816 Lynn St. N.W. Roanoke, Va. 24017 Stone, Harry F.S. & Elsie J. 1802 Lynn St. N.W. Roanoke, Va. 24017 Kleiner, Lawrence I. & Judith E. 133 Twenty - Seventh St. S.E. Roanoke, Va. 24014 Diversified Investors 1944 Peters Creek Rd. N.W. Roanoke, Va. 24017 6370306 6370307 6370309 Rocky Ridge Properties,L.L.C. -P.O. Box 21082 Roanoke, Va. 24018 Eddins, Feme Y. 4536/Tellico Rd. N.W. Roanoke, Va. 24017 Poindexter, Larry G. 6370310 6140713 Poindexter, Sally Ann 4348 Tellico Rd. N.W. Roanoke, Va. 24017 Bullat, Jon D. Bullat, Linda S. 4340 Tellico Rd. N.W. Roanoke, Va. 24017 Zio Properties, L.L.C. 1940 Peters Creek Rd. N.W. Roanoke, Va. 24017 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #514 John Christodoulides, Director Project Management Carilion Health System Facility Services 1212 Third Street, S. W. Roanoke, Virginia 24016 Dear Mr. Christodoulides: lam enclosing copy of Ordinance No. 35031-090500 permanently vacating, discontinuing and closing that certain 0.23 acre, more or less, portion of Highland Avenue, S. E., beginning at the northwesterly corner of Lot 8, Block 10, running in an easterly direction to a previously closed portion of Highland Avenue, S. E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2000, also adopted by the Council on second reading on Tuesday, September '5, 2000, and will be in full force and effect ten days following the date of its second reading. MFP:vbc Sincerely,~.~. C_,~~C~~ Mary F. Parker, City Clerk Enclosure Mr. John Christodoulides, Director September 11, 2000 Page 2 pc: Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35031-090500. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Carilion Medical Center, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public fight-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on August 21, 2000, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing ail parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that Ordinance No. 34490-100499 be repealed and that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 0.23-acre, more or less, portion of Highland Avenue, S.E., beginning at the northwesterly corner of Lot 8, Block 10, Official Survey No. 3, and running in an easterly direction to a previously closed portion of Highland Avenue, S.E., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of- way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the fight-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the fight of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the fight-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of six (6) months from the date of the adoption of this ordinance, then said ordinance shall be null and Void with no further action by City Council being necessary. ATTEST: City Clerk. $:\O-AC--CatilionM~n~..PH4.21.00 4 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report August21,2000 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Carilion Medical Center that Ordinance No. 34490- 100499 be repealed and that a portion of Highland Avenue, S.E., beginning at the northwesterly corner of Lot 8, Block 10, Official Survey, S.E., No. 3 and running in an easterly direction to a previously closed portion of Highland Avenue, S.E., be permanently vacated, discontinued and closed. Background: Ordinance No. 34490-100499, was adopted on September 20, 1999, subject to certain conditions, in response to a request submitted by the above-cited applicant, Carilion Medical Center. The ordinance provided for the closure and vacation of a certain section of Highland Avenue S.W. A separate ordinance to rezone certain adjacent properties belonging to the medical center, was also adopted at that time. All City ordinances adopted for the purpose of vacating public rights-of-way (streets and alleys) are adopted subject to the applicant's agreement to meet and comply with certain conditional requirements. These conditional requirements are necessary to ensure that the lands within the vacated rights-of-way will be disposed of in a manner consistent with the laws of the Commonwealth of Virginia. Ordinance No. 34490-100499, as cited above, was adopted subject to the condition that the applicant would record a subdivision plat, in the office of the Clerk of Circuit Court, within a period of six (6) months from the effective date of the ordinance. The conditions further provided that in the event the applicant failed to record the subject subdivision plat within a period of six (6) months from the effective date of such ordinance, then the ordinance would become null and void with no further action by City Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Council being necessary. The applicant, in this instance, failed to record the required subdivision plat within the time period specified in the ordinance. Ordinance No. 34490-100499, therefore became null and void upon the termination of the specified six (6) month time period. Accordingly, the need to repeal this ordinance is non-existent. Planning Commission public hearing was held on July 20, 2000. Both petitioner and staff made presentations. There was no one present either in favor of or in opposition to the requested closure. Considerations: The initial application to vacate a small 50' section of Highland Avenue S.W., was necessitated by the medical center's need to locate and construct a new medical office building on the property and to provide for additional on-site parking areas. The applicant is currently requesting the vacation of this same small section of Highland Avenue, as previously provided for in Ordinance No. 34490-100499, and an additional section that extends in a westerly direction for approximately 175', (see attached Map A). A 155' length of the mid-section of this street was closed and vacated some years ago, creating a dead-end street. The applicant owns all of the properties abutting upon the section of Highland Avenue, that is currently being requested for vacation. The city has closed and vacated a number of streets and alleys in this immediate area over a span of the last 20 to 25 years. The standard issues that most frequently arise in the closure and vacation of streets and alleys are issues such as the effect that the closure will have on the neighborhood, traffic, public utilities, creating dead-ends, land use, and the City's comprehensive plan. American Electric Power, Roanoke Gas, and the City all have utilities within the affected right-of-way. The City will retain all appropriate easements for public and private utilities. All affected property owners have been notified of the requested closure. No objections have been received as of the date of the preparation of this staff report. Recommendation: The Planning Commission, by a vote of 5-0-1, (Mr. Manetta abstaining and Mr. Butler absent) recommended approval of the application to close and permanently vacate the described section of public alley, subject to the following conditions: The applicant shall submit to the Agent for the Planning Commission, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of six months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission ESL:SW:ERT attachments cc: Assistant City Attorney Petitioner VIRGINIA: IN THE CITY COUNCIL OF THE CITY OF ROANOKE IN RE: Petition of CARILLON MEDICAL CENTER to repeal prior vacation of a portion of Highland Avenue, S. E. and its Application for vacation of a similar portion of the same street. PETITION TO HAVE ORDINANCE REPEALED AND APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF A STREET MEMBERS OF COUNCIL: Number 34490-100499 repealed. Avenue, SE permanently vacated, CARILLON MEDICAL CENTER, by its agent, petitions to have Ordinance Petitioner applied to have a portion of Highland discontinued and closed. As a result of that application the Council of the City of Roanoke, Virginia passed Ordinance Number 34490 - 100499, at second reading on October 4, 1999. Said Ordinance required the applicant to submit a subdivision plat six months from the date of its adoption. While preparing said subdivision description contained errors. plat, applicant discovered that the metes and bounds As a result the subdivision plat was not filed during the above referenced time period. Petitioner now desires to apply again with an accurate metes and bounds description. WHEREFORE, CARILLON MEDICAL CENTER Council repeal Ordinance Number 34490- 100499. respectfully petitions that the City II. CARILLON MEDICAL CENTER, by its agent, applies to have a portion of Highland Ave. S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the city of Roanoke (1979), as amended. This portion of Highland Ave. S.E. is more particularly described on the map attached and as follows: That certain tract or parcel of land, containing 0.23 acres more of less, being that portion of Highland Avenue to be closed and vacated and being more particularly bounded and described as follows: BEGINNING at a point in the southerly right-of-way of Highland Ave., S.E., said point being the northwesterly corner of Lot 8, Block 10, Official Survey, S.E. No. 3 of the City of Roanoke, VA and the property of Community Hospital of Roanoke Valley and being shown as Corner 1 on Vacation Plat from Records for Community Hospital of Roanoke Valley by Caldwell White Associates dated 18 May 2000; thence leaving the southerly right-of-way of Highland Ave., S.E. and crossing Highland Ave., S.E. N 00° 46' 04"E 50.24 feet to Corner 2, said point being on the northerly right-of-way of Highland Ave., S.E.; thence with the northerly right-of-way of Highland Ave., S.E. and the property of Community Hospital of Roanoke Valley (New Parcel 'A' & 'B', MB I PG 964) S 89° 07' 20" E 205.38 feet to Corner 3; thence leaving New Parcel 'B' MB 1 PG 964 and with the westerly line of New Parcel 'C' MB I PG 964 and with the westerly terminus of Highland Ave., S.E. (closed and vacated by Ordinance 18744) S 6°38'31" W 49.81 feet to Corner 4; thence leaving New Parcel 'C" MB 1 PG 964 and with the property of Community Hospital of Roanoke Valley and the southerly right-of-way of Highland Ave., S.E., the northerly line of First St., S.E. (closed and vacated by Ordinance 32343-012395) and the northerly line of New Lot 9, MB I PG 1418, N 89° 33' 54" W 50.30 feet to Corner 13; thence continuing with the southerly right-of-way of Highland Ave., S.E. and the northerly line of New Lot 9 MB 1 PG 1418 and Lot 8, Block 10, Official Survey S.E. No. 3, N 89° 13' 56" W 150.00 feet to the Point of Beginning, containing 0.2328 Ac. (10,142 sf) and being as shown on Vacation Plat from Records for Community Hospital of Roanoke Valley by Caldwell White Associates dated 18 May 2000, said parcel containing a portion of Highland Ave., S.E. closed and vacated by Ordinance 34490-100499 and erroneously described in said Ordinance. CARILLON MEDICAL CENTER states that the grounds for this application are as follows: 1. Applicant and its subsidiaries owns all property adjoins the property to be vacated. 2. The property to be vacated is presently being used as a street exclusively to access the applicant's property. 3. The applicant desires to use the property to be vacated as a continuation of an existing driveway and as a small portion of a building site for a new medical office building, allowing the applicant to move the foundation of said building away from a steep embankment. WHEREFORE, CARILLON MEDICAL CENTER respectfully requests that the above described portion of Highland Ave. S.E., be vacated by the council of the city of Roanoke, Virginia, in accordance with virginia code Section 15.1-364, Code of the City of Roanoke (1979), as amended. Respectfully submitted, .John Chdstodoulides Carilion Medical Center Facility Services Director Project Management (540 981 8834) F:\users\rachel\WORD\RealEstate\VACATINGhighland.doc611100 12:14:48 PM 4~877 EXHIBIT A CO~MUN!~ ~ HOSPiTaL OF ~O~NOKE VnLLE¥ L.O! ;% 4020101 .;-... 68.5e 12 ¢'= jjj ~ 402081/~ me4.o+- ELM AVE.. - EXHIBIT COMMU~It r t ItO$~ITAL OF 4020101 cHr'{ v ' ~" ' ~z- ~:-~:~:~,--~ ~, := .......................... ~ ~ ....... J ~ ,~,.~.~.~ ~ ~ - ~..~o,~.,,~,, ~,., I ............ / .......... '~ TOTAL AREA BEING REQUESTED FOR ............ ~ "~':~ ' o II .... s -~ 3 ........... o.~oo . J I- ~"~ · "~u'aND~n~ , · ,. ~ ~1 ,: - ' I ' ( '~ ' ' ' ~ l ~ · ~¢ ' · . - . '~:~ ' ~ ~ · "~' ' ' 11 I " · · · ~ II11' .J ' , J . . . . - · J/ I . ~ - . . -'-. ..... '';I .. .~.,~ ,I,. ..~ · I ' ~g.;:~:;~/L ' ' ! .. ~i~. · " " ' ~1 ,, I __-:,IL,~ / '----- · ~H ~ ,'-,~ ' · ! >, ,. :1! .., '~-. ADDITIONAL AREA CURRENTLY BEING. REQUESTED FOR VACATION · I' -- ~/~'~1~~ MAP A "'"'""" .... ORiGiNAL 'LOT 8" '1;~:;..'.' PA,RCEL e.'~-02t 408 D.8. 1653, PG. 580 -- m iii) 0 2160 .,kC ""' ................................... ~,:.,,;.~,~,. '.. · .. ~-~'.'h 1 7' ~ ............ ADDITIONAL AREA CURRENTLY BEING'''~ J ~_~',.~ REQUESTED FOR VACATION ~ ~c) ,~ ~'.~ ~o .............. l..> ................ AR~ REQUESTED FOR CLOSURE v C ,ON ,N O, ,N NC ~O. 344~0-~004~ (~kk A~D VOI~). MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 - 1536 TeLephone: (540) 853-2541 Fax: (540) 853-1145 August 11, 2000 File #514 SANDRA H. EAKIN Deputy City Clerk John Christodoulides, Director Project Management Carillon Health System Facility Services 1212 Third Street, S. W. Roanoke, Virginia 24016 Dear Mr. Christodoulides: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Carillon Medical Center, to repeal Ordinance No. 34490- 100499 adopted on October 4, 1999, which vacated, discontinued and closed a portion of Highland Avenue, S. E., and further requested that a certain parcel of land, containing 0.23 acre, more or less, being a portion of Highland Avenue, S. E., beginning at the northwesterly corner of Lot 8, Block 10, Official Survey No. 3, and running in an eastedy direction to a previously closed portion of Highland Avenue, S. E., be permanently vacated, discontinued and closed. For your infOrmation, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. '- It will be necessary for you, or your representative, to be present at the August 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, .,~,~ Mary F. CMC City Clerk MFP:sm Enclosure The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times CARILION MEDICAL CEN 435 MCCLANAHAN STREE FACILITY SERVICES ROANOKE VA 24014 REFERENCE: 80045569 Carillon 01478220 NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, 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: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this I ~l~ day  t~0~0~tness my hand and official seal. · " , Notary Public My commission expires PUBLISHED ON: 08/03 08/10 TOTAL COST: 166.50 TO WHOM IT MAY CONCERN: The Council of the C~tY of Roanoke Mil Iiok] a Public Hearing on Monday, August 21, 2000, ~t 7.'00 p.m., o~ ,-, soon be heard, In t~e Council Cham- Ordlnanc® No. 34490- be~ 4, 199gOeoember 3, 1979, way, the following public 1hat c~taln 0.23-acm, mom a~l n~nlng in an S.E. 456, Munldp~ Buildln& partes in ~ may appear day o~,'~.~,--t, ~,000 ~.y F. ~a~., C~ C~. (1478220) FILED ON: q 08/18/0~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of repealing Ordinance No. 34490-100499, adopted October 4, 1999, and an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That certain 0.23-acre, more or less, portion of Highland Avenue, S.E., beginning at the northwesterly comer of Lot 8, Block 10, Official Survey No. 3, and running in an easterly direction to a previously closed portion of Highland Avenue, S.E. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this __day of ,2000. Mary F. Parker, City Clerk. H:\NOT1CE\N-SC-CARILION-MED-CENTER. PH_8.21-00 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Thursday, July 20, 2000, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Carilion Medical Center that Ordinance No. 34490-100499 be repealed and that a portion of Highland Avenue, S.E., beginning at the northwesterly comer of Lot 8, Block 10, Official Survey, S.E. No. 3 and running in an easterly direction to a previously closed portion of Highland Avenue, S.E., be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All 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 print in newspaper on Tuesday, July 4, 2000, and July 11, 2000 Please bill: John Christodoulides Carilion Medical Center, Facility Services 1212 Third Street, SW Roanoke, VA 24016 540 981-8834 Send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 5, 2000 File #514 Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altedng or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on June 1, 2000, from Carilion Medical Center, requesting repeal of Ordinance No. 34490-100499 which vacated, discontinued and closed a portion of Highland Avenue, S. E; and further requesting that a certain parcel of land, containing 0.23 acre, more or less, being a portion of Highland Avenue, S. E., more particularly described in a certain metes and bounds description, be permanently vacated, discontinued and closed. Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council John Chdstodoulides, Director, Project Management, Cadlion Health System Facility Services, 1212 Third Street, S. W., Roanoke, Virginia 24016 VVillard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement HSSTREET98~canlion 1 Melvin L. Hill June 5, 2000 Page 2 pc~ Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner H:\STREET98\cadlion1 .wpd VIRGINIA: IN RE: IN THE CITY COUNCIL OF THE CITY OF ROANOKE '00 JU~-I P3 Petition of CARILLON MEDICAL CENTER to repeal prior vacation of a portion of Highland Avenue, S. E. and its Application for vacation of a similar portion of the same street. PETITION TO HAVE ORDINANCE REPEALED AND APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF A STREET MEMBERS OF COUNCIL: CARILLON MEDICAL CENTER, by its agent, petitions to have Ordinance Number 34490-100499 repealed. Petitioner applied to have a portion of Highland Avenue, SE permanently vacated, discontinued and closed. As a result of that application the Council of the City of Roanoke, Virginia passed Ordinance Number 34490 - 100499, at second reading on October 4, 1999. Said Ordinance required the applicant to submit a subdivision plat six months from the date of its adoption. While preparing said subdivision plat, applicant discovered that the metes and bounds description contained errors. As a result the subdivision plat was not filed during the above referenced time period. Petitioner now desires to apply again with an accurate metes and bounds description. WHEREFORE, CARILLON MEDICAL CENTER respectfully Council repeal Ordinance Number 34490 - 100499. petitions that the City II. CARILLON MEDICAL CENTER, by its agent, applies to have a portion of Highland Ave. S.E., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the city of Roanoke (1979), as amended. This portion of Highland Ave. S.E. is more particularly described on the map attached and as follows: That certain tract or parcel of land, containing 0.23 acres more of less, being that portion of Highland Avenue to be closed and vacated and being more particularly bounded and described as follows: BEGINNING at a point in the southerly right-of-way of Highland Ave., S.E., said point being the northwesterly corner of Lot 8, Block 10, Official Survey, S.E. No. 3 of the City of Roanoke, VA and the property of Community Hospital of Roanoke Valley and being shown as Corner 1 on Vacation Plat from Records for Community Hospital of Roanoke Valley by Caldwell White Associates dated 18 May 2000; thence leaving the southerly right-of-way of Highland Ave., S.E. and crossing Highland Ave., S.E. N 00° 46' 04"E 50.24 feet to Corner 2, said point being on the northerly right-of-way of Highland Ave., S.E.; thence with the northerly right-of-way of Highland Ave., S.E. and the property of Community Hospital of Roanoke Valley (New Parcel '^' & 'B', MB 1 PG 964) S 89° 07' 20" E 205.38 feet to Corner 3; thence leaving New Parcel 'B' MB 1 PG 964 and with the westerly line of New Parcel 'C' MB 1 PG 964 and with the westerly terminus of Highland Ave., S.E. (closed and vacated by Ordinance 18744) S 6°38'31" W 49.81 feet to Corner 4; thence leaving New Parcel 'C" MB 1 PG 964 and with the property of Community Hospital of Roanoke Valley and the southerly right-of-way of Highland Ave., S.E., the northerly line of First St., S.E. (closed and vacated by Ordinance 32343-012395) and the northerly line of New Lot 9, MB 1 PG 1418, N 89° 33' 54" W 50.30 feet to Corner 13; thence continuing with the southerly right-of-way of Highland Ave., S.E. and the northerly line of New Lot 9 MB 1 PG 1418 and Lot 8, Block 10, Official Survey S.E. No. 3, N 89° 13' 56" W 150.00 feet to the Point of Beginning, containing 0.2328 Ac. (10,142 sO and being as shown on Vacation Plat from Records for Community Hospital of Roanoke Valley by Caldwell White Associates dated 18 May 2000, said parcel containing a portion of Highland Ave., S.E. closed and vacated by Ordinance 34490-100499 and erroneously described in said Ordinance. CARILLON MEDICAL CENTER states that the grounds for this application are as follows: 1. Applicant and its subsidiaries owns all property adjoins the property to be vacated. 2. The property to be vacated is presently being used as a street exclusively to access the applicant's property. 3. The applicant desires to use the property to be vacated as a continuation of an existing driveway and as a small portion of a building site for a new medical office building, allowing the applicant to move the foundation of said building away from a steep embankment. WHEREFORE, CARILLON MEDICAL CENTER respectfully requests that the above described portion of Highland Ave. S.E., be vacated by the council of the city of Roanoke, Virginia, in accordance with virginia code Section 15.1-364, Code of the City of Roanoke (1979), as amended. Respectfully submitted, John Christodoulides Carillon Medical Center Facility Services Director Project Management (540 981 8834) F:\users\rachel\WORD\RealEstate\VACATINGhighland.doc6/l/00 12:14:48 PM EXHIBIT A COMMUNI ~ ~ tlOSPITAL OF ROANOKE VALLEY LOI ^ 4020101 CHR ¥ I ~ S'I*RF. ET ~ AL.LI~.Y CLOSED I / ~ORO N.O26850 1-16-1R4 D.I~ *' --./-~ ............ ' F*:t; * ~ ~,~-2.64 r~: "TM ! ': '--~':'---' I~ I--4'"~P'-~ · , ' -J; ............................ , ~ / [ .:t .... ...IJ..f.~!.~;~ .-"~\/~: ...._ , I~ ~ 0.,43%.,.8M PARCEL 2 ~. ,.-..-'~:;~ ;~ ~. '"'-~,'~,~-~:-',q ~'-: ..... 1 '~J, i?° I , ' I .: ';:.; .~,~.;.~..., I, I I, ~,- ,~::,, ~,.,;,,.,, o,,,.,,~.,,~,,o,:~ "-'"'"' I '?'"'.'. PARCEL A , o s ~4'~e Po ,,el ' .. ,~ ~"'- --- ........ , ' 6 ... ~ ..':._ '_'.._-__~1_ - '~-~1= ..-':'.~Fi'C.~.::L ~ , '~- .;.~'7;,:.:.,.;':"~' ,.4~o,~. -.-./;/ I ,. i'~'' " '"' -- ' '"" ............... ~ .... '"'~"':"~" ':"' ' II I ----~*~ ..... ~ ~. 0 S -, , ', ';~. , .//~.... PARCEL a ~I PARCFL C ,~,. .,~ , ~...! -~ S 5 .... / ~ / .... ~ ~.: I~.~ 4o208~5 U~I~4 [ 402o8o~ I , *":: ,. L~ 0.900 Ac ....... I ~5'.,C_ O' -- ~ c.,~ AC. -'~ I'1 '~:: ¢ IH-I" ~ ';= '~ , .... 2o'~u.E. [lI~__~J ............ ~ 12 ,....~f ~ 4020814 ' Ill 0-87 +- Ac' CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #514 Frank Kinsey, Vice President Kinsey, Kinsey & Brown, LLC 2727 Mary Linda Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Kinsey: I am enclosing copy of Ordinance No. 35032-090500 permanently vacating, discontinuing and closing that portion of a certain alley extending in an eastedy direction for a distance of 440 feet from 25th Street to an alley running from Shenandoah Avenue to 24th Street. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2000, also adopted by the Council on second reading on Tuesday, September 5, 2000, and will be in full force and effect ten days following the date of its second reading. MFP:vbc Sincerely, Mary F. Parker, OMC City Clerk Enclosure Mr. Frank Kinsey, Vice President September 11, 2000 Page 2 pc: Arthur J. Munsey, 2446 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 Wayne L. Cook, 5622 Ingleside Drive, Roanoke, Virginia 24017 Andrew Lee Roberts, III, 711 Fifth Street, N. E., Roanoke, Virginia 24016 Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINiA' The 5th day of September, 2000. No. 35032-090500. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Kinsey, Kinsey & Brown, L.L.C., filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and 'close the public fight-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on August 21,2000, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the .land proprietors affected by the requested closing of the subject public fight-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain alley extending in an easterly direction for a distance of approximately 440 feet from 25th Street to an alley running from Shenan. d.oah to 24th Street, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbet)y, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal fi.om the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance beingrecorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of six (6) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. H:\ORD-CLOS~O-AC-Kin~y-PH-~-21-00 4 L ' ~CHARTERED 1882~ Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report August21,2000 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Kinsey, Kinsey & Brown, that an alley extending fro a distance of approximately 440 feet from 25th Street N.W., to an alley running parallel with 24th Street N.W., said alley lying to the rear of lots identified as Official tax parcel Nos. 2311001, 2311004 through 2311009, inclusive; and 2311017 through 2311025, inclusive, be permanently vacated, discontinued and closed. Background: All City Ordinances adopted for the purpose of vacating public rights-of-way (streets and alleys) are adopted subject to the applicants agreement to meet and comply with certain conditional requirements. These conditions are necessary to ensure that the lands within the vacated rights-of-way will be disposed of in a manner consistent with the laws of the Commonwealth of Virginia. Ordinance No. 32343-012395, as adopted by City Council on January 19, 1995, provided for the closure and vacation of the above-described public alley, subject to certain conditions. The ordinance was adopted subject to the condition that the original applicant, Wayne L. Cook, would record a subdivision plat, in the office of the Clerk of Circuit Court, within a period of six (6) months from the effective date of the ordinance. In addition, the ordinance specifically provided that in the event the applicant failed to record the required plat, within the specified time period, the ordinance would become null and void with no further action by City Council being necessary. The applicant, in this instance, failed to record the required subdivision plat within the time period specified in the ordinance. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals The subject alley has a partially graveled surface from its intersection with 25th Street to the rear of tax parcel no. 2311004. The remaining section of public alley in this City block is undeveloped. Planning Commission public hearing was held on July 20, 2000. Both petitioner and staff gave presentations. There was no one present either in favor of or in opposition to the requested closure. Considerations: The current applicant, Kinsey, Kinsey & Brown, is requesting the closure and vacation of the same specific section of public alley as initially provided for in the above-cited and previously nullified ordinance. The applicant intends to use the land within the alley right-of- way, if vacated, to expand an existing adjacent business. Closure of this section of alley will facilitate development in an area designated by the City's comprehensive plan for industrial use. The standard issues that most frequently arise in the closure and vacation of streets and alleys are issues such as, the effect that such closures may have on; the surrounding neighborhood; traffic; or public utilities; dead-ending of public rights-of-way; land uses; and the City's comprehensive plan. These issues have been addressed. The City will retain all necessary easements for utilities. All affected property owners have been notified of the application to vacate the above described alley. No objections or opposition to the proposed vacation have been received as of the preparation date of this report. Recommendation: The Planning Commission, by a vote of 5-0 (Messrs. Butler and Rife absent) recommend approval of the requested closure subject to the following conditions: Ao The applicant shall submit to the Agent for the Planning Commission, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The 2 Co applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of six months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary ESL:ERT:CC: attachments cc: Assistant City Attorney Attorney for the Petitioner Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission -IN T,H~,, ',C6'.~."~'IL:OF THE CITY OF ROANOKE, VIRGINIA Application of KINSEY, KINSEY & BROWN, L.L.C. for vacation of ALLEY APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: KINSEY, KINSEY & BROWN, L.L.C. applies to have alley extending from 25~h Street to an alley running fi.om Shenandoah to 24~h Street, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-l 4, Code of the City of Roanoke (1979), as amended. The above cited alley extends in an easterly direction fi.om 25~h Street NW through a portion of Block 11 for a distance of approximately 440 feet to intersection with another alley running in a nortlVsouth direction and is more particularly described on the attached copy of City of Roanoke Official Map No. 122. (alley extending fi.om 2Yh Street to an alley running fi.om Shenandoah to 24th Street.) KINSEY, KINSEY & BROWN, L.L.C. states that the grounds for this application are as follows: 1. K.INSEY, KINSEY & BROWN, L.L.C. desires to use the property to be vacated for future building expansion. 2. Property to be vacated is presently grown up in trees. WHEREFORE, KINSEY, KINSEY & BROWN, L.L.C. respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979) as amended. Respectfully submitted, Operating Manager 2727 Mary Linda Avenue Roanoke, VA 24012 DATED: May 25, 2000 OFFICIAL TAX NUMBI~R 2311001 2311004 2311005 2311006 2311007 2311008 2311009 ADJOINING LAND OWNERS NAME/ADDRESS Arthur J. Munsey 2446 Shenandoah Roanoke, VA 24017 Wayne L. Cook 5622 Lngleside Dr. Roanoke, VA 24018 Mary R. Wayneek C/o Andrew Reynolds 711 I"NE Roanoke, VA 24016 Wayne L. Cook P. O.B'ox 12058 Roanoke, VA24022 ,/ %3~o0S · · MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 11,2000 File #514 Mr. Arthur J. Munsey Mr. Wayne L. Cook Mr. Andrew L, Roberts, III Ms. Mary R. Wayneek cio Mr. Andrew Reynolds Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 8, 1981., I have advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Kinsey, Kinsey & Brown, LLC, that a certain alley extending in an eastedy direction for a distance of 440 feet from 25t~ Street to an alley running from Shenandoah Avenue to 24th Street, be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. - Sincerely, Mary F. Parker, CMC City Clerk MFP:sm MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 ~ - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 11,2000 File #514 SANDRA H. EAKIN Deputy City Clerk Frank Kinsey, Vice President Kinsey, Kinsey & Brown, LLC 2727 Mary Linda Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Kinsey: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21,2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Kinsey, Kinsey & Brown, LLC, that a certain alley extending in an eastedy direction for a distance of 440 feet from 25th Street to an alley running from Shenandoah Avenue to 24th Street, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have queStions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. It will be necessary for you, or your representative, to be present at the August 21 public 'hearing. Failure to appear could result in a deferral of the matter until a later date. ~'~Sincerely' '~. p~ " Mary F. Parker, CMC City Clerk MFP:sm Enclosure The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................... KINSEY, KINSEY & BRO 2727 MARY LINDA AVE ROANOKE VA 24012 REFERENCE: 80045646 01478614 Shen/24th NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, 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: City/County of Roanoke, Commonwealth/State of Virginia. ~.~ Sworn and subscribed before me this I day _~~2~.J~y hand and official seal. ~ ~ __ , Notary Public My commission expires ~ PUBLISHED ON: 08/03 08/10 TOTAL COST: 133.20 NOTICE OF PUBLIC HEARING 2000, at 7..00 p.m., or ~m ~m" feet from 25th ~ to 24th Stmet. FILED ON:/~7 08/~D~/00 ............................ Aut~ri~d S~g~ature ~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That certain alley extending in an easterly direction for a distance of approximately 440 feet from 25th Street to an alley running from Shenandoah Avenue to 24th Street. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 3rd day of August, 2000. Mary F. Parker, City Clerk. C:~VlyFile$~q-AC-Kinsey-PH-8-21-00 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: Kinsey, Kinsey, & Brown to close an alley extending from 25th Street, NW)AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the 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 Section 15.2-2204, 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 3rd day of July, 2000, notices of a public heating to be held on the 20th day of July, 2000, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 2311017 thru 2311025 PETITIONER 2311001 2311004 Arthur J. Munsey 2446 Shenandoah Ave NW Roanoke, VA 24017 2311005 2311O06 2311007 Wayne L. Cook 5622 Ingleside Drive Roanoke, VA 24017 2311008 2311009 Andrew Lee Roberts, III Martha Pace Franklin 711 Fifth Street, NE Roanoke, VA 24016 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 3rd day of July, 2000.~, ~_ ~J//~ No/'ary PtJblic ../ My Commission expires: ~t~_L~ I.f// C~)~ 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 Thursday, July 20, 2000, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Kinsey, Kinsey& Brown that an alley extending in an easterly direction from 25th Street, N.W., for a distance of approximately 440 feet, to an alley running parallel with 24th Street, N.W., said alley lying to the rear of lots identified as Official Tax Nos. 2311001, 2311004 through 2311009, inclusive; and 2311017 through 2311025, inclusive; be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, Room 166, Municipal Building. All 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 print in newspaper on Tuesday, July 4, 2000, and July 11, 2000 Please bill: Frank Kinsey Kinsey, Knsey & Brown, LLC 2727 Mary Linda Avenue, NE Roanoke, VA 24012 540 345-5063 Send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 1,2000 File #514 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 254~ Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on May 31,2000, from Kinsey, Kinsey & Brown, LLC, requesting that an alley extending from 25th Street to an alley running from Shenandoah Avenue to 24th Street, N. W., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning commission Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner N :\CKLO 1 \STREET98'J=irst Street, N.W ~" IN Tm ~O_L~_.~'C~OF THE CITY OF ROANOKE, VIRGINIA IN RE: '00 31 :50 Application of KINSEY, KINSEY & BROWN, L.L.C. for vacation of ALLEY. APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: KINSEY, KINSEY & BROWN, L.L.C. applies to have alley extending from 25th Street to an alley running from Shenandoah to 24th Street, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. The above cited alley extends in an easterly direction from 25~ Street NW through a portion of Block 11 for a distance of approximately 440 feet to intersection with another alley running in a north/south direction and is more particularly described on the attached copy of City of Roanoke Official Map No. 122. (alley extending from 25th Street to an alley running from Shenandoah to 24t~ Street.) KINSEY, KINSEY & BROWN, L.L.C. states that the grounds for this application are as follows: 1. KINSEY, KINSEY & BROWN, L.L.C. desires to use the property to be vacated for future building expansion. 2. Property to be vacated is presently grown up in trees. WHEREFORE, KINSEY, KINSEY & BROWN, L.L.C. respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979) as amended. Respectfully submitted, KIN~SEY & BRO~qN., L.L.C. Operating Manager 2727 Mary Linda Avenue Roanoke, VA 24012 DATED: May25,2000 OFFICIAL TAX NI,YMBER 2311001 2311004 2311005 2311006 2311007 2311008 2311009 ADJOINING LAND OWNERS NAME/ADDRESS Arthur J. Munsey 2446 Shenandoah Roanoke, VA 24017 Wayne L. Cook 5622 Ingleside Dr. Roanoke, VA 24018 Mary R. Wayneek C/oAndrewReynolds 711 lStNE Roanoke, VA24016 Wayne L. Cook P. O. Box 12058 Roanoke, VA24022 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11, 2000 File #514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35038-090500 permanently vacating, discontinuing and closing all of that certain 12 foot alley extending approximately 180 feet along the entire northern property line of a parcel of land identified as Official Tax No. 2013605, to the easternmost right-of-way boundary of First Street, N.W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2000, also adopted by the Council on second reading on Tuesday, September 5, 2000, and will be in full force and effect ten days following the date of its second reading. MFP:vbc Mary F. Parker, CMC City Clerk Attachment 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35038-090500. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public fight-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on August 21, 2000, after due and timely notice thereof as required by §30-14, Code o f the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain 12' alley extending approximately 180 feet along the entire northern property line of a parcel identified by Tax No. 2013605, to the easternmost right-of-way boundary of First Street, N.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of- way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all. required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the fight of ingress and egress over the same, for the i~stallation and maintenance of any and all existing utilities that may be located within the fight-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk. to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. I:\O-AC-Sh~C. mu~a~,~a irsm/elfe,~-pH.8.21410 4 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report August 21,2000 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the City of Roanoke, to close and permanently vacate a public alley, between Shenandoah Avenue, N.W., and Centre Avenue N.W. Background: Application is a request to close and permanently vacate a certain public alley having a variable width of 12' and a length of approximately 180 feet which extends in an easterly direction from First Street, N.W., along the northernmost property line of official tax parcel number 2013605 (see attached Map A). This application has been submitted for the purpose of initiating development activities within the Greater Gainsboro Redevelopment Area. Land within the vacated alley right-of- way, and certain other adjacent properties will be redeveloped to provide an appropriate site for the construction of a new parking garage. A new pedestrian plaza will be located on the westerly side of the parking garage. In addition to the standard request for closure and vacation, it is being requested that the subject alley right-of-way, be sold to the Roanoke Redevelopment and Housing Authority, an adjacent property owner, for one dollar. Closure and vacation of the subject alley right-of-way is consistent with the City's Comprehensive Plan which encourages economic development opportunities in the downtown and its environs. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Planning Commission public hearing was held on July 20, 2000. Mr. Phil Schirmer, Acting City Engineer discussed the City's request. Mr. Richard Cranwell, representing John Lampros, again advised the Commission that he was opposed to the subject request indicating that there was presently a condemnation proceeding being pursued and that closing the right of way would interfere with his client's use of the property. During the discussion, Planning Commission members advised that the design of the parking garage and other structures in the Gainsboro and Henry Street areas should be architecturally similar to, and compatible with, the existing structures in the neighborhood. Recommendation: It is recommended that City Council approve the request for alley closure. By a vote of 5-1 (Mr. Chrisman voting against the motion and Mr. Butler absent), the Planning Commission recommended approval of the applicant's request to close and permanently vacate the described section of public alley right-of-way subject to the following conditions: Ao The applicant shall submit a plat to the Agent for the Planning Commission, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Do If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission attachment cc: Assistant City Attorney Petitioner MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 11, 2000 File #514 Roanoke Redevelopment and Housing Authority Mr. John N. Lampros Norfolk & Western Railway Co. Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke that all of that certain 12 foot alley extending approximately 180 feet along the entire northern property line of a parcel identified by Official Tax No. 2013605, to the easternmost right-of-way boundary of First Street, N. W., be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public fight-of-way, the following public right-of-way: That certain 12' alley extending approximately 180 feet along the entire northern property line of a parcel identified by Tax No. 2013605, to the easternmost right-of-way boundary of First Street, N.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this __ day of ,2000. Mary F. Parker, City Clerk. H:\NOTlCE\N-AC-ShenCentre-betweenFirstJeffe~son-PH8-21-00 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .............................................................................. ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 let St. 01478855 NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, 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: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _~ day t~000. Witness my hand and official seal. ~~ Notary Public My commission expires PUBLISHED ON: 08/03 08/10 TOTAL COST: 126.54 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: 2000, 'at 7:00 p.m., or a~ ao(m themaf~r a~ the matter may 215 Chu~ Avl~ue, S.W., on an app#emion to ~ aba,don, yin:ate, dim=ont~nue and clo~e, to the extent the Th~ ~l~n ~ al~y ex~ndln~ line of a pamM k~en~l~d by of Rrst Stm~, N.W, able for public in~pec~on In the partle~ In intm'e~t may appear doy o~ A.fust, 2000. ('t478855) ............................ + ........................... ~h~ized Signature ~ MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-t 145 May 16,2000 File #514 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a First Amended Application received in the City Clerk's Office on May 15, 2000, from the City of Roanoke requesting that all of a certain right-of-way between Shenandoah Avenue and Centre Avenue and between First Street and Jefferson Street, N. W., be permanently ?~Vacated,:discontinued and closed. Sincerely, Mary F. Parker, CMC · City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator ~ha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner H:~STREET98~Sheflandoah Avenue, N.W '00 ;, FIRST AMENDED APPLICATION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF AN ) ALLEY BETWEEN SHENANDOAH ) AVENUE, NW AND CENTRE ) AVENUE, NW ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PUBLIC ALLEY TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have all of a certain right-of-way between Shenandoah Avenue, NW, and Centre Avenue, NW, between First Street and Jefferson Street, NW, permanently vacated, discontinued and closed pursuant to Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the attached map (Exhibit A) and as follows: A 12-foot alley extending approximately 180 feet along the entire northern property line of a parcel identified by Tax No. 2013605, to the easternmost right-of-way boundary of First Street, NW. The total area will be accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, 2013602, 2013603 and 2013604, adjacent property to the north. Alley closure is required as part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that the subject right-_of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for One Dollar and other good and valuable consideration. Closure of this alley right-of-way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject alley is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described alley be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended.. Date: 5'] 15'//~ 0 Respectfully submitted, Darlene L. Burcham City Manager I:\WPDOCS~PLANCO~2.PET 2 2012.812 AVENUE 2013010 2015011 2015O09 2013012 2015013 2013017 2013018 2013014 CEN--RE 2013605 AVENUE 2015606 SHENANDOAH ,b I I I AREA TO BE CLOSED Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 Tax Number 2013601 2013602 2013603 2013604 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2013605 Roanoke Foundation for Downtown, Inc. 310 First Street, SW Roanoke, VA 24011 2013606 PROPOSED CLOSURE ,TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: City of Roanoke to close a portion of public right-of-way at 1st Street, NW)AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the 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 Section 15.2-2204, 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 3rd day of July, 2000, notices of a public hearing to be held on the 20th day of July, 2000, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2013601 Owner's Name Roanoke Redevelopment and Housing Authority 2013605 John N. Lampros 2014201 Norfolk &Westem Railway Co. Attn.: L. R. Clingenpeel Manager, Real Estate Martha Pace Franklin Mailing Address P. O. Box 6359 Roanoke, VA 24017 2624 Salem Turnpike, NW Roanoke, VA 24017 1902 Cantle Lane, SW Roanoke, VA 24018 110 Franklin Road, SE Roanoke, VA 24011 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 3rd day of July, 2000. N'&~a~ Public // ~ My Commission expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Thursday, July 20, 2000, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., to consider the following: 1. Request from the City of Roanoke that a portion of public right-of-way at First Street, N.W., between Centre Avenue, N.W., and Shenandoah Avenue, N.W., be altered by barricade. Request from the City of Roanoke that a certain right-of-way between Shenandoah Avenue, N.W., and Centre Avenue, N.W., between First and Jefferson Streets, N.W., more specifically described as a 12 foot alley extending approximately 180 feet along the entire northern property line of a parcel identified by Official Tax No. 2013605, to the easternmost right-of-way boundary of First Street, N.W., be permanently vacated, discontinued and closed. Request fi'om the City of Roanoke for a determination that proposed street and alley closures in the Greater Gainsboro Redevelopment Area, as well as public infrastructure improvements illustrated in the Henry Street Master Plan, are substantially in accord with the City's adopted comprehensive plan. A copy of said application is available for review in the Department of Planning and Community DevelOpment, Room 166, Municipal Building. All 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 print in newspaper on Tuesday, July 4, 2000, and July 11, 2000 Please bill m;d send affidavit of publication to: Department 0fPlanning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) 'TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA l' ~ECE ,~ (:1 T Y C: L~., ~ :-<, :i: r? !:' f: :. :. PERTAINING TO THE STREET CLOSURE REQUEST OF: City of Roanoke to close a portion of public right-of-way at 1 Street, NW)APlqDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly swom, states that she is 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 Section 15.2-2204, 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 22$~ day of May, 2000, notices of a public hearing to be held on the 21sT day of June, 2000, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2013601 Owner's Name Roanoke Redevelopment and Housing Authority Mailing Address P. O. Box 6359 Roanoke, VA 24017 2624 Salem Turnpike, NW Roanoke, VA 24017 2013605 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2014201 Norfolk &Westem Railway Co. 110 Franklin Road, SE Attn.: L. R. Clingenpeel Roanoke, VA 24011 Manager, Real Estate t Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of May, 2000. Notary Public 0 My Commission expires: MARY E PARKER, CMC City Clerk CITY OF ROANOKE ©FF:ICE OF: THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: /540) 853-2541 Fax: (540) 853-1145 May 16, 2000 File #514 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a First Amended Application received in the City Clerk's Office on May 15, 2000, from the City of Roanoke requesting that all of a certain right-of-way between Shenandoah Avenue and Centre Avenue and between First Street and Jefferson Street, N. W., be permanently vacated, discontinued and closed. MFP:Io Enclosure pc: Sincerely, Mary F. Parker, CMC City Clerk The Honorable Mayor and Members of the Roanoke City Council Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner H:\STREET98~Shenandoah Avenue, N.W FIRST AMENDED APPLICATION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF AN ) ALLEY BETWEEN SHENANDOAH ) AVENUE, NW AND CENTRE ) AVENUE, NW ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PUBLIC ALLEY TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have all of a certain right-of-way between Shenandoah Avenue, NW, and Centre Avenue, NW, between First Street and Jefferson Street, NW, permanently vacated, discontinued and closed pursuant to Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the attached map (Exhibit A) and as follows: A 12-foot alley extending approximately 180 feet along the entire northern property line of a parcel identified by Tax No. 2013605, to the easternmost right-of-way boundary of First Street, NW. The total area will be accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, 2013602, 2013603 and 2013604, adjacent property to the north. Alley closure is required as part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that the subject right-of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for One Dollar and other good and valuable consideration. Closure of this alley right-of-way will have no adverse effect on any property or owner· (3) A list of the property owners whose lots border or abut the subject alley is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described alley be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: Respectfully submitted, Darlene L. Burcham City Manager I:\WPDOCS~LANCOM2.PET 2 2012812 AVENUE 2013010 2013011 2015009 2013018 2013012 2013015 CEN 2013605 2015017 -RE AVENUE 2013606 ," I I I SHENANDOAH AREA TO BE CLOSED Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 Tax Number 2013601 2013602 2013603 2013604 2013605 Roanoke Foundation for Downtown, Inc. 310 First Street, SW Roanoke, VA 24011 2013606 MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 May 5, 2000 File #514 SANDRA H, EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on May 5, 2000, from the City of Roanoke requesting that all of a certain right-of-way between Shenandoah Avenue and Centre Avenue and between First Street and Jefferson Street, N. W., be permanently vacated, discontinued and closed. MFP:Io Enclosure pc: Sincerely, Mary F. Parker, CMC City Clerk The Honorable Mayor and Members of the Roar~oke City Council VVillard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner H:\STREET98~Shenandoah Avenue, N.W IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ~,~0:35 IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF AN ) ALLEY BETWEEN SHENANDOAH ) AVENUE, NWAND CENTRE ) AVENUE, NW ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PUBLIC ALLEY TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have all of a certain right-of-way between Shenandoah Avenue, NW, and Centre Avenue, NW, between First Street and Jefferson Street, NW, permanently vacated, discontinued and closed pursuant to Section 15.2- 2006, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the attached map (Exhibit A) and as follows: A 12-foot alley extending approximately 180 feet along the northern property line ora parcel identified by Tax No. 2013605, to the easternmost right-of-way boundary of First Street, NW. The total area will be accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, 2013602, 2013603 and 2013604, adjacent property to the north. Alley closure is required as part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that the subject right-of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for One Dollar and other good and valuable consideration. Closure of this alley right-of-way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject alley is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described alley be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.2-2006, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: 5'-//~//~ o Respectfully submitted, City Manager I:\WPDOCS~PLANCOM2.PET 2 Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 Tax Number 2013601 20136O2 2013603 2013604 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2013605 Roanoke Foundation for Downtown, Inc. 310 First Street, SW Roanoke, VA 24011 2013606 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 27,2000 File #514 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Second Amended Application received in the City Clerk's Office on June 23, 2000, from the City of Roanoke requesting that all of a certain public right-of-way at First Street between Centre Avenue and Shenandoah Avenue, N. W., be permanently vacated, discontinued and closed; and an additional area closed to vehicular traffic by barricade on First Street, N. W., between Centre Avenue and Shenandoah Avenue, N. W. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io:js Enclosure The Honorable Mayor and Members of the Roanoke City Council Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner f'ITv -" ~ ........... SECOND AMENDED APPLICATION '00 JU".~ 23 ¢,!1:07 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSING A PORTION) AND BARRICADING A PORTION ) OF THE RIGHT-OF-WAY OF FIRST ) STREET, NW ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PUBLIC STREET, AND ALTERING BY BARRICADE A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of public right-of-way at First Street, NW, between Centre Avenue, NW, and Shenandoah Avenue, NW, permanently vacated, discontinued and closed, and an additional area closed to vehicular traffic, pursuant to Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. These portions of public right-of-way are more particularly described on the attached map (Exhibit A) and as follows: The section of the right-of-way to be vacated is a rectangular portion along the eastern boundary of First Street, NW. The portion to be altered by barricade is a variable width portion of public right-of-way on First Street, NW, between Centre Avenue, NW, and Shenandoah Avenue, NW. Each of these areas will be accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, adjacent property to the northeast. Closure is required as part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that a portion of the subject right- of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for One Dollar ($1.00) and other good and valuable consideration, and the additional portion be altered by barricade and thereby closed to vehicular traffic. Closure of this street right-of-way and alteration of the traffic pattern will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued and closed, and altered by barricade and thereby closed to vehicular traffic by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: (o/'-? :~//O o Respectfully submitted, ne . am City Manager I:\WPDOCS\Gainsboro~LANCOM4.PET 2 2o~ 3~oa Exhibit "A" ~ ~ 2013!0 ~-- ~oT sso~ 7 SSos ~-- J CENTRE ~<?.~ A VENUE O~/N'/'~ ~ 201't201 SHENANDOAH 101 O3Ol TO BE PERMANENTLY VACATED, DISCONTINUED AND CLOSED. TO BE CLOSED TO VEHICULAR TRAFFIC. Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 Tax N.____~_umber 2013601 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2013605 Norfolk & Western Railway Co. At"tn: L. R. Clingenpeel Manager, Real Estate 110 Franklin Road, SE Roanoke, VA 24011 2014201 Mary F. Parker, CMC City Clerk CITY OF R O,4NOKE Office of the City Clerk April 25, 2000 File ~432-511-514 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your report recommending authorization to file a petition to close a portion of First Street, N. W., between Centre and Shenandoah Avenues, relating to the Greater Gainsboro Development Project, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, April 17, 2000. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk pc: James D. Gdsso, Director of Finance ~Ch~.es M. Huffine, City Engineer tfl~rah E. Fitton, Engineering Coordinator CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11,2000 File #27-28-166-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35039-090500 authorizing the granting of a variable width easement for installation of overhead and underground electric power service across City-owned property located on the Garden City Elementary site, upon certain terms and conditions as more particularly set forth in a report of the Water Resources Committee under date of August 21, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21,2000, also adopted by the Council on second reading on Tuesday, September 5, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Sch.ools Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35039-090500. AN ORDINANCE authorizing the granting of a variable width easement for installation of overhead and underground electric power service across City-owned property located on the Garden City Elementary School site, upon certain terms and conditions. WHEREAS, a public hearing was held on August 21, 2000, pursuant to §§15.2- 1800(B) and 1813, Code of Virginia (1950), as mended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT RESOLVED AND ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document granting a variable width easement for installation of overhead and underground electric power service across City-owned property located on the Garden City Elementary School site, upon certain termn and conditions, as more particularly set forth in the report of the Water Resources Committe~ dated August 21, 2000. ATTEST: City Clerk. Roanoke City Council .r-~-~ Regular Agenda Report August 7, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: APCO Easement for Garden City Elementary School The attached staff report was considered by the Water Resources Committee at its regular meeting on July 17, 2000. The Committee recommends that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a variable width easement across City-owned property to APCO. Said easement will be for the installation of overhead and underground facilities to upgrade the electric service to the School. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: City Clerk City Attorney Director of Finance Engineering Coordinator #00-359 Water Resources Committee Regular Agenda Report July 17, 2000 To: From: Subject: Membef~r Water Resources Committee Kit B. Kiser, Dire~Operations thru Darl~j.J~r~ham, City Manager APCO Easement for Garden City Elementary School Background: Appalachian Power Company (APCO), doing business as American Electric Power, has requested a variable width (ten to twenty-feet) easement for the installation of overhead and underground facilities on the Garden City Elementary School site to provide upgraded electric service to the School. See Attachment #1. Considerations: The School Administration has reviewed and approved the proposed easement area. See Attachment #2. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a variable width easement across City-owned property to APCO. Said easement will be for the installation of overhead and underground facilities to upgrade the electric service to the School. See Attachment #3. Attachments: 3 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #00-359 H:\U SER\COM MON\Council\Fitton\GrdnCty-aep GARDEN CITY ELEMENTARY SCHOOL EXISTING POLE 526-4 PROPOSED GARDEN CITY BLVD. O.N. LINE PROPOSED POLE 326'4053 CITY OF ROANOKE, VIRGINIA T.D. 665020 MAP SECT. 3780-526-C1 E ATTACHMENT 10' ' PROPOSED PADMOUNT TRANSFORMER 526-4054 PROPOSED --,UNDERGROUND LINE PROPOSED UNDERGROUND LINE APPALACHIAN POWER COMPANY VIRGINIA REGION - ROANOKE, VlRGINIA..._~_.~ PROPOSED RIGHT OF WAY ON PROPERTY OF THE CITY OF ROANOKE O,A*" eY' LMA OAT[: ~,~'. eY, MJM sc~.¢= AS SHOWN S<~T ._.1.__. or .... 1-.- ,20' V-1078 ~o, DRAWING NO. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01483779 Garden City NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, 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: City/County of Roanoke, Commonwealth/State of Virginia. ~ sworn and subscribed before me this _~_ day ~f August ~0~0- Wit~ess my hand and official seal ~~_,_~~ , Notary public W co.~don Exphes MaY ~, 2001 My commission expires PUBLISheD ON: 08/13 TOTAL COST: 87.88 ...................... NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a variable width easement for installation of overhead and underground electric power service across City-owned property located on the Garden City Elementary School site. Pursuant to the requirements of § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on August 21, 2000, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information in the form of a report from the Water Resources Committee dated August 21, 2000 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this __ day of .,2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, August 13, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:\NOTICE-WRC-CC~NE-APCo-GardcnCitySchool-8-21-00 ATTACHMENT 2 Koa,oke Cil;y P'ublic f.Schoole P'. O. E~ox 13145 - I~oa,oke, VA 24-0~1 Office of Ae~i~'can'c .~uperirtl;enclerll:; for OFera~iorl,$ l~ichar& L. Kelley. (5'~0) 855-2270 -- Fax: (5,~0) B55-2590 July 7, 2000 Mr. Kit Kiser, Director Utilities and Operations 215 Church Avenue, S. W., Room 354 Roanoke, VA 24011 Dear Kit: The School Administration has reviewed the proposed electrical easement from American Electric Power for Garden City Elementary School. The easement meets our approval and we recommend that the Water Resources Committee grant the easement request. Sincerely, Assistant Superintendent for Operations re ATTACHMENT 3 MAP NO. 3780-326 C-1 PROPERTY NO. 1 EAS NO. W. O. 750-0413 J. O. 00-1108 THIS AGREEMENT, made this 6th day of June , 2000, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACItlAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power overhead and underground on the property of the City of Roanoke, further identified onRoanoke City Tax.Map number 4400306 in the City of Roanoke, Virginia. BEING a fight of way and easement, in, on, along, through, across or under said lands for the purpose of upgrading the service to Garden City Elementary School, as shown on that certain Appalachian Power Company Drawing V- 1078, dated 5-30-00, entitled "Proposed Right of Way on Property of City of Roanoke", attached hereto and made a part hereof. THIS INSTRUMENT PREPARED BY APPALACHIAN POWER COMPANY P. O. BOX 2021, ROANOKE, VIRGINIA 24022 TOGETHER with the fight to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of poles, with crossarms, wires, cables, transformers, guys, and anchors in, on, and under the premises above referred to; grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear and/or otherwise control, and at Appalachian's option, remove from said premises any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities: the right to disturb the surface of said premises and to excavate thereon: and the right of ingress and egress to and over said above referred to premises and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. The Grantor hereby grants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. In the event APPALACHIAN should remove all of said Appalachian's facilities from the lands of thc ORANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. 2 APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain said Appalachian's facilities. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. WITNESS the signature of the City of Roanoke by Darlene L. Burcham, its City Manager, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY MANAGER CITY CLERK STATE OF VIRGINIA) ) CITY OF ROAI~OKE ) TO-WIT: Commonwealth At Large, do certify that , at Notary Public in and for the City and and , City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of in my jurisdiction aforesaid. Given under my hand this day of ,2000. ,2000, have each acknowledged the same before me My Commission Expires: NOTARY PUBLIC 4 Roanoke City Council Regular Agenda Report August 7, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: APCO Easement for Garden City Elementary School The attached staff report was considered by the Water Resources Committee at its regular meeting on July 17, 2000. The Committee recommends that Council authorize the City Manager to advertise a public headng and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a variable width easement across City-owned property to APCO. Said easement will be for the installation of overhead and underground facilities to upgrade the electric service to the School. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 cc: ~-,~fty Clerk City Attorney Director of Finance Engineering Coordinator #00-359 Water Resources Committee Regular Agenda Report July 17, 2000 To: From: Subject: Memb~r Water Resources Committee Kit B. Kiser, Direc~tilities & Operations thru Darl~r~am, City Manager APCO Easement for Garden City Elementary School Background: Appalachian Power Company (APCO), doing business as American Electric Power, has requested a variable width (ten to twenty-feet) easement for the installation of overhead and underground facilities on the Garden City Elementary School site to provide upgraded electric service to the School. See Attachment #1. Considerations: The School Administration has reviewed and approved the proposed easement area. See Attachment #2. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a variable width easement across City-owned property to APCO. Said easement will be for the installation of overhead and underground facilities to upgrade the electdc service to the School. See Attachment #3. Attachments: 3 CC: VVilliam M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #00-359 H:\USER\COMMON\Council\Fitton\GrdnCty-aep t E ATTACHMENT 1 PROPOSED PADMOUNT TRANSFORMER 326-4054 GARDEN CITY ELEMENTARY SCHOOL PROPOSED ~.UNDERGROUND LINE PROPOSED UNOERGROUND LINE EXISTING POLE 326-42 GARI[;)EN CITY BLVD. PROPOSED O.H. LINE PROPOSED POLE 326-4053 CITY OF ROANOKE, VIRGINIA T.D. 665020 MN3 SECT. 3780-326-Cl 0 20' 40' 80' 120' APPALACHIAN POWER COMPANY VIRGINIA REGION - ROANOKE, VIRGINIA PROPOSED RIGHT OF WAY ON PROPERTY OF THE CITY OF ROANOKE o.*w. "Y, LMA o^Tc, 5-30-00 ~'~.~', MJM sc-.~, AS SHOWN S~L'ET .o_'L.._ oF .... DRAWING NO. V-1078 ATTACHMENT 2 L/Roanoke City f'ublic Schoole o?,~..~ I='. O. I~ox 1~1~5 - Roanoke, VA 24-O~1 Office of ^eeiel;ant; 5uperinCendenl; for Operacione Richard L. Kelley, (540) &5~-2276 -- Fax: (540) &55-2590 .luly 7, 2000 Mr. Kit Kiser, Director Utilities and Operations 215 Church Avenue, S. W., Room 354 Roanoke, VA 24011 Dear Kit: The School Administration has reviewed the proposed electrical easement from American Electric Power for Garden City Elementary School· The easement meets our approval and we recommend that the Water Resources Committee grant the easement request· Sincerely, Assistant Superintendent ~or I~perations re ATTACHMENT 3 MAP NO. 3780-326 C-1 PROPERTY NO. 1 EAS NO. THIS AGREEMENT, made this 6th W. O. 750-0413 J. O. 00-1108 day of June , 2000, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power overhead and underground on the property of the City of Roanoke, further identified onRoanoke City Tax Map number 4400306 in the City of Roanoke, Virginia. BEING a right of way and easement, in, on, along, through, across or under said land~ for the purpose of upgrading the service to Garden City Elementary School, aa shown on that certain Appalachian Power Company Drawing V- 1078, dated 5-30-00, entitled "Proposed Right of Way on Property of City of Roanoke", attached hereto and made a part hereof. THIS IN~t KLrMEN'T PREPARED BY A~I~ALACHIAN POWER COMPANY P. O. BOX 2021, ROANOKL VlRGIMA 24023 TOGETI~R with the right to said APPALACHIAN, its successors and assign.~, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of poles, with crossarms, wires, cables, transformers, guys, and anchors in, on, and under the premises above referred to; grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear and/or otherwise control, and at Appalachian's option, remove from said premises any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities: the fight to disturb the surface of said premises and to excavate thereon: and the right of in~ress and egress to and over said above referred to premises and any of the adjoinin$ lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein/ranted, and for doing anything necessa~ or useful or convenient in connection therewith. The Grantor hereby/rants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. In the event APPALACHIAN should remove all of said Appalachian's facilities from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assi~-~. 2 APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and all loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construc~on, operations, or maintenance, or failure to properly conslruct, operate, or maintain said Appalachian's facilities. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agr~-ment Appalachian accepts the terms and conditions contained therein. WITNESS the signature of the City of Roanoke by Darlen~ L. Burcham, its City Manager, and its municipal s~*l h~,o aiF~xed and attesmd by Mary F. Parker, its City Clerk pursuant to Ordinan~ No. adopted on CITY OF ROANOKE ATTEST: CITY MANAGER CITY CLF..R~ 3 STATE OF VIRGINIA) ) CITY OF ROAfiOKE ) TO-WIT: Commonwenlth At Large, do certify that , at Notary Public in and for the City and and , City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of in my jurisdiction aforesaid. Given under my hand ~ day of ,2000. ,2000, have each acknowledged the same before me My Commission Expir~: NOTARY PUBLIC 4 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 11,2000 File #514 The Honorable Arthur B. Crush, III Clerk of the Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 35040-090500 authorizing the alteration and closing, by barricade, of that portion of First Street, N. W., as the same extends between Shenandoah Avenue and Centre Avenue. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 21, 2000, also adopted by the Council on second reading on Tuesday, September 5, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc Attachment pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 John N. 'Lampros, 1902 Cantle Lane, S. W., Roanoke, Virginia 24018 Roanoke Foundation for Downtown, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35040-090500. AN ORDINANCE authorizing the alteration and closing by barricade of certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the City of Roanoke fried an Application t6 the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by barricade the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, public hearing was held on said application by the City Council on August 21, 2000, after dueand timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said Application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closure by barricade of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from altering and closing by barricade said public right-of-way, and that such alteration will promote the safety and welfare of those using the subject public right-of-way and the right-of-way in the vicinity of the right-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of First Street, N.W., as the same extends between Shenandoah Avenue, N.W., and Centre Avenue, N.W. be, and hereby is, altered and closed by way of a barricade, as described in said Application. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered and Closed by Barricade" on said right-of-way on all maps and plats on file in his office on which said rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that said Clerk may make proper notations, if any, of the alteration and closing by barricade as described above on all maps and plats recorded ia that office on which First Street, N.W., Shenandoah Avenue, N.W., and Centre Avenue, N.W., appear. ATTEST: City Clerk. J:\O-Bamcade-First-Sben-C. mm~-PH-8-21 -~0 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report August21,2000 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the City of Roanoke, to alter by barricade, a certain portion of the public right-of-way of First Street, N.W., as the same extends between Shenandoah Avenue N.W., and Centre Avenue N.W. Background: Application is a request to alter by barricade, a portion of First Street, N.W., extending in a northerly direction from the northerly boundary of Shenandoah Avenue, N.W., to the proposed new southerly boundaries of First Street, N.W., and Centre Avenue, N.W., (see attached map A). The purpose of this request is to alter, by barricade, a section of First Street N.W., for vehicular traffic, and to redesign and convert it for the exclusive use of pedestrians. Specifically, the First Street bridge, spanning the Norfolk Southern Railway lines and Shenandoah Avenue N.W., will be redesigned and converted to a pedestrian bridge. The land within the altered section of First Street, will be redeveloped and designed as a pedestrian plaza. A parking garage will be located on the easterly side of the street right-of-way currently being requested for closure and alteration. Construction of this phase of the project is scheduled to commence in September of this year. This application will provide for certain, phased development activities within the Greater Gainsboro Redevelopment Area and will assist various developments in the vicinity of Henry Street. The alteration of the described section of First Street, N.W. is consistent with the City's Comprehensive Plan which encourages economic development opportunities in the downtown and its environs. Planning Commission public hearing was held on July 20, 2000. Mr. Phil Schirmer, Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Acting City Engineer discussed the City's request. Mr. Richard Cranwell, representing John Lampros, advised the Commission that he was opposed to the subject request advising that there was presently a condemnation proceeding being pursued and that altering the right of way would interfere with his client's use of the property. Mr. Fred Johnson, representing the Roanoke Redevelopment and Housing Authority, appeared before the Commission and advised that a condemnation proceeding was being pursued, but that a court order had been issued on the matter allowing the City to proceed on the basis of public necessity and that only valuation of the property was an issue. There was discussion by the Commission on the matter, noting that typically objections by adjacent property owners were considered in right-of-way matters. The agent and assistant city attorney to the Commission indicated that the decision of the Planning Commission was advisory to City Council and that the property in question was a public right-of-way and alteration or closing was conditioned upon final approval by Council and the recording of a plat in order for the closure to be effective. Recommendation: It is recommended that City Council approve the request to alter the public right of way. By a vote of 4-2 (Mr. Chrisman and Mrs. Duerk voting against the motion and Mr. Butler absent), the Planning Commission recommended approval of the applicant's request to alter by barricade, the subject section of First Street, N.W., by discontinuing the use of said street for vehicular purposes and converting and redesigning such street for the exclusive use of pedestrian traffic. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission attachment cc: Assistant City Attorney Petitioner MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 TeLephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 27,2000 File #514 Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 ROANOKE CITY PLANNING DEPARTMENT Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Second Amended Application received in the City Clerk's Office on June 23, 2000, from the City of Roanoke requesting that all of a certain public right-of-way at First Street between Centre Avenue and Shenandoah Avenue, N. W., be permanently vacated, discontinued and closed; and an additional area closed to vehicular traffic by barricade on First Street, N. W., between Centre Avenue and Shenandoah Avenue, N. W. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io:js Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement L~ae~yn D. Dorsey, Zoning Administrator ha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner SECOND AMENDED APPLICATION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) APPLICATION FOR VACATING, ROANOKE FOR CLOSING A PORTION) DI$CONTINUING AND GLO$1NG A AND BARRICADING A PORTION ) PUBLIC; STREET, AND ALTERING OF THE RIGHT-OF-WAY OF FIR$T ) BY BARRICADE A PUBLIC; STREET STREET, NW ) TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The C;ity of Roanoke ("Petitioner") applies to have ~, portion of public right-of-way at First Street, NW, between C;entre Avenue, NW, and $henandoah Avenue, NW, permanently vacated, discontinued and closed, and an additional area closed to vehicular traffic, pursuant to Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and $ection 30-14, Code of the City of Roanoke (1979), as amended. These portions of public right-of-way are more particularly described on the attached map (Exhibit A) and as follows: The section of the right-of-way to be vacated is a rectangular portion along the eastern boundary of First $treet, NW. The portion to be altered by barricade is a variable width portion of public right-of-way on First $treet, NW, between C;entre Avenue, NW, and $henandoah Avenue, NW. Each of these areas will be accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, adjacent property to the northeast. Closure is required as Part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that a portion of the subject right- of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for-One Dollar ($1.00) and other good and valuable consideration, and the additional portion be altered by barricade and thereby closed to vehicular traffic. Closure of this street right-of-way and alteration of the traffic pattern will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued and closed, and altered by barricade and thereby closed to vehicular traffic by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: ~//.~ :~//O o Respectfully submitted, ne . am City Manager I:\WPDOCS',Gainsboro~LANCOM4.PET 2 Exhibit "A" 201 '3308 2013010 2013011 2013012 2013013 ~* 2013014. CENTRE ~:1~/ ~ I~t SHENANDOAH 201550,~ AVENUE 2014201 I 1010301 ~~~ TO BE PERMANENTLY VACATED, DISCONTINUED r~~,~.-./z/,-,a A N D C L O S E D. TO BE CLOSED TO VEHICULAR TRAFFIC. Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Tax Number Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 2013601 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2013605 Norfolk & Western Railway Co. Attn: L. R. Clingenpeel Manager, Real Estate 110 Franklin Road, SE Roanoke, VA 24011 2O14201 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 11,2000 File #514 SANDRA H. EAKIN Deputy City Clerk Roanoke Redevelopment and Housing Authority Mr. John N. Lampros Roanoke Foundation for Downtown, Inc. Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke that a portion of First Street, N. W., as the same extends between Shenandoah Avenue and Centre Avenue, N. W., be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, f~.~~ Mary F. Parker, CMC City Clerk MFP:sm The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 Shen/Centre 01478851 NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, 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: City/County of Roanoke, Commonwealth/State of Virginia. ~ Sworn and subscribed before me this I day o~August ,2~0., Witness my hand and official seal. _~~l~~__~'~- , Notary Public My commission expires' (J ~C~~31, ~; PUELISHED ON: 08/03 08/10 Romtoke will hold a Public I.lea~ on Monday, August 21, 2000, at 7:00 p.m,, m' a~ loon tf~f~d~ ,.- t~e matter may be heart:l, In t~e Count# Clmm- be~ In the Munk~l~l 215 Chu~ Awnue, $,W., on an ~ to alter and Ir~ pub#c dilht..of,-~. N.W. lo the eanm N.W., arid ~ Avenue, A co~ ol' thi~ prolx)eal le evell- able fro' public ~ In the 4.r~, Munk~l ~ AJi oo tho mbove cl~te a~i be Maf~ F. I)ed~, City Cled~ (147886'l) TOTAL COST: 106.56 FILED ONL 08/18/00 ~ ............................ ' S~gnature --~7- NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Heating on Monday, August 21, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to alter and close by barricade, the following public right-of-way: That portion of First Street, N.W., as the same extends between Shenandoah Avenue, N.W., and Centre Avenue, N.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this ~ day of ,2000. Mary F. Parker, City Clerk. H:hNOTICE\NB-First-Shcn-Centre-PH-8-21-00 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE REQUEST OF: City of Roanoke to close a certain 12 foot right-of-way between running ) parallel to Centre Avenue and Shenandoah Avenue, N.W. )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the 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 Section 15.2-2204, 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 3ra day of July, 2000, notices of a public hearing to be held on the 20th day of July, 2000, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: 2013601 2013602 2013603 2013604 Owner's Name R'-oanoke Redevelopment and Housing Authority 2013605 John N. Lampros M~lingAddres~ P. O. Box 6359 Roanoke, VA24017 2624 SflemTumpike, NW Roanoke, VA24017 1902 Cantle Lane, SW Roanoke, VA24018 2013606 Roanoke Foundation for Downtown, Inc. 310 First Street, SW Roanoke, VA 24011 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 3rd day of July, 2000. /~q~ ~/Q~i~gJ~/~ t.~ 2/ .... Notary-Public ,/ ~ My Commission expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA ~E~,E PERT~G TO THE ST~ET CLOS~ ~QUEST OF: · P3:55 City of Ro~oke to close a ce~ain 12 foot right-of-way be~een ~lng ) p~allel to Centre Avenue ~d Shen~do~ Avenue, N.W. )~F~AVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly swom, states that she is 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 Section 15.2-2204, 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 22~ day of May, 2000, notices of a public hearing to be held on the 21sx day of June, 2000, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2013601 2013602 2013603 2013604 Owner's Name Roanoke Redevelopment and Housing Authority 2013605 John N. Lampros M~lingAddress P. O. Box 6359 Roanoke, VA24017 2624 S~emTumpike, NW Roanoke, VA24017 1902 Cantle Lane, SW Roanoke, VA24018 2013606 Roanoke Foundation for Downtown, Inc. 310 First Street, SW Roanoke, VA 24011 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 22nd day of May, 2000. Notary Public My Commission expires: MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk May 16, 2000 File//514 Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a First Amended Application received in the City Clerk's Office on May 15, 2000, from the City of Roanoke requesting that a portion of public right-of-way at First Street, between Centre Avenue and Shenandoah Avenue, N. W., be permanently vacated, discontinued and closed. Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner H:\STREET98~Centre Avenue, N.W FIRST AMENDED APPLICATION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF A ) PORTION OF THE RIGHT-OF-WAY ) OF FIRST STREET, NW ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of public right-of-way at First Street, NW, between Centre Avenue, NW, and Shenandoah Avenue, NW, permanently vacated, discontinued and closed pursuant to Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion of public right-of-way is more particularly described on the attached map (Exhibit A) and as follows: A variable width portion of public right-of-way on First Street, NW, between Centre Avenue, NW, and Shenandoah Avenue, NW. The total area will be accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, adjacent property to the northeast. Closure is required as part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that the subject right-of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for One Dollar and other good and valuable consideration. Closure of this alley right- of-way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. VVHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, and 15.2-2008, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. Date: 5 /I.~/oo Respectfully submitted, City Manager l:\WPDOCS~Plancom4.pet 2 2013010 201.3011 2013012 201~$0,~ 201301,3 20130~4 CENTRE -~ ~ 2013605 SHENANDOAH 20&~$08 AVENUE 2014201 1010301 AREA TO BE CLOSED Exhibit "B' LIST OF ADJACENT PROPERTY OWNERS Owner Tax Number Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 2013601 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2013605 Norfolk & Western Railway Co. Attn: L. R. Clingenpeel Manager, Real Estate 110 Franklin Road, SE Roanoke, VA 24011 2014201 MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk May 5, 2000 File #514 Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on May 5, 2000, from the City of Roanoke requesting that a portion of public right-of-way at First Street, between Centre Avenue and Shenandoah Avenue, N. VV., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner H:\STREET98\Cenb'e Avenue, N.W IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF A ) PORTION OF THE RIGHT-OF-WAY ) OF FIRST STREET, NW ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of public right-of-way at First Street, NW, between Centre Avenue, NVV, and Shenandoah Avenue, NW, permanently vacated, discontinued and closed pursuant to Section 15.2-2006, Code of Virginia, (1950), as amended, and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion of public right-of-way is more particularly described on the attached map (Exhibit A) and as follows: A variable width portion of public right-of-way on First Street, NW, between Centre Avenue, NW, and Shenandoah Avenue, NW. The total area will be accurately defined on a plat of survey to be required as a condition of closure. (2) The Roanoke Redevelopment and Housing Authority owns Official Tax Nos. 2013601, 2013602, 2013603, and 2013604, adjacent property to the northeast. Closure is required as part of the Greater Gainsboro Redevelopment Area Project. Petitioner requests that the subject right-of-way be closed and sold to the adjacent property owner, the Roanoke Redevelopment and Housing Authority, for One Dollar and other good and valuable consideration. Closure of this alley right-of-way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right- of-way be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.2-2006, Code of Virginia, (1950), as amended, and Section 30- 14, Code of the City of Roanoke (1979), as amended. Date: 5-//L/'//~O Respectfully submitted, City Manager l:\V(PDOCS~Plancom4.pet 2o735o8 AVENUE 2014201 2013014. CENTRE 1~ 2013605 SHENANDOAH 1010501 AREA TO BE CLOSED Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Roanoke Redevelopment & Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 Tax Number 2013601 John N. Lampros 1902 Cantle Lane, SW Roanoke, VA 24018 2013605 Norfolk & Western Railway Co. Attn: L. R. Clingenpeel Manager, Real Estate 110 Franklin Road, SE Roanoke, VA 24011 2014201 meeting of City Council scheduled to be held at 12:15 2000. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of September, 2000. No. 35053-090500. A RESOLUTION changing the place and time of commencement of the regular p.m., on Monday September 18, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Monday, September 18, 2000, in the Emergency Operations Center, 1st Floor, Municipal Building, at 215 Church Avenue, S. W., is hereby changed to 12:00 Noon, at the Wyndham Roanoke Hotel, 2801 Hershberger Road, N. W., Roanoke, Virginia, with the 3:00 p.m. session on the same date to be held at Ruffner Middle School Cafeteria, 3601 Femcliff Avenue, N.W., in the City of Roanoke. 2. Resolution No. 34905-070300, adopted July 3, 2000, and Resolution No. 35000-080700, adopted August 7, 2000, are hereby amended to the extent they are inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to September 18, 2000. ATTEST: City Clerk. RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 September 13, 2000 Marilyn Arbogast City Horticulturalist Roanoke, Virginia Dear Ms. Arbogast: On behalf o the Members of the Roanoke City Council, I would like to commend you and your staff on the beautiful flowers and shrubbery that have been planted throughout our City. These are the types of acts that cause Roanoke to be known throughout the Commonwealth of Virginia as the "Star City". Thank you for all that you do to make our Ali-America City a better place to live and to work. With kindest regards, I am Ralph K. Smith Mayor RKS:jj pc: The Honorable Vice-Mayor and Members of Roanoke City Council Darlene L. Burcham, City Manager George C. Snead, Assistant City Manger for Community Development Wanda B. Reed, Acting, Director of Parks and Recreation Mary F. Parker, City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 14, 2000 File #66-67-240-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 5, 2000, Ms. Mary H. Tunnell, 3820 Bohon Street, N. E., called attention to the need for the paving of Bohon Street. Mr. Andrew Tunnell, 3820 Bohon Street, N. E., requested that trees be trimmed so that the Star on Mill Mountain is visible from 1-581. He also expressed concern regarding the potholes on Williamson Road and the need to lower manhole covers on Wiliiamson Road. Sincerely, Mary F. Parker, CMC City Clerk MFP:vbc pc: Mr. & Mrs. Andrew Tunnell, 3820 Bohon Street, N. E., Roanoke, Virginia Kit B. Kiser, Assistant City Manager for Operations Robert K. Bengtson, Director, Department of Public Works