HomeMy WebLinkAboutCouncil Actions 07-15-02 CARDER
35970-071502
ROANOKE CITY CO UNCIL
REGULAR SESSION
JULY 15, 20O2
2:00P. M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order--Roll Call. (Council Member Dowe arrived
late.)
The Invocation was delivered by The Reverend D. Keith Beasley, Pastor,
Good Shepherd Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, July 18, 2002, at
7:00 p.m., and Saturday, July 20, 2002, at 4:00 p.m. Council meetings are now
being offered with closed captioning for the hearing impaired.
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, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF
THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL,
GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM,
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.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV.COM, TO OBTAIN AN APPLICATION.
2
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
A RESOLUTION memorializing the late Murray A. Stoller.
Adopted Resolution No. 35970-071502. (6-0.)
File #80-367
Presentation of awards for financial reporting achievements.
e
CONSENT AGENDA
(APPROVED 6-0)
(Item C-3 was withdrawn)
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
Minutes of the regular meetings of City Council held on Monday,
May 20, 2002, and Monday, June 3, 2002.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
C-2
A communication from Mayor Ralph K. Smith requesting a Closed
Meeting to discuss vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.2-371 i(A)(1), Code
of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
3
C-3
A communication from the City Manager requesting a Closed Meeting
to discuss disposition of publicly-owned property, pursuant to Section
2.2-3711 (A)(3), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
(Withdrawn)
C-4
Qualification of the following persons:
William D. Bestpitch as a member of the Roanoke Valley
Area Metropolitan Planning Organization for a term ending
June 30, 2005;
Sherman V. Burroughs, IV, as a member of the Fair
Housing Board for a term ending March 31, 2003;
Cyril J. Goens for a term ending June 30, 2004, and
David C. Key for a term ending June 30, 2006, as members
of the City of Roanoke Pension Plan, Board of Trustees;
Frank J. Eastburn and Anna S. Wentworth as members of
the Roanoke Arts Commission for terms ending
June 30, 2005; and
Barry W. Baird as a member of the Roanoke Valley
Greenway Commission for a term ending June 30, 2005.
RECOMMENDED ACTION: Receive and file.
File #110-178-230-326-379-429
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
4
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
A communication recommending execution of a 2002-03
Community Development Block Grant Subgrant Agreement with
Total Action Against Poverty.
Adopted Resolution No. 35971-071502. (6-0.)
File #226-236
e
A communication recommending acceptance of Juvenile Justice
and Delinquency Prevention Title II Grant funds from the
Department of Criminal Justice Services for Sanctuary's
Aggression Replacement Training and Education Program; and
appropriation of $35,143.00 in connection therewith.
Adopted Budget Ordinance No. 35972-071502 and Resolution
No. 35973-071502. (6-0.)
File #60-236-305
A communication recommending execution of Amendment No.
2 to the subgrant agreement with "McCray Court Senior Living".
Adopted Resolution No. 35974-071502. (6-0.)
File #178-236
A communication recommending execution of lease renewal
agreements with Triton PCS Property, Co., L.L.C., and Virginia
PCS Alliance, a Virginia Limited Liability Co., also d/b/a/
NTELOS, for use of certain City water tank facilities.
Adopted Ordinance No.
35976-071502. (6-0.)
File #373-383-468-472
35975-071502 and
Ordinance No.
5
o
A communication recommending extension of a lease agreement
with Roanoke Valley Swimming, Inc.
Adopted Ordinance No. 35977 on first reading. (6-0.)
File #256-373
o
A communication recommending execution of a Use Agreement
with the Commonwealth of Virginia Department of Military
Affairs to permit the Virginia National Guard to use the
City-owned Armory.
Adopted Ordinance No. 35978-071502. (6-0.)
File #122-373
A communication recommending execution of a jointuse
agreement with the Roanoke City School Board.
Adopted Resolution No. 35979-071502. (6-0.)
File #32-67-467
A communication recommending appropriation of $8 million
from bond proceeds in connection with the South Jefferson
Redevelopment Area.
Adopted Budget Ordinance No. 35980-071502. (6-0.)
File #53-60-178-540
A communication recommending acceptance of a donation from
Calvin Powers for a parcel of land containing approximately
one-half acre identified as Official Tax No. 3070321, in
connection with construction of a multipurpose
stadium/amphitheater facility.
Adopted Ordinance No. 35981-071502. (6-0.)
File #68-122-192
6
10.
A communication with regard to revenue and expenses of the
Fleet Management Fund for fiscal year 2003.
Adopted Budget Ordinance No. 35982-071502. (6-0.)
File #60-361
11.
A joint communication from the City Manager and the Director
of Finance recommending execution of an Administrative
Services Agreement between the City of Roanoke and the
Roanoke Valley Detention Commission to provide for continued
accounting and payroll services by the City through
December 31, 2002, for a fee of $22,500.00; and to provide for
continuation of retirement administrative services for the
Commission.
Adopted Resolution No. 35983-071502. (6-0.)
File #184-305
12.
A communication with regard to a Regional Competitiveness
Program.
Adopted Budget Ordinance No. 35984-071502. (6-0.)
File #9-60-412
b. DIRECTOR OF FINANCE:
A report recommending adoption of ordinances to reappropriate
funds into the current year budget in order that certain
encumbrances may be properly liquidated.
Adopted Budget Ordinance Nos. 35985-071502,
35986-071502, 35987-071502, 35988-071502, 35989-071502,
35990-071502, 35991-071502, 35992-071502, and
35993-071502. (6-0.)
File #60
7
7. REPORTS OF COMMITTEES:
A report of the Roanoke City School Board requesting appropriation of
funds to various school accounts; and a report of the Director of Finance
recommending that Council concur in the request.
Adopted Budget Ordinance No. 35994-071502. (6-0.)
File #60-467
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Wyatt distributed information with regard to the
Elementary and Secondary Education Act, the President's "Leave
No Child Behind" bill, which involves financial and other
implications for localities.
File #60-137-467
Council Member Bestpitch commended the Mayor for his statement
as reported in a recent article of The Roanoke Times regarding the
lack of involvement by politicians at this point in the development
of an agreement between Roanoke City and Roanoke County for a
regional water authority. He concurred in the Mayor's remarks
that this is the time to trust the City Manager and her staff and the
County Administrator and his staff to work out the necessary details
and advised that in the near future, Council Members will have an
opportunity to be involved in the process.
File #468
8
Council Member Cutler referred to conversations with elected
officials from Roanoke County and Bedford County, who are
supportive of a regional approach to a water authority, and advised
that he looks forward to participating in the process at the
appropriate time.
File #468
Council Member Carder requested that the City Manager present
a measure for consideration by Council in support of efforts of the
Fifth Planning District Regional Alliance: Regional Economic
Strategy, with regard to a regional economic development policy.
File #450
Council Member Carder addressed issues facing Virginia localities
and Virginia's First Cities Coalition, specifically tax restructuring,
personal property and Business and Professional License taxes,
replacement revenues, and the importance of educating citizens at
the local level on State funding implications.
File #60-79-550
Council Member Wyatt referred to HB 599 revenue that the State
has given and taken away on several occasions, and advised that
simply because the Commonwealth of Virginia states that it will
replace revenue does not provide a guaranteed revenue stream.
File #5-60-137
Council Member Cutler advised that it was noted at the Newly
Elected Officials Conference sponsored by the Virginia Municipal
League in Charlottesville, Virginia, on July 10 - 12 that the States
of Mississippi and Alabama spend more per capita on education
than does the Commonwealth of Virginia.
File #60-467
9
Council Member Bestpitch inquired as to what percentage increase
in the overall State income tax would be required to make up the
difference if the General Assembly eliminates the personal property
and the Business and Professional License taxes.
File #60-79
Vice-Mayor Harris inquired about the status of litigation previously
discussed by Virginia's First Cities Coalition; whereupon, the City
Manager advised that the option is still in the process of evaluation.
Vice-Mayor Harris advised that Council should proactively involve
the City's legislative delegation so that legislators will be aware of
the amount of funds that personal property and BPOL taxes
generate for the City of Roanoke. He suggested that the matter be
addressed by the City's Legislative Committee.
File #79-137-550
Mr. Harris referred to the resignation of William E. Skeen as a
Trustee of the Roanoke City School Board, effective July 24, 2002,
and called attention to the following schedule proposed by the City
Clerk to fill the position:
July 18
August 1
August 19
September 3
File #110-467
Advertise for applications
Deadline for receipt of
applications
Public hearing
Appointment by Council to fill
the unexpired term
The Mayor advised that on July 25, at 7:30 a.m., he will present the
State of the City Address at the Wyndham Roanoke Airport Hotel,
sponsored by the Roanoke Regional Chamber of Commerce, and
encouraged those persons interested in attending to call the
Chamber of Commerce or the City Clerk's Office.
File #525
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
lO
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
12. CITY MANAGER COMMENTS:
The City Manager expressed appreciation for the support of the
Mayor and Members of Council by permitting the administrations
of Roanoke City and Roanoke County to address the regional water
authority issue, and advised that both the City Manager and the
County Administrator believe that there will be a favorable out
come for the citizens of the Roanoke Valley.
File #467
The City Manager referred to Regional Competitiveness funds
which were appropriated earlier on the agenda, and advised that
once again, the City of Roanoke and Roanoke County have
participated in a joint funding relationship that will provide for
engagement of a consultant to help improve air service for the
Roanoke Valley region.
File #9-60-412
The City Manager introduced the Director of Planning, Building
and Development, R. Brian Townsend, who officially assumed his
duties on Monday, July 15, 2002.
File #184-200
The City Manager advised of the death of Elaina Loritts, who was
a champion for neighborhoods and served on the City's Fair
Housing Board and the Roanoke Neighborhood Partnership
Steering Committee, on Sunday, July 14, 2002.
File 0367
CERTIFICATION OF CLOSED SESSION. (7-0)
THE MEETING OF COUNCIL WAS DECLARED IN RECESS AT 3:58
P.M. TO BE RECONVENED AT 5:00 P.M., IN ROOM 159.
CITY COUNCIL~ARCHITECTURAL REVIEW BOARD
JOINT MEE TING
5:00 P.M.
EMERGENCY OPERA TIONS CENTER
CONFERENCE ROOM
AGENDA
Introduction and General Comments. Robert N. Richert, Chair, Architectural
Review Board.
Zoning/historic districts in Cotton Mill/Jefferson Center area and a area north
of The Hotel Roanoke.
Regulation of work in City rights-of-way.
Application fees.
Developing Architectural Review Guidelines for new materials.
Other Business.
THE CITY COUNCIL MEETING WAS DECLARED IN RECESS AT
6:40 P.M., TO BE RECONVENED AT 7:00 P.M., IN THE CITY
COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR
MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., CITY OF
ROANOKE.
ROANOKE CITY CO UNCIL
REGULAR SESSION
JUL Y 15, 2002
7:00P. M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. (Council Member Carder was
absent.)
The Invocation was delivered by Vice-Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
Tonight's meeting will be televised by RVTV Channel 3 to be replayed on
Thursday, July 18, 2002, at 7:00 p.m., and Saturday, July 20, 2002, at 4:00 p.m.
Council meetings are now being offered with closed captioning for the hearing
impaired.
13
A. PUBLIC HEARINGS:
Continuation of a public hearing on the request of Robert Evan, L.L.C.,
that a portion of Hite Street, S. W., extending from the southerly end of
the existing cul-de-sac in a southerly direction to the northerly line of
the right-of-way of U. S. Route 220 in the City of Roanoke, be
permanently vacated, discontinued and closed. Edward A. Natt,
Attorney, Spokesperson. (The public hearing was tabled at the
June 17, 2002 meeting of Council.)
Adopted Ordinance No. 35995-071502, as amended. (6-0.)
File #514
Continuation of a public hearing with regard to the lease and renovation
of certain City-owned buildings located at 117 and 119 Norfolk Avenue,
S. W., subject to certain terms and conditions. Darlene L. Burcham,
City Manager, Spokesperson. (The public hearing was continued at the
July 1, 2002 meeting of Council.)
The public hearing was continued indefinitely.
File #32-166-207-373
o
Public hearing on the request of Structures Design/Build, L.L.C.,
representing Franklin Road, L.L.C., that a 0.717 acre portion of excess
right-of-way of Franklin Road, S. W., adjoining Official Tax No.
1300101, be permanently vacated, discontinued and closed. Steve S.
Strauss, Manager, Structures Design/Build, L.L.C., Spokesperson.
The public hearing was continued until the regular meeting of
Council on Monday, August 19, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard. The matter was referred to
the City Manager to address issues with regard to price of the right-
of-way and incorporation of acceptable language in official
documents to provide for minimizing the degree of the cut of the
land.
File #514
14
o
Public hearing on the request ofKitina A. Gimbert and Sue E. Harrison
that a certain unopened portion of Whitman Street, S. E., from the
southerly boundary of Arbutus Avenue, between parcels of land
identified as Official Tax Nos. 4151207 and 4160301, to the boundary
of property acquired for the Roanoke River Flood Reduction Project, be
permanently vacated, discontinued and closed. Darlene L. Burcham,
City Manager, Spokesperson.
Adopted Ordinance No. 35996-071502. (6-0.)
File #514
o
Public hearing on the request of the City of Roanoke that a proposed
30-foot public right-of-way, known as Mason Mill Road, N. E.,
extending from the southerly boundary of Official Tax No. 7230101 to
the northerly boundary of said parcel, be permanently vacated,
discontinued and closed. Darlene L. Burcham, City Manager,
Spokesperson.
Adopted Ordinance No. 35997-071502. (6-0.)
File #514
Ge
Public hearing on the request of the City of Roanoke to convey
City-owned property located at 1224 Rorer Avenue, S. W., and 719 Dale
Avenue, S. E., to Blue Ridge Housing Development Corporation, in
connection with establishment of a housing assistance program for City
employees. Darlene L. Burcham, City Manager, Spokesperson.
Adopted Ordinance No. 35998-071502. (6-0.)
File #166-178-184
B. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Ms. Teresa Minton, 1613 Kenwood Boulevard, S. E., expressed
concern with regard to water issues; i.e.: previous Councils have
not addressed the water situation as a top priority; the prohibition
of using water to wash personal vehicles, resulting in the need to use
the services of local car wash establishments; she is not permitted to
pressure wash a natural wood porch at her residence to prevent
deterioration; she has spent hundreds of dollars on landscaping
which cannot be watered; the plight of senior citizens who have
planted gardens to supplement their food supply and their crops will
be lost without water, which translates into more money that they
will be required to spend on groceries, many of whom are on a fixed
income; senior citizens and disabled persons who cannot physically
carry gallons of water from non-potable water locations established
by the City for watering purposes; and confusion with regard to
information that was contained in a recent City publication
regarding water usage exceptions.
File # 468
Mr. Robert D. Gravely, 619 Hanover Avenue, N. W., expressed
concern with regard to night clubs in the downtown Roanoke area
where black males are being searched and questioned about the
style of their clothing. He inquired as to why the sign reads
"Southwest Incorporated" when Gainsboro is located in the
northwest section of the City, and the spelling of "Gainsboro" is
incorrect. He called attention to the need to work with the
Department of Housing and Urban Development to purchase homes
that are in good condition for rent or purchase by low income
persons which will also generate more revenue to the City through
real estate taxes. He stated that wages for employees of the City of
Roanoke have fallen behind, young adults do not have the jobs they
need to earn a decent living, and the City should do more to help
people as opposed to business.
File #66
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
No. 35970-071502.
A RESOLUTION memorializing the late Murray A. Stoller, a former City Council
member and Mayor of the City of Roanoke.
WHEREAS, the members of Council learned with sorrow of the passing of Mr. Stoller on
Thursday, .luly 4, 2002;
· WHEREAS, Mr. Sto'ller was bom in New York City, New York, and was a graduate of
the University of Virginia and the University of Virginia Law School; and
WHEREAS, after graduation, Mr. Stoller started a law practice in Arlington, Virginia;
WHEREAS, Mr. Stoller served in the U.S. Army during World War II, and after the war,
Mr. Stoller moved to Roanoke and established a law practice with offices in the Colonial-
American Bank building;
WHEREAS, the Democratic Party backed Mr. Stoller as a candidate for the House of
Delegates in 1947;
WHEREAS, Mr. Stoller was appointed in 1947 as the only person in the city other than
ordained ministers authorized to perform marriage ceremonies, and as a Marriage Commissioner,
he married over 8,000 couples;
WHEREAS, Mr. Stoller was elected to the Roanoke City Council in 1962, after which
Council members appointed him Mayor;
WHEREAS, during Mr. Stoller's term as mayor, he fought to close the Washington Park
dump after residents complained of its smell and proximity to homes;
WHEKEAS, Mr. Stoller was a member of American Legion Post #3 and served as editor
of the Legion Bulletin; was a member of the American Bar Association, State Bar Association,
and National Bar Association; and was a charter member of LABAC in Roanoke and had been
active serving on the boards of the City Rescue Mission and Girl Scouts; and
WHEREAS, Mr. Stoller was a long-time member of Calvary Baptist Church, where he
served as church clerk, adult Sund~y School teacher, and was Deacon Emeritus.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council ad.opts this resolution as a means of recording its deepest regret and
sorrow at the passing of Mtaiay A. Stoller, and extends to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Stoller's widow, Arlene W. Stoller, of Roanoke, Virginia.
ATTEST:
City Clerk
May 14, 2002
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
203 North LaSalle Street~ Suite 2700, Chicago, Illinois 60601-1210
312/977-9700 · Fax: 312/977-4806
The Honorable Ralph K. Smith
Mayor
City of Roanoke
Mun. Bldg/215 Church Ave, SW Rm 452
Roanoke, Virginia 24006
Dear Mayor Smith:
We are pleased to notify you that your comprehensive annual finan-
cial report for the fiscal year ended June 30, 2001 qualifies
for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of
recognition in governmental accounting and financial reporting,
and its attainment represents a significant accomplishment by a
government and its management.
The Certificate of Achievement plaque will be shipped to:
Mr. James D. Grisso
Director of Finance
under separate cover in about eight weeks. We hope that you will
arrange for a formal presentation of the Certificate and Award of
Financial Reporting Achievement, and that appropriate publicity
will be given to this notable achievement. To assist with this,
enclosed are a sample news release and the Certificate Program
"Results" for reports with fiscal years ended during 2000 repre-
senting the most recent statistics available.
We hope that your example will encourage other government offi-
cials in their efforts to achieve and maintain an appropriate
standard of excellence in financial reporting.
Sincerely,
GOVERNMENT FINAN OFFICERS ASSOCIATION
Stephen J. Gaut~~ier
Director/Technical Services Center
SJG/ds
WASHINGTON OFFICE
1750 K Street, N.W., Suite 350, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
203 North LaSalle Street, Suite 2700, Chicago, Iliinois 60601-1210
312/97~9700 · Fax: 312/97~4806
May 14, 2002
For information contact:
NEWS RELEASE Stephen Gauthier (312) 977-9700
(Chicago)--The Certificate of Achievement for Excellence in Finan-
cial Reporting has been awarded to: City of Roanoke, VA
by the Government Finance Officers Association of the United States
and Canada (GFOA) for its comprehensive annual financial report
(CAFR) . The Certificate of Achievement is the highest form of
recognition in the area of governmental accounting and financial
reporting, and its attainment represents a significant accomplish-
ment by a government and its management.
An Award of Financial Reporting Achievement has been awarded
to the individual(s), department or agency designated by the
government as primarily responsible for preparing the award-
winning CAFR. This has been presented to:
Ann H. Shawver, Manager of Accounting Services
The CAFR has been judged by an impartial panel to meet the
high standards of the program including demonstrating a construc-
tive "spirit of full disclosure" to clearly communicate its
financial Story and motivate potential users and user groups
to read the CAFR.
The GFOA is a nonprofit professional association serving
approximately 14,000 government finance professionals with offices
in Chicago, IllinOis, and Washington, D.C.
WASHINGTON OFFICE
1750 K Street, N.W., Suite 350, Washington, DC 20006
202/429-2750 · Fax: 202/429-2755
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 20, 2002
2:00
C-1
The Council of the City of Roanoke met in regular session on Monday, May 20,
2002, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings,
Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Linda F. Wyatt, William White, Sr., W. Alvin
Hudson, Jr., William H. Carder, William D. Bestpitch, and Mayor Ralph K. Smith ..... 6.
ABSENT: Council Member C. Nelson Harris ................................................ 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Marion G. Harris,
Director, Virginia Evangelizing Fellowship.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Ralph K. Smith.
PRESENTATIONS AND ACKNOWLEDGEMENTS:
ACTS OF ACKNOWLEDGEMENT-COMMITTEES-WAR MEMORIAL: Council
Member Bestpitch advised that the Roanoke Valley War Memorial Committee has
voted to donate $5,000.00, or almost one half of its surplus, in support of the
National D-Day Memorial Foundation's fund raising campaign, with the hopes that
its donation will inspire others to keep faith with those who beached the line of Nazi
domination in Europe and pointed the way to victory over the Axis powers, as well
as with those responsible for building the Memorial to honor this event. Also, he
advised that the National D-Day Memorial Foundation is seeking contributions to
retire its substantial outstanding debt from construction of the D- Day Memorial.
Mr. Bestpitch offered the following resolution:
H:\O& R 2002\LISTS\Draft May 20-2002.wpd ]
(#35871-052002) A RESOLUTION paying tribute to the Roanoke Valley War
Memorial Committee for its donation to the National D-Day Memorial.
(For full text of Resolution, see Resolution Book No. 65, page 49.)
Mr. Bestpitch moved the adoption of Resolution No. 35871-052002. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith .............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
Sloan Hoopes, Chair, Roanoke Valley War Memorial Committee, presented a
check, in the amount of $5,000.00, to representatives of the National D-Day Memorial
Foundation.
Council Member Bestpitch advised that a Roanoke native, the late Donald
McArthur Young, was one of the victims of the September 11, 2001, attack on the
Pentagon. He stated that Mr. Young's widow, Felicia Young of Virginia Beach,
Virginia, along with other members of Mr. Young's family, will be in attendance at the
Memorial Day Ceremony to be held in Lee Plaza on Monday, May 27, 2002;
whereupon, Mr. Bestpitch offered the following resolution memorializing the late
Donald McArthur Young, a long time resident of the City of Roanoke:
(#35872-052002) A RESOLUTION memorializing the late Donald McArthur
Young, a Iongtime resident of Roanoke.
(For full text of Resolution, see Resolution Book No. 65, page 50.)
Mr. Bestpitch moved the adoption of Resolution No. 35872-052002. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................. -6.
NAYS: None ........................................................................................... -0.
(Council Member Harris was absent.)
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 2
ACTS OF ACKNOWLEDGEMENT-COMMITTEES-HOTEL ROANOKE
CONFERENCE CENTER-VIRGINIA TECH: Mr. Hudson offered the following resolution
expressing gratitude to John H. Parrott for his years of service as a Commissioner
of the Hotel Roanoke Conference Center Commission.
(#35870-052002) A RESOLUTION expressing gratitude to John H. Parrott for
his years of service to the Hotel Roanoke Conference Center Commission.
(For full text of Resolution, see Resolution Book No. 65, page 47.)
Mr. Hudson moved the adoption of Resolution No. 35870-052002. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
The Mayor advised that Mr. Parrott has served on the Hotel Roanoke
Conference Center Commission since July 1, 1996, he was elected as Chair on
November 20, 1997, and continued to serve in that capacity until April 2002 when his
term expired. On behalf of the Members of Council, he commended Mr. Parrott, who,
without any financial remuneration or incentive other than his commitment to the
Commonwealth of Virginia, took countless hours away from his construction
consulting firm to review and reform a highly complex rededication plan for the
Conference Center designed by the Commission's engineers and assisted the
Commission's attorneys in their multi-party litigation against those responsible for
the building's defects; and Mr. Parrott's counsel contributed to the Commission's
resounding success in 2001 when its construction litigation climaxed in a large
financial settlement and the Conference Center rededication project concluded
ahead of schedule and under budget.
On behalf of the Members of Council, the Mayor presented Mr. Parrott with a
ceremonial copy of the above referenced resolution, with the appreciation of Council
for his years of service.
PROCLAMATIONS -FIRE DEPARTMENT- EMERGENCY MEDICAL SERVICES:
The Mayor presented a proclamation declaring the week of May 19-25, 2002, as
Emergency Medical Services Week.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 3
ACTS OF ACKNOWLEDGEMENT-CLEAN VALLEY COUNCIL: The City Manager
introduced Ann Masters, Executive Director, Clean Valley Council, for presentation
of an award.
Ms. Masters advised that the Clean Valley Council is an environmental,
educational, not-for-profit agency serving all five of the Roanoke Valley
municipalities with conservation, preservation, appropriate waste reduction
practices, lifter prevention and recycling management, and is about to embark on
its 25th year of service to the Roanoke Valley. She further advised that the Clean
Valley Council receives nominations each year for Clean Valley awards and six
awards are given annually for stellar performance for the previous year, covering
stewardship and teaching by example. She stated that individual businesses and
non profits in local governments are eligible to receive the awards which are
unwritten by businesses, individuals and non-profit organizations; whereupon, she
presented the highest award for excellence, sponsored by The Kroger Company, to
the City of Roanoke Solid Waste Management Department, under the direction of
Frank Decker, Operations Superintendent, Solid Waste Collection. She advised that
the award is based on the City's program to keep neighborhoods looking cleaner,
to make solid waste collection and recycling more efficient and customer friendly,
with the goal of improving neighborhood appearance and simplifying residential
waste collection by involving citizen participation in a recycling program. She
explained that the City of Roanoke also designed a new no call route-based brush
and bulk collection system in which items remain on the curb for a shorter period
of time, and 10,000 households are now receiving co-mingled recycling collection.
She stated that clean up and neighborhood initiative create positive action, change,
a power of place and community pride; therefore, for the year 2001, she presented
the City of Roanoke Refuse Collection Department with The Kroger Company bench
in recognition of the City's achievements for excellence in mission, implementation
and spirit.
CONSENTAGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 4
COMMITTEES- FIFTH PLANNING DISTRICT COMMISSION: A communication
from Evelyn S. Lander submitting her resignation as a member of the Roanoke
Valley-Alleghany Regional Commission, effective immediately, was before Council.
Mr. Carder moved that the communication be received and filed. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES-HOTEL
ROANOKE CONFERENCE CENTER-VIRGINIA TECH: A report of qualification of
Darlene L. Burcham as a Commissioner of the Hotel Roanoke Conference Center
Commission, for a term ending April 12, 2006; and James C. Hale for a term ending
March 31,2003, Mark S. Lawrence and David Nixon for terms ending March 31,2004,
and Brian M. Shepard for a term ending March 31, 2005, as members of the Parks
and Recreation Advisory Board, was before Council.
Mr. Carder moved that the report of qualification be received and filed. The
motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith .............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 5
ITEMS RECOMMENDED FOR ACTION:
WATER RESOURCES-EQUIPMENT: The City Manager submitted a
communication advising that Mid Eastern Builders, Inc., was awarded a contract in
the amount of $4,477,000.00 at the October 1,2001, meeting of Council for building
construction and equipment installation at the Crystal Spring Water Treatment
(Filtration) Plant, as defined in contract documents prepared byWiley & Wilson, Inc.;
Change Order No. 1 was administratively approved in the amount of $14,902.00, for
a total contract amount of $4,491,902.00; Change Order No. 2 provides for relocation
of the raw water pump manhole and strainer box ($111,033.00), addition of a sink
and cabinets in the control room ($11,136.00), and credits for reduced quantities of
driven piles (-$13,953.00); total cost value of Change Order No. 2 is $108,216.00, with
a contract time extension of two days; and the construction administration
consultant, Construction Dynamics Group, Inc., recommends approval of Change
Order No. 2.
Summary of Chanties:
Contract Amount
Change Order No. 1
Proposed Change Order No. 2
Total
$4,477,000.00
14,902.00
108,216.00
$4,600,118.00
The City Manager recommended that she be authorized to execute Change
Order No. 2, in the amount of $108,216.00 and two additional days of contract time,
to the contract with Mid Eastern Builders, Inc.
Mr. Carder offered the following emergency ordinance:
(#35873-052002) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 2 to the City's contract with Mid Eastern Builders, Inc., for the
relocation of the raw water pump manhole and strainer box, modifications to three
restrooms for ADA compliance, and credits for reduced quantities of driver piles in
connection with the Crystal Spring Water Treatment (Filtration) Plant Project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 52.)
Mr. Carder moved the adoption of Ordinance No. 35873-052002. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd (~
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a
communication advising that the need to evaluate contracting for operation of the
Fleet Parts Warehouse was identified by the City's Fleet Management Division;
proposals were requested and after due and proper advertisement, one response
was received from NAPA Auto Parts; a cost analysis of the NAPA Auto Parts
proposal indicated that contracting operation on the Fleet Warehouse would not
result in any cost savings, but would result in an incremental cost of approximately
$32,300.00; contracting for operation of the Fleet Management function is being
considered, and management of the Parts Warehouse would be a part of the scope
of services to ensure control; and it is the intent of the City Administration to not
foreclose any opportunities with respect to contracting for operation of the Fleet
Management function.
The City Manager recommended that Council reject the proposal of NAPA
Auto Parts for turnkey parts operation in the Fleet Management Division.
Mr. Carder offered the following resolution:
(#35874-052002) A RESOLUTION rejecting the proposal for Turnkey Parts
Operation for the City's Fleet Division.
(For full text of Resolution, see Resolution Book No. 65, page 53.)
Mr. Carder moved the adoption of Resolution No. 35874-052002. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
CITIZEN SURVEY-PROCUREMENT CODE: The City Manager submitted a
communication advising that as part of its commitment to service excellence for all
citizens, in the year 2000 the City of Roanoke began contracting with an outside
vendor to conduct an annual citizen survey; the City wishes to continue the survey
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 7
process and desires the opportunity to enter into a contractual agreement with a
qualified firm or independent professional specializing in telephone survey services;
the successful offeror shall provide assistance to the City by conducting surveys to
receive public input in order to improve City services and to help guide the use of
City resources; and it is the City's intent to award a one-year contract, with the
option to renew under the same terms and conditions for two additional years,
subject to funding availability.
It was further advised that although the sealed bid method of procurement
would normally be used, it is not practicable or fiscally advantageous to the public
in procuring the above service; the experience, qualifications, and references of
individuals or firms that can provide the above referenced services are of equal, if
not greater, importance than the cost; therefore, the process of competitive
negotiation using the request for proposal has been identified as the best method
for procurement of the services; the City Code provides, as an alternate method of
procurement to using the bid process, a process identified as "competitive
negotiation", which requires prior approval by Council before the alternate method
may be used; and this method will allow for negotiations with two or more providers
to determine the best qualified at the most competitive price or rate.
The City Manager recommended that Council authorize the use of competitive
negotiation as the method to secure vendors to provide appropriate services as
above described.
Mr. Carder offered the following resolution:
(#35875-052002) A RESOLUTION designating the procurement method known
as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of telephone survey
services to conduct an annual citizen survey; and documenting the basis for this
determination.
(For full text of Resolution, see Resolution Book No. 65, page 53.)
Mr. Carder moved the adoption of Resolution No. 35875-052002. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith .............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 8
TRAFFIC-STREETS AND ALLEYS-OUTDOOR DINING: The City Manager
submitted a communication advising that Council at its meeting on April 1, 2002,
adopted an ordinance to amend the conditions for outdoor dining on public property
and within the public right-of-way; and regulations for the outdoor dining program
make available the use of certain streets between 6:30 p.m. and 3:00 a.m. on Market
Street, S. E. from Salem Avenue, S. E. to Church Avenue, S. E. (including the Market
Square area south of Campbell Avenue, S. E.) as well as Wall Street, S. E. from
Salem Avenue, S. E. to Campbell Avenue, S. E.
It was further advised that closure of the streets to vehicular and pedestrian
passage during certain hours of the day on a frequent basis for an extended period
of time requires authorization of Council; and in anticipation that some
restauranteurs will soon apply for outdoor dining permits to include street areas, it
would help to expedite the approval process if Council approved an ordinance
closing to vehicular and pedestrian use the above identified streets during specified
hours and under certain circumstances.
The City Manager recommended that Council adopt an ordinance declaring
that Market Street, S. E., from Salem Avenue, S. E. to Church Avenue, S. E. (including
the Market Square area south of Campbell Avenue, S. E.), as well as Wall Street, S. E.
from Salem Avenue, S. E. to Campbell Avenue, S. E. will be closed to the public as
a right-of-way for vehicular and pedestrian traffic from 6:30 p.m. to 3:00 a.m., if the
street, or any portion thereof, is subject to an outdoor dining permit issued by the
City Manager, pursuant to Section 30-9.1, Code of the City of Roanoke, (1979) as
amended.
Mr. Carder offered the following ordinance:
(#35876-052002) AN ORDINANCE authorizing the temporary closure, as
needed, by barricade of certain public rights-of-ways for outdoor dining in the City
of Roanoke, Virginia, as is more particularly described hereinafter; and dispensing
with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 55.)
Mr. Carder moved the adoption of Ordinance No. 35876-052002. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith .............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 9
CITY PROPERTY-WATER RESOURCES: The City Manager submitted a
communication advising that in January, 2001, the City finalized the drilling and
testing of a well on the Muse Spring property, Official Tax No. 4360601, located at
the intersection of Mount Pleasant Boulevard and Riverland Road, S .E., which well
was a result of the groundwater development project initiated during the 1999
drought; final phases of using the well as a water supply were put on hold pending
completion of the Crystal Spring Treatment Plant and evaluation of the impact of 1-73
construction passing near the well site; on February 4, 2002, Council declared that
a water supply emergency existed and the use of this water supply was revisited;
and the Virginia Department of Health (Health Department) has given its approval to
place the Muse Spring well into service through use of temporary equipment,
pending certification of final construction plans.
It was further advised that the Health Department requires that the City
dedicate the portion of the parcel that the well site occupies; to establish the area
for water supply use only; an area 200' by 200' feet, centered on the well, needs to
be dedicated for this purpose; the Health Department has agreed to permit
construction of the facilities required to operate the well site, however, the Health
Department will not give final approval to use the water until the site is surveyed and
platted; and the Water Division has initiated the process as of April 26, 2002, for
possible completion in approximately three weeks.
The City Manager recommended that Council approve dedication of the
portion of real estate of the Muse Spring property that will be used as a well site for
a water supply system for the City, and authorize the City Manager to execute a well
dedication document and to take such further actions and to execute such additional
documents as may be necessary to obtain approval by the Health Department.
Mr. Carder offered the following emergency ordinance:
(#35877-052002) AN ORDINANCE authorizing the City Manager to execute a
Well Dedication Agreement and any related and necessary documents providing for
the dedication of a portion of certain City owned property located at the intersection
of Mount Pleasant Boulevard and Riverland Road, S. E., containing an area
approximately 200 by 200 feet and being a portion of Official Tax Map No. 4360601,
upon certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 56.)
Mr. Carder moved the adoption of Ordinance No. 35877-052002. The motion
was seconded by Mr. Hudson and adopted by the following vote:
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ]0
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith .............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
BUDGET-GRANTS-TREES: The City Manager submitted a communication
advising that in March, 2002, Urban Forestry staff at the Department of Parks and
Recreation applied for a $15,000.00 grant from the Urban and Community Forestry
program at the Virginia Department of Forestry to be used for the purpose of
preparing an Urban Forestry Plan; and on April 17, 2002, the City received a letter
from the Virginia Department of Forestry stating that the $15,000.00 grant will be
awarded as soon as paperwork to activate the grant is provided by the City.
It was further advised that the project is needed in order to devise a
systematic method of managing the City's urban forest to the maximum benefit of
the community and the environment and to allow citizens to participate in the
planning process; the City's Urban Forester has presented information to Council
indicating a decrease in tree canopy cover from 40 per cent in 1973 to 35 per cent
in 1997; and with the current tree planting budget (for trees maintained by the City
on streets and in parks), there is a net loss of approximately 50 trees each year.
It was explained that the Urban and Community Forestry Grant is a Federal
grant, sponsored by the U. S. Forest Service and administered by the Virginia
Department of Forestry; funds are awarded on a reimbursement basis after
verification of the 50 per cent local match; the required $15,000.00 in City matching
funds will include $7,432.00 in FY 2002 temporary wages for an Urban Forestry
Planner, $4,400.00 in staff time provided by the Urban Forester and $800.00 in staff
time from cooperating departments, such as Public Works and Planning and Code
Enforcement; and time spent by Task Force members on the project will count as
the remainder of the match at the grantor's approved rate of $15.39 per volunteer
hour.
It was noted that major elements of the Urban Forestry Plan will include an
assessment of trees along streets and in parks, a review of tree management
practices, prioritization of criteria for tree planting projects, urban forestry goals,
recommendations (including education and incentives for better management of
trees on private property), and an implementation strategy; and coordination is
underway with other City departments (such as Engineering, Planning, and Public
Works) in regard to several plan elements.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ] 1
The City Manager recommended that Council accept the Urban and
Community Forestry Grant, in the amount of $15,000.00, and authorize the City
Manager to execute an agreement with the Virginia Department of Forestry and any
other forms necessary to accept such grant, to be approved as to form by the City
Attorney; appropriate $15,000.00 in Federal funding to accounts to be established
in the Grant Fund by the Director of Finance and establish corresponding revenue
estimates in the Grant Fund.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35878-052002) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 58.)
Mr. Bestpitch moved the adoption of Ordinance No. 35878-052002. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch, and
MayorSmith .................................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
Mr. Bestpitch offered the following resolution:
(#35879-052002) A RESOLUTION accepting the Urban and Community Forestry
Grant from the Virginia Department of Forestry, and authorizing the execution of the
necessary documents.
(For full text of Resolution, see Resolution Book No. 65, page 59.)
Mr. Bestpitch moved the adoption of Resolution No. 35879-052002. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch, and
Mayor Smith .................................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ]2.
CITY CODE-CITY EMPLOYEES-PENSIONS: The City Manager and the Director
of Finance submitted a joint communication advising that Internal Revenue Service
Regulations (IRS) require that all qualified Pension Plans be amended to include
revisions made to the Internal Revenue Code (IRC) over the past several years;
amended Plans must be submitted for an updated IRS Determination Letter by
June 30, 2002; and the IRS Determination Letter provides a statement that the Plan
has been reviewed by the IRS and determined to be in compliance with all applicable
IRC provisions governing qualified retirement plans.
It was further advised that the Plan has evolved over the years to provide for
administration of three retirement systems: the original police and fire system, the
Employees' Retirement System (ERS), and the Employees' Supplemental Retirement
System (ESRS), which amended and restated the ERS in 1984; numerous
amendments and additions have been made to Chapter 22.1 of the City Code to
incorporate various Plan revisions through the years; and the required IRS
amendment has provided an opportunity to restate the Plan to improve its
organization, as well as to increase both ease of understanding and administration.
It was noted that as outlined at the City Council briefing on May 6, 2002,
restated Chapter 22.2 addresses issues relative to the Plan's evolution into a
multiple employer plan encompassing three retirement systems; it provides
significant administrative clarification and flexibility, is in compliance with all
required IRS regulations, and includes no changes in benefits as existed prior to the
Plan's amendment and restatement; and the required IRS Determination Letterfiling
deadline is June 30, 2002.
The City Manager and the Director of Finance recommended that Council
adopt an ordinance repealing Chapter 22.1, Pensions and Retirement, and enacting
new Chapter 22.2, Pensions and Retirement, such new chapter recodifying the City's
pension systems.
Mr. Hudson offered the following ordinance:
(#35880-052002) AN ORDINANCE amending the Code of the City of Roanoke
(1979), as amended, by repealing Chapter 22.1, Pension and Retirement, consisting
of §§22.1-1 through 22.1-82, and enacting new Chapter 22.2,. Pension and
Retirement, consisting of §§22.2-1 through §§22.2-75, such new Chapter
consolidating, reorganizing, and recodifying pension systems of the City,
specifically: Police and Fire System, the Employees' Retirement System and the
Employees' Supplemental Retirement System; providing for an effective date; and
dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 59.)
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ! 3
Mr. Hudson moved the adoption of Ordinance No. 35880-052002. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith .............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
PUBLIC WORKS-ENVIRONMENTAL POLICY: The City Manager submitted a
communication advising that the City of Roanoke has been working with the Virginia
Department of Environmental Quality (VDEQ) to appropriately remediate the area of
the Middle Lot at the Public Works Service Center, in accordance with a Consent
Order dated March 21, 2000; two areas of the property, Unit Number 1 and Unit
Number 2, are under consideration; Unit Number 2 contains approximately 0.26 acre;
and in order to complete work and obtain VDEQ closure of the site, the VDEQ has
requested that the City of Roanoke limit future uses of Unit Number 2 to industrial
uses through a Notice of Use Limitation that will be recorded in the City of Roanoke
Circuit Court Clerk's Office.
It was further advised that the restriction allows the use of Unit Number 2 for
construction and grading of a stadium/amphitheater and parking area; it also allows
other uses which must meet the following requirements: that in the opinion of an
independent Registered Professional Engineer and with the approval of the VDEQ,
such other uses shall present no greater risk of harm to health, safety, public welfare
or the environment than the stadium/amphitheater or parking area uses; additional
restrictions, which will require consultation with VDEQ, would apply if Unit Number
2 might be used for purposes other than those set forth above; however, uses that
are listed as not allowed by the restriction are construction and occupancy of
residences, playgrounds, childcare centers or public gardens.
The City Manager recommended that she be authorized to execute and record
a Notice of Use Limitation and any related and necessary documents, upon certain
terms and conditions as required by the Virginia Department of Environmental
Quality and to take such further action and to execute such other documents as may
be necessary to obtain VDEQ approval for the closure plan for said property.
Mr. Carder offered the following emergency ordinance:
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd
(#35881-052002) AN ORDINANCE authorizing the City Manager to execute a
Notice of Use Limitation and any related and necessary documents regarding a
portion of City owned property located at 1802 Courtland Road, N. E., containing
approximately 0.260 acre, and being a portion of Official Tax Map No. 3070316, upon
certain terms and conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 113.)
Mr. Carder moved the adoption of Ordinance No. 35881-052002. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
TRAFFIC-CITY CODE-FEE COMPENDIUM: The City Manager submitted a
communication advising that on May 13, 2002, Council approved an increase in the
late payment penalty for certain parking tickets from $10.00 to $15.00; the late
payment penalty is added to violations paid ten days or more after issuance of the
notice of violation, as recommended by the Department of Billings and Collections;
and late payments of decal violations and current fee for decal violations is $43.00,
with a fee of $53.00 imposed if payment is not made within ten days of issuance of
notice of violation.
It was further advised that late payment penalties should be consistent for all
late payments; after further review, it was noted that the decal violation late payment
penalty had not been increased from $10.00 to $15.00; and to make the late payment
penalties consistent, the decal violation fee would be $58.00 rather than $53.00 if
payment is not made within ten days.
The City Manager recommend that Council adopt an ordinance amending the
City Code to reflect changes in the late payment penalty as above referenced.
Mr. Carder offered the following emergency ordinance:
(#35882-052002) AN ORDINANCE amending and reordaining subsection (e) of
§20-33.1, Same-Requirements; obtaining license plate, ta~l or decal a condition
precedent to discharqe of violation, of the Code of the City of Roanoke (1979), as
amended, the amended section to provide for the increase of certain penalties for
decal violations within the City of Roanoke; and providing for an emergency and for
an effective date.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ]. 5
(For full text of Ordinance, see Ordinance Book No. 65, page 114.)
Mr. Carder moved the adoption of Ordinance No. 35882-052002. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................. 6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent).
REPORTS OF COMMITTEES:
BUDGET- SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of the following:
$752,295.00 from the Capital Maintenance and Equipment
Replacement Fund. The monies will be used for replacement of
obsolete instructional technology equipment, Magnet School
technology equipment, replacement of school buses,
replacement of facility maintenance equipment, replacement of
School Plants vehicles, construction of the Blue Ridge Technical
Academy Bio-Medical laboratory, and replacement of food
services equipment at various schools.
$199,191.00 for the Fleming-Ruffner Community Learning Center,
which is a continuing program that will be one hundred per cent
reimbursed by Federal funds.
$5,400.00 for the Statewide Compulsory Attendance Law Workshop
which is a new grant to be funded with Federal funds.
$6,395,000.00 for improvements to Roanoke Academy for
Mathematics and Science; and improvements are funded with 1999
Bond funds, a Literary Fund loan, and City capital funds.
$1,276,260.00 for improvements to Roanoke Academy for
Mathematics and Science; funding is being provided by Qualified
Zone Academy Bond (QZAB) funds and will be used to purchase
furniture and equipment for the facility.
$163,671.00 for the Title I Summer program to provide remedial
reading, language arts and mathematics instruction for students in
targeted schools, to be one hundred per cent reimbursed by Federal
funds.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 16
$7,700.00 for the Roanoke Adolescent Health Partnership to provide
for medical services to the Schools in conjunction with the City of
Roanoke Health Department and Carilion Health Systems, to be
reimbursed by donations from Carilion Health Services and various
grants.
$90,000.00 for the Juvenile Detention Home program to provide
funds for the salary and expenses of six educational coordinators
and the principal position, which will be one hundred per cent
reimbursed by State funds.
$35,671.00 for the Adult Basic Education program to provide funds
for the education of adults who have not completed high school,
which will be reimbursed by Federal funds; and matching funds of
$22,700.00 have been provided.
$4,000.00 for the Regional Education Specialist program to provide
ancillary and support services for the Adult Literacy and Basic
Education program in the planning district, to be funded with
member fees.
$40,639.00 for the Regional Adult Literacy program to provide funds
for administration of adult literacy programs, which will be funded
with Federal funds.
$16,647.00 for the Regional Adult Basic Education program to
provide funds for administration of adult literacy programs, which
will be funded with Federal funds.
A report of the Director of Finance recommending that Council concur in the
request, was before the body.
Mr. Hudson offered the following emergency budget ordinance:
(#35883-052002) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General, School, and School Food Services Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 116.)
Mr. Hudson moved the adoption of Ordinance No. 35883-052002. The motion
was seconded by Mr. Carder and adopted by the following vote:
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ]7
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................. -6.
NAYS: None ......................................................................................... 0.
(Council Member Harris was absent.)
UNFINISHED BUSINESS:
COMPREHENSIVE PLAN- COMMUNITY PLANNING- DOWNTOWN ROANOKE,
INCORPORATED: A communication from the City Manager advising that amendment
to the Comprehensive Plan to include the Outlook Roanoke Plan, was tabled by
Council at its meeting on February 12, 2002; whereupon, she requested that the
matter be removed from the table.
Mr. Carder moved that the matter be removed from the table. The motion was
seconded by Mr. Bestpitch and adopted.
A communication from Downtown Roanoke, Inc., in support of adoption of the
Outlook Roanoke Update, dated September 2001, was before Council.
Mr. Carder offered the following resolution:
(#35884-052002) A RESOLUTION amending Vision 2001-2020, the City's
adopted comprehensive plan, to include Outlook Roanoke Update as an element of
the comprehensive plan.
(For full text of Resolution, see Resolution Book No. 65, page 121.)
Mr. Carder moved the adoption of Resolution No. 35884-052002. The motion
was seconded by Mr. Hudson.
Ms. Wyatt requested that the record reflect that she is not in favor of making
the First Street Bridge a vehicular bridge, instead the First Street Bridge should
remain a pedestrian bridge; however, in the spirit of cooperation, she will vote in
support of the Outlook Roanoke Plan as a part of the City's Comprehensive Plan.
Mr. White concurred in the remarks of Ms. Wyatt.
Resolution No. 35884-052002 was adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ] 8
(Council Member Harris was absent.)
ZONING: Ordinance No. 35818, on second reading, amending, repealing or
replacing proffered conditions authorized by Ordinance No. 32294-121994 presently
binding upon Official Tax No. 2761409, rezoning Official Tax No. 2761409 from RS-3,
Residential Single Family, Low Density District, and C-2, General Commercial
District, to C-2, General Commercial District, subject to certain conditions proffered
by the applicant; and rezoning Official Tax No. 2761421 from RS-3, Residential
Single- Family, Low Density District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner, having been tabled at the May 6, 2002,
meeting of Council, the matter was before the body.
Mr. Carder moved that the item be removed from the table. The motion was
seconded by Mr. Bestpitch and adopted.
Mr. Carder offered the following ordinance for its second reading and final
adoption:
(#35818) AN ORDINANCE to amend {}36.1-3, Code of the City Roanoke (1979),
as amended, and Sheet No. 276, Sectional 1976 Zone Map, City of Roanoke, in order
to amend, repeal or replace certain proffered conditions, accepted by City Council
by Ordinance No. 32294-121994, presently binding upon Official Tax No. 2761409,
and rezoning such Official Tax No. 2761409, from RS-3, Residential Single Family,
Low Density District, and C-2, General Commercial District, to C-2, General
Commercial District, subject to certain conditions proffered by the applicant; and
rezoning Official Tax No. 2761421 from RS-3, Residential Single Family, Low Density
District, to C-2 General Commercial District, subject to certain conditions proffered
by the applicant.
Mr. Carder moved the adoption of Ordinance No. 35818. The motion was
seconded by Mr. Hudson.
Vice-Mayor Carder advised that he recently met with Mr. Wells and reviewed
the original application for rezoning, at which time it was discovered that there is a
mistake in the Official Tax Number which does not match with the original
application; therefore, the ordinance before Council is incorrect.
Mr. Carder offered a substitute motion that the matter be referred back to the
City Planning Commission for clarification and further report to Council. The motion
was seconded by Mr. Hudson.
In explanation, the City Attorney advised that there are three different
descriptions of the property to be rezoned and expressed concern that the City
Planning Commission and City Planners may not have referenced the same property
in the recommendation to Council that the applicant intended to rezone. He stated
that a correct description of the property is necessary for inclusion in the ordinance
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd
to provide for a clear and concise understanding of the property to be rezoned. He
joined in the request that the matter be remanded back to the City Planning
Commission to enable the applicant and the City Planning Department to arrive at
a correct definition of the property to be rezoned.
Mr. Bestpitch advised that it is regrettable that there has been an error in the
property description; however, Council is familiar with Mr. Wells request, the
location of the property, and Mr. Wells future plans; therefore, he did not understand
the point in referring the matter back to the City Planning Commission if there are
not sufficient votes from the Council to support the request. He stated that further
incursion of Mr. Wells current facility is too much for the neighborhood, and
regardless of whether the tax numbers are clarified, he would not vote to support the
request. He advised that he was not in favor of asking the City Planning
Commission to expend extra time and effort on a request that he does not intend to
support, and would hope that Council will vote against referring the matter back to
the Planning Commission.
The substitute motion to refer the matter back to the City Planning
Commission lost by the following vote:
AYES: Council Members Carder, Hudson and Mayor Smith ........................... 3.
NAYS: Council Members Wyatt, White and Bestpitch ................................... 3.
(Council Member Harris was absent.)
The City Attorney offered a suggestion that the matter be tabled indefinitely
by Council which would allow the applicant to refile the application with a corrected
description. He explained that the matter would again be considered by the City
Planning Commission since the propertywas not properly advertised with a correct
legal description.
Ms. Wyatt questioned the chain of events that brought the process to this
point only to discover that there were errors in the legal description of the property.
She advised that to table the matter at this time and to place the community in a
quandary is not the proper thing to do, and she does not intend to vote for further
encroachment into the neighborhood. She spoke against referring the matter back
to the City Planning Commission because it is a disrespect to residents of the area
when they must repeatedly take time out of their schedule to attend meetings of the
City Planning Commission and City Council in order to protect their neighborhood.
The question was raised as to the consequence if the ordinance, as drafted,
is defeated; whereupon, the City Attorney advised that the ordinance is based upon
the application filed by the petitioner, therefore, whatever the petitioner applied for
would be denied. He explained that any rezoning that has been denied by Council
cannot be reconsidered for one year, unless the position is taken that the
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ~0
description of the property has changed, in which case the applicant could refile.
He reiterated that the description as contained in the ordinance before Council is
inaccurate.
The Mayor spoke in support of clarifying the property description without
having to go back to the City Planning Commission, and that Council Members cast
their votes accordingly so as to eliminate any inconvenience to Mr. Wells and to
residents of the area.
There was further discussion as to how Council could legally vote on a
measure that is technically incorrect; whereupon, the City Attorney recommended
that Council either table the matter, or refer the request back to the City Planning
Commission to revise the legal description of the property.
Mr. Hudson offered a substitute motion that the matter be tabled. The motion
was seconded by Mr. Carder and adopted, Council Members White and Wyatt voting
no.
Following further discussion, Ms. Wyatt moved that the matter be removed
from the table. The motion was seconded by Mr. Carder and adopted.
Ms. Wyatt moved that the matter be referred back to the City Planning
Commission for proper description of the property and report to Council. The
motion was seconded by Mr. Carder and adopted.
Ms. Wyatt requested that property owners in the area receive timely
notification of City Planning Commission/City Council meetings regarding the
matter.
INTRODUCTION
RESOLUTIONS: None.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
JAMISON/BULLITT PROJECT-HOUSING AUTHORITY: Vice-Mayor Carder
called attention to a meeting that was held on Thursday, May 16, 2002 at Belmont
Christian Church in which City staff previewed the Bullitt/Jamison Pilot Project,
which was attended by approximately 100 residents from the southeast section of
the City. He stated that the scope of the Bullitt/Jamison Pilot project is exciting,
representatives from numerous City departments were in attendance, and the
southeast neighborhood is excited about serving as the pilot project. He expressed
appreciation to the City Manager for involving citizens in the process.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 21
TAXES-LEGISLATION: Vice- Mayor Carder referred to the issue of land value
taxation, the premise of which is that the value of real property lies in the land and
not in improvements to the land, and in view of the fact that the State basically cut
most of the funds for revitalizing urban areas, site value taxation is worth looking
into by the City of Roanoke. He explained that the concept is that the value of the
land is the most important thing, therefore, persons with vacant lots are incented
to develop empty lots, and the concept also incents inflll building and construction
versus speculation that land values will increase in the future. He asked that the
matter be referred to a committee to be composed of Council representatives, the
Director of Real Estate Valuation, persons from the business community, and the
Director of Finance to review the impact of land value taxation.
GENERAL SERVICES LEGISLATION-PROCUREMENT CODE: Vice-Mayor
Carder called attention to meetings with business owners who expressed concern
regarding the process in which the City awards contracts for services and products;
and one specific business indicated that it lost a $500,000.00 contract by two cents
to a company in the State of Michigan to supply the City with waste water chemicals.
He pointed out that when looking at economic development dollars, $500,000.00
represents $2.5 million out of the City's local economy, as well as the loss of
revenue to a local company. He requested that the matter be referred to the
Legislative Committee, and that the City Manager appoint a committee to review
enabling legislation that would allow the City to place some type of priority on local
businesses in the City's bidding or request for proposals process.
Council Members Wyatt and White spoke in support of the concept; however,
before appointing a committee, they suggested that the matter be referred to the City
Attorney to address the legality.
WATER RESOURCES-STATE HIGHWAYS: Council Member Bestpitch
commended the City Manager for adding information to the City's web-site
regarding the rain barrel option for collecting rain water as it drains from the roof of
residential housing units. He stated that there are four companies, one of which is
located in the local area, that will design a system for collecting rain water.
Council Member Bestpitch advised that he attended a briefing on Wednesday,
May 15, 2002, at the Salem District Office of the Virginia Department of
Transportation (VDOT) with regard to changes in the Six Year Program by VDOT; and
the new Commissioner of Highways participated in the meeting via video
conference from Richmond to the nine district offices throughout the state. He
stated that Six Year Program goals have been reviewed to ensure that VDOT uses
more realistic revenue projections, i.e.: that the actual amount of money that can
realistically be expected to be received over the next six years be projected, that
more realistic cost estimates be used and that projects be paid off in the year of
completion, (allocations should match the schedule for projects, and removal of
those projects that have no foreseeable source of funding within the next six years).
He explained that the amount of funding for the Six Year Plan has been reduced by
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 22
approximately one-third, or $2.9 billion less in this years' Six Year Plan than in last
years' plan, which removes 179 projects throughout the State from the Six Year
Program. He noted that this does not mean that the 179 projects will not continue
to be considered and perhaps added back into future Six Year Programs, but the
projects are not currently in the Six Year Program. He stated that about one-third of
the $2.9 billion represents revised cost estimates in the amount of $950 million
(projects that are currently under construction in which VDOT believes that the cost
estimates are $950 million less than the actual cost of the projects). He noted that
of particular significance to the City of Roanoke is the removal of the bridge from
13th Street, S. E., to Hollins Road, N. E., which project has been in the VDOT plan for
longer than six years, but has not been built and is a good example of what the new
Commissioner is attempting to move toward. In total, from the Roanoke Metropolitan
Area, he advised that $529 million in projects have been removed, or moved back
from the construction to the development phase. He stated that the question was
asked as to whether the Six Year Program now includes any support for the
TransDominion Express Rail Passenger service, to which VDOT responded that it
is committed to passenger service by rail, but there are no funds included in the Six
Year Program.
CITY COUNCIL: Council Member Hudson inquired about the status of
photographs of former Mayors which were previously on display in the City Council
Chamber, and asked that the photographs be appropriately displayed.
CITY MANAGER COMMENTS:
CITY MANAGER-SPECIAL EVENTS: The City Manager commended the Local
Colors Festival, which was held on Sunday, May 19, 2002, that celebrated the
diversity of cultures represented in the Roanoke Valley.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is also a time for
informal dialogue between Council Members and citizens; and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
There were no requests by citizens to speak.
At 3:50 p.m., the Mayor declared the Council meeting in recess to be
reconvened at 7:00 p.m. in the City Council Chamber.
At 7:00 p.m., on Monday, May 20, 2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ~.3
PRESENT: Council Members Linda F. Wyatt, William White, Sr., W. Alvin
Hudson, Jr., William H. Carder, William D. Bestpitch and Mayor Ralph K. Smith ....... 6.
ABSENT: Council Member C. Nelson Harris .............................................. 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The reconvened meeting was opened with a prayer by Council Member
William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PUBLIC HEARINGS:
PARKS AND RECREATION-LEASES- GOLF PROGRAM: Pursuant to notice of
advertisement for bids for lease of East Gate Park for construction, maintenance
and operation of a golf facility for use by the general public, the matter was before
Council.
The Mayor advised that bids were to be received in the City Clerk's Office until
12:00 noon on Monday, May 20, 2002, and to be held by the City Clerk, unopened,
until the 7:00 p.m. session of the Council, at which time the bids would be opened
and read before the Council. He inquired if there was any person in attendance who
had a question or objection to the opening of the bids. Hearing none, the Mayor
instructed the City Clerk to proceed with the opening and reading of the bids.
The City Clerk reported that one bid had been received prior to the deadline
from The Scott Robertson Memorial Fund.
In connection with the opening of bids, the Mayor advised that a public
hearing was advertised in The Roanoke Times on May 5, 2002 and May 12, 2002, with
regard to the lease of certain property in East Gate Park for construction,
maintenance and operation of a golf facility for use by the general public, subject to
certain terms and conditions, for Monday, May 20, 2002, at 7:00 p.m., on as soon
thereafter as the matter may be heard, the matter was before the body.
The City Planning Commission submitted a written report finding that the
proposal for a golf facility, including the First Tee Junior Golf Program, is
substantially in accord with the City's Comprehensive Plan.
A report of the City Manager advising that East Gate Park, located on North
Avenue, N. E., between 13th Street and Tinker Creek is composed of approximately
59 acres; park amenities include a playground, shelter with restroom and one-half
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 24
basketball court; and the Parks and Recreation Master Plan does not identify any
additional public investment in the park because of the challenges of locating
recreational facilities on a landfill, since athletic fields cannot be installed due to
lighting requirements which would require disturbing the landfill, was before
Council.
It was further advised that The Scott Robertson Memorial Fund is a charitable
organization that has conducted annual golf tournaments, summer golf camps and
scholarships to area youth and is ready to embark on a project that will introduce
golf and mentoring opportunities to youth, while creating a public golf facility; in
order to accomplish its goal, the Memorial Fund is working with the First Tee
Program which is a 501 (c) (3) corporation that helps create affordable and
accessible golf facilities through its local chapters, and has requested a 15 year
lease of an approximately 29 acre portion of East Gate Park to implement a First Tee
Golf Program; the partnership will provide recreational opportunities, which are not
currently offered, to a wide spectrum of Roanoke's citizens of all ages; and the main
objective of the First Tee Program is to provide youth with a learning opportunity.
The City Manager explained that East Gate Park is ideally suited for this
endeavor; existing park amenities and 30 acres of the Park will remain after leasing
and will continue to serve neighbors and visitors as a neighborhood park for
recreational opportunities outside of golf; this effort will be the City's first in the
redevelopment of a known landfill; because of this relatively unfamiliar process,
great care will be taken to see that the development, architectural, and engineering
plans and construction are completed with heightened awareness of environmental
impacts; as a local chapter responsibility, The Scott Robertson Memorial Fund is
actively considering professional services firms, many of which have extensive
experience in designing and constructing golf facilities on existing landfill sites; and
the Memorial Fund has agreed to assist the City in securing environmental
consultation and legal services if the need should arise.
The City Manager advised that this opportunity is a model for how
public/private partnership is expected to work; because of this partnership, the
Parks and Recreation Department will be the recipient of a state of the art golfing
facility with clubhouse, driving range, teaching areas and several golfing holes, in
addition to a capital investment in excess of $400,000.00 and maintenance provided
byThe Scott Robertson Memorial Fund; The Scott Robertson Memorial Fund realizes
the goal of being able to provide instruction, and introduce the game of golf to all
youth in the community at little or no cost to each participant; and this project also
utilizes a park site with limited development opportunities and transforms a brown-
field into a renewable community resource.
Mr. Hudson offered the following resolution:
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 25
(#35885-052002) A RESOLUTION finding that the proposed use of a portion of
East Gate Park by a private entity for a golf facility, subject to certain terms' and
conditions which encourage young people to learn how to play golf, is substantially
in accord with Vision 2001-2020, the City's adopted Comprehensive Plan.
(For full text of resolution, see Resolution Book No. 65, page122.)
Mr. Hudson moved the adoption of Resolution No. 35885-052002. The motion
was seconded by Mr. White.
The Mayor inquired if there were persons in attendance who would like to
address the matter. There being none, Resolution No. 35885-052002 was adopted
by the following vote:
AYES: Council Members Wyatt, White, Hudson, Bestpitch and Mayor Smith---5.
NAYS: None .......................................................................................... 0.
(Council Member Harris was absent.)(Vice-Mayor Carder abstained from voting
inasmuch as he serves as a member of The Scott Robertson Memorial Fund
Committee.)
The Mayor advised that the City Manager has requested that the bid of The
Scoff Robertson Memorial Fund be referred to the City Manager for study, report and
recommendation to Council; therefore, without objection by Council, it was so
ordered.
The Mayor declared the public hearing closed.
ZONING: Pursuant to Resolution No. No. 25523 adopted by the Council of the
City of Roanoke on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, May 20, 2002, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Cape Town, L.C., and Steven W. Morris that two
tracts of land located on the southwest side of Roberts Road, S. W., identified as
Official Tax Nos. 1290212 and 1290211, be rezoned from RS-3, Residential Single
Family District, to C-1, Office District, subject to certain conditions proffered by the
petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Saturday, May 4, 2002 and Saturday, May 11, 2002.
A report of the City Planning Commission recommending that Council deny
the rezoning request and advising that issues considered by the Planning
Commission included the transitional nature of the properties, impact of adjacent
commercial development, availability of other commercially zoned properties, and
objection by neighborhood residents, was before Council.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd
Mr. Carder offered the following ordinance:
"AN ORDINANCE to amend §36.1-3 Code of the City of Roanoke (1979), as
amended and Sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City subject to certain conditions proffered by the
applicant; and dispensing with the second reading of this ordinance."
Mr. Carder moved the adoption of the ordinance. The motion was seconded
by Ms. Wyatt.
Daniel F. Layman, Jr., Attorney, representing the petitioner, addressed
Council in support of the request of his client. He stated that his client has proffered
the condition that the brick home on the larger of the two lots will remain
substantially as it appears today, even if rezoned, and the other lot is so small that
it cannot be developed by itself, therefore, the proffer essentially means that the
homes will remain in their present form until there is further petition to Council. He
added that the two lots have been so profoundly affected by their surroundings that
they are no longer viable as residential properties. He advised that across Roberts
Road is the former Moore's Franklin Road location, now owned by Carilion and
operated as a kitchen and laundry facility for the entire hospital system, which is a
24 hour per day/seven day a week operation; if one stands on the front porch of the
brick home on the larger of the two lots and looks across the Carilion property, one
would see the fronts of those buildings, the access drive from Roberts Road into the
facility, the upper portion of the parking lot, and there is continuous activity in the
area around the clock, seven days a week. He stated that the two homes in
question serve as a buffer area for the remainder of the neighborhood. He noted
that the City Planning Commission, by a 3 - 3 vote, did not recommend the rezoning
to Council and two of the three Planning Commissioners who voted against the
rezoning stated the position that Franklin Road frontage should not incur further
commercial rezoning. He referred to streets in the Beechwood Subdivision that have
already been rezoned to C-1, Office District, therefore, the request of his client does
not set a precedent, but more importantly when one looks at the size of the Carilion
facility, the vast majority of which is hundreds of feet off of Franklin Road,
commercial encroachment already exists. He stated that Mr. Charles Helms,
property owner in the area, has argued against the rezoning on the basis that
enough has already been done to the neighborhood; however, that argument
disregards the fact that what has already been done to the neighborhood affects the
two lots in question more than any other lot because they act as a buffer for Mr.
Helms' adjoining property and for other lots in the neighborhood. He presented
letters from four of the six property owners closest to the property requested to be
rezoned which either do not object to, or support the rezoning application, and
these property owners recognize that the lots in question as office uses will be
more effective buffers for the neighborhood than as residential uses, and such
properties are serving as buffers all over the City between intensive C-2 uses and
residential uses.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ')7
The Mayor inquired if there were persons present who would like to address
Council in connection with the request for rezoning.
Mr. Charles B. Helms, 2954 Roberts Road, S. W., advised that he has lived at
his residence for 44 years and owns four houses in the area. He called attention to
disruptions in the neighborhood in years past as a result of operations by Cycle
Systems, Franklin Heights Apartments which were later razed, the Carilion facility,
undersirable activity in and around the facility, a gay and lesbian bar on Franklin
Road, a used car lot, and General Imports. He advised that the two houses in
question should remain as rental property because of the lack of good rental
property close to the downtown area, and requested that Council deny the petition
for rezoning.
Ms. Maggie Snyder, 2930 Roberts Road, S. W., advised that she lives directly
across from the Carilion facility and she has been disturbed during the early
morning hours by loud noise, music, and flashing lights. She stated that traffic has
increased since Carilion opened its facility, and she plans to move from the area to
escape undesirable living conditions.
Mr. John Hall, 558 Dillard Road, S.W., property owner in the area, advised
that the petitioner has improved the two houses, and inasmuch as the Carilion
facility is already located in the area, the requested rezoning would not be
detrimental to the neighborhood. Therefore, he spoke in support of the request for
rezoning.
Vice-Mayor Carder advised that the request before Council is a classic
example of encroachment into the neighborhood; therefore, he could not support
the request for rezoning.
Mr. Bestpitch advised that as a general rule for these types of rezoning
requests, two basic questions need to be answered; i.e.: does the City need more
of this particular type of zoning in this area, and if the answer is yes, the second
question becomes, is the property a good candidate for rezoning to C-1. He
explained that there is currently a large area of C-1 zoned property next to this
neighborhood that is essentially undeveloped at this point, but more significantly,
there is a considerable amount of C-1 property in the area and in most areas of the
City that is currently vacant; therefore, it appears that if Council, as a governmental
body, continues to rezone additional property to C-I, it is artificially interfering iii the
free market system that would otherwise regulate the supply and demand for C-1
property. He stated that if the rezoning is approved, the City will be adding to the
surplus which can only further depress the rental that C-1 property owners receive
which, in turn, depresses the value of the property since appraisal of this type of
property is based primarily on the type of rental income it can generate.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd '~8
Mr. White advised that from a practical point of view, rezoning of the Carilion
property impacted the residential use of the two parcels of land in question. He
stated that Council has a responsibility to resolve the matter, and inasmuch as the
request was defeated by a 3 - 3 vote of the City Planning Commission, it would be
appropriate to refer the matter back to the Planning Commission to work with the
petitioner and the neighborhood on the highest and best use of the property.
Mr. White offered a substitute motion that the matter be referred back to the
City Planning Commission for further study, report and recommendation to Council.
The motion was seconded by Ms. Wyatt and adopted.
The Mayor declared the public hearing closed.
ZONING- ROANOKE CIVIC CENTER: Pursuant to provisions of Resolution No.
25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, the
City Clerk having advertised a public hearing for Monday May 20, 2002, at 7:00 p.m.,
or as soon thereafter as the matter may be heard, on the request of the City of
Roanoke, Calvin W. and Mary C. Powers, and Theodore J. and Judy P. Sutton, that
a tract of land lying generally west of Courtland Avenue, N. W., north of Orange
Avenue and south of Sycamore Avenue, comprised of approximately 24.5 acres,
more or less, and designated as Official Tax Nos. 3070301-3070310, inclusive,
3070313-3070316, inclusive, 2041816 and 2041817, currently zoned LM, Light
Manufacturing District; and Official Tax Nos. 3070501, 3070318 and 3070319,
currently zoned C-2, General Commercial District, be rezoned to C-3, Central
Business District, the matter was before the body.
A report of the City Planning Commission recommending approval of the
request for rezoning, was before Council. The Planning Commission advised that
development of the property for a stadium/amphitheater will encourage economic
development of the area, provide a regional entertainment attraction near
downtown, redevelop an underutilized area, and incorporate shared parking; and
development of the site will also create a better linkage between downtown Roanoke
and the Williamson Road area and support an "entertainment complex approach by
grouping with the existing Civic Center".
Mr. Carder offered the following ordinance:
(#35886-052002) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 204 and 307, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City; and dispensing with the
second reading of this ordinance.
(For full text Ordinance, see Ordinance Book No. 65, page 124.)
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 2~)
Mr. Carder moved the adoption of Ordinance No. 35886-052002. The motion
was seconded by Mr. Bestpitch.
The City Manager advised that staff was to present a briefing; whereupon,
James M. Evans, Director, Roanoke Civic Center Facilities, advised that after several
years of study and review of multiple locations, 18 different sites were considered
for the stadium/amphitheater complex and the location presently before Council at
Orange Avenue was considered to be the most appropriate site for a multi-purpose
facility for a number of reasons, i.e.: the property is centrally located, the property
joins with the Roanoke Civic Center to make a sports and entertainment complex,
the property has the ability to be more accessible than any of the other sites that
were studied, and the site provides an opportunity to provide sufficient parking for
stadium events and to share parking for large events within the two facilities. He
added that the area consists of approximately 25 acres, most of which is currently
owned by the City.
Charles M. Anderson, Architect, II advised that the stadium/amphitheater
project is bounded by Carver Avenue on the south, Courtland Avenue on the east,
the City's Public Works Service Center on the north, and 1-581 on the west, and
encompasses approximately 25 acres of land, most of which is owned by the City
of Roanoke. He stated that the project will consist of two elements, the first being
a stadium which will provide seating for approximately 8,000 persons, the
amphitheater is the second element and will be designed as a permanent facility that
will consist of concessions and restroom facilities designed for 12,000 persons,
however, the amphitheater will have the capability to seat as many as 16,000 - 18,000
persons. He reviewed a plan for on site parking which will be in the range of 700 -
1000 vehicles and as a part of the project, the City has retained an
architectural/engineering consultant to design the work for the facility, and
subconsultants will prepare food service designs, acoustics, operation of the
amphitheater portion of the facility, engineering, signage, graphics, etc. He stated
that as a part of the study, the consultant will provide the City with a traffic study,
looking at not only the impact of traffic in and around the stadium, but the study will
extend from Elm Avenue, 1-581 at the south to Hershberger Road, 1-581 to the north
as far east as the Gus Nicks/Orange Avenue intersection and to the west at 13th
Street and Orange Avenue. He explained that the traffic study includes
approximately 37 intersections and is intended to accomplish two major goals; i.e.:
to identify a true traffic management plan that will address the movement of traffic
in and around both the Civic Center and the stadium/amphitheater functions, both
at the Civic Center as well as at the stadium during a normal function that may have
5000 - 6000 persons in attendance, as it relates to the impact of additional traffic on
those intersections around the stadium and the civic center, and to also look at
those unusual events where there may be as many as 15,000 persons at a single
event. Over the short term, he advised that the City will receive a management plan
that utilizes traffic cones and uniformed police officers to direct traffic in and about
the area during a performance. He stated that the second component of the project
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 30
relates to long term infrastructure improvements and costs which is a two phase
approach, with short term information relative to the management plan anticipated
to be received in mid July and infrastructure improvements information to be
received in late August.
Mr. Bestpitch inquired if acoustics involving noise from 1-581 traffic that could
interfere with certain types of concerts, etc., will be taken into consideration;
whereupon, Mr. Anderson advised that the study involves both noise to and from the
site.
Ms. Wyatt inquired if the traffic study surrounding and impacting the area will
be completed before the design of the stadium is undertaken; whereupon, Mr.
Anderson advised that the intent is to have the short term management plan
completed by mid July; long range infrastructure improvements will be built into
future plans in terms of funding; and infrastructure improvements will not be
completed before the stadium is constructed. He explained that a traffic
management plan will be developed that reviews present infrastructure, identifies
problem areas, and by using variable messaging boards, persons coming into the
facility will be able to identify available parking areas, and uniformed police officers
will be used to direct traffic, both in and out of the site, all of which are proposed to
be used to manage traffic flow.
Ms. Wyatt stated that it is imperative that the traffic problem be solved before
the stadium/amphitheater is constructed, and she will not support any plan for
construction until traffic issues are addressed.
The City Manager advised that the City would be foolish to design and build
a facility if it did not have a design in place to address traffic. She stated that the
difference is in semantics, i.e.: the City will have a traffic management plan that will
allow for good ingress and egress from the site, although the plan may not involve
the construction of new infrastructure and may consist of managing existing
infrastructure. For example, she advised that the plan may suggest variable signs
over the roadway with two lanes of left turn traffic off of Orange Avenue onto
Williamson Road at certain times of the day, as opposed to one left turn lane and one
straight lane. She explained that if the traffic plan calls for two additional lanes over
the long term which would take longer to design and construct than opening the
facility, a plan will be in place that will manage traffic into and out of the facility
before the final design is completed and clearly before the project is constructed.
Ms. Wyatt spoke in support of a plan that will create a quick and easy ingress
and egress out of both facilities that will not negatively impact the Williamson Road
area and surrounding areas. She requested a plan that will demonstrate that the City
administration has addressed traffic flow for those persons attending events and for
those persons living in the neighborhoods. Minus that, she advised that she could
not vote in favor of the proposed construction.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 3 ]
Mr. White raised a question with regard to intersection studies; whereupon,
Mr. Anderson advised that the consulting team met with City staff and discussed
where intersection studies should occur and there was a concern that the study go
beyond 10th Street and Orange Avenue to ensure that the adjacent residential area
is included, and 10th Street is a part of the traffic study.
Mr. Hudson expressed concern that rezoning of the property is occuring
before the traffic study is completed. He inquired as to the impact on surrounding
businesses related to overflow parking for the facility. He called attention to a 4 - 3
vote by the City Planning Commission, which body raised the same questions that
have been raised by Council Members with regard to traffic issues. He stated that
he was not opposed to the project, but it appears that the City is, "placing the cart
before the horse", and Council would never consider approving a rezoning for a
private developer without receiving answers to these types of questions, yet,
because it is a City project, it appears that favoritism is being shown by the City. He
advised that the traffic study is one of the most important components of the project.
Mr. Anderson advised that when the City retained the design consultant for
the facility, the contract included the traffic study. He stated that the traffic study
has been expedited and the initial piece of the management plan will be received by
mid July and infrastructure improvements recommendations are due at the end of
August. He further stated that the consulting team has been running traffic counts
at the two affected intersections, data will be loaded into a computer program, along
with information relative to performances at the civic center and anticipated
performances at the stadium/amphitheater, with base line data reviewing rush or
non-rush hour traffic and how these events will impact traffic, and from that
analysis, the consultant will make recommendations relative to a traffic management
plan and infrastructure improvements. In regard to parking issues, he explained that
the Civic Center wishes to link the two facilities via a bridge that would cross over
Orange Avenue and provide an opportunity to utilize parking at the Civic Center that
would help to support events at the stadium/amphitheater and vice versa. He noted
that there are approximately 1800 spaces at the Civic Center, 800 - 1000 spaces are
anticipated at the new stadium/amphitheater site and there is an agreement to park
400 - 500 vehicles at Civic Mall. He added that design of the facility is proposed to
be coupled with the traffic study since one component cannot get in front of the
other because there is a need to know how the facility lays on the site, the location
of main entrances for vehicle ingress and egress, and location of ingress and egress
for service vehicles.
The Mayor inquired if there were persons in attendance who would like to
speak to the matter.
Wendy Jones, President, Williamson Road Area Business Association,
(WRABA), advised that WRABA is supportive of locating the stadium/amphitheater
in the Williamson Road area to revitalize businesses, especially at the lower end of
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 3~-
Williamson Road; however, they want to ensure that the area can handle the
additional traffic and parking that will be generated. She encouraged the City to
address the issue in a proactive manner and "not place the cart before the horse".
She advised that the Williamson Road Area Business Association would like to work
with the City to see the project come to fruition, but they would like for the
stadium/amphitheater to be designed in such a way so as to accommodate
businesses and residents of the area, as well as patrons of the two facilities.
Daniel F. Layman, Jr., Attorney, representing Farrell Properties and Bergland
Automotive, advised that for 25 years he has represented petitioners with rezoning
requests before the Council, and he would never ask Council to act on a rezoning
petition without the appropriate study to address issues of concern. As it relates
to the stadium/amphitheater project, he stated that the City is using different and
much less stringent standards than it would require of any of its citizens. Secondly,
he stated that the zoning process is carefully defined by statute/ordinance to ensure
that all major issues are addressed at the staff level, at the City Planning
Commission level, and at the City Council level for public hearing and public
discussion and that solutions are identified and become part of the proposal. He
noted that if a surrounding property owner is aggrieved by the ultimate decision of
Council, there is a process for appeal to the Circuit Court so that an impartial judge
can decide if the City acted properly. He stated that the City's answer to the request
for delaying the proceeding is that there will be public hearings at which time
citizens will be heard, and the City Planning Commission will review plans once the
traffic study is completed; however, he explained that there is no right of appeal
from that process. He added that the appeal right is from the Council process and
once the rezoning is approved, there is no opportunity for a court to become
involved and a citizen can only express an opinion at one of the public hearings. He
stated that his clients are not opposed to the stadium/amphitheater project, but they
are opposed to the rezoning at this time based on the above stated facts; therefore,
he requested that Council refer the matter back to the City Planning Commission for
further public hearings and to conform with the process that is required by the City
of Roanoke regarding requests for rezoning.
Ben Burch, President, Airlee Court Neighborhood Association, 923 Curtis
Avenue, N. E., advised that he was proud to live in the City of Roanoke and to
observe City leaders as they take care of business.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that the City has placed
the "cart before the horse". She spoke on behalf of those residents and citizens
who have little voice and advised that there were no public hearings for residents
who live in the area to provide comments. She spoke with regard to possible
encroachment into the historical graveyard; additional traffic lanes being added to
1-581, both north and south; encroachment into the neighborhoods, specifically
Lincoln Terrace where over $20 million have been expended in rehabilitating
housing; encroachment of light and noise from the stadium/amphitheater and the
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ~ ~
effect on the surrounding neighborhood; and environmental issues as to whether
the ground is suitable for constructing and/or sustaining a stadium/amphitheater.
She stated that there are questions that should be considered and answered in the
proper documents before consideration is given to the rezoning. She added that
citizens have very little way to provide input once a decision is made, therefore,
important decisions like traffic problems and business concerns should not be taken
lightly, but more importantly, the average citizen needs to be given consideration.
Mr. Bill Tanger, 257 Dancing Tree Lane, Roanoke County, advised that traffic
on 1-581 this evening at the end of the work daywas backed up into the intersection
which was a reminder of civic center traffic that sometimes backs up 1-581, and with
each event, the probability that there will be a serious accident on 1-581, or one of
the other streets that makes up the local gridlock situation increases. He
encouraged Council to table its vote on rezoning of the property until the traffic plan
is developed. He stated that the City of Roanoke requires and the intent of the
zoning ordinance calls for traffic and parking plans to be developed prior to
presenting projects for rezoning, and with a vote of 4 - 3 by the City Planning
Commission, there is good reason to refer the matter back to the Planning
Commission for further study. He added that a deferral of approximatelytwo months
will not delay plans for the project, but will allow citizens from the neighborhoods
to provide their input, all of which will result in a better facility. He stated that voting
on the rezoning is untimely, and the rezoning should occur in the proper sequence
so that Council will not be criticized if the project results in a disaster for traffic, for
citizens and for businesses in the area.
The City Manager advised that the problems that currently exist at the
intersection of Orange Avenue and Williamson Road did not arise since the decision
of Council to construct the stadium/amphitheater at that location, but instead those
problems have existed for a long period of time. She stated that the
stadium/amphitheater project provides the impetus for the City to deal with a traffic
situation that has existed for some time and there are measures that could be taken
that would start to better manage the traffic flow and could reduce the line of
vehicles going into and out of the civic center. She added that managing what the
City has is a different technique and one that has not always been used, without
necessarily having to construct new roads or widen roads in the traditional way that
traffic has been addressed in the past. Therefore, she advised that those problems
that exist today that have gone unaddressed in the past, will be addressed through
the traffic study.
Vice-Mayor Carder requested that the City Manager comment on the statement
made by a previous speaker that the City is treating itself different from private
business developers on rezoning issues; whereupon, the City Manager advised that
it has been determined that there is no requirement in the City Code or the zoning
ordinance for development of a traffic plan or study. She explained that at the time
a rezoning request comes to the City, it is reviewed by a number of City departments,
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 34
additional information may be requested and the information is helpful in
determining the recommendation. She stated that the last time the City made a
formal request for a traffic plan was when the Super Wal-Mart was to be constructed
on Valley View Boulevard; however, it should be noted that the traffic impacts of a
Super Wal-Mart are different than those for a stadium/amphitheater project. She
advised that as the entity responsible for infrastructure, the City of Roanoke will hear
from citizens who are satisfied or dissatisfied; and there are numerous examples
where the City did not impose requirements on others in the past, particularly the
private sector, and the City has had to take responsibility for certain improvements.
She stated that a community-wide forum will be held in June to share ideas about
the stadium/amphitheater project.
Mr. Hudson moved that action on Ordinance No. 35886-052002 be tabled.
The motion failed for lack of a second.
Mr. Bestpitch advised that a civic center cannot be constructed anywhere in
the City, or anywhere in the world without traffic issues that need to be addressed.
He stated that it is difficult to understand why anyone would assume that Council
is not completely committed to doing everything possible through the study process
and through every other available method to mitigate the traffic problem as much as
possible, and to provide for improvements that will benefit not just ingress and
egress to the stadium/amphitheater facility, but improve traffic flow throughout the
area 24 hours a day, 365 days a year. He added that the only action being taken by
Council at this time is rezoning of the property to provide for a location for
construction of the stadium/amphitheater.
Mr. Bestpitch called for the question.
Ordinance No. 35886-052002 was lost by the following vote:
AYES: Council Members Wyatt, White, Carder and Bestpitch ....................... .4.
NAYS: None ........................................................................................... -0.
PRESENT: Council Member Hudson and Mayor Smith ............................... -2.
(Council Member Harris was absent.)
The Mayor declared the public hearing closed.
Vice-Mayor Carder raised a point of order; whereupon, he moved to amend
Ordinance No. 35886-052002 to delete the following words: "and dispensing with the
second reading of this ordinance by title." The motion was seconded by Mr. White.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 35
The Mayor again ruled that the public hearing was closed.
Ms. Wyatt challenged the ruling of the Chair based on the fact that the Mayor
closed the public hearing before the Vice-Mayor was allowed to complete his
comments.
The City Attorney was called upon for a ruling; whereupon, he advised that
five members of Council may alter or suspend the rules of Council. He stated that
the challenge to the ruling of the Chair is addressed by Roberts Rules of Order;
whereupon, the Mayor declared the meeting in recess to provide time for the City
Attorney to research Roberts Rules of Order.
The Council meeting reconvened at 9:12 p.m., with all Members of the Council
in attendance, including Council Member Harris, Mayor Smith presiding.
The Mayor advised that pursuant to Roberts Rules of Order, there is a process
for over ruling the Chair, which provides that if a motion is made, duly seconded and
adopted by a majority vote of the Council, the decision of the Chair may be over
ruled.
Ms. Wyatt respectfully challenged the ruling of the Chair. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, White, Carder, Bestpitch, Harris and Mayor
Smith ........................................................................................................... -6.
NAYS: Council Member Hudson ................................................................. 1.
The Mayor reopened the public hearing.
The City Attorney advised that the ordinance as drafted did not pass inasmuch
as five affirmative votes of the Council are required for passage; however, Co!Jncil
may move to reconsider the ordinance.
Mr. Bestpitch moved that Council reconsider the vote on Ordinance No. 35886-
052002. The motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch, Harris and
Mayor Smith .................................................................................................. 7.
NAYS: None ............................................................................................. 0.
Mr. Bestpitch offered the following ordinance:
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 3(~
(#35886-052002) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet Nos. 204 and 307, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City; and dispensing with the
second reading of this ordinance.
(For full text of Ordinance, see Book No 65, page 124.)
Mr. Bestpitch moved the adoption of Ordinance No. 35886-052002. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch, Harris and
Mayor Smith ................................................................................................... 7.
NAYS: None ............................................................................................ -0.
Mayor Smith and Council Member Hudson advised that they voted in favor of
the rezoning; however, there are numerous unanswered questions that should be
addressed before proceeding with the stadium/amphitheater project.
The Mayor declared the public hearing closed.
LEASES-PARKS AND RECREATION: Pursuant to previous instructions by
Council, the City Clerk having advertised a public hearing for Monday, May 20, 2002,
at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal of the
City of Roanoke to lease an 8.5 acre, more or less, parcel of land located on top of
Mill Mountain, as described in Exhibit A to a Lease and Agreement dated January 1,
2002, to the Blue Ridge Zoological Society of Virginia, Inc., for a period of five years,
ending December 31, 2006, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, May 12, 2002.
A communication from the City Manager advising that the Blue Ridge
Zoological Society of Virginia, Inc., (BRZSV), formerly know as Mill Mountain Zoo,
Inc., was created in 1976 by the Roanoke Jaycees, Inc., to take over operation of the
Zoo; and the original lease of the property for zoo purposes to Mill Mountain Zoo,
Inc., was authorized on September 7, 1976, was before Council.
It was further advised that the current five-year lease with Blue Ridge
Zoological Society of Virginia was authorized by Ordinance No. 33231-012197, and
expired on December 31, 2001; BRZSV has requested that the revised lease be
continued for a term of five years, ending December 31, 2006; the lease will provide
for termination at any time with 60 days written notice by either party and a total
lease area of approximately 8.5 acres, which includes an additional 2.9 acres to
complete the Mill Mountain Zoo's Master Plan; and rental rate of $10.00/yr is
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ~"7
contingent upon the Mill Mountain Zoo continuing full accreditation from the
American Zoo and Aquarium Association.
The City Manager recommended, following the public hearing, that Council
authorize execution of a Lease Agreement with Blue Ridge Zoological Society of
Virginia Inc., for land occupied by the Zoo for a term of five years, ending
December 31, 2006, in a form to be approved by the City Attorney.
Mr. Carder offered the following ordinance:
(#35887-052002) AN ORDINANCE authorizing the lease of certain City-owned
property to the Blue Ridge Zoological Society of Virginia, Inc., upon certain terms
and conditions; and dispensing with the second reading of this ordinace.
(For full text of Ordinance, see Ordinance Book No. 65, page 125.)
Mr. Carder moved the adoption of Ordinance No. 35887-052002. The motion
was seconded by Ms. Wyatt.
The Mayor inquired if there were persons in attendance who would like to
address the matter. There being none, Ordinance No. 35887-052002 was adopted by
the following vote:
AYES: Council Members Wyatt, White, Hudson, Carder, Bestpitch, Harris
and Mayor Smith ............................................................................................... 7.
NAYS: None ......................................................................................... -0.
The Mayor declared the public hearing closed.
INTRODUCTION
RESOLUTIONS:
AND CONSIDERATION OF ORDINANCES AND
CITY CODE-BUDGET-TAXES-ROANOKE CIVIC CENTER: Ordinance No. 35850
amending Section 32-217, Levied rate, Article IX, Admissions tax, Chapter 32,
Taxation, Code of the City of Roanoke (1979), as amended, to increase the
admissions tax on the stated admission charge to any place of amusement or
entertainment from 5 per cent to 6.5 per cent, effective July 1, 2002, having
previously been before the Council for its first reading on Monday, May 13, 2002, and
adopted on its first reading and laid over, was again before the body.
Mr. Carder moved that the following language be added to the title paragraph
of the above referenced ordinance: "and dispensing with the second reading of this
ordinance." The motion was seconded by Mr. Harris and adopted.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd ~
Mr. Carder offered the following ordinance, as amended:
(#35850-052002) AN ORDINANCE amending §32-217, Levied rate, of Article IX,
Admissions tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979),
as amended, in order to increase the admissions tax on the stated admission charge
to any place of amusement or entertainment from five percent to six and one-half
percent; dispensing with the second reading of this ordinance; and providing for an
effective date.
(For full text of Ordinance, see Ordinance Book No. 65, page 44.)
Mr.
amended.
vote:
Bestpitch moved the adoption of Ordinance No. 35850-052002, as
The motion was seconded by Mr. Carder and adopted by the following
AYES: Council Members Wyatt, White, Carder, Bestpitch, and Harris ............. 5.
NAYS: Council Member Hudson and Mayor Smith ....................................... -2.
ZONING-BUDGET-SUBDIVISIONS-FEE COMPENDIUM: Ordinance No. 35851
amending certain fees and charges, establishing certain new fees and charges with
regard to subdivision and zoning fees, and amending the Fee Compendium, effective
July 1, 2002, having previously been before the Council for its first reading on
Monday, May 13, 2002, read and adopted on its first reading and laid over, was again
before the body.
Mr. Carder moved that the following language be added to the title paragraph
of the above referenced ordinance: "and dispensing with the second reading of this
ordinance." The motion was seconded by Mr. Harris and adopted.
Mr. Carder offered the following ordinance, as amended.
(#35851-052002) AN ORDINANCE amending certain fees and charges,
establishing certain new fees and charges with regard to subdivision and zoning
fees, and amending the Fee Compendium, dispensing with the second reading of
this ordinace and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 65, page 45.)
Mr. Carder moved the adoption of Ordinance No. 35857- 052002, as amended.
The motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, White, Carder, Bestpitch, and Harris ............. 5.
NAYS: Council Member Hudson and Mayor Smith ...................................... -2.
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 3~)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is also a time for
informal dialogue between Council Members and citizens; and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
POLICE DEPARTMENT-COMPLAINTS: Ms. Josephine Rouse, 3038 Melrose
Avenue, N. W., addressed Council in connection with the closing of the police
satellite station on Lafayette Boulevard, N. W., which building was leased for $1.00
by Ms. Vernice Law to the City of Roanoke Police Department. She expressed
concern for not only the neighborhood, but for the children because the credibility
of the Police Department has long been an issue. She stated that the Police
Department abandoned the community and did not tell the truth about the condition
of the building; and after the Police Department closed the substation, drug dealers
came back to the area. She asked that the issue be resolved in such a way that the
community will understand that Council cares about the children and that the City's
Police Department can be trusted.
POLICE DEPARTMENT-COMPLAINTS: Ms. Vernice Law, 1509 Lafayette
Boulevard, N. W., owner of the building that housed the police satellite station on
Lafayette Boulevard, advised that her family's integrity is at stake, because they
have never allowed their property to deteriorate as was reported in a recent
newspaper article. She stated that residents of the area requested help and the
building was offered as a potential site for a police substation because it provided
an opportunity to have police in the neighborhood. She stated that residents had
great hopes that the substation would make a difference and it did for a short time;
however, it was discovered that the building was never staffed from day one,
although the police substation on Williamson Road is staffed. She noted that
following numerous complaints, "dummy" cars were placed at the substation on
Lafayette Boulevard, a police vehicle was placed in front of her residence where it
remained for 14 days without being moved and another car was placed on Florida
Avenue, also unmoved, for ten days. She called attention to repeated complaints by
residents of the area that the station was not staffed, meetings were held with
Council members, City staff and the Chief of Police and questions were raised on
how to solve the problems, as well as neighborhood concerns. She stated that the
condition of the building has not deteriorated as was stated by City staff; however,
her main concern is not about the building, but about the fact that the Police
Department has not given proper service to the community.
COMPLAINTS -HOUSING/AUTHORITY: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., advised that it has been stated that it is not whether one wins or loses, but
how one plays the game; and it has also been stated that one should avoid the
appearance of doing anything wrong; however, this evening, Council has shown
citizens throughout the Roanoke Valley that it does not matter as long as one gets
what one wants. She expressed concern with regard to earlier actions when the
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 40
meeting was recessed in order to research Roberts Rules of Order and when the
Council meeting reconvened, all seven Council members were in attendance and
voting to avoid a second reading of the ordinance rezoning the property on Orange
Avenue.
She also spoke on behalf of those persons who do not have a strong voice,
but have requested screen doors on housing units at the Lincoln Terrace housing
development for safety reasons, and expressed concern over the hesitation and/or
refusal of the Roanoke Redevelopment and Housing Authority to provide screen
doors for both front and back of Lincoln Terrace housing units.
There being no further business, the Mayor declared the meeting adjourned
at 9:40 p.m.
APPROVED
ATTEST:
City Clerk Mayor
H:\O& R 2002\LiSTS\Draft May 20-2002.wpd 41
C-1
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 3, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, June 3,
2002, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Re~lular Meetings,
Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., C. Nelson Harris, William H.
Carder, William White, Sr., William D. Bestpitch, Linda F. Wyatt and Mayor Ralph K.
Smith ............................................................................................................ 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; and Mary F. Parker, City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Council Member
C. Nelson Harris, Chair, City Council's Personnel Committee, requesting a Closed
Session to discuss the performance of five Council-Appointed Officers, pursuant
to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of Council Member Harris
to convene in a Closed Meeting to discuss the performance of five Council-
Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended. The motion was seconded by Mr. Hudson and adopted by the following
vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None .......................................................................................... 0.
At 12:25 p.m., the Mayor declared the meeting in recess for one Closed
Session.
At 2:00 p.m., on Monday, June 3, 2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., C. Nelson Harris, William H.
Carder, William White, Sr., William D. Bestpitch, Linda F. Wyatt and Mayor Ralph K.
Smith ............................................................................................................ 7.
ABSENT: None ...................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Fred
Fryar, Pastor, Grace and Truth Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS: None.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately. The Mayor called attention to two requests for Closed Session.
MINUTES: Minutes of the regular meeting of Council held on Monday April 15,
2002, and recessed until Thursday, April 18, 2002; and a special meeting of Council
held on Monday, April 29, 2002, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Carder moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Harris and
adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None .......................................................................................... 0.
CITY PROPERTY-LEASES-MARKET SQUARE PARKING GARAGE-PARKING
FACILITIES: The City Manager submitted a communication advising that the City of
Roanoke currently leases 3,000 square feet of retail space to Orvis Roanoke, Inc.;
current lease agreement of property located at 11 Campbell Avenue S. E., commonly
known as the Market Square Parking Garage, will expire on August 31,2002; Orvis
Roanoke, Inc., has expressed an interest in continuing the lease of space beyond the
current term; and in order to continue the lease, a new lease agreement is required.
The City Manager recommended that Council authorize a public hearing on the
above referenced matter.
Mr. Carder moved that Council concur in the recommendation to hold a public
hearing. The motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ......................................................................................... 7.
NAYS: None .......................................................................................... 0.
(A public hearing was advertised for Monday, June 17, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber.)
ELECTIONS-CITY COUNCIL: A communication from Gilbert E. Butler, Jr.,
Secretary, Roanoke City Electoral Board, transmitting the following Abstract of Votes
cast in the General Election held in the City of Roanoke on May 7, 2002, was before
the Council.
"ABSTRACT OF VOTES
cast in the City of Roanoke, Virginia, at the May 7, 2002 General Election, for:
MEMBER
CITY COUNCIL
AT LARGE
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
Names of Candidates as shown on Ballot TOTAL VOTES
RECEIVED
(IN FIGURES)
Mark H. Hurley ........................................... 3,310
Steve J. Mabry .......................................... 3,016
John H. "Jack" Parrott ................................... 4,227
M. Rupert Cutler ......................................... 4,335
Alfred T. Dowe, Jr ........................................ 4,506
C. Nelson Harris ......................................... 4,905
Don L. Hogan ........................................... 445
Total Write-In Votes [See Write-Ins Certification] .............. 774
Continue Candidates on Page 2, If Necessary
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on May 7, 2002, do hereby certify that the above is a true
and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the
following person(s) has (have) received the greatest number of votes cast for the above office in said
election:
C. Nelson Harris
Alfred T. Dowe, Jr.
M. Rupert Cutler
Given under our hands this 8t__~~ day of May, 2002.
A copy test:
si Carl T. Tinsley, Chairman
s/Frances V. Garland, Vice Chairman
si Gilbert E. Butler, Secretary
si Gilbert E. Butler, Secretary, Electoral Board
City of Roanoke
Member, City Council
AT LARGE
ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME
NAMES OF CANDIDATES AS SHOWN ON BALLOT
TOTALVOTES
RECEIVED
(IN FIGURES)
M. Doug Trout ........................................................ 916
WRITE-INS CERTIFICATION
ROANOKE x General
Town/County x City
MEMBER CITY COUNCIL
Office Title
Special Election
May 7, 2002
Page I or I
District Name or Number, If Applicable
WRITE-INS - SUMMARY [REQUIRED]
TOTALVOTES
RECEIVED
(IN FIGURES)
Invalid Write-Ins ......................................... 4
ENTER TOTAL INVALID
Valid Write-Ins .......................................... 770
ENTER TOTAL VALID
3. Total Write-Ins .......................................... 774
[ENTER THIS FIGURE ON LINE FOR TOTAL WRITE-IN VOTES ON ABSTRACT FOR THIS OFFICE.] ADD LINES 1 AND 2
VALID WRITE-INS - DETAIL [REQUIREDONLYIF(I)TOTALNUMBEROFWRITE-INSIS5%ORMOREOFTHETOTALNUMBER
OF VOTES CAST FOR OFFICE OR {ii) A WRITE-IN CANDIDATE WAS ELECTED TO THE OFFICE.)
LIST VALID WRITE-INS IN ALPHABETICAL ORDER BELOW AND ON CONTINUATION PAGES, TOTAL VOTES
AS NEEDED. ALL VALID WRITE-INS WHEN ADDED TOGETHER MUST EQUAL TOTAL ENTERED RECEIVED
ON LINE 2 ABOVE. (IN FIGURES)
Evelyn Bethel ............................................ 1_
Chris Craft ............................................... 1_
Bev Fitzpatrick ........................................... 2
Angela M. Norman ....................................... 765
Georgia C. Reeves ....................................... 1_
CONTINUED ON PAGES__THROUGH __
We, the undersigned Electoral Board, upon examination of the official records deposited with the
Clerk of the Circuit Court of the election held on May 7, 2002, do hereby certify that, with the
continuation pages indicated, the above is a true and correct certification of the write-in votes cast
at said election for the office indicated above.
Given under our hands this g__~h day of May, 2002.
A copy teste:
si Carl T. Tinsley, Chairman
s/Frances V. Garland, Vice Chairman
s/Gilbert E. Butler, Secretary
si Gilbert E. Butler, Secretary, Electoral Board"
Mr. Carder moved that the Abstract of Votes be received and filed. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt and
Mayor Smith .................................................................................................. 7.
NAYS: None .......................................................................................... 0.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Meeting to discuss a personnel matter with regard to vacancies
on various authorities, boards, commissions and committees appointed by Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended, was before
the body.
Mr. Carder moved that Council concur in the request of the Mayor. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt and
Mayor Smith ..................................................................................................... 7.
NAYS: None ........................................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY: A communication from
the City Manager requesting a Closed Meeting to discuss disposition of publicly-
owned property, pursuant to Section 2.2-3711(A)(3), Code of Virginia (1950), as
amended, was before the body.
Mr. Carder moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None ........................................................................................... 0.
OATHS OF OFFICE-COMMITTEES-HOUSING/AUTHORITY-YOUTH: The
following reports of qualification were before Council:
Beverly T. Fitzpatrick, Jr., as a Commissioner of the
Roanoke Redevelopment and Housing Authority, to fill the
unexpired term of Willis M. Anderson, deceased, ending
August 31, 2002; and
James H. Smith as a member of the Youth Services Citizen
Board for a term ending May 31, 2005.
Mr. Carder moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None ........................................................................................... 0.
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
CITY CODE-BUDGET-CITY COUNCIL-LEGISLATION: A communication from
Council Member William D. Bestpitch advising that Chapter 2, Administration, Article
XlV. Authorities, Boards, Commissions and Committees Generally, Division 2.
Permanent Committees, Code of the City of Roanoke (1979), as amended, provides,
in part, for appointment of certain permanent committees, i.e., Audit Committee,
Budget and Planning Committee, Human Services Committee, and Personnel
Committee.
He further advised that the Legislative Committee is not included as a
permanent committee; City Code Section 2-299 requires that the Budget and
Planning Committee meet "on the third Monday of each month at 2:00 p.m.",
however, this committee has not met in at least ten years; and City Code Section
2-303 does not include a method for choosing a member to chair the Personnel
Committee, and requires that evaluations of Council-appointed officers be
completed on the anniversary dates of their employment.
Mr. Bestpitch endorsed an ordinance to conform the City Code to current
practices of Council, and to provide for greater consistency among the Audit, Budget
and Planning, Personnel, and Legislative Committees. He proposed that Section
2-299. Budget and Planning Committee, be amended as follows:
The committee shall select a chair from among its
members and shall meet at such times as it deems
advisable; the responsibilities of the committee shall
reflect the work accomplished during financial planning
and budget study sessions.
He further proposed that Section 2-303. Personnel Committee, be amended
as follows:
The committee shall select a chair from among its
members, but shall not be required to conduct
performance evaluations on the anniversary dates of
council appointees, allowing all evaluations to be
conducted at the same time of year.
He further proposed that a new Section 2-304. Legislative Committee, be
added to the City Code to define the responsibilities and membership of the
Legislative Committee, as follows:
The Legislative Committee shall be composed of at least
four members of the Council and two members appointed
by the school board; the committee shall select a chair
from among its members who are members of council; the
city clerk shall serve as the secretary of the committee and
maintain minutes as a permanent record; the committee
shall meet on call of any member or the Mayor.
The Legislative Committee shall prepare annually a
legislative program for consideration by Council, setting
forth the legislative needs of the City and its school
system; once such a program is adopted by Council, the
committee shall, in coordination with the City Attorney and
the City's legislative liaison, work to advance and promote
the program.
Mr. Bestpitch offered the following ordinance:
(#35888-060302) AN ORDINANCE amending Chapter 2, Administration, of the
Code of the City of Roanoke (1979), as amended, by amending §2-299, Bud~let and
_~lanninq committee, and §2-303, Personnel committee, and by the addition of a new
§2-304, Leqislative committee, and dispensing with the second reading by title of
this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 127.)
Mr. Bestpitch moved the adoption of Ordinance No. 35888-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None ........................................................................................... -0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-FDETC: The City Manager submitted a communication advising that
the Fifth District Employment and Training Consortium (FDETC) administers the
Federally funded Workforce Investment Act (WIA) for the region, which
encompasses the Counties ofAIleghany, Botetourt, Craig, Franklin and Roanoke, as
well as the Cities of Covington, Roanoke, and Salem; and WIA funding is for two
primary client populations:
Dislocated workers who have been laid off from
employment through no fault of their own, and
Economically disadvantaged individuals as determined by
household income guidelines set up by the U.S.
Department of Labor.
It was further advised that the City of Roanoke is the grant recipient and fiscal
agent for FDETC funding, thus, City Council must appropriate the funding for all
grants and other monies received by the FDETC; and the FDETC has received a
Notice of Obligation from the Virginia Employment Commission authorizing the
Workforce Area to spend $383,916.00 for WIA Youth Programs.
The City Manager recommended that Council appropriate FDETC funding
totaling $383,916.00 and increase the revenue estimate by $383,916.00 in accounts
to be established in the Consortium Fund by the Director of Finance.
Mr. Carder offered the following emergency budget ordinance:
(#35889-060302) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Fifth District Employment and Training Consortium Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 66, page 129.)
Mr. Carder moved the adoption of Ordinance No. 35889-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
BUDGET-STREETS AND ALLEYS: The City Manager submitted a
communication advising that following proper advertisement, three bids for the 2002
Street Paving Program were received by the City of Roanoke, with Adams
Construction Company submitting the Iow bid in the amount of $2,034,202.55, which
included a base bid of $1,871,702.55 and Alternate No. 1 (raising manholes) of
$162,500.00; and a time frame of 180 days was specified for completion of the
project.
It was further advised that City staff evaluated the three bids and
recommended that a contract in the amount of $2,034,202.55 be awarded to Adams
Construction Company which includes the base bid and Alternate No. 1 (raising
manholes); unit prices for asphalt ($43.95 per ton) and raising manholes ($325.00
each) are higher than last year's prices, however, they are in line with current
industry costs; asphalt quantities total 26,800 tons of asphalt, which will enable the
resurfacing of streets listed on the 2002 Paving Program List of Streets, and funding
in the amount of $2,074,202.55 is available to cover all associated costs of the
paving program, which include contract expense and replacement of traffic signal
detectors.
The City Manager recommended that Council accept the bid of Adams
Construction Company and that she be authorized to enter into a contractual
agreement with Adams Construction Company in the amount of $2,034,202.55 (which
includes alternate 1), in a form approved by the City Attorney; and increase the
revenue estimate for Highway Maintenance revenues by $273,218.00 and appropriate
$273,218.00 to the FY 02 Paving Program account.
Mr. Carder offered the following emergency budget ordinance:
(#35890-060302) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General Fund Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 66, page 131.)
Mr. Carder moved the adoption of Ordinance No. 35890-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
Mr. Carder offered the following emergency ordinance:
(#35891-060302) AN ORDINANCE accepting the bid of Adams Construction
Company for paving of various streets and raising manholes, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper City officials to
execute the requisite contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 66, page 132.)
Mr. Carder moved the adoption of Ordinance No. 35891-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ............................................................................................ 0.
WATER RESOURCES-EQUIPMENT: The City Manager submitted a
communication with regard to bids received by the City for ductile iron water pipe
for the period of July 1,2002 to June 30, 2003; whereupon, itwas recommended that
Council accept the Iow bid of Griffin Pipe Products Company for a period of one year
on a unit cost basis, in an amount not anticipated to exceed $148,688.50, and reject
all other bids received by the City.
Mr. Carder offered the following resolution:
(#35892-060302) A RESOLUTION accepting the bid of Griffin Pipe Products
Company made to the City for furnishing and delivering ductile iron water pipe; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 66, page 134.)
Mr. Carder moved the adoption of Resolution No. 35892-060302. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None ........................................................................................... -0.
WATER RESOURCES: The City Manager submitted a communication with
regard to the bids for water and wastewater treatment chemicals for fiscal year
2003; whereupon, the City Manager recommended that Council authorize acceptance
of the lowest responsible bids for the above referenced chemicals; reject all other
bids received by the City; and authorize the Manager of the Purchasing Division to
issue requisite purchase orders for the above mentioned chemicals.
Mr. Carder offered the following resolution:
(#35893-060302) A RESOLUTION accepting the bids for water and wastewater
treatment chemicals for fiscal year 2002-2003, and rejecting all other bids.
(For full text of Resolution, see Resolution Book No. 66, page 135.)
Mr. Carder moved the adoption of Resolution No. 35893-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................. -7.
NAYS: None ........................................................................................... -0.
PARKS AND RECREATION-EQUIPMENT: The City Manager submitted a
communication advising that the Capital Maintenance and Equipment Replacement
Program (CMERP) has identified the need to replace one tractor and articulated
boom mower system and one rotary mower for the Department of Parks and
Recreation; due to pricing of the tractor and the articulated boom mower system
being substantially over anticipated budget, current bid specifications will need to
be updated to ensure procurement of the highest quality equipment as economically
as possible; and as such, the one bid received for the tractor and articulated boom
mower, in the amount of $95,867.33 from Boone & Becker Implement, Inc., should
be rejected.
It was further advised that the lowest bid for one 16-foot rotary mower was
submitted by Smith Turf & Irrigation Co., meeting all specifications at a cost of
$68,107.00; and funding for the mower is available in Lease of Vehicle, Account
#017-440-9852-9015.
The City Manager recommended that Council award the bid for one 16-foot
rotary mower to Smith Turf & Irrigation Co., at a total cost of $68,107.00, and reject
all other bids received by the City.
Mr. Carder offered the following resolution:
(#35894-060302) A RESOLUTION accepting the bid of Smith Turf & Irrigation
Co. for the purchase of one new 16 foot mower, upon certain terms and conditions;
rejecting the bid received for a tractor and articulated boom mower; and rejecting
all other bids.
(For full text of Resolution, see Resolution Book No. 66, page 136.)
Mr. Carder moved the adoption of Resolution No. 35894-060302. The motion
was seconded by Mr. Harris.
The Mayor advised that it has been reported that specifications provided for
extensive factory training on the use of the articulated boom mower and an
attachment for the equipment in the price range of $8,000.00 - $10,000.00 was to be
included, therefore, after all of the extras were included, the bid total exceeded the
amount of funds budgeted for the equipment. He expressed concern that only one
bid was received and asked that the City take the necessary steps to ensure that
more than one bid is received in the future for equipment purchases.
Ordinance No. 35894-060302 was adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... 0.
POLICE DEPARTMENT-TRAFFIC-BUDGET-GRANTS: The City Manager
submitted a communication advising that the Virginia Department of Motor Vehicles
(DMV) is the administering agency for pass through funds provided by the United
States Department of Transportation for highway safety projects in Virginia; and the
DMV offers these funds to successful applicants for activities which improve
highway safety in Virginia.
It was further advised that in September 2001, the DMV awarded $15,000.00
to the Roanoke Police Department to conduct selective enforcement activities which
target Driving Under the Influence (DUI), speeding, and motor vehicle occupant
safety; and this is the sixth year that the City of Roanoke has received funds under
this program.
It was explained that there is a statistically proven proportional correlation
between levels of motor vehicle law enforcement and traffic accidents in the City of
Roanoke; historically, speed and alcohol are factors in 17 per cent of Roanoke's
motor vehicle accidents; and this program allows officers to concentrate on alcohol
impaired drivers and speeders at times when such violations are most likely to
occur.
The City Manager recommended that Council establish a revenue estimate and
appropriate $15,000.00 to grant fund accounts to be established by the Director of
Finance; and authorize the City Manager to execute the requisite grant agreement
and any related documents, such documents to be approved as to form by the City
Attorney.
Mr. Carder offered the following emergency budget ordinance:
(#35895-060302) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 66, page 137.)
Mr. Carder moved the adoption of Ordinance No. 35895-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... 0.
Mr. Carder offered the following resolution:
(#35896-060302) A RESOLUTION accepting the Driving Under the Influence
Enforcement Grant offer made to the City by the Commonwealth of Virginia's
Department of Motor Vehicles and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 66, page 139.)
Mr. Carder moved the adoption of Resolution No. 35896-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None .......................................................................................... -0.
BUDGET-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: The City
Manager submitted a communication advising that the Hotel Roanoke Conference
Center Commission was created by the Virginia General Assembly in 1991 to
construct, equip, maintain and operate the Conference Center of Roanoke adjacent
to The Hotel Roanoke, and the City of Roanoke and Virginia Tech are participating
entities in the Commission; in 1992, Council authorized establishment of an Agency
Fund known as, "Hotel Roanoke Conference Center Commission"; the
]4
Commission's enabling legislation allows for participating parties to equally
contribute funds to the Commission to fund operating deficits of the Commission
and to enable the Commission to expend such revenues for proper purposes; the
budget must be approved by each of the participating entities; and Council included
funds in the fiscal year 2002-2003 General Fund adopted budget to be used for such
purposes.
It was further advised that the Hotel Roanoke Conference Center Commission
recommends the fiscal year 2002-2003 operating budget for Council's consideration;
whereupon, the City Manager recommended that Council approve the Hotel Roanoke
Conference Center Commission Budget for fiscal year 2002-2003, appropriate
$250,000.00 to Conference Center Agency Fund accounts and establish revenue
estimates of $125,000.00, each, for City of Roanoke and Virginia Tech contributions.
Mr. White offered the following emergency budget ordinance:
(#35897-060302) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Hotel Roanoke Conference Center Commission Fund Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 66, page 140.)
Mr. White moved the adoption of Ordinance No. 35897-060302. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith .............................................................................................. 7.
NAYS: None ........................................................................................... -0.
Mr. White offered the following resolution:
(#35898-060302) A RESOLUTION approving the annual operating budget of the
Hotel Roanoke Conference Center Commission for Fiscal Year 2002-2003.
(For full text of Resolution, see Resolution Book No. 66, page 141.)
Mr. White moved the adoption of Resolution No. 35898-060302. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................... 7.
NAYS: None ........................................................................................... -0.
]5
The Vice-Mayor presided over the next item on the agenda.
BUDGET-FLOOD REDUCTION/CONTROL: The City Manager and the Director
of Finance submitted a joint communication advising that Series 2002 bonds have
been issued, and funding of $7.5 million is available for the Roanoke River Flood
Reduction Project, which project has been in existence for a number of years with
several project accounts established throughout the years to fund the various
components; current funding appropriated to the project is $10.3 million, of which
approximately $5.0 million has been spent or is obligated; funding currently
appropriated consists of approximately $.5 million in Federal funding, plus $9.8
million of local funding; and local funding has been added annually via transfer from
the General Fund since the late 1980s as a result of an increase in the utility tax to
finance flood reduction efforts.
It was further advised that an analysis has been made of the status of project
accounts, initial source of funding, and the extent to which Series 2002 bond funds
can be substituted for other funding; and based on the analysis, reallocation of $7.5
million of previously appropriated local funding is recommended which will allow
the City to receive reimbursement from bond funds to the extent allowable to remove
the funds from exposure to arbitrage.
It was explained that all expenditures within the prior 18 months of Council's
approval of the reimbursement request may be reimbursed (expenditures from
December 4, 2000 to June 3, 2002); additionally, the City may reimburse itself without
regard to a particular reimbursement period for "preliminary expenditures" not in
excess of 20 per cent of the issue price of the bonds; and preliminary expenditures
include architectural, engineering, surveying, soil testing, and similar costs that are
incurred prior to commencement of acquisition, construction or rehabilitation of a
project.
The City Manager and Director of Finance recommended the following transfer
of funds:
AdJustments:
Appropriated from Appropriated from
Project Name Account General Revenue Series 2002
Bonds
RR Corridor Plan 008-052-9614 (66,375.00) 66,375.00
Surveying RRFR 008-056-9618 (413,433.00) 413,433.00
RRFR Land
Acquisition 008-056-9619 (754,408.00) 754,408.00
RRFR 008-056-9620 2,687,803.00 4,812,197.00
RRFR Phase II
Environmental 008-056-9623 (1,213,587.00) 1,213,587.00
RR Utility
Relocation 008-530-9765 (240,000.00) 240,000.00
Series 2002
Public
Improvement .
Bonds 008-530-9711-9185 (7,500,000.00)
Net of Adjustments -
It was explained that the adjustment shown above for the Roanoke River Flood
Reduction account 008-056-9620 fully appropriates the $7.5 million of Series 2002
Bonds sold for the purpose of the Roanoke River Flood Reduction Project; the
transfer of Series 2002 bond funds will increase total funding to the Roanoke River
project to $17.8 million; and with approximately $5.0 million expended or obligated,
funding of $12.8 million will be available for future project costs, with construction
on the first phase of the project expected to begin in 2003.
The City Manager and the Director of Finance recommended that Council
adopt an ordinance that will transfer funds between various accounts within
Roanoke River Flood Reduction Projects and Series 2002 Public Improvements Bond
reserve account.
Mr. Harris offered the following emergency budget ordinance:
(#35899-060302) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 66, page 142.)
]7
Mr. Harris moved the adoption of Ordinance No. 35899-060302. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch and
Wyatt .......................................................................................................... -6.
NAYS: None ........................................................................................... -0.
(Mayor Smith abstained from voting due to a potential conflict of interest.)
The Vice-Mayor relinquished the Chair to the Mayor.
ARTS MUSEUM OF WESTERN VIRGINIA: The City Manager submitted a
communication advising that on October 2, 2000, Council adopted Resolution No.
35091-100200 which authorized execution of an Agreement between the City of
Roanoke and the Art Museum of Western Virginia providing for the City to make
certain appropriations to the Art Museum, upon certain terms and conditions; and
said appropriations are to be used to partially fund construction of a new Art
Museum and IMAX Theater.
It was further advised that $300,000.00 was paid to the Art Museum shortly
after execution of the Agreement, and an additional $3.7 million was to be paid by
June 30, 2004 ($2.5 million by June 30, 2003, the agreed upon construction start
date, and an additional $1.2 million by June 30, 2004); total appropriations from the
City of Roanoke to the Art Museum were also limited by the Agreement to no more
than 20 per cent of total project cost; and Council has previously concurred,
conceptually, in the issuance of $3.7 million in General Obligation Bonds at a future
date to fund the project.
It was explained that due to various project delays, including a delay in hiring
a project architect, the Art Museum is now requesting that the construction start
date in the Agreement be changed to June 30, 2005, which would mean that the
initial $2.5 million in project funding would not be needed until that date, with an
additional $1.2 million needed by June 30, 2006; and at a future date, the Art Museum
will also request that the City close that portion of the street cutting between Norfolk
and Salem Avenues adjacent to the project site in the City Market area, and donate
the land where the street and right-of-way currently exist to the Art Museum to allow
a better, safer, more dramatic, and more efficient Art Museum/IMAX Theatre facility.
The City Manager recommended that she be authorized to amend the
Agreement previously executed to extend the construction start date to June 30,
2005, with the initial $2.5 million appropriation by the City due at that time; and the
second appropriation of $1.2 million would not be required under the amended
Agreement until June 30, 2006.
Mr. Carder offered the following resolution:
(#35900-060302) A RESOLUTION authorizing execution of an Amendment to
the Agreement, dated October 4, 2000, entered into by and between the City of
Roanoke and the Art Museum of Western Virginia, in order to provide for an
extension of time for performance of certain actions to be taken pursuant to the
Agreement.
(For full text of Resolution, see Resolution Book No. 66, page 144.)
Mr. Carder moved the adoption of Resolution No. 35900-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch, Wyatt
and Mayor Smith ............................................................................................. 7.
NAYS: None ........................................................................................... 0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
April, 2002.
Mr. White called attention to a recent announcement that State revenue for
the month of April was less than projected, and inquired as to the impact on the
City's revenue for fiscal year 2003; whereupon, the Director of Finance advised that
the City will not notice any impact, because the State previously placed the City on
notice of reductions for the current year, and the budget that was adopted by
Council for fiscal year 2003 will have the impact of State revenue short falls already
included.
Vice-Mayor Carder advised that the legislature is in the process of preparing
another tax study, but before the State will agree to the study, the result must be
revenue neutral; however, it seems unusual to order a study and to have the
conclusion and result pre-set. He expressed concern that the City of Roanoke does
not know the impact of the State's departmental cuts; and called attention to
projections next year of a $3.8 billion State shortfall, the State has raided all of its
funds for one time fixes, and even if the economy improves by six per cent next year,
a $3.2 billion shortfall will remain. He expressed concern that citizens of the City of
Roanoke need to be educated now in terms of what the potential will be next year
when the shortfall could be much worse insofar as what the State passes on to
localities. He added that State leadership needs to let the localities know where they
stand and what kind of contingency plans need to be made for next years' budget.
The Director of Finance advised that in August, the Department of
Management and Budget and the Finance Department will compile a multi year
budget plan, reviewing the City's revenue with projections and garnering all possible
information from the State.
The City Manager advised that one of the few opportunities for a community
such as the City of Roanoke rests in coming together with other communities that
are experiencing similar problems, using a multiplier effect and using a number of
jurisdictions and delegates from those jurisdictions to review and address mutual
issues of concern. She called attention to a meeting of the Virginia's First Cities
Coalition on June 19, and advised that the sense of the Executive Committee is one
of urgency and that member localities need to begin addressing issues head on this
summer and not wait until the next session of the General Assembly, or the next
study to be completed. She stated that it is contemplated that the delegates to the
14 cities comprising the First Cities Coalition will meet this summer to discuss
budget issues and meet with the Governor to address matters of concern to First
Cities localities. She further stated that even though the 2003 budget year was
difficult, the next two years will be equally as difficult if not more so unless there is
a major tax restructuring that takes place at a level that will save money. She
stressed the need to involve citizens and the City's delegation to the General
Assembly as soon as possible in the process.
Mr. White concurred in the remarks of Vice-Mayor Carder and suggested that
Council, through the Mayor's Office, convene informal meetings during the summer
months with the City's delegation to the General Assembly to discuss funding
issues. He recommended that the Mayor, or his designee, and at least two Members
of Council begin to meet with the City's delegation to the General Assembly.
The City Manager advised that the newly elected Members of Council who will
take office on July 1 will attend an orientation sponsored by the Virginia Municipal
League on July 10 - 12, in Charlottesville, Virginia, and as a part of orientation,
Virginia's First Cities Coalition will host a workshop for all City Council Members
from the First Cities Coalition who are interested in receiving a more indepth
understanding of the purpose of the First Cities Coalition, its agenda, etc. She
encouraged as many Members of Council as possible to attend the workshop on
July 10.
Mr. Bestpitch advised that citizens need to understand that for some time the
State has not provided its share to fund the Standards of Quality for public schools,
and there are problems with school construction funds throughout the
Commonwealth of Virginia. He called attention to a technology-related business
near Virginia Tech that is relocating to another state because that state offered a
better deal than they received from the State of Virginia. He stated that this action
not only takes jobs away from the Roanoke Valley region, but inhibits the ability to
attract similar types of companies, economic development and jobs. He added that
support for higher education, particularly in terms of a research and development
program at the higher education level, is lacking in the State of Virginia, and called
attention to significant cuts in the Six Year Plan for transportation projects, and
public safety needs that are not being addressed. He stated that unless the
Commonwealth of Virginia comes up with additional revenue to address these
issues, the problems will continue to get worse year by year.
The Mayor advised that much of corporate Virginia is faced with being revenue
neutral in this time of slow economic growth. He stated that whether it be the State
or the City, we are all in the dilemma together and we need to figure out a way to
solve the problems and needs of the City. He stated that the mindset of the First
Cities Coalition is that localities be allowed to raise taxes, and that may have to
happen, but first he would like to know where inefficiencies exist and how they can
be improved upon across the State. He added that if the legislature is approached
with the request to raise taxes, localities will end up with nothing, however, if
localities approach the State with an open mind after exhausting all other options,
they will be better received at the State level.
Without objection by Council, the Mayor advised that the Financial Report
would be received and filed.
BUDGET-CITY COUNCIL-LEGISLATION: The Director of Finance submitted a
communication advising that by agreement with the City of Roanoke, the Roanoke
Redevelopment and Housing Authority administers a large segment of the City's
Community Development Block Grant program; the Housing Authority receives
program income during the course of its administration of various projects through
the sale of land and receipt of loan repayments from project area residents; the
Housing Authority is required to transfer program income to the City of Roanoke;
and the City is required to use the income for eligible community development
activities.
It was further advised that the Housing Authority has made payments to the
City in the amount of $31,854.00 from February 1,2002 to April 30, 2002 in excess of
revenue estimates previously adopted; and of this amount, $11,100.00 resulted from
parking lot rental and $20,754.00 from various loan repayment programs.
It was explained that the City has received miscellaneous program income of
$1,703.00 in various loan payments, which represents the difference between what
was actually received and the amount that was previously adopted based on
repayment estimates; the Housing Authority also administers a segment of the City's
HOME program; assistance provided by the Housing Authority is predominantly in
the form of Iow or no interest active and deferred loans to eligible homeowners and
homebuyers; loan repayments constitute program income to the City's HOME
program; and as of April 30, 2002, loan repayments received in excess of the budget
estimates equals $8,463.00.
The Director of Finance recommended that Council appropriate $33,557.00 in
unanticipated CDBG program income as follows:
Unprogrammed CDBG - Other - FY02
Unprogrammed CDBG - RRHA- FY02
Unprogrammed HOME - FY02
(035-G02-0240-5189)
(035-G02-0240-5197)
(035-090-5324-5320)
1,703.00
31,854.00
8,463.00
Mr. Carder offered the following emergency budget ordinance:
(#35901-060302) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 66, page 145.)
Mr. Carder moved the adoption of Ordinance No. 35901-060302. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Harris, Carder, White, Bestpitch
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION
RESOLUTIONS: None.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
COMPLAINTS-HOUSING/AUTHORITY: Council MemberWhite called attention
to inquiries regarding the issue of screen doore at the Lincoln Terrace Housing
Development; whereupon, David E. Baldwin, Director of Special Projects, Roanoke
Redevelopment and Housing Authority, advised that an agreement has been reached
with the Resident Council that the Housing Authority will install, initially and as
funding is available, screen doors on the back doors of apartments, and if funds
become available in the future, consideration will be given to installing screen doors
on the front doors of apartments. He stated that the Housing Authority has also
concurred in a recommendation of the Resident Council to provide preference
initially to senior citizens residing at Lincoln Terrace.
PIPE LINES/STORAGE TANKS-COMPLAINTS-FIRE DEPARTMENT-WATER
RESOURCES: Council Member Hudson referred to the loss of water pressure in the
northwest area of the City of Roanoke over the weekend as a result of the storm that
occurred on Saturday, June 1. He called attention to a report that the City's one and
only water tanker was out of service, and inquired as to the status of the tanker.
The City Manager explained that the water pressure issue was the result of an
air leak at one of the pumping stations which was caused by a valve that did not
automatically open. She advised that she would respond at a later time to
Mr. Hudson's inquiry regarding the status of the water tanker.
TRAFFIC-LEGISLATION-TELEPHONE EQUIPMENT: Vice-Mayor Carder
addressed the issue of cellular telephones and requested that the matter of
prohibiting the use of cellular telephones while operating a motor vehicle in the City
of Roanoke be referred to the City's Legislative Committee for study, report and
recommendation to Council.
COMPLAINTS-SPECIAL PERMITS-DOWNTOWN ROANOKE, INCORPORATED-
FESTIVAL IN THE PARK-STREETS AND ALLEYS: Mr. Carder spoke as a citizen and
a business person working in the downtown Roanoke area. He referred to instances
during the past four years when the streets surrounding the Patrick Henry Hotel
have been barricaded for special activities, resulting in inconvenience to hotel staff
and patrons and loss of revenue to the hotel. He stated that by discussing the
matter publicly, it is hoped that the City will review parade permits, city-wide, to
ensure that area businesses are properly and timely notified of street closings.
BUDGET-FIRE DEPARTMENT-SNOW REMOVAL-SCHOOLS-STREETS AND
ALLEYS: Council Member Wyatt referred to an article in The Roanoke Times on
Monday, June 3, 2002, comparing, among other things, Roanoke City and Roanoke
County with regard to education expenditures. She explained that the newspaper
article reports a disparity between the amount of funds that Roanoke City spends for
education (24 per cent), as opposed to Roanoke County (49 per cent) of the budget.
She advised that Roanoke County receives State subsidized road, street
maintenance and snow removal funds, as compared to the City of Roanoke which
fully funds such services; also, the City of Roanoke funds a full-time Fire
Department, compared to a large percentage of the County's Fire Department being
staffed by volunteers, all of which points out that there is a disparity in funding.
COMMITTEES-ROANOKE CIVIC CENTER-SCHOOLS: Council Member Wyatt
called attention to concerns expressed by parents with regard to City of Roanoke
high school graduation ceremonies which are held in the Auditorium at the Roanoke
Civic Center, and limits the number of guests per graduate. She suggested that the
matter be referred to the next joint meeting of Council and the Roanoke City School
Board for discussion.
PAY PLAN-CITY EMPLOYEES: Council Member Wyatt requested a report on
the City's Pay for Performance Program, i.e.: a comparison between 2001-02 of
percentages within departments, number of persons in departments, and changes
in ratings, etc.
CITY EMPLOYEES: Council Member Wyatt requested that Council approve
July 5, 2002, as a floating holiday for City employees.
Following discussion, it was the consensus of Council to refer the matter to
the City Manager for report and preparation of the proper measure for consideration
by Council at its next regular meeting on Monday, June 17, 2002.
CITY MARKET: Council Member Wyatt referred to a communication from a
Roanoke County resident forwarding copy of a newspaper article from The Sunday
Gazette, Schenectady, New York, regarding the many assets of the Roanoke City
Market.
CITY MANAGER COMMENTS:
SCHOOLS-WATER RESOURCES: The City Manager presented copy of a
publication entitled, "Every Drop Counts," which was included in a recent edition of
The Roanoke Times, and sponsored by The Roanoke Times, True Value Hardware,
and the City of Roanoke. She advised that the publication was provided to every
child in the Roanoke City Public School system encouraging them to participate in
a contest on water conservation and to learn at an early age the importance of water
as a natural resource.
PUBLIC WORKS DEPARTMENT-ECONOMIC DEVELOPMENT-BUDGET-CITY
EMPLOYEES-SCHOOLS: The City Manager referred to the remarks of Council
Member Wyatt concerning the newspaper article comparing Roanoke City and
Roanoke County in regard to disparity in funding. She advised that in addition to the
percentages of funding and differences in services, it should be noted that the City
of Roanoke's minimum hourly rate for employees has been increased and
represents a higher entry level hourly rate than Roanoke County offers to its
employees. She further advised that several years ago, the State initiated law
enforcement funding in exchange for a decision that cities would no longer annex
properties, which limited the City of Roanoke's ability to secure land for additional
economic development purposes, and although the State has not kept pace with
educational funding and other types of funding, it has provided funds for law
enforcement.
ARMORY/STADIUM-ROANOKE CIVIC CENTER: The City Manager referred to
remarks of Ms. Evelyn D. Bethel with regard to the stadium/amphitheater project, and
clarified that of the $9 million referenced in a recent newspaper article, only a small
portion is directly related to the stadium/amphitheater project, and the $9 million
refers to all projects included in the City's approved Capital Improvements Program.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised
that Council sets this time as a priority for citizens to be heard; and matters
requiring referral to the City Manager will be referred immediately for response,
report and recommendation to Council.
COMPLAINTS: Mr. Robert D. Gravely, 619 Hanover Avenue, N. W., addressed
Council with regard to lack of funding for City services/programs, lack of cleanliness
in the City of Roanoke, the City's high crime rate, and the need for more jobs for
young people.
ZONING-COMPLAINTS-REFUSE COLLECTION: Ms. Helen E. Davis, 35 Patton
Avenue, N. E., addressed Council with regard to respect for each other and for the
citizens of the City of Roanoke. She advised that the refuse collection issue has not
been resolved, and the new refuse collection program is not working in the
northwest section of the City. She requested that Council help citizens, specifically,
Mr. Michael Wells, a small businessman, who wishes to expand his car washing
facility, and if there are issues of concern in connection with Mr. Wells' business,
they should be brought to the attention of the appropriate City departments.
COMPLAINTS-ARMORY/STADIU M-HOUSING/AUTHORITY-ROANOKE CIVIC
CENTER: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern that the
Roanoke Redevelopment and Housing Authority received over $20 million for
rehabilitation of Lincoln Terrace apartments; however, the Housing Authority
advises that there are not sufficient funds to provide screen doors for both the front
and back doors of Lincoln Terrace apartments. She stated that screen doors are a
necessity for health and safety purposes, and spoke in support of the City of
Roanoke intervening by providing screen doors for Lincoln Terrace residents. She
referred to a recent newspaper article advising that over $9 million will be expended
for consulting fees for a stadium/amphitheater project, and inquired if citizens have
been properly notified of informal meetings to provide input regarding the issue.
She requested that the $9 million be withdrawn and that plans for the
stadium/amphitheater project also be withdrawn until meetings are held to properly
inform citizens.
BONDS/BOND ISSUES-BUDGET-FLOOD REDUCTION/CONTROL-WATER
RESOURCES: M. Rupert Cutler, Council Member-Elect, addressed Council in
connection with a communication from the City Manager and the Director of Finance
recommending transfer of funds between various accounts within the Roanoke River
Flood Reduction Projects and Series 2002 Public Improvements Bond Reserve
Account. He expressed concern regarding the environmental impact of the Roanoke
River Flood Reduction Project, and asked that before Council makes an irreversible
commitment to the U. S. Army Corp of Engineers' structural approach to reducing
future flood peaks on the Roanoke River and its tributaries in Roanoke, that Council
again review non-structural alternatives that would save the River's beauty and
recreation value, including its value for canoeing and fishing. He advised that the
City is presently discussing the issue of creating a Regional Water Authority, and
asked that regional flood reduction planning be included, within the purview of the
Water Authority, to provide citizens with the most efficient, least environmentally
damaging means of addressing all of the City's water related responsibilities.
At 4:35 p.m., the Mayor declared the meeting in recess for continuation of one
Closed Session and two additional Closed Sessions.
At 5:50 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Carder, Bestpitch, Wyatt and Mayor
Smith ............................................................................................................ 5.
NAYS: None .......................................................................................... 0.
(Council Members Harris and White were absent.)
COMMITTEES-HOUSING/AUTHORITY: The Mayor advised that there is a
vacancy on the Fair Housing Board created by the resignation of Mary A. Rogers,
and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Sherman V. Burroughs, IV.
There being no further nominations, Mr. Burroughs was appointed as a
member of the Fair Housing Board, for a term ending March 31, 2003, by the
following vote:
FOR MR. BURROUGHS: Council Members Hudson, Carder, Bestpitch, Wyatt
and Mayor Smith ............................................................................................ 5.
(Council Members Harris and White were absent.)
COMMITTEES-PERSONNEL DEPARTMENT: The Mayor advised that the terms
of office of Edward L. Crawford, Jr., I. B. Heinemann and Lylburn D. Moore, Jr., as
members of the Personnel and Employment Practices Commission will expire on
June 30, 2002, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of I. B. Heinemann and Lylburn D.
Moore, Jr.
There being no further nominations, Messrs. Heinemann and Moore were
reappointed as members of the Personnel and Employment Practices Commission,
for terms ending June 30, 2005, by the following vote:
FOR MESSRS. HEINEMANN AND MOORE: Council Members Hudson, Carder,
Bestpitch, Wyatt and Mayor Smith ................................................................... 5.
(Council Members Harris and White were absent.)
COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the
terms of office of Frank J. Eastburn, Anna S. Wentworth, Mary S. Neal, Brook E.
Dickson and Susan W. Jennings as members of the Roanoke Arts Commission will
expire on June 30, 2002, Ms. Dickson is ineligible to serve another term, and called
for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Frank J. Eastburn and Anna S.
Wentworth.
There being no further nominations, Mr. Eastburn and Ms. Wentworth were
reappointed as members of the Roanoke Arts Commission, for terms ending
June 30, 2005, by the following vote:
FOR MR. EASTBURN AND MS. WENTWORTH: Council Members Hudson,
Carder, Bestpitch, Wyatt and Mayor Smith ........................................................ 5.
(Council Members Harris and White were absent.)
COMMITTEES-SCHOOLS: The Mayor advised that the terms of office of
Margaret M. Grayson and Harriet S. Lewis as members of the Virginia Western
Community College Board will expire on June 30, 2002, Ms. Grayson is ineligible to
serve another term, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Harriet S. Lewis.
There being no further nominations, Ms. Lewis was reappointed as a member
of the Virginia Western Community College, Board of Directors, for term ending
June 30, 2006, by the following vote:
FOR MS. LEWIS: Council Members Hudson, Carder, Bestpitch, Wyatt
and Mayor Smith ............................................................................................. 5.
(Council Members Harris and White were absent.)
27
POLICE DEPARTMENT-COMMITTEES-TOWING CONTRACT: The Mayor
advised that the terms of office of Robert R. Young and Christine Proffitt as
members of the Towing Advisory Board will expire on June 30, 2002, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Robert R. Young and Christine
Proffitt.
There being no further nominations, Mr. Young and Ms. Proffitt were
reappointed as members of the Towing Advisory Board, for terms ending
June 30, 2005, by the following vote:
FOR MR. YOUNG AND MS. PROFFITT: Council Members Hudson, Carder,
Bestpitch, Wyatt and Mayor Smith ................................................................... 5.
(Council Members Harris and White were absent.)
COMMITTEES-PENSIONS: The Mayor advised that the terms of office of
David C. Key, D. Duane Dixon and Cyril J. Goens as members of the City of Roanoke
Pension Plan, Board of Trustees, will expire on June 30, 2002, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of David C. Key, D. Duane Dixon
and Cyril J. Goens (position rotates between Police and Fire Department).
There being no further nominations, Messrs. Key and Dixon were reappointed
for terms ending June 30, 2006, and Mr. Goens was appointed for a term ending
June 30, 2004, as members of the City of Roanoke Pension Plan, Board of Trustees,
by the following vote:
FOR MESSRS. KEY, DIXON AND GOENS: Council Members Hudson, Carder,
Bestpitch, Wyatt and Mayor Smith ................................................................... 5.
(Council Members Harris and White were absent.)
FIRE DEPARTMENT-COMMITTEES: The Mayor advised that the terms of office
of Harry F. Collins and John C. Moody, Jr., as members of the Board of Fire Appeals
will expire June 30, 2002, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names Harry F. Collins and John C.
Moody.
There being no further nominations, Messrs. Collins and Moody were
reappointed as members of the Board of Fire Appeals, for terms ending
June 30, 2006, by the following vote:
FOR MESSRS. COLLINS AND MOODY: Council Members Hudson, Carder,
Bestpitch, Wyatt and Mayor Smith ................................................................... 5.
(Council Members Harris and White were absent.)
COMMITTEES-GREENWAY SYSTEM: The Mayor advised that the term of office
of Barry W. Baird as a member of the Roanoke Valley Greenway Commission will
expire on June 30, 2002, and called for nominations to fill the vacancy.
Ms. Wyatt placed in nomination the name of Barry W. Baird.
There being no further nominations, Mr. Baird was reappointed as a member
of the Roanoke Valley Greenway Commission for a term ending June 30, 2005, by
the following vote:
FOR MR. BAIRD: Council Members Hudson, Carder, Bestpitch, Wyatt
and Mayor Smith ............................................................................................ 5.
(Council Members Harris and White were absent.)
COMMITTEES-LIBRARIES: The Mayor advised that the terms of office of
JoAnn F. Hayden, Roland H. Macher and Stanley G. Breakell as members of the
Roanoke Public Library Board will expire on June 30, 2002, Ms. Hayden has declined
to serve another term, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Roland H. Macher and Stanley G.
Breakell.
There being no further nominations, Messrs. Macher and Breakell were
reappointed as members of the Roanoke Public Library Board for terms ending
June 30, 2005, by the following vote:
MESSRS. MACHER AND BREAKELL: Council Members Hudson, Carder,
Bestpitch, Wyatt and Mayor Smith ................................................................... 5.
(Council Members Harris and White were absent.)
HUMAN DEVELOPMENT-COMMITTEES: The Mayor advised that the terms of
office of The Reverend Frank W. Feather, Pam Kestner-Chappelear, Margaret C.
Thompson, Evelyn F. Board, Judy O. Jackson, Cynthia S. Bryant, and Glenn D.
Radcliffe as members of the Human Services Committee will expire on
June 30, 2002, and called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Margaret C. Thompson, Evelyn F.
Board, Judy O. Jackson, Cynthia S. Bryant and Glenn D. Radcliffe.
There being no further nominations, Ms. Thompson, Ms. Board, Ms. Jackson,
Ms. Bryant and Mr. Radcliffe were reappointed as members of the Human Services
Committee for terms ending June 30, 2003, by the following vote:
FOR MS. THOMPSON, MS. BOARD, MS. JACKSON, MS. BRYANT AND
MR. RADCLIFFE: Council Members Hudson, Carder, Bestpitch, Wyatt and Mayor
Smith ............................................................................................................ 5.
(Council Members Harris and White were absent.)
COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the
terms of office of R. H. Bennett, Bill Tanger, Lucian Y. Grove, Kathy S. Hill, Mack D.
Cooper, II, E. L. Noell, Dennis Tinsley, Read A. Lunsford, and Edgar V. Wheeler as
members of the Flood Plain Committee will expire on June 30, 2002, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Lucian Y. Grove, Kathy S. Hill,
Mack D. Cooper, II, E. L. Noell, Dennis Tinsley, Read A. Lunsford, Edgar V. Wheeler,
and Sandra B. Kelly.
There being no further nominations, Messrs. Grove, Cooper, Noell, Tinsley,
Lunsford, Wheeler, and Ms. Hill were reappointed and Ms. Kelly was appointed as
members of the Flood Plain Committee for terms ending June 30, 2003, by the
following vote:
FOR MESSRS. GROVE, COOPER, NOELL, TINSLEY, LUNSFORD, WHEELER,
MS. HILL AND MS. KELLY: Council Members Hudson, Carder, Bestpitch, Wyatt
and Mayor Smith ............................................................................................ 5.
(Council Members Harris and White were absent.)
COMMITTEES-WAR MEMORIAL: The Mayor advised that the terms of office of
Chris Slone, Robert O. Gray, Harold H. Worrell, Jr., Sloan H. Hoopes and Alfred C.
Moore as members of the War Memorial Committee will expire June 30, 2002, and
called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the name of Alfred C. Moore.
of the
vote:
There being no further nominations, Mr. Moore was reappointed as a member
War Memorial Committee for a term ending June 30, 2003, by the following
FOR MR. MOORE: Council Members Hudson, Carder, Bestpitch, Wyatt
and Mayor Smith ............................................................................................ 5.
(Council Members Harris and White were absent.)
3O
PARKS AND RECREATION-COMMITTEES: The Mayor advised that the terms
of office of E. C. Pace, III, William R. Dandridge, Carl H. Kopitzke, Steven Higgs,
Richard Clark, Eddie Wallace, Jr., Betty Field and Michael A. Loveman as members
of the Mill Mountain Advisory Committee will expire on June 30, 2002, and called for
nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Steven Higgs, Richard Clark,
Eddie Wallace, Jr., Betty Field and Michael A. Loveman.
There being no further nominations, Messrs. Higgs, Clark, Wallace, Loveman
and Ms. Field were reappointed as members of the Mill Mountain Advisory
Committee for terms ending June 30, 2003, by the following vote:
FOR MESSRS. HIGGS, CLARK, WALLACE, LOVEMAN AND MS. FIELD: Council
Members Hudson, Carder, Bestpitch, Wyatt and Mayor Smith ............................ 5.
(Council Members Harris and White were absent.)
COMMITTEES-SPECIAL EVENTS: The Mayor advised that the terms of office
of Sharon Metzler, Estelle H. McCadden, David W. Davis, III, William X Parsons,
Dorothy L. Bull, Rodney E. Lewis, Amy W. Peck, Linda Gravely, Sherley E. Stuart,
Kathy Wilson, Sabrina T. Law, H. Marie Muddiman, Cynthia D. Jennings, and Gloria
Elliot as members of the Special Events Committee will expire on June 30, 2002, and
called for nominations to fill the vacancies.
Ms. Wyatt placed in nomination the names of Estelle H. McCadden, David W.
Davis, III, William X Parsons, Dorothy L. Bull, Rodney E. Lewis, Amy W. Peck, Linda
Gravely, Sherley E. Stuart, Kathy Wilson, Sabrina T. Law, H. Marie Muddiman,
Cynthia D. Jennings, and Gloria Elliot.
There being no further nominations, Messrs. Davis, Parsons, Lewis,
Ms. McCadden, Ms. Bull, Ms. Peck, Ms. Gravely, Ms. Stuart, Ms. Wilson, Ms. Law,
Ms. Muddiman, Ms. Jennings and Ms. Elliot were reappointed as members of the
Special Events Committee, for terms ending June 30, 2003, by the following vote:
FOR MESSRS. DAVIS, PARSONS, LEWIS, MS. MCCADDEN, MS. BULL,
MS. PECK, MS. GRAVELY, MS. STUART, MS. WILSON, MS. LAW, MS. MUDDIMAN,
MS. JENNINGS AND MS. ELLIOT: Council Members Hudson, Carder, Bestpitch,
Wyatt and Mayor Smith ..................................................................................... 5.
(Council Members Harris and White were absent.)
COMMITTEES-METROPOLITAN TRANSPORTATION DISTRICT: The Mayor
advised that the terms of office of William D. Bestpitch and Sherman A. Holland as
members of the Roanoke Valley Area Metropolitan Planning Organization will expire
on June 30, 2002, and called for nominations to fill the vacancies.
3]
Ms. Wyatt placed in nomination the names of William D. Bestpitch and
Sherman A. Holland.
There being no further nominations, Messrs. Bestpitch and Holland were
reappointed as members of the Roanoke Valley Area Metropolitan Planning
Organization for terms ending June 30, 2005, by the following vote:
MESSRS. BESTPITCH AND HOLLAND: Council Members Hudson, Carder,
Bestpitch, Wyatt and Mayor Smith ................................................................... 5.
(Council Members Harris and White were absent.)
FIRE DEPARTMENT-COMMITTEES-SPECIAL EVENTS: It was the consensus
of Council to waive the City residency requirement for Harry F. Collins, Sr., as a
member of the Board of Fire Appeals; and Gloria Elliot as a member of the Special
Events Committee.
There being no further business, the Mayor declared the meeting adjourned
at 5:55 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
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
July 15, 2002
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I would like to request a Closed Meeting to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended.
Sincerely,
~alph K. Smith
Mayor
RKS:sm
N:\CKSM~GENDA.02\CLOSED SESSION ON VACANCIES.DOC
Office of the City Manager
July 15, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to discuss the disposition
of publicly-owned property pursuant to §2.2-3711 .A.3, Code of Virginia (1950), as amended.
DLB/f
Sincerely,
City Manager
CC:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
C:~ly Documents\Council~Misc 02\l-hmclodispo071502. I .doc
I~oom 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoko,va,us
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
July 18, 2002
File #15-110-326
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Wayne G. Strickland, Secretary
Roanoke Valley Area Metrop. olitan Planning Organization
Roanoke Valley-Alleghany Regional Commission'
313 Luck Avenue, S. W.
Roanoke, Virginia 24010
Dear Mr. Strickland:
This is to advise you that William D. Bestpitch has qualified as a member of the Roanoke
Valley Area Metropolitan Planning Organization for a term ending June 30, 2005.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
H:LAgenda.02XJuiy 15, 2002 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William D. Bestpitch, 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 Area Metropolitan Planning
Organization, for a term ending June 30, 2005, according to the best of my ability.
Subscribed and sworn to before me this 2 ~ day of ~'~j-~ 2002.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #15-110-178
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Dolores C. Daniels, Secretary
Fair Housing Board
Roanoke, Virginia
Dear Ms. Daniels:
This is to advise you that Sherman V. Burroughs, IV, has qualified as a member of the Fair
Housing Board for a term ending March 31,2003.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
H:XAgenda.02XJuly 15, 2002 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sherman V. Burroughs, IV, 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 Fair Housing Board for a term ending
March 31,2003, according to the best of my ability.
Subscribed and sworn to before me this ,-~,~'-day of~~__
ARTHUR B. CRUSH, III, CLERK
2002.
, DEPUTY CLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #15-110-429
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall, Secretary
City of Roanoke Pension Plan,
Board of Trustees
Roanoke, Virginia
Dear Mr. Hall:
This is to advise you that Cyril J. Goens has qualified for a term ending June 30, 2004,
and David C. Key has qualified for a term ending June 30, 2006, as members of the
City of Roanoke Pension Plan, Board of Trustees.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Cyril J. Goens, 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 City of Roanoke Pension Plan, Board of Trustees, for a term ending
June 30, 2004, according to the best of my ability.
Subscribed and sworn to before me this I ~ day of -~ u I ,i
2002.
ARTHUR B. CRUSH, III, CLERK
BY , DEPUTY CLERK
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, David C. Key, 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 City of Roanoke Pension Plan, Board of Trustees, for a term ending
June 30, 2006, according to the best of my ability.
Subscribed and sworn to before me this I L3 day of ~--~ {~
2002.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #15-110-230
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Judith M. St. Clair, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Mrs. St. Clair:
This is to advise you that Frank J. Eastburn and Anna S. Wentworth have qualified as
members of the Roanoke Arts Commission for terms ending June 30, 2005.
Sincerely,
Deputy City Clerk
SMM:mh
N:\CKMH1V~,genda.02~July 15, 2002 correspondence.wpd
'02 AIL-2 /~11:38
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Frank J. Eastburn, 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 Arts Commission for a term ending
June 30, 2005, according to the best of my ability.
Subscribed and sworn to before me this/~"7"'-day of~q/~
20O2.
ARTHUR ~R.R. USH, III, CLERK
, DEPUTY CLERK
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Anna S. Wentworth, 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 Arts Commission for a term ending
June 30, 2005, according to the best of my ability.
Subscribed and sworn to before me this ~ day of ~.~.~ 2002.
ARTHUR B. CRUSH, III, CLERK
BY
, DEPUTY CLERK
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
July 18, 2002
File #15-110-379
Brian M. Shepard, Secretary
Roanoke Valley Greenway Commission
418 Fugate Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Shepard:
This is to advise you that Barry W. Baird has qualified as a member of the Roanoke Valley
Greenway Commission for a term ending June 30, 2005.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Barry W. Baird, 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 Greenway Commission, for a term ending
June 30, 2005, according to the best of my ability.
Subscribed and sworn to before me this c/ day of ~-ul~ 2002.
ARTHUR B. CRUSH, III, CLERK
BY '"'/. _~~
,DEPUTYCLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #226-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35971-071502 authorizing the City Manager to enter
into'the 2002-2003 Community Development Block Grant subgrant agreement with Total
Action Against Poverty and any necessary amendments thereto to Provide emergency
home repair services for eldedy and disabled homeowners.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, P. O. Box
2868, Roanoke, Virginia 24001
Jesse A. Hall, Director of Finance
Vickie S. Tregubov, Budget/Management Analyst
H:kAgenda.02k/uly 15, 2002 correspondence.wpd
Office of the City Manager
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Authorize Execution of
2002/03 Community
Development Block Grant
(CDBG) Subgrant
Agreement with Total
Action Against Poverty
(TAP)
Background:
Historically, TAP has received Community Development Block Grant (CDBG) funds from
the City to provide emergency home repair services for elderly and disabled homeowners.
On May 13, 2002, City Council authorized funding for emergency home repair services to
elderly and disabled homeowners by Resolution No. 35848-051302, which approved
submission of the City's 2002-2003 Consolidated Plan Action Plan to the U.S. Department
of Housing and Urban Development (HUD). On June 17, 2002, City Council accepted the
2002-03 CDBG funds by Budget Ordinance No. 35914-061702 and Resolution No. 35915-
061702.
Considerations:
In order to provide funding for TAP to provide emergency home ;~epairs to eldedy and
disabled homeowners approved in the City's Consolidated Plan, City Council's
authorization is needed to execute a subgrant agreement with TAP. Funding is available in
Account No. 035-G03-0320-5080 in the amount of $100,000.00.
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAO((540) 853-1138
CityWeb:www. ci.roanoke.va.us
Honorable Mayor and Members of Council
July 15, 2002
Page 2
Recommended Action:
Authorize the City Manager to execute a CDBG Subgrant Agreement with the TAP, similar
in content to Attachment 1.
Respectfully submitted,
City Manager
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Vickie S. Tregubov, Budget/Management Analyst
CM02-00148
AGREEMENT
THIS AGREEMENT, is made and entered into this
between the following parties:
__ day of July 2002, by and
The Grantee -
City of Roanoke
215 Church Avenue SW
Roanoke, VA 24011
and the Subgrantee -
Total Action Against Poverty
In the Roanoke Valley, Inc.
P.O. Box 11683
Roanoke, VA 24022-1683
WHEREAS, Roanoke City Council approved by Ordinance No. XXXXX-0617902
and Resolution No. XXXXX-061702, adopted June 17, 2002, the 2002 budget for the
Community Development Block Grant (CDBG) Program, and the Annual Update to the
Consolidated Plan, wherein One Hundred Thousand and 00/100 Dollars ($100,000)of
CDBG funds allocated to the Helping Elderly Live Pleasantly (HELP) program is
available for program use; and
WHEREAS, TAP is experienced in providing services to and on behalf of citizens
of Iow and moderate income, including verifying general eligibility of assistance
programs, and in performing or arranging for the performance of residential repair and
rehabilitation, and is the sole agency authorized to administer the Federally-funded
HELP program in the City of Roanoke; and
WHEREAS, the United States Department of Housing and Urban Development
("HUD") has declared the use of CDBG funds for this purpose to be an eligible activity if
carried out in accordance with applicable federal, state, and local statutes and
regulations;
NOW, THEREFORE, the City and TAP do mutually agree as follows:
1. SCOPE OF SERVICES:
To provide emergency repairs to approximately 60 homes of eldedy very Iow-
income homeowners throughout the City of Roanoke, not including the SE quadrant
of the City. The repairs will serve to improve each house and the neighborhood
stock. Under this program, repairs to houses will address such problems as falling
plaster, broken water lines, holes in roofs and the repair and/or replacement of
furnaces.
The Subgrantee will contract out for all repair work. All Contractor(s) on this project
will be properly licensed and insured. Work will be contracted out on a bid basis,
TAP HELP Agreement
Page 2
with the lowest bidder, consonant with experience and qualifications selected.
Objectives for this program are as follows:
Objective 1.
By June 30, 2002, sixty (60) elderly and disabled households will
be assisted with emergency home repairs thereby improving their
overall safety and health and allowing them to continue living
independently in their homes.
By September 30:
Obiective 1 - Twenty (20) clients will receive the following services:
By phone, verify program and income eligibility;
Complete formal applications;
Contractor and Services Coordinator will make a home visit
to assess damages, take pictures and make cost estimates;
Execution of contracts for repair work;
Contractor completes the work for the 20 clients;
Following completion of work, Service Coordinator will
inspect the job, take pictures and have client complete client
response form;
Payment will be make to contractor following successful
inspection of the job.
By December 31'
Obiective 1 - The next ten (10) clients will receive the following services:
By phone, verify program and income eligibility;
Complete formal applications;
Contractor and Services Coordinator will make a home visit
to assess damages, take pictures and make cost estimates;
Execution of contracts for repair work;
Contractor completes the work for the 10 clients;
Following completion of work, Service Coordinator will
inspect the job, take pictures and have client complete client
response form;
Payment will be make to contractor following successful
inspection of the job.
By March 31'
Obiective 1 - The next ten (10) clients will receive the following services:
By June 30:
TAP HELP Agreement
Page 3
By phone, verify program and income eligibility;
Complete formal applications;
Contractor and Services Coordinator will make a home visit
to assess damages, take pictures and make cost estimates;
Execution of contracts for repair work;
Contractor completes the work for the 10 clients;
Following completion of work, Service Coordinator will
inspect the job, take pictures and have client complete client
response form;
Payment will be make to contractor following successful
inspection of the job.
Objective 1 - Twenty (20) clients will receive the following services:
By phone, verify program and income eligibility;
Complete formal applications;
Contractor and Services Coordinator will make a home visit
to assess damages, take pictures and make cost estimates;
Execution of contracts for repair work;
Contractor completes the work for the 20 clients;
Following completion of work, Service Coordinator will
inspect the job, take pictures and have client complete client
response form;
Payment will be make to contractor following successful
inspection of the job.
2. TIME OF PERFORMANCE:
This agreement shall be for the period of July 1,2002 through June 30, 2003.
3. BUDGET:
The City of Roanoke will provide $100,000 in CDBG funds for the Helping Eldedy
Live Pleasantly (HELP) Program. The Community Development Block Grant funds
will be used only for eligible repairs to homes occupied by very Iow-moderate
income households throughout the City, not including the SE quadrant in
accordance with the Helping Elderly Live Pleasantly (HELP) program guidelines.
4 PAYMENT SCHEDULE and PROCEDURES:
The total of all payments from the City to TAP under the terms of this contract shall
not exceed $100,000, including materials, expenses to
building permits, and any other allowable costs.
TAP HELP Agreement
Page 4
TAP's subcontractors,
This is a cost reimbursement contract. Requests for payment will be submitted to
the Department of Management and Budget for review and approval. Funds will be
disbursed monthly, as needed. Payment shall be made to the Subgrantee within
ten (10) days from date of receipt of the request for payment, subject to the
approval of the Grantee. Approval of each payment request will be subject to CDBG
eligibility, and a copy of invoices and all other documents and records required by
the City's Department of Management and Budget.
The Grantee reserves the right to refuse payment to the Subgrantee in the event
that the Subgrantee submits a payment request more than thirty (30) calendar days
after the expiration date of the Agreement.
5. INDEMNIFICATION:
Subgrantee agrees and binds itself and its successors and assigns to indemnify,
keep hold the City and its officers, employees, agents, volunteers and
representatives free and harmless from any liability on account of any injury or
damage of any type to any person or property growing out of or directly or indirectly
resulting from any act or omission of Subgrantee including: (a) Subgrantee's use of
the streets or sidewalks of the City or other public property; (b) the performance
under this Agreement; (c) the exercise of any right or privilege granted by or under
this Agreement; or (d) the failure, refusal or neglect of Subgrantee to perform any
duty imposed upon or assumed by Subgrantee by or under this Agreement. In the
event that any suit or proceeding shall be brought against the City or any of its
officers, employees, agents, volunteers or representatives at law or in equity, either
independently or jointly with Subgrantee on account thereof, Subgrantee upon
notice given to it by the City or any of its officers, employees, agents, volunteers or
representatives, will pay all costs of defending the City or any of its officers,
employees, agents, volunteers or representatives in any such action or other
proceeding. In the event of any settlement or any final judgment being awarded
against the City or any or its officers, employees, agents, volunteers or
representatives, either independently or jointly with Subgrantee then Subgrantee
will pay such settlement or judgment in full or will comply with such decree, pay all
costs and expenses of whatsoever nature and hold the City or any of its officers,
employees, agents, volunteers or representatives harmless therefrom.
Notwithstanding the foregoing, this indemnification provision shall not apply to any
liability arising out of the negligence of the City of its officers, employees, agents,
volunteers and representatives.
6. COMPLIANCE WITH FEDERAL REGULATIONS:
The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set
TAP HELP Agreement
Page .5
forth in Attachment A and all other applicable federal regulations relating to specific
programs performed hereunder. Further, the Subgrantee agrees to require
compliance with applicable federal regulations of the contractor by agreement.
7. UNIFORM ADMINISTRATIVE REQUIREMENTS:
The Subgrantee shall comply with the requirements and standards of OMB Circular
No. A-122, "Cost Principles for Non Profit Organizations" and with OMB Circular
No. A-110.
8. PROGRAM INCOME:
"Program income" means gross income received by the Grantee or Subgrantee
directly generated from the use of CDBG funds. No program income is expected.
9. RECORDS AND REPORTS:
The Subgrantee shall maintain full and accurate records with respect to all matters
covered under this Agreement. All records pertaining to this Agreement and the
services performed pursuant to it, shall be retained for a period of four (4) years
after the expiration date of this Agreement or its amendments. Appropriate City
and/or HUD personnel shall have free access to those records during the
Agreement duration and the following four-year time period.
10. CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed official of TAP, who is in a
position to participate in a decision-making process or gain inside information with
regard to any CDBG activity, may obtain a personal or financial interest in any
contract, subcontract or agreement with respect thereto, or in the proceeds
thereunder, either for themselves, their family or business associates, during their
tenure or for one (1) year thereafter.
11. SUSPENSION AND TERMINATION
Suspension or termination may occur if the Subgrantee materially fails to comply
with any term of this award, and the award may be terminated for convenience by
the Grantee or Subgrantee upon written notification to the awarding agency (HUD),
setting forth the reasons for such termination, the effective date, and in the case of
partial termination, the portion to be terminated.
12. SECTION 504:
The Subgrantee agrees to comply with any federal regulation issued pursuant to
13.
14.
15.
TAP HELP Agreement
Page 6
compliance with the Section 504 of the Rehabilitation Act of 1973, as amended
which prohibits discrimination against the disabled in any federal assisted program.
FAITH-BASED ORGANIZATIONS:
Pursuant to §2.2-4343.1 of the Code of Virginia (1950), as amended, the City of
Roanoke does not discriminate against faith-based organizations.
EMPLOYMENT DISCRIMINATION PROHIBITED:
Pursuant to §23.1-20 of the Code of the City of Roanoke (1979), as amended, this
Agreement being valued at over ten thousand dollars ($10,000.00), the
Subgrantee shall be subject to the following:
(1)
During the performance of this Agreement, the Subgrantee agrees as
follows:
The Subgrantee will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, national
origin, age, disability, or any other basis prohibited by state law relating
to discrimination in employment, except where there is a bona fide
occupational qualification reasonably necessary to the normal
operation of the Subgrantee. The Subgrantee agrees to post in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
The Subgrantee, in all solicitations or advertisements for employees
placed by or on behalf of the Subgrantee, will state that such
Subgrantee is an equal opportunity employer.
Notices, advertisement and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this section.
(2)
The Subgrantee will include the provisions of the foregoing subparagraphs
(1)(a), (b) and (c) in every subagreement, subcontract or purchase order
of over ten thousand dollars ($10,000), so that the provisions will be
binding upon each subgrantee, subcontractor or vendor.
DRUG-FREE WORKPLACE TO BE MAINTAINED:
Pursuant to §23.1-20.1 of the Code of the City of Roanoke (1979), as amended,
this Agreement being valued at over ten thousand dollars ($10,000.00), the
Subgrantee shall be subject to the following:
TAP HELP Agreement
Page 7
1. During the performance of this Agreement, the Subgrantee agrees to:
a. Provide a drug-free workplace for the Subgrantee's employees;
Post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a
controlled substance or marijuana is prohibited in the Subgrantee's
workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
State in all solicitations or advertisements for employees place by or on
behalf of the Subgrantee that the Subgrantee maintains a drug-free
workplace; and
Include the provisions of the foregoing clauses in every subagreement,
subcontract or purchase order of over ten thousand dollars
($10,000.00), so that the provisions will be binding upon each
subgrantee, subcontractor or vendor.
For the purposes of this section, "drug-free workplace" means a site for
the performance of work done in connections with a specific Agreement,
subagreement or contract awarded to the Subgrantee in accordance with
this chapter, the employees of whom are prohibited from engaging in the
unlawful manufacture, sale, distribution, dispensation, possession or use
of any controlled substance or marijuana during the performance of the
Agreement, subagreement or contract.
16. THIRD-PARTY CONTRACTS:
The Grantee shall not be obligated or liable hereunder to any party other than the
Subgrantee.
17. ANTI-LOBBYING:
To the best of the Subgrantee's knowledge and belief, no federal appropriated
funds have been paid or will be paid, by or on behalf of it, to any persons for
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an office or employee of Congress, or an employee of a
Member of congress in connections with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement. If
any funds other than Federal funds have been paid or will be paid to any person for
TAP HELP Agreement
Page 8
influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this agreement, the Subgrantee will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in
accordance with its instructions.
18. ENTIRE AGREEMENT:
This Agreement, including all of its Exhibits, represents the entire agreement
between the parties and this Agreement shall not be modified, amended, altered or
changed, except by written agreement executed by the parties.
19. GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year hereinabove written:
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By
Darlene L. Burcham, City Manager
ATTEST:
TOTAL ACTION AGAINST POVERTY
IN THE ROANOKE VALLEY, INC.
Secretary to the Board
By.
Theodore J. Edlich, III, President
Approved as to Form:
Approved as to CDBG eligibility:
Assistant City Attorney Department of Management and Budget
Appropriation and Funds Required for
this Agreement Certified:
Director of Finance
Date:
Account No. 035-G03-0320-5080
$1oo,ooo
TAP HELP Agreement
Page 9
Approved as to Execution:
Assistant City Attorney
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-236-305
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am, attaching copy of Resolution No. 35973-071502 authorizing acceptance of a Juvenile
Justice and Delinquency Prevention Title II Grant from the Department of Criminal Justice
Services for the City's Crisis Intervention Center Aggression Replacement Training and
Education Program.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
Glenn D. Radcliffe, Director, Human Services
Carol D. Wright, Juvenile Justice Administrator
H:kAgenda.02',July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 151:h day of July, 2002.
No. 35973-071502.
A RESOLUTION aUthorizing the acceptance of a Juvenile Justice and Delinquency Prevention
Title II Grant from the Department of Criminal Justice Services for the City's Crisis Intervention Center
(Sanctuary) Aggression Replacement Training and Education Program; and authorizing the execution of
the necessary documents.
BE IT RESOLVED by tile Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the Juvenile Justice and Delinquency Prevention Title
II Grant fi'om the Department of Criminal JustiCe Services (Grant No. 03-D3256JJ02), in the amount of
$35,143.00, to be used for the City's Crisis Intervention Center's (Sanctuary) Aggression Replacement
Training and Education Program, as set out and described in the City's application for said grant, and as
more particularly set forth in the City Manager's letter to this Council dated July 15, 2002.
2. The City Manager is hereby authorized to execute any and all requisite documents,
including any documents providing for indemnification by the City as are required for the City's
acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional
information as may be required in connection with the City's acceptance of this grant.
3. The City Manager is further directed to furnish such additional information as may be
required by the Department of Criminal Justice Services in connection with the City's acceptance of the
grant.
ATTEST:
City Clerk.
H: ~'1~'~0 LLrl'lONSXR'O~t42riu~u~ic~-S~acU~y (7- I
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-236-305
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35972-071502 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$35,143.00, in connection with the City's Crisis Intervention Center Aggression
Replacement Training and Education Program; and dispensing with the second reading
by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
Glenn D. Radcliffe, Director, Human Services
Carol D. Wright, Juvenile Justice Administrator
H:La, genda.02Lluly 15, 2002 correspondence.wpd
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35972-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance;
BE IT ORDAINED by .the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
ADDroprlation~
Health and Welfare
Aggression Replacement Training and Education Program
FY03 (1-12).
Revenues
3,369,753
35,143
Health and Welfare
Aggression Replacement Training and Education Program
· FY03 (13) ...............................................
i) Regular Salades
2) Temporary
Employees
3) ICMA
4) ICMA Match
5) FICA
6) Medical Insurance
7) Dental Insurance
8) Life Insurance
9) Disability Insurance
10) Telephone-Cellular
11) Administrative
Supplies
12) Local Mileage
13) State Grant Receipts
(035-630-5097-1002) $ 18,835
(035-630-5097,1004)
(035-630-5097-1115)
(035-630-5097-1116)
(035-630-5097-1120)
(035-630-5097-1125)
(035-630-5097-1126)
(035-630-5097-1130)
(035-630-5097-1131)
(035-630-5097-2021 )
5,905
1,754
650
1,943
2,748
202
185
53
1,080
(035-630-5097-2030)
(035-630-5097-2046)
(035-630-5097-5097)
782
1,006
35,143
$ 3,369,753
35,143
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Office of the City Manager
July 15, 2002'
The
The
The
The
The
The
The
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of Council:
Subject:
Acceptance of Juvenile Justice and
Delinquency Prevention (JJDP)Title II Grant
funds from the Department of Criminal Justice
Services for Sanctuary's Aggression
Replacement Training and Education Program
(ARTEP)
Background:
ARTEP is an anger control program operated by Sanctuary Crisis Intervention staff.
This program is designed to increase public safety and provide accountability to
assaultive youth. The pilot for this program had a 94% success rate and continues to
be a valuable addition to the continuum of services available in the treatment of juvenile
offenders.
ARTEP provides a less costly alternative than incarceration of juvenile offenders. This
program increases the options available to juvenile court judges.
This is the fourth year in a five-year funding cycle, with increasing local responsibility for
funding. Revenue from JJDP has decreased to 50% of the project total in this the
fourth year. Revenues from JJDP will decrease to 25% of the project total in the fifth
year, to allow for local assumption of costs. The local cash match this year is $35,143.
In FY 2003-2004, the local match will be $52,714.
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
Honorable Mayor and Members of Council
July 15, 2002
Page 2
Recommended Action(s):
Adopt a resolution accepting the $35,143 in Federal Funds from the Department of
Criminal Justice Services, Grant #03-D3256JJ02, from Sanctuary's Aggression
Replacement Training and Education Program.
Authorize the City Manager to execute the required Grant Acceptance, Request for
Funds and any other forms required by the Department of Criminal Justice Services in
order to accept these funds.
Appropriate $35,143 in state funds to revenue and expenditure accounts in the grant
fund to be established by the Director of Finance as detailed in Attachment A. The
local match for this grant is in the Crisis Intervention Center budget.
Respectfully submitted,
City Manager
DLB:tem
Attachments
C:
Rolanda A. Johnson, Assistant City Manager for Community Development
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Glenn D. Radcliffe, Director of Human/Social Services
Carol Wright, Juvenile Justice Administrator
#CM02-00157
Attachment A
ARTEP FUNDS 200212003 Account Set-up Transactions
Account No. Description Amount
Revenue 2002/2003 DCJ$ Grant $35,143
Total Revenue $35,143
Expenditures:
1002 Regular Salaries $18,835.00
1004 Temporary Employees $5,905.00
1115 ICMA $1,754.00
1116 ICMA Match $650.00
1120 FICA $1,943.00
1125 Health $2,748.00
1126 Dental $202.00
1130 Life $185.00
1131 Long term disability $53.00
2021 Cell phone $1,080
2030 Administrative Supplies $782
2046 Travel/Mileage $1,006
Total Expenditu res $35,143
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #178-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35974-071502 authorizing execution of Amendment
No. 2 to the Subgrant Agreement dated September 26, 2000, between the City and the
Northwest Neighborhood Environmental Organization, Inc., for additional funding to
develop the McCray Court Senior Living Project.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
James Lesniak, Executive Director, Northwest Neighborhood Environmental
Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016
Jesse A. Hall, Director of Finance
Vickie S. Tregubov, Budget/Management Analyst
H:~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
No. 35974-071502.
A RESOLUTION authorizing execution of Amendment No. 2 to the Subgrant
Agreement dated September 26, 2000, between the City and the Northwest Neighborhood
Environmental Organization,' Inc., for additional funding to develop the McCray Court
Senior Living Project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the Ci'ty clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, Amendment No. 2 to the Subgrant Agree. merit
dated September 26, 2000, between the City and the Northwest Neighborhood Enviromnental
Organization, Inc., for additional funding to develop the McCray Court Senior Living
Project, within the limits of funds set forth and for the purposes, specified in the City
Manager's letter to this Council dated July 15, 2002.
2. Amendment No. 2 shall be approved as to form by the City Attorney.
ATTEST:
City Clerk.
H: '~,,RS 0 LUTlON~'~l-.~aumu~21'vl~-Cr~y. w{xl
Office of the City Manager
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Amendment No. 2 to
"McCray Court Senior
Living" Subgrant
Agreement
Background:
Historically, the Northwest Neighborhood Environmental Organization (NNEO) has
received Community Development Block Grant (CDBG) funds from the City to conduct
housing and other community development projects in the Gilmer neighborhood. The
original agreement for the NNEO "McCray Court Senior Living" project was executed
September 26, 2000, and provided $300,000 in CDBG funds. On May 7, 2001, City
Council authorized funding for continued architectural and engineering and construction
costs associated with the "McCray Court Senior Living" project by Resolution No.
35319-050701, which approved the submission of the City's Annual Update to the
Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD).
On June 18, 2001, City Council accepted the 2001-2002 CDBG funds for Ordinance
No. 35406-070201 and Resolution No. 35407-061801.
On May 13, 2002, City Council authorized funding for the continued architectural and
engineering and construction costs associated with the "McCray Court Senior Living"
project by Resolution No. 35848-051302, which approved the submission of the City's
Annual Update to the Consolidated Plan to the U.S. Department of Housing and Urban
Development (HUD). On June 17, 2002, City Council accepted the 2002-2003 CDBG
funds by Ordinance No. 35914-061702 and by Resolution No. 35915-061702.
Considerations:
A second amendment to the Agreement with NNEO is necessary in order to provide the
additional funding for NNEO to continue to develop the McCray Court Senior Living
project. Funding is available in Account No. 035-G03-0337-5297 in the amount of
$277,750. This allocation will fulfill the City's financial commitment to NNEO in support
of the McCray Court Senior Living Program.
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
Honorable Mayor and Members of Council
July 15, 2002
Page 2
Recommended Action:
Authorize the City Manager to execute Amendment No. 2 to "McCray Court Senior
Living" Subgrant Agreement with NNEO, similar in content to Attachment 1.
bmitted,
Darlene L. ~
City Manager
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Vickie S. Tregubov, Budget/Management Analyst
CM02-00149
Amendment No. 2 to
2000-2001 Contract for Services
THIS AMENDMENT, entered into this day of August 2002 by and between the CITY OF
ROANOKE (Grantee) and the NORTHWEST NEIGHBORHOOD ENVIRONMENTAL
ORGANIZATION, INC. (Subgrantee).
WHEREAS, the Grantee and the Subgrantee have, by a Contract for Services under the
Community Development Block Grant (CDBG) program, dated September 26, 2000 ("Agreement"),
contracted for the provision of certain services by the Subgrantee to construct the community
services building component of a 66 unit senior rental complex in relation to the McCray Court Senior
Living program; and
WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No.
35319-050701, adopted May 7, 2001, to provide Two Hundred Seventy Seven Thousand Seven
Hundred Fifty Dollars and 00/100 ($277,750) towards the continued architectural and engineering
and construction costs associated with the community services building component of a 66-unit
senior rental complex allowing for consistency with the Scope of Services of the McCray Court Senior
Living Program Agreement; and
WHEREAS, by Resolution No. 35407-061801, Roanoke City Council approved the 2001-02
Community Development Block Grant (CDBG) program and, by Ordinance No. 35406-070201,
appropriated funds thereto.
WHEREAS, by Resolution No. 35497-080601, Roanoke City Council approved authorizing
the execution of Amendment No. 1 to a Subgrant Agreement between the City and Northwest
Neighborhood Environmental Organization dated September 26, 2000, for funding to develop the
McCray Court Senior Living Project.
WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No.
35848-051302, adopted May 13, 2002, to provide Two Hundred Seventy Seven Thousand Seven
Hundred Fifty Dollars and 00/100 ($277,750) towards the continued architectural and engineering
and construction costs associated with the community services building component of a 60-unit
senior rental complex allowing for consistency with the Scope of Services of the McCray Court Senior
Living Program Agreement; and
WHEREAS, by Resolution No. XXXXX-061702, Roanoke City Council approved the 2002-03
Community Development Block Grant (CDBG) program and, by Ordinance No. XXXXX-061702,
appropriated funds thereto.
WHEREAS, by Resolution No. XXXXX-070802, Roanoke City Council approved authorizing the
execution of Amendment No. 2 to a Subgrant Agreement between the City and Northwest
Neighborhood Environmental Organization dated September 26, 2000, for funding to develop the
McCray Court Senior Living Project.
NOW, THEREFORE, the Grantee and Subgrantee do mutually agree to amend:
Part I, Section 2, shall read as follows:
2. TIME OF PERFORMANCE:
This Agreement shall be for the period of July 1, 2000 through June 30, 2003.
Part I, Section 3, shall read as follows:
3. BUDGET:
The total amount of CDBG funds used for this project shall not exceed $855,500.00. At the
sole discretion of the Grantee, any funds remaining unexpended as of the end date of this
Agreement may be de-obligated from this Agreement and made available for other CDBG
projects, as appropriate. The award of funds for this project shall not be construed to commit
the Grantee to award other funding to this or any other project of the Subgrantee.
This Agreement shall remain unchanged in all other terms and provisions.
IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this amendment as of
the date first written above.
ATTEST:
CITY OF ROANOKE:
By. By
Mary F. Parker, City Clerk
Dadene L. Burcham, City Manager
SUBGRANTEE:
By
Witness
By
James Lesniak, Executive Director
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
Department of Management and Budget Assistant City Attorney
APPROVED AS TO EXECUTION
Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED FOR
THIS CONTRACT CERTIFIED
Director of Finance
Date:
Account No. 035-G01-0137-5297 $300,000.00
035-G02-0237-5297 $277,750.00
035-G03-0337-5297 $277,750.00
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va~us
July 18, 2002
File #373-383-468-472
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Beverly Lavender, FJroperty/Lease Administrator
Virginia PCS Alliance, L.C.
1150 Shenandoah Village Drive
Waynesboro, Virginia 22980
Dear Ms. Lavender:
I am enclosing copy of Ordinance No. 35976-071502 authorizing the proper City officials
to enter into Lease Renewal Agreements between the City and Virginia PCS Alliance, L.C.,
a Virginia Limited Liability Company also d/b/a NTELOS (Virginia PCS) to use a portion
of the following three City-owned water tanks and sites: the Washington Heights Water
Tank; the Summit Water Tank; and the Grandin Court Elevated Water Tank No. 1 (also
known as Creston Avenue Elevated Water Tank No. 1); providing that such use shall be
for placement, operation, and maintenance of personal communication system antennas
and related equipment, upon certain terms and conditions; and dispensing with the second
reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosure
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Department
Willard N. Claytor, Director, Real Estate Valuation
N:\CKMHl~Agenda.02\July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
No. 35976-071502.
AN ORDINANCE authorizing the proper City officials to enter into Lease Renewal
Agreements between the City and Virginia PCS Alliance, L.C., a Virginia Limited Liability Company
also d/b/a NTELOS (Virginia PCS) for use ora portion of the following three City owned water
tanks and sites on which those .water tanks are located: the Washington Heights Water Tank; the
Summit Water Tank; and th~ Grandin Court Elevated Water Tank No. 1 (also known as Creston
Avenue Elevated Water Tank No. 1); providin~g that such use shall be for the placement, operation,
and maintenance of personal commumcatlon system antennas and related equipment, upon certain
terms and conditions; authorizing the City Manager to take such further actions and execut6 such
additional docmnents as may be necessary to implement and administer such Agreements; and
dispensing with the second reading by title of this ordinance.
WttEREAS, the City and Virginia PCS entered into two separate Lease Agreements, one
dated August 1, 1997, and one dated August 1, 1998, which were authorized by Ordinance Nos.
33489-072197 and 33907-072098, respectively, and which allowed Virginia PCS to use the above
water tanks and site~ for tho purposes mentioned above and which Agreements provided for up to
two five year renewals upon the mutual agreement of the parties; and
WHEREAS, Virginia PCS has requested the first five year renewal ofeach ofthe above leases
to start on August 1, 2002, in accordance with the new rental rate terms referred to in the City
Manager's letter dated July 15, 2002, which were established and were recommended by City stafi~
and
H:\Measures\vapcs ntelos 2002.doc 1
WHEREAS, City Council agrees that it is in the City's interest to accept the five year renewal
of the above leases as requested by Virginia PCS.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are authorized to execute and attest, respectively, on
behalf of the City of Roanoke, in form approved by the City Attorney, appropriate Lease Renewal
Agreements with X%ginia PCS Affiance, L.C., a Vtrginia Limited Liability Company, also d/Wa
NTELOS, for the use ora portion of the following three City owned water tanks and sites on which
those water tanks are located: the Washington Heights Water Tank located in the 4100 block of
Wyoming Avenue, NW; the S~unit Water Tank located in the area of 4500 Franklin Road, SW, on
the dead end of Summit Way Drive, SW (a p,rivate road); and the Grandin Court Elevated Water
Tank No. 1 (also known as Creston Avenue ~'Elevated Water Tank No. 1) located at the dead end of
Creston Avenue, SW; such use will be for the placement, operation, and maintenance ofpei~sonal
communication system antennas and related equipment.
2. The term of such Lease Renewal Agreements will be for a period from August 1,
2002 through Suly 31, 2007, with up to one five year renewal upon mutual agreement of the parties,
with a rental rate for each site as set forth below and upon such other terms and conditions as are
deemed appropriate and as more particularly set forth in the above mentioned City Manager's letter
to Council.
$1,000 per month fi'om August 1, 2002 through December 31, 2002.
$1,325 per month from Sanuary 1, 2003 through December 31, 2003.
$1,550 per month from January 1, 2004 through December 31, 2004.
$1,675 per month from January 1, 2005 through July 31, 2007.
H:\Measures\vapcs ntelos 2002.doc 2
3. The City Manager is further authorized to take such further action and to execute such
additional documents as may be necessary to implement or administer such Lease Renewal
Agreements.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis
ordinance by title is dispensed
ATTEST:
City Clerk.
H:\Measures\va~cs ntelos 2002.doc 3
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.v~ us
July 18, 2002
File #373-383-468-472
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk.
Scott D. Basham, Vice-President
Engineering and Operations
Triton PCS Property Compan. y, L.L.C.
100 VVestgate Parkway
Richmond, Virginia 23233
Dear Mr. Basham:
I am enclosing copy of Ordinance No. 35975-071502 authorizing the proper City officials
to enter into Lease Renewal Agreements between the City and Triton PCS Property
Company, L.L.C. (Triton) to use a portion of the following four City-owned water tanks and
sites: the Washington Heights Water Tank; the Summit Water Tank; the Mount Pleasant
Water Tank; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston
Avenue Elevated Water Tank No. 1); providing that such use shall be for placement,
operation, and maintenance of personal communication system antennas and related
equipment, upon certain terms and conditions; and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
SMM:mh
Sincerely,
Deputy City Clerk
Enclosure
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
George C. Snead, Jr,, Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Department
Willard N. Claytor, Director, Real Estate Valuation
N:\CKMH%Agenda.02\July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
No. 35975-071502.
AN ORDINANCE authorizing the proper City oflficials to enter into Lease Renewal
Agreements between the City and 'Triton PCS Property Company, L. L.C. (Triton) for use of a
portion of the following four City owned water tanks and sites on which those water tanks are
located: the Washington Heights Water Tank; the Summit Water Tank; the Mount Pleasant Water
Tank; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated
Water Tank No. 1); providing that such use sh ,all be for the placement, operation, and maintenance of
personal communication system antennas and related equipment, upon certain terms and conditions;
authorizing the City Manager to take such further actions and execute such additional documents as
may be necessary to implement and administer such Agreements; and dispensing with the second
reading by title of this ordinance.
WI4ERE~, the City and Triton entered into four separate Lease Agreements, each dated
November 1, 1998, which were authorized by Ordinance No. 33992-090898, and which allowed
Triton to use the above water tanks and sites for the purposes mentioned above and which
Agreements provided for up to two five year renewals upon the mutual agreement of the parties; and
WHEREAS, Triton has requested the first five year renewal of each of the above leases to
start on August 1, 2002, in accordance with the new rental rate terms referred to in the City
Manager's letter dated July 15, 2002, which were established and were recommended by City staff,
and
H:\Measures\triton water tank renewal 2002.doc ~
WHEREAS, City Council agrees that it is in the City's interest to accept the five year renewal
of the above leases as requested by Triton.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and City Clerk are authorized to execute and attest, respectively, on
behalf of the City of Roanoke, in form approved by the City Attorney, appropriate Lease Renewal
Agreements with Triton PCS Property Company, L.L.C., for the use ora portion of the following
four City owned water tanks and Sites on which those water tanks are located: the Washington
Heights Water Tank located in the 4100 block of Wyoming Avenue, NW; the Summit Water Tank
located in the area of 4500 Fr .anl~ Road, SW, on the dead end of Summit Way Drive, SW (a private
road); the Mount Pleasant Water Tank located in the area of the intersection of Redwood Road and
Plateau Road; and the Grandin Court Elevate~, Water Tank No. 1 (also known as Creston Avenue
Elevated Water Tank No. 1) located at the dead end of Creston Avenue, SW; such use will be for the
placement, operation, and maintenance of personal communication system antennas and related
equipment.
2. The term of such Lease Renewal Agreements will be for a period from August 1,
2002 through July 31, 2007, with up to one five year renewal upon mutual agreement of the parties,
with a rental rate for each site as set forth below and upon such other terms and conditions as are
deemed appropriate and as more particularly set forth in the above mentioned City Manager's letter
to Council.
$1,000 per month from August 1, 2002 through December 31, 2002.
$1,325 per month from January 1, 2003 through December 31, 2003.
$1,550 per month from Sanuary 1, 2004 through December 31, 2004.
$1,675 per month from January 1, 2005 through July 31, 2007.
H:\Measures\triton water tank renewal 2002.doc 2
3. The City Manager is further authorized to take such further action and to execute such
additional documents as may be necessary to implement or administer such Lease Renewal
Agreements.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is dispensed with.
ATTEST:
City Clerk.
H:\Measures\triton water tank renewal 2002.doc 3
Office of the City Manager
July 15, 2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William D. Bestpitch, Council Member
William H. Carder, Council Member
Rupert M. Cutler, Council Member
Alfred T. Dowe, Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Lease Agreement
Renewals for Use of City
Water Tank Facilities
City Council approved and adopted the City of Roanoke Policy as to Wireless
Telecommunications Facilities located on City property dated January 21, 1997
in accordance with the recommendation set forth in a report of the Water
Resources Committee dated February 3, 1997.
The City currently has lease agreements with two (2) wireless communication
providers: Triton PCS Property Company, L.L.C., and Virginia PCS Alliance,
L.C., also doing business as NTELOS, which allows them to place their
equipment on the City's water tanks and the property below. Triton and Virginia
PCS have leases for the following three water tanks: (1) the Grandin Court (also
called Creston Avenue) Elevated Water Tank No. 1; (2) the Summit Water Tank;
and (3) the Washington Heights Water Tank. Triton also has a lease for the
Mount Pleasant Water Tank. The term of each of these initial leases expires July
31, 2002. Each lease provides for up to two five year renewals upon mutual
agreement of the parties.
The monthly rental was established in the terms of the first five year lease period
at $750 per month plus the increase in the Consumer Price Index for each
subsequent year. City staff conducted a market survey in the fall of 2001 and
found the current market value of these sites to be considerably higher. The new
rate schedule average over the five year lease is $1,445.00 per month.
As required by the lease agreements the companies were contacted in writing by
the City, provided a new rate schedule, and requested to respond advising the
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoke.va.us
Honorable Mayor and Members of Council
Lease Agreement Renewals for Use of City Facilities
July 15, 2002
Page 2
City if they desired to renew their leases under the new rental rate terms. A copy
of those letters is attached for your information.
Each provider has responded and expressed their desire to renew the lease
agreements in accordance with the new rate structure, which will be effective
August 1,2002.
Each lease renewal will be for a period of five years, from August 1, 2002,
through July 31, 2007, with a provision for up to one additional five year renewal
upon mutual agreement of the parties. The other terms and conditions of the
leases will continue in force substantially the same as they are currently.
Recommended Action:
Council approve the seven lease renewals as set forth above that will provide for
increased rental payments to the City and authorize the City Manager to execute
such lease renewal agreements with Triton PCS Property Company, L.L.C., and
Virginia PCS Alliance, a Virginia Limited Liability Company, also d/b/a/NTELO$,
such agreements to be in a form approved by the City Attorney. Furthermore,
authorize the City Manager to take such further actions or execute such
additional documents as may be necessary to implement and administer such
agreements.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:je
Attachments
C'
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager for Operations
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Michael McEvoy, Director of Utilities
Jesse Perdue, Water Division Manager
Will Claytor, Director of Real Estate Valuation
#CM02-00158
May 9,2002
Scott D. Basham, Vice-President of Engineering
and Operations
Triton PCS Property Company, L.L.C.
SunCom
100 Westgate Parkway
Richmond, VA 23233
Re:
Lease Agreements for the Use of the Following City of Roanoke Water Tanks:
1) Washington Heights Water Tank
2) Summit Water Tank/Franklin Road
3) Grandin Court Elevated Water Tank No. 1/Creston Avenue
4) Mount Pleasant Water Tank
Dear Mr. Basham:
As a result of our letter of March 12, 2002 advising that the City intended to
implement a substantial increase in monthly rental rates, your company requested that the
City consider a reduction in the fees proposed.
We met with Mr. Frank Shortall on April 25, 2002 and discussed your concerns and
the budgeting impact. The City is proposing a revised rate structure to increase rates over
the lease term (per site) as follows:
$1000/month from August 1,2002 through December 31, 2002.
$1325/month from January 1,2003 through December 31,2003.
$1550/month from January 1,2004 through December 31,2004.
$1675/month from January 1,2005 through July 31, 2007.
We believe that this rate structure provides the relief you requested for the current
budget year and recommend it for your acceptance. Please advise Jesse Perdue, Manager
of the City's Water Division, at 541 Luck Avenue, Suite 118, Roanoke, VA 24016, 540-853-
2601, within seven days, in writing, of your agreement with this revised rate structure in
order that we can proceed with extensions of the current lease agreements. We will then
refer this to the City Attorney's office to prepare the extension documents to forward to you
for your review. After your review, the extensions will be presented to Council for its
approval.
Mr. Scott D. Basham
Page 2
May 9, 2002
We also need you to advise us about the connection between SunCom and Triton
PCS Property Company, L.L.C., so that we can determine if some modifications should be
made to the Leases, if renewed, concerning the proper name of the tenant(s).
Sincerely,
MTM/je
Michael T. McEvoy
Director of Utilities
C:
Triton Management Company, Inc., Attn: Treasurer
George C. Snead, Assistant City Manager of Operations
Jesse A. Hall, Director of Finance
Joe Slone, Director of Technology
Jesse H. Perdue, Jr., Manager, Water Division
Dana Long, Manager, Billings & Collections
William M. Hackworth, City Attorney
May 9,2002
Beverly Lavender, Property/Lease Administrator
Virginia PCS Alliance, L.C.
1150 Shenandoah Village Drive
Waynesboro, VA 22980
Re:
Lease Agreements for the Use of the Following City of Roanoke Water Tanks:
1) Washington Heights Water Tank
2) Summit Water Tank/Franklin Road
3) Grandin Court Elevated Water Tank No. 1/Creston Avenue
Dear Ms. Lavender:
As a result of our letter of March 12, 2002 advising that the City intended to
implement a substantial increase in monthly rental rates, your company requested that the
City consider a reduction in the fees proposed.
We met with Ms. Debbie Balzer and Mr. David Meenan on April 16, 2002 and
discussed your concerns and the budgeting impact. The City is proposing a revised rate
structure to increase rates over the lease term (per site) as follows:
$1000/month from August 1,2002 through December 31,2002.
$1325/month from January 1,2003 through December 31,2003.
$1550/month from January 1, 2004 through December 31,2004.
$1675/monthfrom January 1,2005through July 31,2007.
We believe that this rate structure provides the relief you requested for the current
budget year and recommend it for your acceptance. Please advise Jesse Perdue, Manager
of the City's Water Division, at 541 Luck Avenue, Suite 118, Roanoke, VA 24016, 540-853-
2601, within seven days, in writing, of your agreement with this revised rate structure in
order that we can proceed with extensions of the current lease agreements. We will then
refer this to the City Attorney's office to prepare the extension documents to forward to you
for your review. After your review, the extensions will be presented to Council for its
approval.
Ms. Beverly Lavender
Page 2
May 9, 2002
We also need you to advise us about the connection between NTELOS and Virginia
PCS Alliance, L.C., so that we can determine if some modifications should be made to the
Leases, if renewed, concerning the proper name of the tenant(s).
Sincerely,
MTM/je
Michael T. McEvoy
Director of Utilities
C'
Virginia PCS Alliance, L.C., c/o CFW Wireless, Inc.,
Attn: Tom Whitaker, Director, Network Operations
George C. Snead, Assistant City Manager of Operations
Jesse A. Hall, Director of Finance
Joe Slone, Director of Technology
Jesse H. Perdue, Jr., Manager, Water Division
Dana Long, Manager, Billings & Collections
William M. Hackworth, City Attorney
CITY OF ROANOKE
Office of tho City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #256-373
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Dadene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35977-071502 authorizing the proper City officials
to ehter into a Deed of Lease Extension between the City of Roanoke and Roanoke Valley
Swimming, Inc., for lease and operation of certain City-owned property known as the Gator
Aquatic Center, upon certain terms and conditions, effective June 11, 2001.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Attachment
pc.'
Jesse A. Hall, Director of Finance
Rolanda ^. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard Kelley, Assistant Superintendent of Operations, Roanoke City
Schools
Public
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
No. 35977-071502.
AN ORDINANCE authorizing the proper City officials to enter into a Deed of Lease
Extension between the City of Roanoke and Roanoke Valley Swimming, Inc., for the lease and
operation of certain City-owned property known as the Gator Aquatic Center, upon certain terms and
conditions.
BE IT ORDA/NED by the Council of~e City of Roanoke that the City Manager and the City
Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form
approved by the City Attorney, a Deed of Lease Extension dated June 1 l, 2001 ,with Roanoke. Valley
Swimming, Inc., for the use and operation of certain City-owned property known as the Gator
Aquatic Center, effective beginning June 1 l, 2001, upon such terms and conditions as are more
particularly described in the City Manager's letter to this Council dated July 15, 2002.
ATTEST:
City Clerk.
I~ \ORDINANCE.~O- Lea~-Gam~Pool0? ! ~02. ~d
Office of the City Manager
July 15, 2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William D. Bestpitch, Council Member
William H. Carder, Council Member
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
SUBJECT: Roanoke
Valley Swimming, Inc.
Lease and Agreement
Background:
Roanoke Valley Swimming, Inc. (RVSI), was created in 1988 as a 501(c)3 non-
profit corporation to develop and promote a local competitive swimming team.
On June 10, 1991, RVSI leased 1.366 acres from the City for the construction
and operation of an indoor swimming pool. The facility was subsequently named
the Gator Aquatic Center ("Facility").
Considerations:
A ten-year Deed of Lease Agreement ("Lease") with RVSI was authorized by City
Council by Ordinance No. 30534-52891. The Lease expired on June 10, 2001.
Following considerable discussion and negotiations, the parties have agreed to
amend the Lease by executing a Deed of Lease Extension ("Extension") to
provide for two additional five (5) year terms on certain additional terms and
conditions. The proposed Extension provides for continued use of the Facility by
the RVSI and the Roanoke City School Division for its "Learn to Swim Program."
The Extension also allows the Gator Swim Team to use City outdoor pools up to
290 hours per summer for practice and increases the City's use of the Facility
from 6 to 12 hours per week, such usage is neady twice the current public use of
the Facility which is permitted under the Lease.
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
Honorable Mayor and Members of Council
July 15, 2002
Page 2
Recommendation:
Authorize the City Manager to execute the attached Deed of Lease Extension,
approved as to form by the City Attorney.
DLB:kaj
Respectfully submitted,
City Manager
c: Rolanda A. Johnson, Assistant City Manager for Community Development
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven B. Buschor, Director of Parks and Recreation
Dr. E. Wayne Harris, Superintendent of Roanoke City Schools
Richard Kelly, Assistant Superintendent of Operations of Roanoke City
Schools
#CM02-00162
DEED OF LEASE EXTENSION
THIS DEED OF LEASE EXTENSION ("Extension") is made this 11t~ day of June,
2001, by and between the CITY OF ROANOKE ("Landlord"), a municipal corporation,
organized under the laws of the Commonwealth of Virginia, and Roanoke Valley Swimming,
Inc., ("Tenant").
WHEREAS, the Landlord and Tenant entered into a Deed of Lease ("Agreement")
dated June 10, 1991, for the lease for an initial term often (10) years, renewable for two (2)
additional five (5) year period, of certain premises identified in the Agreement for the
construction and operation of a swimming facility;
WHEREAS, the Agreement permits the Tenant to extend the Agreement for two
additional five (5) year periods, under certain terms and conditions; and
WHEREAS, the Landlord and the Tenant desire to extend the Agreement for one (1)
additional five (5) year term, and amend the Agreement for that period of time.
NOW, THEREFORE, the parties hereby agree to amend the following paragraphs of
the Agreement, and no others, as follows:
2. Terms of Lease. The initial term of this Lease shall be for a period often (10)
years commencing on the date of this Agreement, unless otherwise earlier terminated in
accordance with the terms hereof. Tenant may extend this Lease for two (2) additional
renewal periods of five (5) years provided that: 1) Tenant has performed its obligations under
this Agreement to the satisfaction of Landlord, and Tenant remains in possession and
C:~DOCUME~I\CMSM t ~_OCAL SETTINGSWEMP\C.LOTUS.NOTE~I. DATA\GATORLEASE.DOC 05/13/02
continues to utilize the Premises as provided for herein; and 2) At least sixty (60) days prior
to the expiration of the initial term or the renewal period, as appropriate, Tenant has provided
Landlord with written notice of intent to renew. Unless otherwise clearly indicated by the
context, the word "term" as used in this agreement shall refer to the initial term and any
renewal periods. By executing a Deed of Lease Extension, the parties evidence their intent to
extend the Agreement for the first of the two five-year renewal periods.
12. Insurance.
(a) Tenant shall, during the term of this Agreement, or any extension thereof,
obtain and maintain in force, at its own expense, occurrence-type commercial general
liability insurance, in minimum limits of one million dollars and no cents ($1,000,000.00) per
occurrence and two million dollars and no cents ($2,000,000.00) aggregate, and three
hundred thousand dollars and no cents ($300,000.00) fire legal liability. Such insurance shall
name the City of Roanoke, its officers, agents, employees and volunteers as additional
insureds with respect to the land lease and all operations of the Gator Aquatic Center.
Written endorsement to that effect from the insurer shall be received by the Risk
Management Officer, Department of Risk Management, Room 507, Noel C. Taylor
Municipal Building, Roanoke, Virginia, within 30 days of execution of the Agreement, any
extension thereof, and at least thirty (30) days prior to the expiration of any extension of the
Agreement. Failure by the Tenant to comply strictly with the terms of this Paragraph No. 12
shall authorize the City Manager for the City to declare the Tenant in breach and to declare
this Lease Extension, and the Agreement, void.
C:\DOCUME~I\CMSM I'~,OCAL SETTINGS\TEMP\C.LOTUS.NOTE~DATA\GATORLEASE.DOC 05/13/02
(b) Upon completion of the Building, Tenant shall keep the Building insured for
the mutual benefit of the Landlord and the Tenant against:
(i) Loss or damage by fire, and such other risks as may be included in the
standard form all-risk property insurance policy in an amount not less
than 80% of the full insurable value and no coinsurance applies. Such
policy shall include a replacement cost endorsement.
(ii) Loss or damage by explosion of high pressure steam boilers, air
conditioning equipment, pressure vessels, motors, or similar apparatus
now or afterwards installed in the Building by boiler and machinery
insurance in a minimum limit to cause full replacement value of the
building;
(iii) Such other hazards and in such amounts as Landlord may reasonably
require provided that such insurance is then customarily maintained in
buildings of similar construction, use and class in the area in which the
Premises are located.
(c) Tenant shall, during the term of this Agreement, or any extension thereof,
obtain and maintain in force, at its own expense, workers' compensation insurance within
statutory limits, with waiver of subrogation endorsed by the insurer. Such endorsement shall
be received by the Risk Management Officer, Department of Risk Management, Room 507,
Noel C. Taylor Municipal building, Roanoke, Virginia, within 30 days of the execution of
this Agreement, and at least thirty (30) days prior to the expiration of any extension of the
Agreement.
C:'ff)OCUME~I\CMSM I'd~OCAL SETrINGS\TEMP\C.LOTUS.NOTE~DATA\GATORLEASE.DOC 05/13/02
(d) All insurance provided for herein shall be effected under standard form policies
with insurance companies with Best Rating of A or better, or other insurance as may be
approved by the Risk Management Officer, Department of Risk Management, authorized to
do business in the State of Virginia. Upon commencement of the term of this Lease and
thereafter no less than thirty (30) days prior to the expiration dates of said policies, Tenant
shall furnish Landlord with certificates of insurance and policy declaration pages evidencing
that the insurance required hereunder is in effect, and that the premiums therefor have been
paid. Each policy delivered hereunder shall not be cancelled or materially altered without at
least thirty (30) days prior written notice by certified mail to both Landlord and Tenant.
(e) Any loss paid to Tenant pursuant to subparagraphs (b)(1) through (b)(3) above
shall be held by Tenant in trust for application to the cost of restoring, repairing, replacing, or
rebuilding the Building, and Tenant shall commence such work at its expense within 60 days
of receipt of insurance payments and shall diligently and expeditiously prosecute such work
to completion.
20. Performance Bond. Prior to execution of any Deed of Lease Extension, and
throughout the term of any such Lease Extension, Tenant shall provide a performance bond
to secure Tenant's obligations hereunder, including without limitation, Tenant's obligation to
operate and maintain the facility. Such bond shall be approved as to form by the Landlord's
Attorney and shall be properly executed by Tenant as principal and a corporate surety
authorized to transact business in the State of Virginia. The amount of the bond shall be five
thousand dollars and no cents ($5,000.00). If approved by the Landlord, alternate form of
C:XDOCUME~I \CMSM I\LOCAL SETTINGS\TEMP\C.LOTUS.NOTE~DATA\GATORLEASE.DOC 05/13/02
security which adequately protects the Landlord's interest may be used in lieu of the bond
with corporate surety.
22.
Notices. Any notice provided for in this Lease shall be in writing and sent by
certified mail addressed as follows:
To Landlord:
To Tenant:
Director, Parks and Recreation Department
210 Reserve Avenue, S.E.
Roanoke, Virginia 24016
Daniel Summedin, III
Woods Rogers & Hazlegrove PLC
10 South Jefferson Street, Suite 1400
Roanoke, Virginia 24011
Any notice or request so sent shall be considered given or made on the day it is
mailed.
The address of either party for such notice, on request, may be changed by giving the
other party written notice of the new address not less than fifteen (15) days before the
effective date of the change.
29.
Use of Premises.
Unless otherwise agreed to by the parties, the facility shall be open to the
public for swim time a minimum of 30 hours per week as follows:
Saturday and Sunday
Monday thru Friday
12:00 p.m.
6:00 a.m.
and 7:00 p.m.
thru 5:00 p.m.
thru 8:00 a.m.
thru 9:00 p.m.
C:~OCUME~I \CMSM 1 ~OCAL SETTINGS\TEMP\C.LOTUS.NOTF~ DATA\GATORLEASE.DOC 05/13/02
Tenant will provide qualified lifeguards during open swim time. At all other times, user shall
provide or contract for lifeguard services. The number of lanes open to the public will be
determined by agreement of the parties. In addition, the Roanoke City School Division shall
have the option to use up to 50 percent of the pool for up to 25 hours per week with time
available between the hours of 8:00 a.m. and 3:00 p.m. on school days. A reasonable usage
fee will be negotiated annually between RVSI and the Roanoke City School Division. The
City of Roanoke Parks and Recreation Department shall have the option to use all or part of
the pool for up to 12 hours per week, at no cost to the City, with time available between the
hours of 8:00 a.m. and 9:00 p.m. for departmental programs. The schedule for open swim
time and for use by the School Division and Parks and Recreation Department shall be
established before the beginning of each fiscal year quarter by agreement of the parties. The
Gator Swim team will be allowed to utilize the City of Roanoke Parks and Recreation
Department's outdoor 50 meter pools, up to 290 hours total for all of the pools and not per
pool, at no cost to the Tenant, during the summer, as mutually agreed by the parties.
(b) Tenant may set fees to be charged the general public for open swim time as
approved by the Director of Parks and Recreation for each year of operation beginning on
July I of each calendar year.
(c) Should Tenant incur extraordinary expenses as a result of requirements of a
governmental agency or as a result of other circumstances beyond control of Tenant, the rates
to be charged to the general public for open swim and Department of Parks and Recreation
usage may be revised with concurrence of the City Manager.
C:~OCUME~I\CMSM ! ~OCAL SETTINGS\TEMP\C.LOTUS.NOTE~DATA\GATORLEASE.DOC 05/13/02
(d) All fees charged shall be billed to the respective entity and shall be paid within
thirty (30) days of receipt of billing.
All other terms and conditions in the Agreement shall remain unchanged.
WITNESS the following signatures and seals:
ATTEST:
ROANOKE VALLEY SWIMMING, INC.
(Title)
By
Its President
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By
City Manager
STATE OF VIRGINIA §
CITY OF ROANOKE §
The foregoing instrument was acknowledged before me
., 2002, by , the
Roanoke Valley Swimming, Inc., for and on behalf of the corporation.
this
day of
of
My Commission expires:
Notary Public
C:'~DOCUME~ 1 \CMSM 1 ~OCAL SETTINGSWEMP\C.LOTUS.NOTE~ DATA\GATORLEASE.DOC 05/13/02
0 <
>
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #122-373
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35978-071502 authorizing the City Manager to enter
into a permit agreement with the Commonwealth of Virginia Department of Military Affairs
for the use of City-owned property located at the National Guard Armory, upon certain
terms and_ conditions; and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Deputy City Clerk
SMM:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director of Economic Development
Lynnis B. Vernon, Director, Facilities Management
Steven C. Buschor, Director, Parks and Recreation
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 151:h day of July, 2002.
No. 35978-071502.
AN ORDINANCE authorizing the City Manager to enter into a permit agreement with the
Commonwealth of Virginia, Department of Military Affairs, for the use of City-owned property
located at the National Guard Armory for use by the Department of Military Affairs, upon certain
terms and conditions; and dispensing with the second reading of this ordinance by title.
BE IT ORDA/NED b~, the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, in form approved by the City'Attomey, an appropriate permit agreement with the
Commonwealth of Virginia, Department of Military Affairs, setting forth the term of such permit
and maintenance responsibilities between the parties, and as more particularly stated in the City
Manager's letter to this Council dated July 15, 2002.
2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCESM~L~s~NaIK} u~[Armo~, w~l
Office of the City Manager
July 15, 2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice-Mayor
William D. Bestpitch, Council Member
William H. Carder, Council Member
M. Rupert Cutler, Council Member
Alfred T. Dowe, Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
New Agreement Permitting the
Virginia National Guard To
Use City Owned Armory
Background:
The City of Roanoke and the Commonwealth of Virginia, Department of Military Affairs
(DMA) agreed on June 28, 1954, to construct an Armory to be utilized by the Virginia
National Guard. The original use agreement stated that upon completion of the Armory,
the National Guard was permitted to use the facility rent free, for 25 years. At the end of
the original 25 years, the Armory became property of the City of Roanoke, and the
National Guard was permitted to continue its use of the facility at no charge as a
condition of the original agreement. The City has continued to pay all maintenance and
utility costs since the completion of the Armory despite the City's limited use of the
facility.
Considerations:
The agreement signed by the City and DMA in 1954 expired over 20 years ago, without
a new agreement ever being executed. DMA is exploring options to construct a new
facility, but desires to remain in the current City owned Armory until a new facility may
be constructed. A new agreement has been proposed that permits the National Guard
to continue its use of the Armory at no charge. The City will also be permitted to use
the facility simultaneously on an as needed basis. However, due to the City's limited
use, DMA will begin paying all utilities, custodial, and operational maintenance costs.
The City will continue to handle all capital maintenance for the facility and the
maintenance of the grounds. The City will realize potential savings of $50,000, with the
proposed new agreement.
The term of the proposed agreement is 5 years, with either party having the option to
terminate the agreement given 12 months notice.
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
Mayor Smith and Members of Council
Page 2
July 15, 2002
Recommended Action:
Authorize the City Manager to offer and execute a new Use Agreement between the City
of Roanoke and the Commonwealth of Virginia, Department of Military Affairs on the
terms set forth above.
Respectfully submitted,
City Manager
DLB:slm
C:
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Elizabeth A. Neu, Director of Economic Development
Lynnis B. Vernon, Director of Facilities Management
Steven C. Buschor, Director of Parks and Recreation
C M02-00154
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #32-67-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35979-071502 authorizing the City Manager to
execute a joint use agreement between the City of Roanoke and the City of Roanoke
School Board which relates to practices and policies pertaining to purchase of property for
school facilities, purchase of property adjacent to school facilities for community use or
school use, construction of new school facilities, expansion or renovation of existing sChool
facilities, and use and maintenance of school and park facilities, upon certain terms and
conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
N:\CKMHl~,genda.02~luly 15, 2002 correspondence.wpd
Darlene L. Burcham, City Manager
July 18, 2002
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Glenn A. A~her~, Risk Manager Officer
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard Kelley, Assistant Superintendent of Operations, Roanoke City Public
Schools
Cindy H. Lee, Clerk, Roanoke City School Board
N:\CKMHl~Agenda.02~luly 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
No. 35979-07150~.
A RESOLUTION authorizing the City Manager to execute a joint use agreement between
the City of Roanoke and the City of Roanoke School Board which relates to practices and policies
pertaining to the purchase of property for school facilities, the purchase of property adjacent to
school facilities for community use or school use, the construction of new school facilities, the
· expansion or renovation ofexlsting school facilities, and the use and maintenance of school and park
facilities, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized on behalf of the'City to
execute and attest, respectively, the joint use agreement between the City of Roanoke and the City
of Roanoke School Board which relates to practices and policies pertaining to the purchase of
property for seho°l facilities, the purchase of property adjacent to school facilities for community
use or school use, the construction of new school facilities, the expansion or renovation of existing
school facilities, and the use and maintenance of school and park facilities, upon such terms and
conditions, as more particularly set out in the City Manager's letter to this Council dated July 15,
2002.
2. The form of such agreement shall be approved by the City Attorney.
ATTEST:
H:~R. ESOLUTIONS~R-Joint Us~ Agreement 071502.wpd
City Clerk.
Office of the City Manager
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
SUBJECT: Joint Use Agreement
with City of Roanoke School
Board
Background:
The present Joint Use Agreement between the City of Roanoke and the City of
Roanoke School Board was adopted by City Council on November 11, 1957 by
Resolution No. 13236 between the School Board and the Parks and Recreation
Department. The purpose of the proposed Joint Use Agreement ("Agreement") is to
assist in the planning the development and use of facilities in a manner which
maximizes the benefits to the citizens of the City of Roanoke. The Agreement provides
for the pumhase of property for school facilities, the purchase of property adjacent to
school facilities for community use or school use, the construction of new school
facilities, the expansion or renovation of existing school facilities, and the use and
maintenance of school and park facilities in a manner which will enhance the cultural,
recreational, athletic and educational opportunities for the citizens of Roanoke.
Considerations:
City Council directed the City Manager to review and update the policies for property
owned by the City and managed by Parks and Recreation that are jointly used by the
School Board and Parks and Recreation. The Agreement covers a lot more than
property which is managed by Parks and Recreation. The proposed Agreement
(Attachment 1) updates the Joint Use policies to fit today's standards, and further
emphasizes the City/School partnership as well as the need to maximize facility use and
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
Honorable Mayor and Members of Council
July 15, 2002
Page 2
development. The proposed Agreement may be terminated by either party for any
cause after providing sixty (60) days written notice. The City of Roanoke School Board
has approved the proposed Agreement.
Recommended Action:
Authorize the City Manager to execute the proposed Joint Use Agreement with the
Roanoke City School Board upon its being approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:kaj
Attachment
C~
Rolanda A. Johnson, Assistant City Manager for Community Development
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven C. Buschor, Director of Parks and Recreation
Glenn Asher, Risk Management Officer
Dr. E. Wayne Harris, Superintendent of City of Roanoke Schools
Richard Kelly, Assistant Superintendent of Operations, City of Roanoke Schools
#CM02-00160
CITY OF ROANOKE, VIRGINIA
JOINT USE AGREEMENT WITH CITY OF ROANOKE SCHOOL BOARD
THIS AGREEMENT (hereinafter referred to as "Agreement"), made and entered
into this the / / day of {x~Or.C_ ,2002, by and between the CITY OF ROANOKE
("City"), and CITY OF ROANOKE SCHOOL BOARD ("School Board").
WHEREAS, the School Board and the City of Roanoke Parks and Recreation
Department ("Parks and Recreation") are service organizations and wish to plan the
development and use of facilities in a manner which maximizes the benefits to the citizens of
the City of Roanoke;
WHEREAS, by Resolution No. 13236, adopted November 11, 1957, the City Council
for the City of Roanoke approved joint use policies between the School Board and Parks and
Recreation;
WHEREAS, this Council has directed the CiD· Manager to review and update the
policies for property owned by the City and managed by Parks and Recreation that are jointly
used by the School Board and Parks and Recreation;
WHEREAS, the Superintendent of Schools for the School Board ("School
Superintendent") has reviewed the policies for property owned by the City and managed by
the School Board that are jointly used by the School Board and Parks and Recreation;
WHEREAS, the parties to this Agreement wish to update the policies for property
owned by the City and jointly used by the School Board and Parks and Recreation in order to
City and Sch~x~l Board IIsc Agreement
1
enhance the cultural, recreational, athletic and educational opportunities offered to the
citizens of the City;
WHEREAS, the City Manager and the School Superintendent have drafted this joint
use agreement, acceptable to each of them; and
WHEREAS, the City and the School Board wish to show their concurrent consent to
the agreement prepared by the City Manager and the School Superintendent.
I. Definitions. For purposes of this Agreement, the following terms shall be
defined as follows, unless the context of the term clearly indicates another meaning:
A. Community Use or Use by the Community: Use of a School Facility by
citizens of the City through Parks and Recreation.
B. Direct Costs: Costs which are incurred directly and solely because of a
program being held. Such costs may include wages, FICA, costs for
professional services, advertising, utilities used when a facility would not be
otherwise used, chemicals, printing or duplication costs, supplies, and
equipment purchase, repair, or rental.
C. Park Facility: Buildings, structures, or land owned by the City and managed by
the City primarily through Parks and Recreation.
D.School Buildings: Buildings or structures which are School Facilities.
E. School Facility: Buildings, structures, or land owned by the City and managed
primarily by the School Board.
School Use, or Use by the School iBoard: Use of a Park Facility by citizens of
City and Schtx~l Board Usc Agrccn~.'nl
the City through the School Board.
II. Purchase of property for School Facilities and purchase of property adjacent to
School Facilities for Community Use or School Use {collectively referred
to as "Property").
A. The decision of whether to purchase Property shall be jointly made by the
School Board and the City.
B. The decision of whether to purchase Property shall include consideration of the
potential use of the Property by the School Board and use of the Property by
the cmmnunity, applicable State Department of Education regulations, the
topography of the Property, the accessibility of the Property for its users, the
density of the population in the vicinity of the Property, the anticipated growth
in the population in the vicinity of the Property, and the adaptability of the
Property for Use by the School Board and Community Use.
C. The purchase price for the Property shall be shared by the Cily, through Parks
and Recreation, and the School Board by mutual agreement according to the
use contemplated by each party.
D. The School Superintendent, the Director of Parks and Recreation and the City
Manager shall communicate with the School Board and City Council to ensure
appropriate consideration and action by those governing bodies.
III. New construction, expansion or renovation of School Facilities.
A. The School Board shall have the sole responsibility for the planning, desigm
Cily and Seh{~al Board Use Agreement
and construction of new School Facilities, and the expansion or renovation of
School Facilities.
B. The City, through Parks and Recreation, shall participate in the planning,
design and construction of new School Facilities, and the expansion or
renovation of School Facilities, such as swimming pools, g.wnnasiums,
playgrounds, fitness centers, athletic fields, and all other features and amenities
that may be of recreational benefit to the community.
C. The planning, design and construction of new School Facilities, and the
planning, design and construction of expanded or renovated School Facilities,
shall take into account the applicable guidelines promulgated by the American
Association of School Administrators and the National Recreation and Park
Association.
D. Whenever new School Facilities are constructed, or whenever School Facilities
are expanded or renovated, the Community Use of such new School Facilities,
or expanded or renovated School Facilities, shall be considered as a significant
purpose for the new construction, expansion or renovation and not an
incidental use, of such School Facilities.
1. Restroom facilities and parking areas of such School Facilities shall be
located so that when such School Facilities are Used by the
Community, the restroom facilities and parking areas are conveniently
accessible.
City and School Boord Use Agreemen!
2. Special consideration for joint use by the School Board and the Use by
the Community should be given to g3qnnasiums, auditoriums,
cafeterias, swimming pools, classrooms and fitness centers. School
Facilities shall be designed and constructed when feasible so that only
those portions being used can be opened, heated or lit, and unused
portions will not need to be opened, heated or lit when not in use.
3. Community Use of School Facilities shall not interfere with scheduled
use of School Facilities. School Use of Park Facilities shall not
interfere with scheduled use of Park Facilities.
4. Whenever possible, portions of School Facilities which ma), be Used by
the Community shall be adjacent to one another and conveniently
accessible by such users of such School Facilities.
If renovation or expansion of a School Facility will primarily permit
Community Use of the School Facility, the City, through Parks and Recreation,
may provide additional capital improvement funds needed for such a
renovation or expansion as negotiated by the parties.
The City, through Parks and Recreation, may contribute to the cost of the
construction of a ne~v School Facility, or thc renovation or expansion of the
same, if such School Facility will be Used by the Community.
Whenever a School Facility may be enlarged or altered to better permit
Community Use, the cost of such enlargement or alteration required to
City and School Board Usc Agreement
IV.
accommodate such Community Use may be provided by the City through
capital improvement funds.
H. The School Board shall pay the cost of development, including the cost of
grading, drainage, fencing and landscaping, for the construction of new School
Facilities, or the renovation or expansion of School Facilities. However, the
City, through Parks and Recreation, may share in such costs of development
based on the mutual agreement of the parties.
Use of School Facilities and Park Facilities.
A. The School Board and the City, through Parks and Recreation, shall, whenever
possible, use School Facilities and Park Facilities jointly where such joint use
does not interfere with the purpose for which the facility was primarily
designed. For purposes of this Agreement, the School Board shall be
considered the governing agency for School Facilities, arid Parks and
Recreation shall be considered the governing agency for Park Facilities. The
City, through Parks and Recreation, and the School Administration shall meet
at least quarterly to discuss and agree to specify scheduling and maintenance
needs for the use of School Facilities and Park Facilities. The specific
schedules for the use of School Facilities and Park Facilities shall be provided
in a timely fashion.
The use of the Civic Center and Victory Stadium by the School Board, and the
use of fitness centers in School Facilities, shall not be subject to this
Cily and School Board Use Agreemenl
Agreement and shall be subject to other agreements between the City and the
School Board.
An employee of the School Board, or any employee of the City, or a mutually
agreed upon responsible designee, will be present whenever Community Use
of a School Facility occurs.
The priority for use of School Facilities shall be: 1 ) School Board programs; 2)
Community Use; and 3) general public use.
The priority for use of Park Facilities shall be: 1) Parks and Recreation
programs; 2) School Use; and 3) general public use.
The School Board shall be responsible for the Direct Costs incurred by the
City as a result of the School Use of Park Facilities during weekend or holiday
use, and Parks and Recreation shall be responsible for the Direct Costs
incurred by the School Board as a result of the Community Use of School
Facilities during weekend or holiday use.
During weekdays, appropriate school staff shall be responsible for the School
Use of Park Facilities and shall be provided keys to open and close gates as
needed and turn on and off lights as necessary.
1. Each party shall be permitted access to the other party's facilities when
use of the facility is agreed upon by the parties.
Cityaml School [?,oard Use Agreement
2. The parties shall agree upon the amount of adult supervision or number
of security guards needed for the use of any party's facility by the other
party.
The School Board shall be responsible for the daily maintenance of School
Facilities, and Parks and Recreation shall be responsible for the daily
maintenance of Park Facilities.
1. If damage to a governing agency's facility results from use by an
activity sponsored by the other agency, then the agency using the
facility shall pay for the cost of maintenance and repair.
a. A party's duty to maintain a facility under this subsection shall
not include maintenance arising out of wear and tear from
ordinary use. The determination of whether wear and tear arises
from ordinary use shall be agreed upon by the School
Superintendent and the Director of Parks and Recreation.
b. A party's duty to maintain a facility under this subsection shall
not include maintenance caused by negligence of the other
party's employee.
2. The party sponsoring an event will be responsible fi)r the cost of repair
of damage (other than reasonable wear and tear from ordinary use or
damage caused by the negligence of the other party's employee) to a
City and School Board Usc Agrccment
Vo
facility caused by any citizen using the facility during an event
sponsored by that party.
3. A minimum of seven (7) days notice shall be provided to Parks and
Recreation in order for recreation fields to be prepared.
General Provisions.
A. Term: The tem~ of this Agreement shall be ten (10) years from the date of the
Agreement.
B. Termination: Either party may terminate this Agreement for any cause after
providing sixty (60) days written notice. The party terminating this
Agreement shall not be liable for any penalty or damages due to the
termination.
C. Insurance: The School Board shall name the City, its officers, agents,
employees and volunteers as additional insureds, and the City shall name the
School Board, its officers, agents, employees and volunteers as additional
insureds, as their interests may appear on the appropriate liability policies with
minimum limits of One Million Dollars ($1,000,000.00) per occurrence and
One Million Dollars ($l,000,000.00) aggregate. All insurance correspondence
shall be sent to the City of Roanoke, c/o Risk Management Officer, Room 506,
Municipal Building North, Roanoke, Virginia 24011, and c/o Roanoke City
School Board, Assistant Superintendent for Operations, P.O. Box 13145,
Roanoke, Virginia 24031.
and School Board Usc Agrccmcnt
9
Notice: Notice under this Agreement shall be sent, in writing, by certified mail
to the following persons:
If to the School Board:
CC~
If to the City:
School Superintendent
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 24031
City Manager
Room 364 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Director of Parks and Recreation
210 Rescrvc Avenue
Roanoke, Virginia 24016
E Successors and Assigns: The terms, conditions, provisions and undertakings of
this Agreement shall be binding upon and inure to the benefit of each of the parties
hereto and their respective successors and assigns.
F. Assignment: This Agreement and the fights and obligations hereunder may not
be sold, assigned, or transferred at anytime by either party without the prior
written consent of the City Manager.
G. .~a~mions and Headings: Thc section captions and headings are for
convenience and reference purposes only and shall not affect in any way the meaning
or interpretation of this Agreement.
H. Cooperation: Each party agrees to cooperate with the other in executing any
documents necessary to carry out the intent and purpose of this Agreement.
(hty and 5;chlml Board [ Isc Agrccmcnl
10
I. Entirety of Agreement: This Agreement represents the entire Agreement
between the parties, and this Agreement shall not be modified, amended, altered or
changed, except by written agreement executed by the parties.
WITNESS the following signatures and seals:
CITY OF ROANOKE, VIRGINIA
ATTEST:
Mary F. Parker, City Clerk
ATTE'ST~t-~ ~
By
City Manager
ROANOKE CITY SCHOOL BOARD
School Superinter~nt ~'
Approved as to Form:
Assistant City Attorney
Approved as to Execution:
Assistant City Attorney
City anti School Board [Ise Agreement
11
CITY. OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #53-60-178-540
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am. attaching copy of Ordinance No. 35980-071502 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for appropriation
of $8 million in bond proceeds, in connection with the South Jefferson Redevelopment
Area; and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director of Economic Development
N:\CKMHl~,genda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35980-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby,
amended and reordained to' read as follows, in part:
Ar~Dropfiations
Economic Development
South Jefferson Redevelopment Project (1) .....................
Capital Improvement Reserve
Public Improvement Bonds - Series 2002 (2) ....................
1 ) Appropriated from
Sedes 2002
Bond Issue
2) Riverside Center for
Research and
Technology
(008-052-9633-9076) $
(008-530-9711-9187)
8,000,000
(8,000,000)
$ 32,908,040
13,332,931
$ 7,686,139
5,00O,OOO
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Office of the City Manager
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Appropriation of Funds from Bond
Proceeds for the South Jefferson
Redevelopment Area
Background:
On March 19, 2001, the Roanoke City Council executed a Cooperation Agreement with the
Roanoke Redevelopment and Housing Authority (RRHA) to develop the Riverside Centre
for Research and Technology. Also on March 19, 2001, City Council entered into a
Performance Agreement with Carilion Health System (CHS) and Carilion Biomedical
Institute (CBI) that stated the City's dedication to the project and CBI's intention of being
one of the first tenants of the new park. On March 19, 2001, the Roanoke City Council
approved the redevelopment plan for the South Jefferson Redevelopment Area.
In the past 15 months, RRHA has begun to purchase the required sites for development by
CHS/CBI as a part of Phase 1 of the project, as well as move businesses from the area to
other sites. The budget approved in the Cooperation Agreement with RRHA is $14.0
million. Last year $5.0 million was appropriated ($4.0 million from bond proceeds and $1.0
million from Capital Projects Fund interest earnings) and RRHA has spent most of this at
this time in acquiring land and relocating businesses, as well environmental studies and
remediation for the area.
At this time, the expenses of RRHA for Phase 1 have been within the original expectations
of the City and RRHA.
Considerations:
Redeveloping the South Jefferson Area into the Riverside Centre for Research and
Technology is a priority of the City of Roanoke, and in order to keep the project on target,
additional funds need to be made available to RRHA. The Riverside Centre is expected to
provide one million square feet of building space, attract several million dollars of private
investment and provide over 1000 new technical jobs.
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
The Honorable Mayor and Members of Council
July 15, 2002
Page 2
Recommended Action:
Appropriate $8.0 million from Series 2002 Bond Proceeds, account 008-530-9711 to the
South Jefferson project, account 008-052-9633. This will allow RRHA to continue the work
outlined in the Cooperation Agreement dated March 19, 2001. These funds are a part of
the $14.0 million approved by Council for the project on March 19, 2001.
Respectfully submitted,
City Manager
DLB/sem
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director of Economic Development
# CM 02-00150
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 18, 2002
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35981-071502 providing for acceptance of certain
property rights identified as Official Tax No. 3070321, in connection with the Stadium/
Amphitheater Project, and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meriting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Sarah E. Fitton, Engineering Coordinator
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
12'q THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
bio. 35981-071502.
AN ORDINANCE providing for the acceptance of certain property rights needed by the City
for the Stadium/Amphitheater Project, and dispensing with the second reading of this ordinance by
title.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for ~e Stadium/Amphitheater Project, the City wants and needs certain
property identified by Roanoke City Tax No. 3070321, as more particularly set forth in the City
Manager's letter to this Council dated July 1,5;2002. The City Manager is authorized to accept the
donation of these property rights, subject to applicable statutory guidelines. All requisite documents
shall be upon form approved by the City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H: ;ORDII'VANC ES~O-ACCEFTSTADIUMAM? lgO? 1502(DRAFT). DOC
Office of the City Mc]nager
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Acceptance of Property for
Stadium/Amphitheater Site
Pursuant to City Council's authorization, the City Manager has acquired several properties
across Orange Avenue from the Roanoke Civic Center for the purpose of constructing a
multipurpose Stadium/Amphitheater facility.
Calvin Powers has agreed to donate to the City a parcel for this project containing
approximately one-half acre identified as tax no. 3070321. This parcel is shown on
Attachment #1 (shaded area).
Recommended Action:
Authorize the City Manager to accept the donation of property identified by tax no. 3070321,
subject to a satisfactory environmental site inspection.
Respectfully submi,tted,
City Manager
DLB/sef
Attachments
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
#CM02-00159
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
Attachment #1
AVENUE
''
i
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-361
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35982-071502 amending and reordaining certain
sections of the 2002-03 Fleet Management Fund Appropriations, in connection with
revenue and expenses of the Fleet Management Fund for fiscal year 2003; and dispensing
with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Dadene L. Burcham, City Manager
Jeffrey H. Powell, Director, General Services
Dick Bain, Acting Manager, Fleet Management
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.02\July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Tlze 15th day of July, 2002.
No. 35982-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Fleet
Management Fund APpropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Fleet Management Fund Appropriations, be, and the same are hereby,
amended and reordained to i'ead as follows, in part:
AnDropfiations
Operating
Fleet Management (1) ......
Revenues
$ 6,712,839
2,943,184
Billings to Other Funds (2) ....................................
1) Motor Fuel/Lube
Purchases
2) Billing for Motor
Fuel and Lube
(017-440-2641-3013)
(017-110-1234-1279)
700,000
700,000
$ 2,280,041
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Office of the City Manager
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Fleet Management Fund
Fuel Budget
Background:
In prior years all fuel purchases were handled by the City's Materials Control
Fund. However, at the close of fiscal year 2002 the Materials Control Fund was
closed due to discontinuation of the central warehouse function and all
responsibilities related to the purchases of fuel were reassigned to the Fleet
Management Fund.
Considerations:
Fuel for the City's underground tanks will be purchased by the Fleet
Management Fund and subsequently billed to departments through the same
billing process as in prior years. Budget increases of an equal amount in the
Fleet Management Fund's revenue and expense estimates are needed for fiscal
year 2003 to account for their new responsibilities. These recommended
adjustments do nOt have a material impact on the City's General Fund Budget.
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
Recommended Action:
City Council approve the attached ordinance amending the revenue
expenses of the Fleet Management Fund for fiscal year 2003.
Respectfully submitted,
Darlene L. Burcham
City Manager
and
DLB:afs
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CM02-00161
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #184-305
Stephanie M. Moon.
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Ms. Burcham and Mr. Hall:
I am attaching copy of Resolution No. 35983-071502 authorizing execution of an
Administrative Services Agreement between the City of Roanoke and the Roanoke Valley
Detention Commission to provide for continued accounting and payroll services by the City
through December 31, 2002, for a fee of $22,500.00; and to provide for continuation of
retirement administrative services for the Commission.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Glenn D. Radcliffe, Director, Human Services
John M. Chamblin, Jr., Chair, Roanoke Valley Detention Commission
N:\CKMHl~.genda.02\July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of 3uly, 2002.
No. 35983-071502.
A RESOLUTION authorizing execution of an Administrative Services Agreement
between the City of Roanoke and the Roanoke Valley Detention Commission, relating to the
provision by the City of accounting, payroll and retirement administrative services for the
Commission.
WHEREAS, pursuant to an Administrative Services Agreement dated May I, 2000, the
City has provided accounting, payroll and ,retirement administrative services to the Roanoke
Valley Detention Commission, and the Commission is now in a position to perform certain of
those services and is desirous of doing so effective January l, 2003;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager and the City Clerk are hereby authorized to execute and to seal and attest, respectively,
an Administrative Services Agreement with the Roanoke Valley Detention Commission
providing for the City to continue to provide accounting and payroll services for the Commission
through December 3 l, 2002, for a fee of $22,500, and providing for the City's continuing to
provide retirement administrative services for the Commission; all in accordance with the
recommendation set out in the report of the City Manager and Director of Finance, dated July 15,
2002, such Agreement to be in form approved by the City Attorney.
ATTEST:
City Clerk.
H:~EAS URES~r-detentionservicesagn~ 1.doc
JESSE A. HALL
Director of Finance
email: jesse_hall@ci.roanoke.va.us
CITY OF ROANOKE
DEPARTMENT OF F1NANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver@¢i.roanoke.va.us
July 15, 2002
The
The
The
The
The
The
The
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
SUBJECT: Administrative Services Agreement between City of Roanoke and
Roanoke Valley Detention Commission
Background:
The Roanoke Valley Detention Commission (the Commission) was established by the
Cities of Roanoke, Salem and the Counties of Botetourt, Franklin and Roanoke. The
Commission was created to renovate and construct an addition to the existing City
Detention Center to increase the rated capacity to an eighty-one (81) bed facility and to
equip, maintain, and operate the Center. Construction and renovation is now complete,
allowing the Center to operate at full capacity.
In August 1998, the Director of Finance was appointed by City Council to serve as the
temporary fiscal agent for the Commission. The City also contracted to provide
accounting, payroll and retirement administrative services for the Commission for a fee
of $40,000 annually.
Considerations:
The Commission has acquired software and established accounting procedures to
perform accounting services in-house effective July 1, 2002. They also anticipate
assuming the responsibility of processing payroll in-house effective January 1,2003.
Honorable Mayor and Members of Council
July 15, 2002
Page 2
The attached Administrative Services Agreement provides for the City to transition
accounting services and provide payroll services for the Commission through December
31, 2002 for a fee of $22,500. The City will continue to provide retirement
administrative services for the Commission. The fee for the provision of retirement
services will be determined by the annual Cost Allocation Plan for years beginning on
and after July 1,2003.
Recommended Action:
Authorize the City Manager to execute the attached agreement to provide accounting,
payroll and pension services in accordance with the attached agreement.
Respectfully submitted,
City Manager
Jesse A. Hall
Director of Finance
JAH/ca
Attachment
C~
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Glenn D. Radcliffe, Director, Human Services
THIS AGREEMENT made and entered into this ~ day of
2002, by and between the City of Roanoke, a municipal corporation of the Commonwealth
of Virginia, hereinae~er referred to as "City," and the Roanoke Valley Detention
Commission, hereinat~er referred to as "Commission".
WITNESSTH:
In consideration of the mutual terms and conditions herein, the parties agree as
follows:
Section 1, ,T~rm
This contract shall be effective on Suly 1, 2002 and will supercede any prior
agreements. The inifiM term of the contract shall bo for one (1) year and may thereafter be
renewed with mutual consent of the parties from year=to-year. Should either party dcsire to
chan~e any of the terms or conditions of the contract, written notice shall be provided to the
other party at least sixty (60) days prior to the end of the then-current contract year.
S~tion 2. ~
Either party may, with sixty (60) days written notice to the other party, terminate.
this Agreement. In the event of tgmination m accordance with this section or Section I
above, the City ~hall. upon paymhxt by the Commission of all fees and costs due, or
reimbursement by the City to the Commission of fees not yet incurred, return to the
Commission all of the Commission's original materials held by the City, and both parties
shall be released from any further obligations under this contm~.
Section 3. Fees
During each agreement year, the Commission shall pay the City the sum equal to the
amount of adminis~on expense specified in the annual Central Services Cost Allocation
Report for services provided under this Agreement. The first such payment will be paid to
the City based on the Fiscal Year 2003 Cost Allocation Report and subsequent fees will be
determined in like filshion The payment will be made within 30 days of publication of the
final report. Ail additio~ one time sum of $22,500 shall be made on or before July 30,
2002, to the City for accounting and payroll services provided under this Agreement for six
months of servicc ending Dccember 31, 2002. These services Will include the compilation
and distribution of any and all W-2 and 1099
forms for the calendar year 2002. On or ai~r December. 31, 2002, the City shall mm over
any and all payroll and accounting records that are being held for the Commission. After
this dates it is planned that the Commission will no longer require these services fi:om the
City. In the event this Agreement is terminated in accordance with Section 2, above, the fees
due to be paid ~om the Commission to the City for services rendered or to be reimbursed by
the City to the Commission for fees not yet incurred shall be prorated on a monthly basis.
Section 4. ~
.4, Accountine The City shall ~ainmin the records and accounts of the
Commi.~sion, in accordance with generally accepted accounting principals for government
entities consistently applied,. for all the business activities related to the operation of the
Detention Center. In addition, the City shall coordin~_v, the annual audit work with outside
auditors selected and paid for by the Commission. The City shall prepare the official annual
finnr~cial report of the Commi~ion as part of thi.~ Agreement for the fiscal year 2002. It is
the plan o~ the Commi~ion to assume all acco~ functions other than payroll, pension
administration, and insurance, starting July l, 2002. This includes accounts payable, billing
and general ledger functions. The City will compile and distribute any and all 1099 forms tO
vendors and contractors of the Commission to whom the City has made payments on behalf
o£the Commi~ion gor the period ending Deeernber 31, 2002.
B, Payroll The City shall prepare the bi-weekly payroll for the Commission
employees and shall male payment to the proper agencies for withholding taxes and reLated
deductions. All Commission employees will be paid by direct deposit to their individual
bank accounm unless they are currently exempted under the City's direct deposit policy. All
related payroll charges for salary benefits, and employer match amounts will be charged
directly to the Commission accounts. It is the plan of the Commission to assume payroll
functions for the pay period ben-arming December 24, 2002. The actual last day worked for
calendar year 2002 will be December 23. The City will compile and distribute any and all
W-2 ~ 1099 forms.th,t_, relate to Commission brininess for the period ending December. 31,
2002.
C. Pension Admlnigtration Employees of the Commission shall be members
of the City's Pension Plan, and the Commission shall pay any and all required contributions
for such employees to the City as determined by the plan's actuary. The City shall provide
all necessary related pension administrative services for Commission employees who are
members of the City's Pension Plan. Beginning ganuary 1, 2003, payments will be remitted
by the Commission to the City on behalf of the Commission's employees. These payments
will include the CommiSSion's and employee's portion of contributions.
D. Insurane~ The City mill allow the Commission to purchase for Commission
employees health, dental, life and long-term disability insurance through the City's insurance
programs. The City will also permit Commission employees to purchase additional
insurance coverage, which the City makes available for its employees to purchase. The
Commission will require payroll deductions or other mechanism for such purchase by the
Commission employees, which the City requires for its employees. Beginnin~o January 1,
2003, payments will be remitted to the City by the Commission on beha~ of the
Commission's employees. These payments will include the Commission's and employee's
portion of insurance premiums. Should the contract term for an insurance program have an
expiration date other than the expiration date of the Administrative Services Agreement, the
City may .discontinue the Commission's participation in the plan by rendering a 90 day
written notice prior to the expiration date o£the insurance program contract.
~ Notice
Notice shall be deemed effective at the time that such is hand-delivered to the person
designated below or sent simultm~ously by certified mail, return receipt requested and F~st
class mail to:
',$esse A. Hall
City of Roanoke
215 Church Ave., Room 461
Roanoke, VA 24011
~ohn Chambliss
Roanoke County Admini.m~'on
5204 Bernard Drive, S.W.
Roanoke, VA 24018
Section 6.
Comoliance with Law - Employment discrlmlns~on b~
Commission prohibleed
(A)
During the performance of this c, oatm~ the Commission agrees
as follows:
(0
The Commission will not discl'imin~te agailkst any
employee or applicant for ~ployment because of lace,
religion, color, sex or national origin, except where
religion, sex or national origin is a bona fide
occupational q-~iification reasonably necessary to the
normsi operation of the contractor. The Commission
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth the provisions of this no 'mhscfimination
clauso.
(2)
The Commission, in all solicitations or advertisements
for employees placed by or on behalf of the Commission
will s~te that such Commission is an equal employment
opportunity employer.
(3)
Notices, advertisements and sohcitations placed in
accordance with Federal law, rule or rcs~,l~_~ion shall be
deemed sufficient for the purpose of meeting tho
,r, luirem nts oft i., seetio
The Commission will include the provisions of the foregbing
subparagraph (A)(1), (2) and (3), in every subcontract or
purchase order of over ten thousand do,o,~ ($10,000.00), so that
the provisions will be bindln~ upon each commi-~sion or vendor.
~ction ?.~
Drun Free Wgrkpla~ to be mnin~tnlugd b~
During the performance of this contract, the Commission agrees
to:
(1) Provide a drug-free workplace for. the Commission's
employees;
(2)
(3)
Post in conspicuous places, available to employees and
applicants for employment, a s~__temen~ notig3dng
employees that the unlawful manufacture, sale.
distribution, dispensation, possession, or use of a controlled
substance or marijuana is prohibited in the commission's
workplace and specifying the actions that will be taken
against employees for violations of such prohibition;
St_~__e in all solicitations or advertisements for employees
placed by or on behaff of the Commission's wodcplace and
specif34ng the actions that will be taken agah~ employees
for violations of such prohibition;
Include the provisions of the foregoing clauses in
every subcontract or pureh,se order of over ten
thousand dollars ($10.000). so th~ the provisiom
will be binding upon each subcontractor or vendor.
IN V~ITNESS WHEREOF, the parties have on the above date. caused this
Agreement to be executed by their duly authorized representative.
ATTEST:
ROANOKE VALLEY DETENTION COMMISSION
ATTEST:
CITY OF ROANOKE, VIRGINIA
BY:
Approved as to Form:
Approved as to Execution:
City A omey City Attorney
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #9-60-412
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35984-071502 amending and reordaining certain
sections of the 2002-03 General and Grant Funds Appropriations, providing for
appropriation of $25,000.00, in connection with a Regional Competitiveness Program, and
dispensing with the second reading by title of this ordinance.
The abov~referenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Dadene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
N:\CKMHl~Agenda.02\July 15, 2002 correspondence.wpd
IN THE COUNCIL Of THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35984-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General and Grant Funds Appropriations, and dispensing with the second reading-by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 General and Grant Funds Appropriations, be, and the same are hereby,
amended.and reordained to 'read as follows, in part:
General Fund
Nondepartmental
Transfers to Other Funds (1) $ 69,600,968
..................... 68,632;726
Contingency-General Fund i~i ........................................... 476,300
Grant Fund
Community Development
Regional Competitiveness Program (3) ....................................................
...Revenues
$ 107,300
61,200
Community Development
Regional Competitiveness Program (4-6) ............. $
Fees for Professional
Services (035-650-9750-2010) 61,200
4) State Grant (035-650-9750-9750) 25,000
5) Local Match - City (035-650-9750-9751) 23,700
6) Local Match - County(035-650-9750-9752) 12,500
1) Transferto Grant Fund (001-250-9310-9535) $ 23,700
2) Contingency (001-300-9410-2199) (23,700)
3)
107,300
61,200
Pursuant to the provisions of Section 12 of the City Charter, the second reading,
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Office of the City Manager
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Acceptance and Appropriation of
Regional Competitiveness
Program Funds
Background:
Prompted by a desire to enhance air service to and from the Roanoke Regional Airport, in
January, 2001, the City applied for a $50,000 grant under the Regional Competitiveness
Program, a state-funded program administered in this area by the Fifth Planning District
Regional Alliance. The funds were to serve as the seed from which to grow a subsidy pool
of over $800,000 to attract a carrier to increase Iow-cost daily flights between Roanoke and
Dulles International. In March, 2001, the City received notice that its proposal was being
allocated $45,000. Since that time, the City has reviewed its intended project concept and
determined that a preliminary stage was needed to help focus the development efforts. A
request was made to the Regional Alliance in January, 2002, that it allow the award to be
used for consultant services, which would help create the public-private partnerships and
action plans required to make progress. Final agreement on the terms of the revised use
of funds was reached in May, 2002.
Considerations:
The terms of the revised agreement with the Regional Alliance provide a grant of $25,000
for consulting services, subject to the City providing an equal amount of matching funds. To
expedite air service development activities, the City has engaged the services of Barry E.
DuVal, President and CEO of Kaufman & Canoles Consulting, LLC, Newport News,
Virginia. The one-year consulting services agreement began April 1,2002, and provides a
monthly retainer of $4',100, for a total compensation of $49,200, plus a maximum of
$12,000 for normal business expense reimbursements. This maximum total commitment
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
Mayor and Members of Council
July 15, 2002
Page 2
of $61,200 for consulting services will be supported by the $25,000 grant of Regional
Competitiveness Program funds and a commitment of $12,500 from Roanoke County, with
the balance of $23,700 to be provided from the City Manager's Contingency. The City's
and the County's contributions will also fully satisfy the match requirement to receive the
Regional Competitiveness Funds.
Recommended Actions:
Accept the $25,000 Regional Competitiveness Program funds and the commitment of
$12,500 from Roanoke County and appropriate these funds to an account to be
established by the Director of Finance. Transfer funding of $23,700 from the Contingency
to the same newly-established account.
Respectfully submitted,
City Manager
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
CM02-00164
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35993-071502 amending and reordaining certain
sections of the 2002-03 School Food Services Fund Appropriations, in connection with
reappropriation of unspent budget funds that were originally appropriated and are
contractually obligated for goods and services, and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc.'
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15ch day of July, 2002.
No. 35993-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-
2003 School Food Services Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2002-2003 School Food Services Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
ApproDriation~
Food Services
Total Appropriations
Fund Balance
$ 6,330
Reserve for Prior Year Encumbrances
$ 6.330
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35992-071502 amending and reordaining certain
sections of the 2002-03 School Fund Appropriations, in connection with reappropriation of
unspent budget funds that were originally appropriated and are contractually obligated for
goods and services, and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Dadene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMH1V~.genda.02\July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35992-071502.
AN ORDINANC'E to amend and reordain certain sections of the 2002-2003
School Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 School Fund Appropriations, be, and the same are hereby, amended
and reordained to read as.follows, in part:
Aooropriation_~
Instruction
General Support
Transportation
Operation/Maintenance of Plant
Facilities
Total Appropriations
Fund Balance
$ 567,458
43,104
13,160
311,709
566,988
Reserve for Prior Year Encumbrances
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-361
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35991-071502 amending and reordaining certain
sections of the 2002-03 Fleet Management Fund Appropriations, in connection with
reappropriation of unspent budget funds that were originally appropriated and are
contractually obligated for goods and services, and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35991-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Fleet Management Fund Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 Fleet M.anagement Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Operating
Capital Outlay
Total Appropriations
$ 1,556
510,623
$512.179
Pursuant to the provisions of Section 12 of the City Charter, the second
reading o;f this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
_ Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-262
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35990-071502 amending and reordaining certain
sections of the 2002-03 Department of Technology Fund Appropriations, in connection with
reappmpriation of unspent budget funds that were originally appropriated and are
contractually obligated for goods and services, and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda,02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35990-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003'
Department of Technology Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 Department of Technology Fund Appropriations, be, and the same are
hereby, amended and reor. dained to read as follows, in part:
Al~Dronriations
Information Technology Division
Total Appropriations
83,903
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-553
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35989-071502 amending and reordaining certain
sections of the 2002-03 Parking Fund Appropriations, in connection with reappropriation
of un§pent budget funds that were originally appropriated and are contractually obligated
for goods and services, and dispensing with the second reading by title of this ordinance.
The aboV~referenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~.genda.02\July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15ch day of July, 2002.
No. 35989-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Parking Fund Appropriations, and dispensing with the second reading by the title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 Parking Fund Appropriations, be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Gainsbom Surface Lot
Total Appropriations
$ 3,250
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
_ Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-192
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35988-071502 amending and reordaining certain
sections of the 2002-03 Civic Facilities Fund Appropriations, in connection with
reappropriation of unspent budget funds that were originally appropriated and are
contractually obligated for goods and services, and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Dadene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:',CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE crrY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35988-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Civic Facilities Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 Civic Facilities Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
ADDropriation~
Operating
Capital Outlay ' $ 24,572
Victory Stadium 168,304
9,209
Total Appropriations
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
_ Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-468
Stephanie M. Moon,
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35987-071502 amending and reordaining certain
sections of the 2002-03 Water Pollution Control Fund ,Appropriations, in connection with
reaPpropriation of unspent budget funds that were originally appropriated and are
contractually obligated for goods and services, and dispensing with the second reading by
title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc'
Dadene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35987-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Water Pollution Control Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 Water Pollution Control Fund Appro'priations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Apl~ropriationR
Water Pollution Control - Administration
Water Pollution Control - Maintenance
Water Pollution Control - Operations
Water Pollution Control - Laboratory
Lateral Maintenance and Replacement
Total Appropriations
$ 349,100
5,467
1,215
' 174
29,375
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF R O NOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60-468
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35986-071502 amending and reordaining certain
sections of the 2002-03 Water Fund Appropriations, in connection with reappmpriation of
unspent budget funds that were originally appropriated and are contractually obligated for
goods and services, and dispensing with the second reading by title of this ordinance.
The abovbreferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincere/~,
Deputy City Clerk
SMM:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMH%Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35986-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Water Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 Water Fund Appropriations, be, and the same are hereby, amended
and reordained to read as follows, in part:
AI310roDriation-~
Water- Operating
Water- Pumping Stations
Water- Purification
Water- Capital Outlay
Utility Line Services
Total Appropriations
$ 790
473
113,310
199,070
25,738
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF RO.4NOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #60
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35985-071502 amending and reordaining certain
sections of the 2002-03 General Fund Appropriations, in connection with reappropriation
of unspent budget funds that were originally apPropriated and are contractually obligated
for goods and services, and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.02\July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35985-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 General Fund Appropriations, be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Treasurer
Clerk of Circuit Court
Juvenile and Domestic Relations Court Services
Juvenile and Domestic Relations Court Clerk
General Distdct Court
Circuit Court
Commissioner of the Revenue
Shedff
Jail
Commonwealth's Attorney
City Council
Municipal Auditing
Department of Finance
Billings and Collections
Electoral Board
City Manager
Economic Development
Human Resources
Department of Management and Budget
E911 Center
Telecom mu nications
Purchasing
Director of General Services
Custodial Services
Building Maintenance
Fire - Support
Fire - Operations
Fire - Airport Rescue
Emergency Medical Services
3,914
16,666
9,781
4,748
'8,231
61,855
46
2,431
363,332
859
841
42,100
835
21,896
6
1,035
8,192
32,912
7,623
675
2,627
2,127
737
57,139
565,798
1,017
12,796
246
2,685
Transportation - Streets and Traffic
Transportation - Paving
Transportation - Snow Removal
Transportation - Street Lighting
Transportation - Engineering and Operations
Solid Waste Management
Engineering
Building Services
Planning, Building and Development
Neighborhood Partnership
Housing & Neighborhood Services
Parks
Recreation
Community Education
Social Services - Administration
Income Maintenance
Social Services - Services
Outreach Detention
Youth Haven
Crisis Intervention
Police - Administration
Police - Investigation
Police - Patrol
Police - Services
Police - Training
Law Library
Environmental Services and Emergency Management
Total Appropriations
Fund Balance
Reserve for Prior Year Encumbrances
Pursuant to the provisions of Section 12 of the City Charter,
reading of this ordinance by title is hereby dispensed with.
$ 108,365
677,336
59,355
13,148
5,902
2OO
184,270
5,375
15,690
1,620
3,420
79,141
13,852
1,276
613
4,874
864
2,629
1,476
8,329
112
270
9,175
3,102
232
7
15
the second
A'I-i'EST:
City Clerk.
JESSE A. HALL
Director of Finance
email: jesse_hall@ci.roanoke.va.us
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver~ci.roanoke.va.us
July 15, 2002
The
The
The
The
The
The
The
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice-Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
At the close of fiscal year 2002, budgeted funds were obligated for outstanding
encumbrances. Purchase orders or contracts were issued for goods and services as of
the close of fiscal year 2002, but delivery of the goods or performance of the services
had not been completed. Reappropriation of these funds carries forward the unspent
budgets that were originally appropriated and are contractually obligated for the goods
and services. The appropriation amounts are as follows:
General Fund
Water Fund
Water Pollution Control Fund
Civic Facilities Fund
Parking Fund
Department of Technology Fund
Fleet Management Fund
School Fund
School Food Services Fund
$ 2,433,798
339,381
385,331
2O2,085
3,250
83,903
512,179
1,502,419
6,330
Honorable Mayor and Members
Of City Council
July 15, 2002
Page 2
I recommend that Council adopt the attached budget ordinances to reappropriate these
funds into the current year budgets in order that these encumbrances may be properly
liquidated.
Sincerely,
Jesse A. Hall
Director of Finance
JAH/THT/g
Attachments
C~
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Richard L. Kelley, Assistant Superintendent of Operations
Robert H. Bird, Acting Purchasing Manager
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk .
July 18, 2002
File #60-467
Gloria P. Manns, Chair
Roanoke City School Board
1727 Staunton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Manns:
I am enclosing copy of Ordinance No. 35994-071502 amending and reordaining ce~ain
sections of the 2002-03 School Fund Appropriations, providing for appropriation of funds
to various school accounts in connection with the Comprehensive School Reform grant,
and dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Dadene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
N:\CKMHl~genda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL Of THE CITY Of ROANOKE, VIRGINIA
The 15th day of July, 2002.
No. 35994-071502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
School Fund Appropdations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 School Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows,'in part:
ADDropriations
Education
Comprehensive School Reform Grant-'Preston Park 2002-2003 (1-5) ....
Comprehensive School Reform Grant- Round Hill 2002-2003 (6-10) .......
Comprehensive School Reform Grant- Forest Park 2002-2003 (11-19)...
Comprehensive School Reform Grant - Highland Park .
2002-2003 (20-26) ................................................................................
Title III Grant 2002-2003 (27-40) ................................................................
Revenues
$131,096,810
54,081
54,081
54,081
54,081
37,565
Education
Comprehensive School Reform Grant - Preston Park 2002-2003 (41) ......
Comprehensive School Reform Grant - Round Hill 2002-2003 (42) ..........
Comprehensive School Reform Grant - Forest Park 2002-2003 (43) ........
Comprehensive School Reform Grant - Highland Park 2002-2003 (44) ....
Title III Grant 2002-2003 (45) .....................................................................
1) Supplements
2) Social Security
3) In-Service Workshops
4) Office Supplies
5) Educational and
Recreational Supplies
6) Compensation of
Teachers
7) Supplements
8) Social Security
9) Retirement
(030-062-6101-6000-0129) $ 3,250
(030-062-6101-6000-0201 ) 250
(030-062-6101-6000-0587) 15,789
(030-062-6101-6000-0601 ) 22,270
(030-062-6101-6000-0614) 12,522
(030-062-6102-6000-0121)
(030-062-6102-6000-0129)
(030-062-6102-6000-0201)
(030-062-6102-6000-0202)
40,701
3,250
3,362
3,865
$131,096,810
54,081
54,081
54,081
54,081
37,565
10) Health Insurance
11 ) Supplements
12) Social Secudty
13) Mileage
14) Conventions/Education
15) Testing/Evaluation/
Dissemination
16) Other Miscellaneous
Payments
17) In-service Workshops
18) Office Supplies
19) Educational and
Recreational Supplies
20) Social Secudty
21) Mileage
22) Testing/Evaluation/
Dissemination
23) Other Miscellaneous
Payments
· 24) In-service Workshops
25) Educational and
Recreational Supplies
26) Addition - Machinery
and Equipment
27) Compensation of Teachers
28) Social Secudty
29) Retirement
30) Health Insurance
31 ) Conventions/Education
32) Field Trips
33) Educational and
Recreational Supplies
34) Compensation of Teachers
35) Social Secudty
36) Retirement
37) Health Insurance
38) Conventions/Education
39) Field Tdps
40) Educational and
Recreational Supplies
41 ) Federal Grant Receipts
42) Federal Grant Receipts
43) Federal Grant Receipts
44) Federal Grant Receipts
45) Federal Grant Receipts
(030-062-6102-6000-0204)
(030-062-6198-6000.0129)
(030-062-6198-6000.0201)
(030-062-6198-6000-0551)
(030-062-6198-6000-0554)
(030-062-6198-6000-0584)
(030-062 -6198-6000-0586)
· (030-062-6198-6000.0587)
(030-062-6198-6000-0601 )
(030-062-6198-6000-0614)
(030-062-6199-6000-0201 )
(030-062-6199-6000-0551 )
(030-062-6199-6000-0584)
( 030-062-6199-6000-0586)
(030-06,2'-6199-6000.0587)
(030-062-6199-6000_0614)
(030-062-6199-6000-0821)
(030-062-6263-6005-0121)
(030-062-6263-6005-0201)
(030-062-6263-6005-0202)
(030-062-6263-6005-0204)
(030-062-6263-6005-0554)
(030-062-6263-6005-0583)
(030-062-6263-6005-0614)
(030-062-6263-6105-0121)
(030-062-6263-6105-0201)
(030-062-6263-6105-0202)
(030-062-6263-6105-0204)
(030-062-6263-6105-0554)
(030-062-6263-6105-0583)
(030-062-6263-6105-0614)
(030-062-6101-1102)
(030-062-6102-1102)
(030-062-6198-1102)
(030-062-6199-1102)
(030-062-6263-1102)
$ 2,903
3,250
25O
4,500
4,00O
12,000
11,681
12,000
400
6,000
1,095
4,5O0
6,688
3,669
3,948
12,581
21,600
13,120
1,003
1,246
1,162
4,000
1,000
5,000
6,773
518
643
600
1,000
500
1,000
54,081
54,081
54,081
54,081
37,565
Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
~/-Roanoke
City School Board
P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381 · Fax: 540-853-2951
July 15, 2002
The Honorable Ralph K. Smith, Mayor
and IVlembers of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its July 8 meeting, the
Board respectfully requests City Council to approve the following
appropriations:
· $54,081.00 for the Comprehensive School Reform (CSR) Grant
to provide for the replication of successful intervention
programs from other school divisions at Forest Park
Elementary School. Forest Park will implement a basic skills
program which includes staff development and remedial skills
instruction. This continuing program is one hundred percent
reimbursed by federal funds.
· $54,081.00 for the Comprehensive School Reform (CSR)
Grant to provide for the replication of successful intervention
programs from other school divisions at Highland Park
Elementary School. Highland Park will implement a basic
skills program which includes international baccalaureate,
math, and reading skills instruction. This continuing program
is one hundred percent reimbursed by federal funds.
· $54,081.00 for the Comprehensive School Reform (CSR) Grant
to provide for the replication of successful intervention
programs from other school divisions at Round Hill Montessori
Magnet Primary School. Round Hill will implement a basic
skills program which includes staff development and remedial
skills instruction. This continuing program is one hundred
percent reimbursed by federal funds.
· $54,081.00 for the Comprehensive School Reform (CSR)
Grant to provide for the replication of successful intervention
programs from other school divisions at Preston Park
Elementary School. Preston Park will implement a basic skills
program which includes staff development and remedial skills
instruction. This continuing program is one hundred percent
reimbursed by federal funds.
Preparing Students for Success -'//
Members of Council
Page 2
July 15, 2002
re
cc:
$37,565.00 for the 2003 Title III Grant to provide services to
students with limited English proficiency and to immigrant
children. This new program is one hundred percent reimbursed
by federal funds.
Thank you for your attention to this request.
Sincerely,
Cindy H. Lee, Clerk
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mrs. Ann H. Shawver (with
accounting details)
JESSE A. HALL
Director of Finance
email: jesse_hall@¢i.roanok¢.va.us
July 15, 2002
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver~ci.roanoke.va.u s
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable William H. Carder, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
We have reviewed the attached request to appropriate funding for the School Board. This
report will appropriate the following:
$54,081 for the Comprehensive School Reform (CSR) Grant to provide for the
replication of successful intervention programs from other school divisions at
Forest Park Elementary School. Forest Park will implement a basic skills
program which includes staff development and remedial skills instruction. This
continuing program is one hundred percent reimbursed by federal funds.
$54,081 for the Comprehensive School Reform (CSR) Grant to provide for the
replication of successful intervention programs from other school divisions at
Highland Park Elementary School. Highland Park will implement a basic skills
program which includes international baccalaureate, math, and reading skills
instruction. This continuing program is one hundred percent reimbursed by
federal funds.
$54,081 for the Comprehensive School Reform (CSR) Grant to provide for the
replication of successful intervention programs from other school divisions at
Round Hill Montessori Magnet Primary School. Round Hill will implement a
basic skills program which includes staff development and remedial skills
instruction. This continuing program is one hundred percent reimbursed by
federal funds.
$54,081 for the Comprehensive School Reform (CSR) Grant to provide for the
replication of successful intervention programs from other school divisions at
Preston Park Elementary School. Preston Park will implement a basic skills
program which includes staff development and remedial skills instruction. This
continuing program is one hundred percent reimbursed by federal funds.
Members of Council
Page 2
July 15, 2002
· $37,565 for the 2003 Title III Grant to provide services to students with limited English
proficiency and to immigrant children. This new program is one hundred percent
reimbursed by federal funds.
I recommend that you concur with this report of the School Board.
Sincerely,
Jesse A. Hall
Director of Finance
JAH/TL/pac
Attachment
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File ~50
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Dadene 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 Monday,
July 15, 2002, Council Member Carder requested that the City Manager present a measure
for consideration by Council in support of efforts of the Fifth Planning District Regional
Alliance: Regional Economic Strategy, with regard to a regional economic development
policy.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
N:\CKMHl~Agenda.02\July 15, 2002 correspondence.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ei.roanoke.va~us
July 18, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Edward A. Natt, Attorney
Osterhoudt, Prillaman, Natt, Helscher,
Yost, Maxwell, and Ferguson, P.L.C.,
P. O. Box 20487
Roanoke, Virginia 24018
Dear Mr. Natt:
I am enclosing copy of Ordinance No. 35995-071502 vacating, discontinuing and closir~g
that portion of Hite Street, S. W., extending from the southerly end of the existing
cul-de-sac in a southerly direction to the northerly line of the right-of-way of U. S. Route
220 in the City of Roanoke, and dispensing with the second reading of this ordinance by
title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
SMM:mh
Stephanie M. Moon
Deputy City Clerk
Enclosure
pc;
Commonwealth of Virginia, 4609-D Pinecrest Office Park Drive, Alexandria, Virginia
22312
South Roanoke Nursing Home, Inc., cio Mr. C. E. Carter, 3823 Franklin Road,
S. W., Roanoke, Virginia 24014
Mr. Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite
200, Roanoke, Virginia 24018
Summertree Apartments, L.L.C., P. O. Box 2152, Roanoke, Virginia 24009
N:\CKMHl~Agenda.02~July 15, 2002 co~respondence.wpd
Edward A. Natt
July 18, 2002
Page 2
pc:
Darlene L. Burcham, City Manager
Rolanda A:: Johnson, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
N:\CKMHl~Agenda.02\July 15, 2002 correspondence,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
No. 35995-071502.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
fight-of-way in the City of Roan0ke, Virginia, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Robert Evan, LLC, 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-w, ay 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
July 15, 2002, after due and timely notice thereof as required by §30-14, Code of 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 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 fight-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:
Beginning at a point on the northerly right-of-way of U.S. Route 220 entrance
ramp at the southeasterly comer of the property of Robert Evan, LLC; thence
with the westerly line of Hite Street N. 27° 42' 50" W. 268.24 feet to a point;
thence crossing Hite Street N. 62° 17' 28" E. 50 feet to a point; thence with the
easterly line of Hite Street S. 27° 42' 50" E. 315.90 feet to the northerly fight-
of-way line of U.S. Route 220; thence with the same N. 73° 03' 55" E. 69.06
feet to the point and place of beginning, and containing 0.3352 acre
be, and is hereby permanently vacated, discontinued and closed, and that all fight 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 fight-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 fight 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
2
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 th~ 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 ORDINAED t~at prior to receiving all required approvals of the
subdivision plat referenced in the previous paragraph, the applicant shall give .th the
Treasurer for the City of Roanoke a certified check or cash in the amount of six thousand five
hundred dollars and no cents ($6,500.00) as consideration for this action taken by City
Council.
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 FURTHER 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.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
June 17,2002
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, Council Member
William White, Sr., Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Robert Evan, LLC, represented by Edward A. Natt,
attorney, that a portion of Hite Street, S.W., extending from the
southerly end of the existing cul-de-sac on Hite Street, S.W., in a
southerly direction for approximately 371.06 feet, more or less, to
the northerly line of the right-of-way of U.S. Route 220 be
permanently vacated, discontinued and closed.
Planning Commission Action:
Planning Commission public hearing was held on May 16, 2002. By a vote of 5-
0-1 (Mr. Campbell absent, Mr. Butler abstaining), the Commission recommended
approval of the requested closure.
Background:
Hite Street has an existing cul-de-sac that has been dedicated to the City. The
petitioner seeks the vacation of the remaining portion of Hite Street between the cul-de-
sac and the street's southernmost limit where it abuts U.S. Route 220.
The Petitioner's original petition incorrectly stated the length of the right-of-way to
be vacated as 371.06 feet. An amended petition was subsequently filed with a metes
and bounds description and a map showing the length of the portion of right-of-way as
315.9 feet at its longest point.
The Planning Commission raised no questions with the Petitioner's attorney or
Staff regarding the implications of vacating the portion of right-of-way. Mr. Rife
commented that it currently is being used for parking, to which the Petitioner replied that
it was not and the site was vacant.
Mr. Rife also asked staff why the staff report recommendation to vacate the
portion of right-of-way also included a recommendation not to sell the subject property,
as is City Council's right. Staff replied that this issue had been discussed by staff with
the City Attorney's office, the City Engineer, the Director of Real Estate Valuation, and
the Assistant City Manager. Staff further explained that due to the lack of consensus
on the issue of establishing a guideline to determine the circumstances by which right-
of-way and/or alley should be sold when vacated, staff at this time has chosen not to
draft an ordinance or any written guidelines pertaining to such. The disincentive of sale
of such right-of-way and/or alley and the implications of establishing a precedent
thereof, were also given by staff as additional reasons for the recommendation not to
sell this portion of right-of-way.
This matter was clarified subsequent to the Planning Commission hearing by the
City Attorney. He advised staff that the former Water Resources Committee decided
that staff should make a recommendation in each report on the sale of right-of-way and
alleys on a case-by-case basis. In all future reports staff will include a recommendation
for or against the sale of right-of-way and alleys.
While staff recommended that the Petitioner not be required to purchase the
portion of right-of-way, staff advised that City Council maintains the right to sell the
portion of right-of-way. Mr. Manetta inquired of the City Attorney whether the Planning
Commission has the legal authority to recommend the sale of right-of-way or alley. The
City Attorney advised the Planning Commission that it does have the authority to
recommend the sale of such property.
Mr. Manetta commented to staff and the City Attorney that this issue needs to be
addressed since such properties were valuable when combined with adjoining parcels,
and that the City should in some cases sell them. Mr. Manetta requested that staff
make recommendations in the future as to whether such properties should be sold by
City Council.
Considerations:
The parcels adjoining the portion of right-of-way are zoned C-2, General
Commercial District. To the north the area is zoned RM-2, Residential Multifamily,
Medium Density District.
The petitioner's property lies to the west of the portion of right-of-way and is
presently vacant. To the east is a nursing home, which is bordered by vacant land to
the south.
The area is served by City sewer and water. Staff received comments from
American Electric Power (AEP), Roanoke Gas Company and Verizon. The latter stated
no objections to the petitioner's request. Both AEP and Roanoke Gas advised they
have facilities in the area and would need to maintain easements. In addition, a
sanitary sewer easement must be maintained.
The cul-de-sac and Route 220 effectively render the portion of right-of-way
useless, as it cannot connect to any other right-of-way improvements.
Vision 2001-2020 recommends that the City's roads have connectivity between
them, and that the development of cul-de-sacs should be avoided. However,
connectivity is limited at Hite Street's southern end by Route 220.
City Council is authorized to sell this vacated portion of the right-of-way, if it so
chooses. Section 15.2-2008 of the Virginia Code (1950), as amended, authorizes a
City to require an abutting property owner to purchase the vacated right-of-way as a
condition of the vacation. Under such an arrangement, the price may be no greater
than the property's fair market value or its contributory value to the abutting property,
whichever is greater, or the amount agreed to by the parties. Real Estate Valuation
quoted the valuation range for this 14,601 square foot portion of Hite Street as $7,600 -
$8,800, based on a rate of $1.30 - $1.50 per square foot less 60% for utility easements.
Recommendation:
By a vote of 5-0-1 (Mr. Campbell absent, Mr. Butler abstaining), the Planning
Commission recommended approval of the requested closure contingent upon the
items listed below. The portion of right-of-way in question has no utilitarian value to the
City. The Planning Commission does not recommend sale of the portion of right-of-
way.
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would 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 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 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 one year
from the date of adoption of this ordinance, then said ordinance shall
be null and void with no further action by City Council being necessary.
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
attachments
cc: Darlene L. Burcham, City Manager
Rolanda Johnson, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Ed Natt, Attorney for the Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Application of ROBERT EVAN, L.L.C. for )
vacation of that portion of Hite Street extending )
from the southerly end of the existing cul de sac )
in a southerly direction to the northerly line of the )
Right-of-Way of U.S. Route 220 )
SECOND AMENDED
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF STREET
ROBERT EVAN, L.L.C. applies to have that portion of Hire Street extending from the
southerly end of the existing cul de sac in a southerly direction to the northerly line of the Right-
of-Way of U.S. Route 220, in the City of Roanoke, Virginia, permanently vacated, discontinued
and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of
Roanoke (1979), as amended. This street is more particularly described on the map attached and
as follows:
That portion of Hite Street described as follows:
Beginning at a point on the northerly right-of-way of U. S. Route
220 entrance ramp at the southeasterly comer of the property of
Robert Evan, LLC; thence with the westerly line of Hire Street N.
27° 42' 50" W. 268.24 feet to a point; thence crossing Hite Street
N. 62° 17' 28" E. 50 feet to a point; thence with the easterly line of
Hite Street S. 27° 42' 50" E. 315.90 feet to the northerly right-of-
way line of U. S. Route 220; thence with the same N. 73° 03' 55"
E. 69.06 feet to the point and place of beginning, and containing
0.3352 acre.
The grounds for the application are as follows:
Hite Street, from the end of the existing cul de sac to the right-of-way of U.S. Route 220
serves no properties other than the property of the Petitioner and that of South Roanoke Nursing
Home, Inc. Each of said parties is in agreement for the vacation of this undeveloped street. No
additional properties can be served off of this street since the development of U.S. Route 220.
F:\USERS\CBaumgardner\ZONING\Robert Evan AMENDED VACATION APPLICATION.doc I
WHEREFORE, ROBERT EVAN, L.L.C. respectfully requests that the above-described
street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia
Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
RO BE RT/~AN,/L.L A~. _~
Robert S. Freeman, Member
CONTACT:
Edward A. Natt, Esq.
3912 Electric Road
Roanoke, VA 24018
Phone: (540) 725-8180
Fax: (540) 772-0126
F:\USERS\CBaumgardner~ZONING\Robert Evan AMENDED VACATION APPLICATION.doc 2
ROCK RETAIHINO WALL
TAX ~ 5490502
Property of
Robert Even, LLC
Instrument ~ 01005780
14,000 SF MLrTAL laUILDIHG
F.F. EL.EV. 1118.25
ROCK RETAINING
0 80' W
V~JL !
\
\ ·
R-
T- 15.34'
L-
BRG S 23'02'30' E
~ 32.58'
UERIOl/~l OF
PL4T BOCK ~. PAGE9
EXISTING CUL-DE-SAC
PROPOSED RIGHT-OF-WAY
Sl~'m Dr~h
Top E1.-1118,47'
15'RCP Inv.-IltJ. 92'
rAX / 5~R:~
~ LOCAnOH OF
~. 2' HIGH PRESEUR£ GAS LINE
PROPOSED PROPERTY LINE
\ /-SHADED AREA DENOTES AREA
OF RIGHT-OF-WAY TO BE VACATED
0.,3352 ACRES
L. A. GATES COMPANY
ENGINEERS AND CONSULTANTS
506 MARKET STREET, SE
ROANOKE, VIRGINIA 24011
(540)342-8423 - FAX (540)542-8425
BECKLEY. WV CHARLESTON, WV ROANOKE, VA
ROBERT EVAN, L.L.C.
SUITE 200
5214 ELECTRIC ROAD, S.W.
ROANOKE, VIRGINIA 24018
ROBERT EVAN, L.L.C. - TAX #5490502
VACATED RIGHT-OF-WAY
HITE STREET
CITY OF ROANOKE, VIRGINIA
DSO I .... I DSO I MAY, 2002I ISCALE: 1"-6o'I 1
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
July 9, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Edward A. Natt, Attorney
OsterhoUdt, Prillaman, Natt,'Helscher,
Yost, Maxwell, and Ferguson, P.L.C.,
P. O. Box 20487
Roanoke, Virginia 24018
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,
July 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Robert Evan, L.L.C., that a portion of Hite Street,
S. W., extending from the southerly end of the existing cul-de-sac in a southerly direction
to the northerly line of the right-of-way of U. S. Route 220 in the City of Roanoke, be
permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the July 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
July 9, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Commonwealth of Virginia
4609-D Pinecrest Office Park Drive
Alexandria, Virginia 22312
South Roanoke Nursing Home, Inc.
c/o Mr. C. E. Carter
3823 Franklin Road, S. W.
Roanoke, Virginia 24014
Mr. Robert S. Freeman
Springwood Associates
3214 Electric Road, S. W., Suite 200
Roanoke, Virginia 24018
Summertree Apartments, L.L.C.
P. O. Box 2152
Roanol<e, Virginia 24009
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,
July 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Robert Evan, L.L.C., that a portion of Hite Street:
S. W., extending from the southerly end of the existing cul-de~sac in a southerly direction
to the northerly line of the right-of-way of U. S. Route 220 in the City of Roanoke, be
permanently vacated, discontinued and closed.
The City Planning Commission is recommending that Council approve the request for
closure. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
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, Building and Development at 540-853-1730.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Office of the City Manager
June 13,2001
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable W. Alvin Hudson, Council Member
Honorable William D. Bestpitch, Council Member
Honorable William White, Sr., Council Member
Honorable C. Nelson Harris, Council Member
Honorable Linda F. Wyatt, Council Member
Subject:
Request of Robert Evan, LLC, to
vacate an undeveloped portion of
Hite Street, SW
Dear Mayor Smith and Members of City Council:
In reference to the public hearing scheduled for Monday, June 17, regarding vacating a
portion of Hite Street, I believe that, given the value of the subject property and the benefits
that would accrue to the petitioner, that the city should charge for the property. The
recommended sale price is $7,600.
Staff contacted Robert Freeman, a member of Robert Evan, LLC, and advised him of my
recommendation. The petitioner indicated that he is unwilling to purchase the property as a
condition of the vacation.
Please let me know if you do not support this recommendation.
Sincerely,
City Manager
DLB:cc
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse ^. Hall, Director of Finance
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
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
June 3,2002 -
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Edward A. Natt, Attorney
Osterhoudt, Pdllaman, Natt, Helscher,
Yost, Maxwell, and Ferguson, P.L.C.,
P. O. Box 20487
Roanoke, Virginia 24018
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,
June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Robert Evan, L.L.C., that a portion of Hire Street,
S. W., extending from the southerly end of the existing cul-de-sac in a southerly direction
for approximately 371.06 feet, more or less, to the northerly line of the right-of-way of U. S.
Route 220 in the City of Roanoke, be permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the June 17
public hearing.. Failure to appear could result in a deferral of the matter until a later
date.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
June 3,2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Commonwealth of Virginia
4609-D Pinecrest Office Park Drive
Alexandria, Virginia 22312
South Roanoke Nursing Home, Inc.
c/o Mr. C. E. Carter
3823 Franklin Road, S. W.
Roanoke, Virginia 24014
Mr. Robert S. Freeman
Springwood Associates
3214 Electric Road, S. W., Suite 200
Roanoke, Virginia 24018
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,
June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Robert Evan, L.L.C., that a portion of Hite Street,
S. W., extending from the southerly end of the existing cul-de-sac in a southerly direction
for approximately 371.06 feet, more or less, to the northerly line of the right-of-way of U. S.
Route 220 in the City of Roanoke, be permanently vacated, discontinued and closed.
The City Planning Commission is recommending that Council approve the request for alley
closure. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
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, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
June 3,2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 May 30, 2002, from
Edward A. Natt, Attomey, representing Robert Evan, L.L.C., requesting that a portion of
Hite Street, S. W., extending from the southerly end of the existing cul-de-sac in a
southerly direction to the northerly line of the right-of-way of U. S. Route 220 in the City of
Roanoke, be permanently vacated, discontinued and closed.
Mary F. Parker
City Clerk
MFP:mh
Enclosures
Robert B. Manetta
June 3, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, 3912 Electric Road, S. W., Roanoke, Virginia 24018
Mr. Robert S. Freeman, Springwood Associates, 3214 Electdc Road, S. W., Suite
200, Roanoke, Virginia 24018
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Application of ROBERT EVAN, L.L.C. for )
vacation of that portion of Hite Street extending )
from the southerly end of the existing cul de sac )
in a southerly direction to the northerly line of the )
Right-of-Way of U.S. Route 220 )
SECOND AMENDED
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF STREET
ROBERT EVAN, L.L.C. applies to have that portion of Hite Street extending from the
southerly end of the existing cul de sac in a southerly direction to the northerly line of the Right-
of-Way of U.S. Route 220, in the City of Roanoke, Virginia, permanently vacated, discontinued
and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30-14, Code of the City of
This street is more particularly described on the map attached and
Roanoke (1979), as amended.
as follows:
That portion of Hite Street described as follows:
Beginning at a point on the northerly right-of-way of U. S. Route
220 entrance ramp at the southeasterly comer of the property of
Robert Evan, LLC; thence with the westerly line of Hite Street N.
27° 42' 50" W. 268.24 feet to a point; thence crossing Hite Street
N. 62° 17' 28" E. 50 feet to a point; thence with the easterly line of
Hite Street S. 27° 42' 50" E. 315.90 feet to the northerly right-of-
way line of U. S. Route 220; thence with the same N. 73° 03' 55"
E. 69.06 feet to the point and place of beginning, and containing
0.3352 acre.
The grounds for the application are as follows:
Hite Street, from the end of the existing cul de sac to the right-of-way of U.S. Route 220
serves no properties other than the property of the Petitioner and that of South Roanoke Nursing
Home, Inc. Each of said parties is in agreement for the vacation of this undeveloped street. No
additional properties can be served off of this street since the development of U.S. Route 220.
F:\USERS\CBaumgardner\ZONING\Robert Evan AMENDED VACATION APPLICATION.doc 1
WHEREFORE, ROBERT EVAN, L.L.C. respectfully requests that the above-described
street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia
Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
Robert S. Freeman, Member
CONTACT:
Edward A. Natt, Esq.
3912 Electric Road
Roanoke, VA 24018
Phone: (540) 725-8180
Fax: (540) 772-0126
F:\USERS\CBaumgardner~ZONING\Robert Evan AMENDED VACATION APPLICATION.doc 2
ROCK RETAININO W/d1.
TAX ~ §490502
Prope.rt~ of
Robert ~an, LLC
Instrument ~ 01005760
14,000 SF METAL BUILDING
F.F. [LEY. 1118.25
YAUL T
\
8RG S 23~2'30" £
a~ 32.59'
EXISTING CUL-DE-SAC
PROPOSED RIGHT-OF-WAY
Storm Droin
Ymhole
Top E7.-1118.47'
15'RCP Inv.-1113.92'
D.B. 737, Pg. 247
~ ZOEAT~:W OF'
.~ 2' HI~H PRE~URE GAS UNE
PROPOSED PROPERTY UNE
PAGE
0 ~' W
ROCK RETAIHIHG
L. A. GATES COMPANY
ENGINEERS AND CONSULTANTS
306 MARKET STREET, SE
ROANOKE, VIRGINIA 2¢011
(540)342-8423 - FAX (540)342-8425
BECKLEY, WV CHARLESTON, WV ROANOKE, VA
AREA DENOTES AREA
OF RIGHT-OF-WAY TO BE VACATED
0.3552 ACRES
Stern Orofn
1094.95'
Existing
Sten, n Drnln Pipe ~ Ex, istlng
15"~CP kw.-1091,14' Storm Droln
ROBERT EVAN, L.L.C.
SUITE 200
3214 ELECTRIC ROAD, S.W.
ROANOKE, VIRGINIA 24018
ROBERT EVAN, L.L.C. - TAX ~5490502
VACATED RIGHT-OF-WAY
HITE STREET
CITY OF ROANOKE, VIRGINIA
D~WN I CHECKED, DESIGNED, DA'I'~ iPRO~£CT ,~ NOI [SH£~
DS(; I MAY. 2002IISCALE: ~-.so'I ~
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, May
16, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
Request from Robert Evan, LLC, represented by Edward A. Natt, attorney, that a portion
of Hite Street, S.W., extending from the southerly end of the existing cul-de-sac on Hite
Street, S.W., in a southerly direction for approximately 371.06 feet, more or less, to the
northerly line of the right-of-way ofU. S Route 220 be permanently vacated, discontinued
and closed.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
Ail parties in interest and citizens may appear on the above date and be heard on the
matter: If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, April
Please bill
Edward A Natt, Esquire
3912 Electric Road, S.W.
Roanoke, VA 24018
(540) 725-81870
30 and May 7, 2002.
Please send affidavit of publication to:
Department of Planning Building & Dev.
Room 166, Municipal Building
Roanoke, VA 24011
(540) 853-I 730
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.~'.. Room 456
Roanoke, Virginia 24011-1536
-[elephone: (540) 853-2541
Fax: (540) 853-1145
E-maih clerk@ci.roanoke.v a.us
April 23, 2002
File #514
STEPHANIE M. MOON
Deputy. City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta'
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 amended application received in the City Clerk's Office on April 18, 2002, from
Edward A. Natt, Attorney, representing Robert Evan, L.L.C., requesting that a portion of
Hite Street extending from the southerly end of the existing cul-de-sac in a southerly
direction for approximately 371.06 feet to the northerly line of the right-of-way of Route 220
in the City of Roanoke, be permanently vacated, discontinued and closed.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
Robert B. Manetta
April 23, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, 3912 Electric Road, S. W., Roanoke, Virginia 24018
Mr. Robert S. Freeman, Springwood Associates, 3214 Electric Road, S. W., Suite
200, Roanoke, Virginia 24018
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Application of ROBERT EVAN, L.L.C. for
vacation of that portion of Hite Street extending
from the southerly end of the existing cul de sac
in a southerly direction for approximately 371.06
feet to the northerly line of the Right-of-Way
of U.S. Route 220
AMENDED
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF STREET
ROBERT EVAN, L.L.C. applies to have that portion of Hite Street extending from the
southerly end of the existing cul de sac in a southerly direction for approximately 371.06 feet to
the northerly line of the Right-of-Way of U.S. Route 220, in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and
Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly
described on the map attached and as follows:
That portion of Hite Street extending from the southerly end of the
existing cul de sac in a southerly direction for approximately
371.06 feet to the northerly line of the Right-of-Way of U.S. Route
220 in the City of Roanoke, Virginia
The grounds for the application are as follows:
Hite Street, from the end of the existing cul de sac to the right-of-way of U.S. Route 220
serves no properties other than the property of the Petitioner and that of South Roanoke Nursing
Home, Inc. Each of said parties is in agreement for the vacation of this undeveloped street. No
additional properties can be served off of this street since the development of U.S. Route 220.
WHEREFORE, ROBERT EVAN, L.L.C. respectfully requests that the above-described
street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia
Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended.
\~JOLLY~SYS\USERS\CBaumgardner~ZONINGLRobert Evan AMENDED VACATION APPLICATION.doc ~ 1
Respectfully submitted,
ROBERT EVAN, L.L.C.
Of Counsel
CONTACT:
Edward A. Natt, Esq.
3912 Electric Road
Roanoke, VA 24018
Phone: (540) 725-8180
Fax: (540) 772-0126
\~JOLLY~SYS\USERS\CBaumgardner~ZON1NGLRobert Evan AMENDED VACATION APPLICATION.doc 2
Edward A. NaR
Please reply to:
P. O. Box 20487
Roanoke, VA 24018
Direct: (540) 725-8180
Fax: (540) 772-0126
E-mail: enatt~opnlaw.com
LAw OFFICES
0STERHOUDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL ~¢ FERGUSON, PLG
13012 ELECTRIC ROAD, S.W.
P. 0. Box 20487
ROANOKE, VIRGINIA 24018 - 0049
(540) 989-0000
Fax (540) 772-0196
April 18, 2002
SALEM, VIRGINIA
P.O. Box 270
1o5 N. COLORADO STI~EET
(540) 800-~840
Fax (540) 089-05o0
Mary Parker, City Clerk
456 Municipal Bldg.
215 Church Avenue, SW
Roanoke, VA 24011
Re: Robert Evan, L.L.C. -- Vacation/Discontinuing/Closing of Street
Dear Ms. Parker:
Enclosed please find the Amended Application for Vacating, Discontinuing and Closing
of Street for filing by Robert Evan, L.L.C. The only change which was made was to replace U.S.
Route 220 for Interstate Route 581.
It is my understanding that this matter will be heard before the Planning Commission on
May 16th and before City Council on June 17th.
If you have any questions, please feel free to give me a call.
With best personal regards, I am
Very truly yours,
OSTERHOUnDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL & FERGUSON, P.L.C.
Edward A. Natt
EAN/csb
Enclosure
pc: Ms. Martha Franklin
Roanoke City Planning Departmem
Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Mr. Robert S. Freeman
Springwood Associates
3214 Electric Road, Suite 200
Roanoke, VA 24018
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE CLOSURE REQUEST OF:
Robert Evan, LLC, for a portion of Hite Street, S.W., from its cul-de-sac ) AFFIDAVIT
to the r.o.w, of U.S. Route 220 )
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 anmnded, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 16~' day of April, 2002, notices of a public hearing to be held on
thc 16"' day of May, 2002, on the application captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel Owner's Name
5490501 Commonwealth of Virginia
5490403
South Roanoke Nursing Home, Inc.
c/o C. E. Carter
Martha Pace Franklin
Mailing Address
4609-D Pinecrest Office Park
Drive
Alexandria, VA 22312
3823 Franklin Road, SW
Roanoke, VA 24014
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 16~ day of April, 2002.
Notary Public
My Comnfission expires: (~X~¥ ~k~
Revised
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
April 12, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
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 April 4, 2002, from Edward A. Natt,
Attorney, representing Robert Evan, L.L.C., requesting that a portion of Hite Street
extending from the southerly end of the existing cul-de-sac in a southerly direction for
approximately 371.06 feet to the northerly line of the right-of-way of Route 581 in the City
of Roanoke, be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
Robert B. Manetta
April 12, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, 3912 Electric Road, S. W., Roanoke, Virginia 24018
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Application of ROBERT EVAN, L.L.C. for
vacation of that portion of Hite Street extending
from the southerly end of the existing cul de sac
in a southerly direction for approximately 371.06
feet to the northerly line of the Right-of-Way
of Route 581
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF STREET
ROBERT EVAN, L.L.C. applies to have that portion of Hite Street extending from the
southerly end of the existing cul de sac in a southerly direction for approximately 371.06 feet to
the northerly line of the Right-of-Way of Route 581, in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and
Section 30-14, Code of the City of Roanoke (1979), as amended. This street is more particularly
described on the map attached and as follows:
That portion of Hite Street extending from the southerly end of the
existing cul de sac in a southerly direction for approximately
371.06 feet to the northerly line of the Right-of-Way of Route 581,
in the City of Roanoke, Virginia
The grounds for the application are as follows:
Hite Street, from the end of the existing cul de sac to the right-of-way of Interstate
Route 581 serves no properties other than the property of the Petitioner and that of South
Roanoke Nursing Home, Inc. Each of said parties is in agreement for the vacation of this
undeveloped street. No additional properties can be served off of this street since the
development of Interstate Route 581.
WHEREFORE, ROBERT EVAN, L.L.C. respectfully requests that the above-described
street be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia
Code Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended.
CONTACT:
Edward A. Natt, Esq.
3912 Electric Road
Roanoke, VA 24018
Phone: (540) 725-8180
Fax: (540) 772-0126
Respectfully submitted,
ROBERT ~N'A_ N,J~.L.C,t ~
ITST~----~~~~
ADJOINING PROPERTY OWNER LISTING
Application of ROBERT EVAN, L.L.C. for vacation of that portion of Hite Street
extending from the southerly end of the existing cul de sac in a southerly direction
for approximately __ feet to the northerly line of the Right-of-Way of Route 581
ADJOINING PROPERTY OWNERS
This list as follows are those property owners who own property beside, behind or across the street
from the subject property noted above:
Official Tax Number
5490208
5490501
5490403
CITY OF ROANOKE
Owner's Name and Mailing Address
Summertree Apartments, LLC
P. O. Box 2152
Roanoke, VA 24009
Commonwealth of Virginia
4609-D Pinecrest Off., Park Drive
Alexandria, VA 22312
South Roanoke Nursing Home, Inc.
c/o C. E. Carter
3823 Franklin Road, SW
Roanoke, VA 24014
F:\USERS\CBaumgardnerXZONlNG\Robert Evan APO.docPage 1 of
EXISTING CUL-DE-SAC
PROPOSED RIGHT-OF-WAY
T~p
PROPOSED PROPERTY UNE
ARF. A DENOTES AREA
OF RIGHT-OF-WAY TO BE VACATED
0.3352 ACI~S
M(d)Me ('/M T~p)
0 W W
L. A. GATES COMPANY
ENGINEERS AND CONSULTANTS
306 MARKET STREET, SE
ROANOKE, VIRGINIA 24011
(540)342-842.3 - FAX (540)342-8425
I ----""-"'~'E~ ~L.L.C, - TAX Ip5490502
I VACATED RIGHT-OF-WAY
I HITE 81REET
I CITY OFROANOKE, VIRGI.NIA
IDRAw. I c.~CKED IOmC'NE=l .AT~ I..OJECr ~D .oI
I ~ I I DsG I~R,, 20021 I~
BECKLEY, WV CHARLESTON, WV ROANOKE, VA
ROBERT EVAN, L.L.C.
SUITE 200
3214 ELECTRIC ROAD,
ROANOKE, VIRGINIA 24018
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
NATT, EDWARD, ATTY.
PO BOX 20487
ROANOKE VA 24018
REFERENCE: 80066680
01916776 Hite Street
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
Virginia. /~
Sworn and subscribed before me this
of June~2~0~./W~ne~.my h~nd and official
seal ._~~_~~ , Notary
My commission expires ..... ~' ~%' ~~
of
day
Public
PUBLISHED ON: 06/01 06/08
TOTAL COST: 221.54
FILED ON: 06/11/02
...................................................
2002, ~ 7.00 p.m., or ae eoon
Authorized
Signature:
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Monday, June 17,
2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber
in the Noel C. Taylor 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 portion of Hite Street, S.W., extending from approximately the
southerly end of the existing cul-de-sac on Hite Street, S.W., in a southerly
direction to the northerly line of the tight-of-way of U.S. Route 220.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question. If you are a person with a disability who needs
accommodations for this public heating, contact the City Clerk's Office, 853-2541, by
Thursday, June 13, 2002.
GIVEN under my hand this 30th day of Ylay ,2002.
Mary F. Parker, City Clerk.
H:~NOTICESLN-CLOSEHITEST-PH-061702.WPD
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Monday, July 15,
2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber
in the Noel C. Taylor 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 tight-of-way, the following public right-of-way:
That certain portion of Hite Street, S.W., extending from approximately the
southerly end of the existing cul-de-sac on Hite Street, S.W., in a southerly
direction to the northerly line of the tight-of-way of U.S. Route 220.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question. If you are a person with a disability who needs
accommodations for this public heating, contact the City Clerk's Office, 853-2541, by
Thursday, July 11, 2002.
GIVEN under my hand this 26th day of June ,2002.
Mary F. Parker, City Clerk.
H:LNOTICEShN-CLOSEHITEST-PH-071502.DOC
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
..................................................
NATT, EDWARD A., ATTY.
PO BOX 20487
ROANOKE VA 24918
REFERENCE: 80068694
01934837 NOTICE OF PUBLIC H
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 s~cri~d before me this 5~ day
of July 200~ \W~n~s~, my_~hand and official
seal. .~~_~ , Notary Public
My commission expires ~% ~_! ~
PUBLISHED ON: 06/28 07/05
TOTAL COST: 221.54
FILED ON: 07/05/02
Roano'~e v~H hold a Public
Hearing on Monday, July 15,
2002~ at 7:00* p.m., or a~ loon
be he-rd, In lhe Co.nc# Cham-
ber in the Noel C. Taylor Munlc-
Ip~ BuU(Hn~ 2~ Church
r~e, $.W., on ~n ~pic)~:lt~)n to
dl~ontJ~ue ond do~e, to the
wsy, the following public
dlht-of-wo~,
That ceftd~ pollen of Hb
St~t, $.W., extendlnl from
approximately the southerly
on Hire St~ $.W., In a
south®dy direction to the
way of U.S. Route 220,
abte for pub#c Impeetlon In the
45~,, Nod (X TayMr Munlc!pal
Bu#dlng. All parfle~ In Interest
m~ mplmlr on the above date
If you are a pemon v,~th a dls-
tk)ns for thM pu~c hearing.
883-2541, by Thursday. July
11, 2002.
GIVEN uadlr my hand this 26th
Mary F, Park~. Ctty Cled<
(1934837)
Services Representative
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon*
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 18, 2002
File #32-166-207-373
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 Monday,
July 15, 2002, a public headng was conducted with regard to the lease and renovation of
certain City-owned buildings located at 117 and 119 Norfolk Avenue, S. W., subject to
certain terms and conditions.
Without objection by Council, the public hearing was continued indefinitely.
\~incerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
July 1, 2002
Honorable Mayor and Members of Roanoke City Council
City of Roanoke
213 Church Avenue, S.W., Room 456
Roanoke, VA 24011
RE: Lease - 117 and 119 Norfolk Avenue S.W.
Dear Mayor and Members of Council:
The following is our bid to lease the above referenced property. This bid is
contingent upon Warehouse Row, L.P. being able to sell the buildings without phor City
Council consent or approval. If the City Council finds that it is unable to perform under
this condition, we would urge that the City of Roanoke use its Industrial Development
Authority to enter into this agreement.
Offeror:
Warehouse Row, L.P. A for-profit historic development Partnership.
Architect:
Spectrum Design, 10 Church Avenue, S.E., Plaza Suite 1
Roanoke, VA 24011
Contractor: to be determined
Project:
Renovation of the 26,000 square foot property for sublease to private
companies. These renovations will be made following Secretary of the
Interior historic guidelines.
Investment:
Estimated at $1.7 million including interior renovation and equipping,
exterior improvements and tenant up-fits. Please see attached estimate
from J. M. Turner Construction.
Timetable for Improvements:
Design
Construction Bids out
Start Construction
Completion
July- September
October 6, 2002
December 2, 2002
June 1, 2003
Annual Lease Payments: $1
213 S. Jefferson St., Suite 1010 · Roanoke, VA 24011 · P: 540-982-1317 · F: 540-982-1568 · E: brian@wishneff, com
Financial Capability:
Financing shall be provided by Carilion Health System, Greater Roanoke Valley
Development Corporation (two private investors) and through an equity infusion
as part of historic tax credit program. See attached budget.
Business Terms and Lease Form:
The business terms are attached. It is critical to our proposal that we be in control
of when and for what price the building is sold and we must, as a part of our
rental capability, have access to the city-owned parking lot in front of the
building.
Other:
Benefits to the City include job creation through growth of private firms, retention
of Roanoke firms. Renewed real estate taxes on the property.
We hereby request your prompt action and review of the issue of whether City
Council can agree to allowing the L.P. to make the decision about the future sale of the
buildings.
Sincerely,
Brian J. Wishneff, Manager
Warehouse Row, L.P.
BJW/kdb
attachments
-ill' 02(MON) 08:06 GENTRY, LOGKE, RAKES&M
Virginia state Corporation Commission
TEL:540 983 9468
P. O02
Page 1 of 1
Commonwealth
of Virginia
State
Corooratior,
?~mmission
WEB#457 CIS 07/0
· CP00011 CZ~M~220 LIMITED PARTNERSHIP DATA INQUIRY 09:0
L/P ID: 2 STATUS: 00 ACTIVE STATUS DATE:
L/P N~.s: lw~ousE ~, L. ~. I
DATE OF FILING: 06/29/2002 PERIOD OF DURATION= 12/31/50 INDUSTRY CO
STATE OF FILING: VA VIRGINIA M~ROER INDICATOR:
LLP-STATUS= N LLP-EFFECTIVE-DATE: 0 0 0 LLP-EXPIRATION-DATE: 0
SPECIFIED OFFICE ADDRESS
STREET: 119 NORFOLK AVE SW
CITY: ROANOKE
REGISTERED
R/A NAME: DOUGLAS R BANG}{ART
GENTRY LOCKE ET AL
STREET: 10 FRANKLIN RD
CITY: ROANOKE
R/A STATUS: 4 MEMBER OF VIRGI EFF DATE:
YRAR FEES P~ALTY
O0
COMMAND:
STATE' VA ZIP: 24011-0000
AGENT INFORMATION
STATE: VA ZIP: 24022-0013
06/27/02 LOC: 217 ROANOKE
INTEREST BALANCE
NOTE: Function Key usage varies depending on the Application Screen,
For specifies, refer to Function Key DocuF~entation.
httv://ditmvs3.state.va.us:$O80/servlet/resqportal/rcsqportal 7/1/02
Warehouse Row Project
1/28/02
Capital Budget
USES
SOURCES
Acquisition $636,000
Renovations $1,222,066
JM Turner estimate
500' demising walls
Tenant upfit (75% occupancy)
$15/SF $227,677
Site Work $0
Technology $16,500
FF&E $20,000
A&E $100,000
Prof. Fees $30,000
Const. Int. $40,000
Project Cont. $75,000
City of Roanoke $636,000
Carilion $605,621
Roanoke Valley Dev.
Corp.
$605,621
Sub-total: $1,211,243(Loan)
Downtown Inc.
$20,000 A&E
Tax credits (net) $500,000
Total $2,367,243 Total $2,367,243
Operating Budget
34,500 Gross SF, 22,261 leasable SF ( Plus 10% added for common areas)
Building operations
Utilities, Ins.,
Bldg. Mgmt
USES
$4.72/SF x 26,568 SF
SOURCES
Rental income:
16,692 SF ~ $12.00/SF
(75% occupancy)
Total (Annual)
$125,400
$200,352
Return on Investment
Gross Income
Operating costs
NOI
$200,352
($125,400)
$74,952
ROI
$74,952
$1,211,243
= 6%
Summary Operating and Development Pro-forma
5/6/02
Estimated Development Cost
$1,731,243 (cost of renovating and equipping building)
Proposed Funding Scenario for Development Cost
$521,243
$1,210,000
$1,731,243
(net equity investment for historic tax credits)
(Carilion & Roanoke Valley Development Corp.)
(funds for renovating and equipping building)
Estimated Annual Operating Costs
$125,400
Estimated Annual OPerating Revenue
$200,352 (assumes $12 sq. ft. rent and 75% occupancy)
Net Operating Income (NOI)
$74,952
Percent Occupancy needed to cover Annual Operating Costs
47% occupancy or 10,500 sq. ft.
Business Points for a lease between City of Roanoke and Carilion and the Roanoke
DeveloPment Corporation
516102
City will lease the buildings at 117 and 119 Norfolk Avenue for 40 years at $1 per year
to a Partnership involving Carillon Health Systems and Roanoke Valley Development
Corporation
The Partnership will spend approximately $1.7M to renovate and equip the buildings of
which $500,000 shaft be funded through Historic Tax credits.
The City does not intend to participate in operating shortfalls or operating profits
The newly renovated facility shall be designed and marketed by the City and the
Partnership to growing technology companies.
The buildings will be open and operated for at least 5 years by the Partnership
After 5 years the project shall be reviewed, whereby one or more of the
participating parties (Car#ion, City of Roanoke, Roanoke Development
Corporation) could buy another's share. Following the 5 years and after the
review of the project, the Partnership may call for the sale of the building. The
participating parties (Catflion, City of Roanoke, Roanoke Development
Corporation) would first have an option to buy any "Partnership investment"
remaining in the buildings for which the Partnership has not recouped from operating
revenues. If the participating parties (Carilion, City of Roanoke, Roanoke
Development Corporation) decide not to buy the remaining "Partnership investment",
the building will be put up for sale for the average of 2 appraisals, one obtained by the
City and one by the Partnership. If the building is put up for sale, the Partnership will
determine what offer will be accepted.
Any sales proceeds go first to payback "Partnership investment", then remaining City
investment, and then a 3 way split
"Partnership investment" is defined as odginal capital investment plus future capital
investments plus the amount of net operating revenue, if any, not equal to an average
of a 6% return on the original capital investment less any historic tax credits.
Parking spaces owned by the City located in front of the building along Salem .Ave. will
be made available through a lease. Such spaces will be available at a rate consistent
with other City-owned surface parking spaces downtown
Proposed Warehouse Row Project and Arrangement 5/6/02
Below is a description of the Partnership's.proposal concerning the Warehouse Row project:
1. The City of Roanoke has purchased two warehouses along Warehouse /
Technology Row to stimulate technology activity.
2. Cadlion Health System and the Roanoke Valley Development Corporation will form a
new Partnership in which they will be equal partners.
3. The new Partnership proposes to renovate the City's buildings at 117 and 119 Norfolk
Ave. in a first class manner with the intent to attract technology companies.
4. In order for this project to meet expectations, the buildings will be renovated in a
quality manner, with the latest communications technology on-site and with hassle-
free, short-term leases (6 months+) available to meet the changing space needs of
businesses.
5. The Partnership will invest an estimated $1,700,000 to renovate and equip the
buildings. Given the relatively Iow office rental rates in the area ($12 sq. ft.+), the
short-term nature of the leases, and the unproven market, it is not feasible to view this
project as a typical business investment.
6. The Partnership is also prepared to make-up any annual operating shortfalls in the
project and pay for any facility maintenance and repairs.
7. At 75% occupancy, rental income from the building pays for the operation of the
building and produces a 6% return on the Partnership's investment. This is not a
return of their investment but on their investment, making it equivalent to earning 6%
in a bank account but with significantly more risk.
8. The revenue from operations of the facility will not pay back the investors for their
original investment. They can only get their money back if the building is sold at some
future date.
9. The Partnership will make the approximately 22,200 square feet of rentable space
available at $12 per square foot, full service.
10. The Roanoke Valley Development Foundation in cooperation with the Roanoke Valley
Chamber of Commerce and Carilion Biomedical Institute will manage and lease the
building.
11. The Partnership has negotiated a contract with a local architect and is prepared to
move quickly toward renovation. Renovation will be accomplished in a manner that
meets the Secretary of Interior's Standards for renovation of historic buildings.
12. The Partnership has collected several letters of intent from prospective tenants for the
building and would like to have the building ready for occupancy sometime in the next
9-10 months.
13. Attached is an outline of the business points that will constitute the lease with the City.
REVISED
ADVERTISEMENT FOR INVITATION FOR BIDS
AND
NOTICE OF PUBLIC HEARING
Before The Council of the City of Roanoke For Execution of an Agreement to Lease and
Renovate certain City owned buildings located at 117 and 119 Norfolk Avenue, SW
The City of Roanoke (City) hereby gives notice that it is seeking bids from qualified bidders to enter
into an agreement with the City for the successful bidder to lease and renovate the City owned
buildings located downtown at 117 and 119 Norfolk Avenue, SW, Roanoke, Virginia (Buildings).
The lease period will be for a period of up to 40 years, but may provide for an exit or buyout
procedure after an initial 5 year period which may include a required sale. Each bidder must c~mmit
to e.xpend approximately $1.7 million dollars to renovate and equip the Buildings so that such
Buildings may be used for subleases by tenants (Project) which will create tax revenues for the City
and enhance economic development of the area. Renovations to the Buildings should be completed
and the Buildings ready for occupancy by tenants within 24 months after the date of the lease. The
other terms and conditions of the lease and/or agreement will be subject to negotiation and
agreement between the City and the successful bidder.
If the City elects to award a lease and/or agreement for the Project, City Council will be requested to
adopt an ordinance granting such an award which will provide in substance for the above
requirements. A copy of the full text of the proposed ordinance is on file and may be reviewed in the
Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, SW,
Roanoke, Virginia, 24011.
1
H:'~,MISC-'xN-Pt'IF-~a, RI~G NOTICE 117 119 NORFOLK AVEN. DOC
Any interested party is invited to submit a written bid for the lease and/or agreement as set forth
above. Each bidder shall submit at a minimum the following information:
1. The amount of investment the bidder proposes to make in renovations to the Buildings
and the time period within which such renovations will be made.
2. The annual lease payment proposed to be made to the City.
3. The financial ability of the bidder to accomplish the Project.
4. The bidder's proposed terms for the proposed lease and/or agreement, including the term
of the lease.
5. Such other information as the bidder deems appropriate.
Bids are to be submitted in sealed envelopes or containers to the City Clerk at the address noted
above on or before 1:30 p.m., local time, Monday, July 1, 2002. The outside of the bid envelope
should be marked as follows: "BID FOR EXECUTION OF AN AGREEMENT TO LEASE AND
RENOVATE CERTAIN CITY OWNED BUILDINGS LOCATED AT 117 AND 119 NORFOLK
AVENUE, SW. TO BE OPENED AT CITY COUNCIL MEETING AT 2:00 P.M. ON MONDAY,
JULY 1, 2002." The bid shall be addressed to the City Council of Roanoke, c/o Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia,
24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on
Monday July 1, 2002, at which time they will be delivered to the Council Chambers, Room 450,
Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, 24011, and
thereafter be publicly opened and read aloud in accordance with Section 15.2-2102, Code of Virginia
(1950), as amended.
The City reserves the right to reject any and all bids, to waive any informality or irregularity in the
bids received, and to accept the bid which is deemed to be in the best interest of the City.
2
H:",AMiSC~N-PHEARBqG NOTICE I 17 119 NOR.FOLK AVEN. DOC
Pursuant to the requirements of Sections 15.2-1800 and 1813, Code of Virginia (1950), as amended,
notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the
above matter on Monday, July 1, 2002, at 2:00 p.m., local time, or as soon thereafter as Council is
available, in the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, SW, Roanoke, Virginia. For further information on this matter, you may contact the Office
of the City Clerk at (540)853-2541 or Mr. Chris Whitlow, Economic Development, at (540)853-
1698.
All parties and interested citizens may appear on the above date and be heard on the matter. If you
are a person who needs accommodations for this hearing, please contact the City Clerk's Office at
(540)853-2541 before 12:00 noon on the Wednesday before the date of the hearing listed above.
GIVEN under my hand this ~ day of
,2002.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish twice in The Roanoke Times, Legal Notices once on Monday, June 17, 2002, and
once on Monday, June 24, 2002.
Send Publisher's Affidavit to:
Send Bill to:
Mary F. Parker, City Clerk
456 Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Elizabeth A. Neu, Director of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA 24011
3
H:'u~'VHSCXN-PHEARING NOTXCE 117 119 NORFOLKAVEN. DOC
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
..................................................
OFFICE OF ECONOMIC
SUITE 200
111 FRANKLIN PLAZA
ROANOKE VA 24011
DEVELOPMENT
REFERENCE: 80084300
01926493
Norfolk Avenue
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 ~4~ day
of June ~y hand and official
seal.~ , Notary Public
My commission expires ~ ~O ~ ~O~
PUBLISHED ON: 06/17 06/24
TOTAL COST: 781.66
FILED ON: 06/24/02
Authoriz~~~ ~. ~
S i gn a t u ~___~F~___~_~_~___~
BOf~ Tbe Com~ of the'C~tY
on Agrasm~t to Lonse mm
Rono~t~ cmmln City owned
t~k~ k~m~ed at 117 mm
119 No#Mk Avenue, SW.
in~ icoatod downtown at 1.1.7
and 119 Nmf~k Avenue, SW,
RoaonM, ~r~ma
1~o Immo pmlod willbefora
bednd of up to 40 yoam, bm
out procndure Mter m ialU~ fi
yasr pednd whk;h may Include
a mClUknd sale. F. as~ bldbef
muat commit to o~pond
approximately $1.7 million dol-
Im to rmlowl~ told equip the
Balklln~ so that sash Bulld-
in~ may be u~KI for mbleases
~ 24 mont~ a~or tho
subject to n~otiation and
whk~ will pm~ida In mdmmm~
for tho ~ roqolrmmm~ A
oopy o1~ Um fire mxt of lira pro-
lng, 215 Chun:h Avenue, ~W,
Roanoke, Virg~ia, 24011.
lowing infommtion:
renovst~ to ttm Butidings
and the time Imdnd wrdtin
made.
propoaMJ to be made to the
City.
3. The financial MMIIty of Um
bidder to accomplish the
mJe~.
4. ~he blddm'a propoasd tmms
for the propOMKI lease asWor
5. Such other I~;m,,MUon as
the biddM deems approl)~ate.
Bids are to be submitted In
sealed envalopes or contMnors
on~d shove on or bofore 1:30
p.m., lasal time, Mondsy, July
1, 2002. ~e outm~ia of the bld
erMdope should be menVa~l as
follows: "BID FOR EXECUTION
OF AN AGREEMENT TO LEASE
AND RENOVATE CERTAIN CITY
OWNED BUILDINGS LOCATED
AT 117 AND 119 NORFOLK
AVENUE, SW. TO BE OPENED
AT CITY COUN~L MEEtiNG AT
2:00 P.M. ON MONDAY, JULY
1, 2002." The bid shall be
addre~ed to t~e City Counoil
of Roanoke, e/o Olfloa of the
Tayior Municipal Bulki~ 2/5
Churoh Av~tae, SW, Roasoke,
Virginia, 24011. All bids
received will be bald by the City
Clerk, unopened, unUI 2:00
p.m., local time, on Monday
· July 1, 2002, at which time
Noel C. Taylor Municipal Build-
lng, 2/5 C~urch Avemm, SW,
Roanoke, V~glnia, 24011, asd
and read aloud in ascordance
whit ~ctlon /5.2-2102, Code
of Virginia (1950), as
amended.
re~ct ony and all blds, to waive
any informality or In'~uMrity in
the bids received, and to
accept tbe bld whlch is dasmed
to be in the bast Intorast of tJm
merits of Sastkms 15.2-/800
of the CI~ of I~s~3~e w~l ImM
a public headflg on the above
matter on Monday, July 1,
2002, at 2:00 p,m., local Ume,
or as soon thema~tor as Coun-
cil is availalde, in the Council
Chambem, Roo~ 450, Noel C.
Taylor Munioilmi Building, 2/5
Churoh Aveoue, SW, RMinoke,
Virginia. For furb~M Information
on this matter, you may con-
tact the omoa of trw City Ck~k
at (540) 853-2541 or Mr. Chris
Whitlow, Economic Develop-
merit, at (540) 853-169~.
All berlJ~asdlnthmat~d oiU-
tor. If yon are a pemon w'no
needs as~ommndatlons for this
he~lng, Pm eom the
C~ Oerk'a Of~e at (S40)
853-2541 before /2:00 noon
d~te of Ute heMing Ilated
Mmve.
GIVEN under my ~lls/3th
day of June, 2002.~.* '
kMry F. F~rker, City Clerk.
(1926493)
Billing Services Representative
IN THE COUNCIL OF THE CITY OF ROA~O~, VIRGINIA
AN ORDINANCE accepti.ng the bid of ' , to execute an agreement to lease
and to renovate and equip certain City owned buildings located at 117 and 119 Norfolk Avenue, SW,
for a term of up to 40 years; authorizing the execution of such lease and/or agreement; authorizing
the City Manager to take such further action and/or execute such further documents as may be
necessary to implement and administer such lease and/or agreement; rejecting all other bids; and
dispensing with the second reading of this ordinance.
WHEREAS, the City has, by advertisement published once a week for two successive weeks
in a paper of general circulation published in the City, publicly invited bids for the execution of an
agreement to lease and to renovate and equip certain City owned buildings located at 117 and 119
Norfolk Avenue, SW (Buildings); and
WHEREAS, the City desires to enter into an agreement to lease and to renovate and equip the
Buildings so that such Buildings may be used for subleases by tenants which will create tax revenue
for the City and enhance economic development of the area; and
WHEREAS, bid(s) for the execution of an agreement to lease and to renovate
and equip such Buildings was received pursuant to such advertisement and was publicly opened at
the Council meeting held on Monday, July 1, 2002; and
1
H:~IIEAS LIRES\O- LEAS E 117119NOR.FOLK AVENUE.DOC
WHEREAS, Council held a public hearing on this matter at its meeting on Monday, July 1,
2002, at which all persons were accorded a full and fair opportunity to comment with respect to the
proposed agreement and/or lease for such Buildings; and
WHEREAS, City Council determined that the bid of to execute an
agreement to lease and to renovate and equip the Buildings, upon certain terms and conditions, was
the most responsive and responsible bid received by the City and Council is desirous of accepting
such bid.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of to execute an agreement to lease and to renovate and equip the
City owned buildings located at 117 and 119 Norfolk Avenue, SW, for a period of __ years, with a
provision for an exit or buyout procedure after an initial 5 year period which may include a required
sale, and upon 's commitment to expend to renovate and
equip the Buildings so that such Buildings may be used for subleases by tenants in order to create tax
revenue for the City and enhance economic development of the area, and upon such other terms and
conditions as the City Manager may deem appropriate and agree to, is hereby ACCEPTED.
3. Any and all other bids made to the City for the above matter are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's
appreciation for such bid.
4. The City Manager and the City Clerk are authorized to execute and attest,
respectively, an agreement between the City and to lease and to renovate and equip
the City owned Buildings located at 117 and 119 Norfolk Avenue, SW, upon the terms set forth
2
H:XMEASLIRES\O-LEASE 117119NORFOLK AVENUE.DOC
above and upon such other terms and conditions as the City Manager deems appropriate and may
agree to with , as further set forth in the City Manager's letter to this Council
dated July 1, 2002.
5. The City Manager is further authorized to take such further action and/or execute such
further documents as may be necessary to implement and administer such agreement.
6. Pursuant to the provision of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
3
H:'xMEASURES\O-LEASE 117119NORFOLK AVENUE.DOC
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
REVISED
July 23, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Steven S. Strauss, Manager
Structures Design/Build, L.L.C.
P. O. Box 20287
Roanoke, Virginia 24018
Dear Mr. Strauss:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
July 15, 2002, a public hearing was conducted on the request of Steve S. Strauss,
Manager, Structures Design/Build, L.L.C., representing Franklin Road, L.L.C., that a 0.717
acre portion of excess right-of-way of Franklin Road, S. W., adjoining Official Tax No.
1300101, be permanently vacated, discontinued and closed.
On motion, duly seconded and unanimously adopted, the public hearing was continued
until the regular meeting of Council on Monday, August 19, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard.
The matter also was referred to the City Manager to address issues with regard to the price
of the right-of-way and incorporation of acceptable language in official documents to
provide for minimizing the degree of the cut of the land.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosure
N:\CKMHl~Agenda.02\strauss.wpd
Steven S. Strauss
July 23, 2002
Page 2
pc:
Mr. and Mrs. Glen C. Combs, 3627 Dogwood Lane, S. W., Roanoke, Virginia 24015
Mr. Richard H. West, 831-C Duke of Gloucester Street, S. W., Roanoke, Virginia
24018
Franklin Road, L.L.C., 305 First Street, S. W., Roanoke, Virginia 24011
Homeowners Association, Inc., 3358 Kingsbury Court, S. W. Roanoke, Virginia
24014 '
Friendship Manor Retirement Community, Inc., 327 Hershberger Road, N. W.,
Roanoke, Virginia 24012
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
N:\CKMH 1V~,genda.02\strauss.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE permanently vacating, discontinuing and closing certain public
tight-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Structures Design/Build, LLC, 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 tight-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 heating on the matter, has made its recommendation to Council;
and
WHEREAS, a public heating was held on said application by the City Council on
July 15, 2002, after due and timely notice thereof as required by {}30-14, Code of 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 tight-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 0.717 acre portion, more or less, of excess right-of-way of Franklin Road
that adjoins tax parcel 1300101
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 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 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 FURTHER 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.
3
BE IT FINALLY ORDAINED that pursuant to the provisions of {}12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORD1NANCES\O-STCLOS-FKANKLIN RD071502.DOC 4
CITY OF ROANOKE
REAL ESTATE VALUATION
215 Church Avenue, S.W., Room 250
Roanoke, Virginia 24011
WILLARD N. CLAYTOR
Director
Telephone: (540) 853-2771
Facsimile: (540) 853-2796
July 15, 2002
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Re: Public Hearing A. 3. Structures Design/Build, LLC
Dear Mayor Smith and Members of Council'
The report at Public Hearing A. 3. contains an estimate of the
market value range of a 0.717 acre portion of Franklin Road
right-of-way. The market value range provided by the Office of
Real Estate Valuation is $2,700 to $3,900.
The report states that City Council is authorized by the Code of
Virginia Section 15.2-2008 to sell the right-of-way at a price no
greater than the property's fair market value or its contributory
value, whichever is greater, or the amount aqreed to by the
parties.
To assist Council in its consideration of this matter, I am
submitting herein an estimate of the contributory value of the
0.717 acre portion of Franklin Road right-of-way to be vacated
as $15,600.
Mayor and Members of Council
July 15, 2002
Page 2
Unlike market value, contributory value is specific to, and based
on the benefits derived by the petitioner's property as a result of
the right-of-way vacation.
The subject right-of-way is essentially a creek/drainage ditch
along Franklin Road. The petitioner's property Tax Map 1300101
rises very steeply from Franklin Road and is heavily wooded.
If l can provide you with additional information please let me
know.
Respectfully submitted,
Willard N. Claytor
Director
C~
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Rolanda A. Johnson, Assistant City Manager
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning(~ci, roanoke.va, us
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Structures Design/Build, LLC, represented by Steven
S. Strauss that a 0.717 acre portion, more or less, of excess right-
of-way of Franklin Road that adjoins tax parcel 1300101 be
permanently vacated, discontinued and closed.
Planning Commission Action:
The Planning Commission public hearing was held on June 20, 2002. By a vote of 0-4
(Messrs. Campbell, Chrisman, Rife and Manetta voting against the petition and Messrs.
Hill and Butler absent), the Commission recommendea denial of the requested closure.
Background:
The petitioner's property that adjoins the subject portion of right-of-way is wooded and
has never been developed. A portion of the subject right-of-way contains a creek.
During the Planning Commission meeting, the petitioner provided diagrams showing
the difference in grading if the site were developed as.is versus grading with the
addition of the right-of-way. Mr. Strauss indicated that the property would be developed
with three office buildings.
Mr. Campbell noted that one of the buildings was set back near the deepest point of the
site and asked the petitioner if he had a complete site plan. The petitioner responded
that he did not want to undertake drafting a site plan without knowing if the right-of-way
would be vacated. Mr. Campbell then stated that he would need to see a site plan
before he could vote favorably for vacation of the right, of-way.
Staff recommended approval of the request on the following grounds: the petitioner
would assume responsibility for maintenance of the storm water channel, a sidewalk
would be developed to provide for a future greenway path, and grading of the site would
be lessened. In addition, development could be placed closer to Franklin Road and
farther from the adjoining residential area. Staff explained that the petitioner had
allocated 10 feet of public right-of-way between the edge of pavement and the proposed
new property line where the sidewalk and curb and gutter would be installed.
Staff recommended sale of the right-of-way and provided a price range of $2,700-
$3,900, as provided by Will Claytor, Director of Real Estate Valuation.
Messrs. Chrisman, Rife and Manetta expressed disagreement that the property had no
additional contributory value. They felt that the right-of-way added substantial value to
the adjoining lot. Mr. Hill interjected that it was not the duty of the Planning Commission
to question the value assessment of the property since the Commission did not have
such expertise.
Mr. Chrisman asked staff why the South Roanoke neighborhood organization was not
mentioned in its report, to which staff replied that as part of standard procedure staff
sent out notices to all adjoining property owners, and the residents of the South
Roanoke neighborhood did not adjoin the right-of-way in question. Mr. Manetta
mentioned that the residents adjoining the petitioner's property were notified by staff the
day before the hearing, to which staff confirmed they were.
Messrs. Chrisman, Rife and Manetta all discussed the impact of the proposed
development on the site. Mr. Hill stated that they were not discussing the issue of the
petition, which was whether or not to vacate the right-of-way. He further stated that
since the petitioner's site is zoned C-1, that the site could be developed as its zoning
permits without the addition of the right-of-way, and thus the use of the site is not the
issue.
Mr. Hill informed the Assistant City Attorney that he had a prior engagement and would
have to excuse himself. The Assistant City Attorney advised the petitioner that he
would need at least three affirmative votes and that he had the option of requesting that
the matter be continued to the next scheduled meeting on July 18, 2002. The petitioner
indicated that he wished to proceed.
Mr. Chrisman asked staff why a future greenway was not possible on the right-of-way,
to which staff clarified that a future right-of-way could be accommodated within the ten
feet of right-of-way within which the petitioner planned to install curb, gutter and
sidewalk, and by creating an on-road bike path by reducing the width of the street lanes.
Mr. Manetta commented that he would prefer to see a future greenway go alongside the
creek.
Mr. Chrisman referred to the petitioner's proposed development as not being in
accordance with Vision 2001-2020. He stated as reasons: the petitioner's plan to put a
2
parking lot at the front of his property, and that the development was not conducive to a
village center though it is located adjacent to the South Roanoke neighborhood. Mr.
Gusler replied that in a previous meeting with the petitioner, he had suggested that
parking be located in the rear of the development. The petitioner stated that, due to
grading and setback requirements of the site, rear parking was not feasible.
To Mr. Chrisman's second assertion, staff replied that a linkage from the proposed
development to the adjoining neighborhood atop it, would not be practical due to the
natural barriers that existed. Staff explained that such a village center concept could
not be applied to this site, due to the steep bank that separated the neighborhood and
the petitioner's site. Staff explained that the neighborhood and the site have two distinct
land-use patterns, one being residential and the other commercial, and that the
petitioner was attempting to maintain the natural buffer between the two by acquiring
the right-of-way and minimizing grading. Staff further stated that since the site is zoned
C-1, that development with the addition of the right-of-way may be preferable to the
neighborhood than it being developed as is.
Mr. Rife expressed concern that the City may set a precedent by vacating such a large
tract of right-of-way. He also stated that with the adoption of Vision 2001-2020 the
standards for development have changed, and that the Planning Commission shouldn't
base decisions on the notion that a given site will eventually be developed no matter
what.
Considerations:
The petitioner's property, Official Tax Map Number 1300101 is zoned C-1, Office
District, as is the adjoining parcel to the south. The parcel adjoining it to the north is
zoned C-2, General Commercial District. All of the parcels adjoining the petitioner's
property to the east are zoned RS-3, Residential Single-Family District.
The petitioner's property is vacant and has never been developed. Trees cover the site
and the rear is a steep hillside. Developing the site will require a great amount of tree
removal and grading.
A car lot adjoins the subject property to the north. To the south is a mixed commercial
office building, and to the east atop the bluff is a single-family residential neighborhood,
South Roanoke.
Staff received comments from Roanoke Gas, which advised that it would need to
maintain an easement on the subject portion of right-of-way. AEP and Verizon stated
no objection to the petitioner's request and did not indicate any need to retain
easements.
Upon development of the petitioner's property, the petitioner proposes to replace the
current drainage ditch with an underground pipe drainage system. Also, pending
development of the site, the portion of right-of-way will be improved with curbing and
3
sidewalks, as is required by the City's Subdivision Ordinance.
Vacation of the subject portion of right-of-way will have little to no impact upon traffic on
Franklin Road.
Staff has concerns about the effect of this vacation on future greenway development.
The Roanoke Valley Conceptual Greenway Plan, approved and adopted by City Council
on December 6, 1999, designates this section of Franklin Road for a future greenway
corridor along the roadway. The Greenway Plan also notes the following as a strategy
for acquiring land to develop the greenway system:
"Before legal interest is abandoned in any property, evaluate the property's potential
for use in the development of greenways. This would include the vacation of
easements, formal abandonment of rights-of-way and easements and the sale of
surplus property."
The Roanoke Valley Bikeway Plan also designates this section of Franklin Road as an
on-read facility and recommends a wide outside lane to accommodate bicycles.
City Council is authorized to sell this vacated portion of the right-of-way, if it so chooses.
Section 15.2-2008 of the Virginia Code (1950), as amended, authorizes a City to require
an abutting property owner to purchase the vacated right-of-way as a condition of the
vacation. Under such an arrangement, the price may be no greater than the property's
fair market value or its contributory value to the abutting property, whichever is greater,
or the amount agreed to by the parties. Real Estate Valuation quoted the valuation
range for this 31,233 square foot portion of Franklin Road as $2,700 - $3,900, based on
a rate of $0.35 - $0.50 per square foot less 75% for creek/drainage easements.
Recommendation:
The Planning Commission recommends that City Council deny the requested closure.
Respectfully submitted,
Robert B. Marietta, Chairman
City of Roanoke Planning Commission
CC:
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Petitioner, Structures Design/Build, LLC
4
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Application of Structures Design/Build, LLC
for vacation of a 0.717 acre portion of the
Franklin Road Right of Way that adjoins Tax
Parcel # 1300101
) APPLICATION FOR VACATING,
) DISCONTINUING AND
) CLOSING OF A PORTION OF
FRANKLIN ROAD RIGHT OF WAY
MEMBERS OF COUNCIL:
Structures Design/Build, LLC, by its manager, Steven S. Strauss, representing
Franklin Road, LLC, applies to have a 0.717 acre portion of the excess Right of Way of
Franklin Road that adjoins Tax Map # 1300101, in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed pursuant to Virginia Code Section 15.2-
2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This 0.717
acre portion of right of way is more particularly described on the attached Plat marked
Exhibit "A" labeled "Proposed Right-of-Way Acquisition Prepared for Structures
Design/Build" and dated May 1,2001 which is attached hereto and as described as
follows:
That area bounded by corners I through 12, inclusive, as shown on the attached
Exhibit "A" labeled "Proposed Right. of-Way Acquisition Prepared for Structures
Design/Build" and dated May 1, 2001 as prepared by Lumsden and Associated,
P.C. and which contain 0.717 acres
Structures Design/Build, LLC stated that the grounds for this application are as
follows:
The property requested to be vacated currently is excess Right of Way for this portion of
Franklin Road. There are a number of benefits that may accrue if this request is granted
and the property subsequently developed.
The first benefit is that the adjoining land, Tax Map Parcel # 1300101, which is currently
zoned C-1, can be more effectively utilized as commercial property in accordance with
it's current zoning. This piece of undeveloped land would have buildings constructed on
it that would generate additional tax revenue for the City through real estate and
personal property taxes as well as substantial other business taXes and fees while not
creating the need for any significant additional public services.
Secondly, upon development of tax map parcel 1300101, the City and the public would
receive the benefit of having a public drainage system taken over by private interests at
no cost to the City while relieving the City of current and future maintenance
responsibilities. Third, this portion of Franklin Road would also be improved with both
curbing and sidewalks at no cost to the city when Tax Parcel 1300101 is developed.
The road shoulder currently is a safety hazard with a small substandard grass shoulder
that slopes off into a steep roadside ditch. In areas, this ditch is within 3.5 feet of the
edge of pavement. The installation of the curb would enhance the public safety for
those using this section of Franklin Road.
In order to develop Tax parcel #1300101 as is currently exists, significantly more
grading and the clearing of trees on the property would have to occur. With the
abandonment of the requested strip of land, the property would not require the same
amount of grading and the clearing of vegetation to be performed.
During preliminary discussions with the Department of Engineering and the Department
of Planning Building and Development, this requested closure has been encouraged for
the primary reasons that a safety concern would be addressed without the need to
expend public funds and a portion of Franklin Road would be improved.
WHEREFORE, Structures Design/Build, LLC respectfully requests that above-
described portion of right of way as shown on the attached Exhibit "A" be vacated by the
Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-
2006 and Section 30-14, Code of the City of Roanoke (1979), as amended.
STRUCTURES DESIGN/BUILD, LLC
PO Box 20287
Roanoke, VA 24018
540-774-4800
Respectfully Submitted
Structures Design/Build, LLC
Steven S. Strauss, Mgr.
Date
Page 2 of 2
PROPERTY OWNERS TO BE AFFECTED BY PROPOSED
VACATION OF FRANKLIN ROAD RIGHT OF WAY
Tar Map Number Property Owner Mailing Address
1300116 Glen C. & Marsha M. Combs 3627 Do.rood Lane, SW
Roanoke, VA 24015
1300413 Richard H. West 831-C Duke of Gloucester Street, SW
Roanoke, VA 24018
1290119 Friendship Manor Retirement 327 Hershberger Road
Community, Inc. Roanoke, VA 24012
1300101 Franklin Road, LLC 305 First Street, SW
Roanoke, VA 24011
1290171 Homeowners Association, Inc. 3358 KingsburyCourt
Roanoke, VA 24014
TAX ~f1300413
RICHARD G. I/iEST
E~ISI~IG RIGHT-OF-J
3.52 AC,
TAX ~11300101
PROPERTY OF FRANKUN ROAD, LL¢
LN. 01000995 .
· LN. W$1RUJ/ZNT NUMBE~
AC ACRES
RCP RBte"ORC~ ~ P/PS
$S SANITARY ~
COt~f. lC~IED itETAL PIP~
UIILITY POLE
O~ ELEC~lC
SANITARY SEI~R MAI~OLE
III
SEE NOIE RIGHT-OF-WAY
OF PAVEUENT
RI~T-OF-W,~ Y AcoulmnON GRAPHIC SCALE
0.717:~ ACRES -100 0 50 100
UNE BEARING DISTANCE LINE BEARINg DISTANCE
f-,~ N 60'49'14' W ~5.8a' .~-m N ~m'~a' ~ 101.44'
2-J N 16'32'27' E 2,15.ao' Io-1! N 30'~I'56° E~ I09.27'
$-4 N 17~4'54° f~ 103.99' II-12 S 63'35'37' t~ 17.~10'
4-5 N 18'22'36' E I02.83' I2-I,; S 28'32'34' V/ 230,86'
5.-$ N 20'03'~6' ~ I09.50' I~-Pl S 34'0~'21' W 148.34'
8-7 N 2415'!6' E 127.18' l,l-15 S 17'19'~t' W ;~70.54'
a-9 N 30~4'55' E ~t2.34' 18-f S 19'3~'~' V/ ~97.34'
AREA ~, ~717 AC~ES
PHONE: (540) 774-4411
FAX: (540) 772-9445
E-MAIL: MAIL@LUMSDENPC. COM
I II
4664 BRAMBLETON AVENUE
P.O. BOX 20669
ROANOKE, VIRGINIA, 24018
TAX ~1300116
GLENN C. COMBS
O.8. 1550, PG.Z/
C~P
II I
LUMSDEN ASSOCIATES, P.C.
ENGINEERS-SURVEYORS-PLANNERS
ROANOKE, VIRGINIA
200
1" = 100'
EXHIBIT
PLA T SHOIMNG
PROPOSED RIGHT- OF- WAY ACQUISITION
PREPARED FOR
STRUCTURES DESIGN/BUILD
SITUATED ALONG FRANKLIN ROAD, S.W.
c.r3n[ OF ROANOKe, VIRGINIA
DATE: MAY 1. 2002
COMM. NO.: ] SCALE:
92-013S[ 1" = 100'
CADD FILE=
F=\I992\920135\$UR\0138EX02.DWG
II10
IiO0
Io~Io
Io~0
lO'fO
lOgO
IO.50
100o
PROP
LINE
I~EAR,
BUILPlN~,
5E'I'BAd, I~
I
FRZ2NT
BUILPlN~
I
PR~2P
LINE
EXISTIN~
PAV'ElvlENT
EXISTIN~
GREEK.
EXISTINg, ~PE~~ LINE C,C)NFI~,UR. ATION
IllO
IlO0
IO~IO
lOgO
IO'/O
lOgO
LINE
REAR
BUlLDIN~
5E'rBAGK
I
t=R~)NT
E~ILI~IN~
5E'T'BAGK
I
I
I
I--
LINE
EXI~TIN~
EDgE OF
PAVE~iENT
1040
1030
EXISTIN~
CfiEEK,
EXISTIN~ PR~PER,TY LINE C, ONFI~,URATION
II10
IiO0
lO,lO
I0~0
IO-/0
I0~0
IOA~
I0~0
BUII..DIN~,
.~E"rBAd, K.
FRONT
BUILPlN~,
5E'r~AGt(..
I
__1
__1
. I
EXISTINg,
PROP ED~,E OF
lINE PAVI~I',,fENT
LINE ~ONI=I~,URATION
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
lelephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
July 9, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Steven S. Strauss, Manager
Structures Design/Build, L.L:C.
P. O. Box 20287
Roanoke, Virginia 24018
Dear Mr. Strauss:
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,
July 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Steve S. Strauss, Manager, Structures
Design/Build, L.L.C., representing Franklin Road, L.L.C., that a 0.717 acre portion of
excess right-of-way of Franklin Road, S. W., adjoining Official Tax No. 1300101, be
permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planmng Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the July 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W~, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
July 9, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deput3,' City Clerk
Mr. and Mrs. Glen C. Combs
3627 Dogwood Lane, S. W.
Roanoke, Virginia 24015
Franklin Road, L.L.C.
305 First Street, S. W.
Roanoke, Virginia 24011
Mr. Richard H. West
831-C Duke of Gloucester Street, S. W.
Roanoke, Virginia 24018
Homeowners Association, Inc.
3358 Kingsbury Court, S. W.
Roanoke, Virginia 24014
Friendship Manor Retirement Community, Inc.
327 Hershberger Road, N. W.
Roanoke, Virginia 24012
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,
July 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Steve S. Strauss, Manager, Structures
Design/Build, L.L.C., representing Franklin Road, L.L.C., that a 0.717 acre portion of
excess right-of-way of Franklin Road, S. W., adjoimng Official Tax No. 1300101, be
permanently vacated, discontinued and closed.
The City Planning Commission is recommending that Council deny the request for closure.
If you would like to receive a copy of the report of the City Planning Commission, please
call the City Clerk's Office at 540-853-2541.
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, Building and Development at 540-853-1730.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, June
20, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
Request from Structures Design/Build, LLC, represented by Steven S. Strauss, that a
0.717 acre portion, more or less, of excess fight-of-way of Franldin Road that adjoins tax
parcel 1300101 be permanently vacated, discontinued and closed.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, June 4 and 11, 2002.
Please bill
Steve Strauss
Structures Design/Build, LLC
P O Box 20287
Roanoke, VA 24018
(540) 774-4800
Please send affidavit of publication to:
Department of Planning Building & Dev.
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
lelephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
May 3, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 2, 2002, from Steve S. Strauss,
Manager, Structures Design/Build, L.L.C., representing Franklin Road, L.L.C., requesting
that a 0.717 acre portion of the excess right-of-way of Franklin Road, S. W., adjoining
Official Tax No. 1300101, be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
Robert B. Manetta
May 3, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Steven S. Strauss, Manager, Structures Design/Build, L.L.C., P. O. Box 20287,
Roanoke, Virginia 24018
William M. Hackworth, City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
RES
.......... -" l)~si~n/Build
Building with Integrity
PO Box 20287 5100 Bernard Drive Roanoke, Viri~.nia 24018 fax (540) 989-7062 (540) 774-4800
May 2, 2002
City Clerk
City of Roanoke
215 Church Avenue
Roanoke, VA 24011
Re:
Vacation of Right of Way
Franklin Road
To: City Clerk
Please find enclosed the following attachments in regards to Structures Design/Build request
for the vacation of a 0.717 acre portion of the Franklin Road Right of Way that adjoins Tax
Map Parcel # 1300101 in the City of Roanoke.
1) Original and one copy of application for vacating, altering, discontinuing and/or
closing a street or alley.
2) Check made payable to the City Clerk in the amount of $100.00.
3) A complete list of property owners, including mailing addresses and official tax
numbers, affected by the proposed vacation.
4) Three (3) copies of a plat showing the requested vacation.
If you have any questions, please feel free to call us.
Sincerely, / ~
Ste,gen S. Strauss / ~'- tt
Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Application of Structures Design/Build, LLC
for vacation of a 0.717 acre portion of the
Franklin Road Right of Way that adjoins Tax
Parcel # 1300101
MEMBERS OF COUNCIL:
) APPLICATION FOR VACATING,
) DISCONTINUING AND
) CLOSING OF A PORTION OF
FRANKLIN ROAD RIGHT OF WAY
Structures Design/Build, LLC, by its manager, Steven S. Strauss, representing
Franklin Road, LLC, applies to have a 0.717 acre portion of the excess Right of Way of
Franklin Road that adjoins Tax Map # 1300101, in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed pursuant to Virginia Code Section 15.2-
2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This 0.717
acre portion of right of way is more particularly described on the attached Plat marked
Exhibit "A" labeled "Proposed Right-of-Way Acquisition Prepared for Structures
Design/Build" and dated May 1,2001 which is attached hereto and as described as
follows:
That area bounded by corners I through 12, inclusive, as shown on the attached
Exhibit "A" labeled "Proposed Right-of-Way Acquisition Prepared for Structures
Design/Build" and dated May 1, 2001 as prepared by Lumsden and Associated,
P.C. and which contain 0.717 acres
Structures Design/Build, LLC stated that the grounds for this application are as
follows:
The property requested to be vacated currently is excess Right of Way for this portion of
Franklin Road. There are a number of benefits that may accrue if this request is granted
and the property subsequently developed.
The first benefit is that the adjoining land, Tax Map Parcel # 1300101, which is currently
zoned C-1, can be more effectively utilized as commercial property in accordance with
it's current zoning. This piece of undeveloped land would have buildings constructed on
it that would generate additional tax revenue for the City through real estate and
personal property taxes as well as substantial other business taxes and fees while not
creating the need for any significant additional public services.
Secondly, upon development of tax map parcel 1300101, the City and the public would
receive the benefit of having a public drainage system taken over by private interests at
no cost to the City while relieving the City of current and future maintenance
responsibilities. Third, this portion of Franklin Road would also be improved with both
curbing and sidewalks at no cost to the city when Tax Parcel 1300101 is developed.
The road shoulder currently is a safety hazard with a small substandard grass shoulder
that slopes off into a steep roadside ditch. In areas, this ditch is within 3.5 feet of the
edge of pavement. The installation of the curb would enhance the public safety for
those using this section of Franklin Road.
In order to develop Tax parcel #1300101 as is currently exists, significantly more
grading and the clearing of trees on the property would have to occur. With the
abandonment of the requested strip of land, the property would not require the same
amount of grading and the clearing of vegetation to be performed.
During preliminary discussions with the Department of Engineering and the Department
of Planning Building and Development, this requested closure has been encouraged for
the primary reasons that a safety concern would be addressed without the need to
expend public funds and a portion of Franklin Road would be improved.
WHEREFORE, Structures Design/Build, LLC respectfully requests that above-
described portion of right of way as shown on the attached Exhibit "A" be vacated by the
Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-
2006 and Section 30-14, Code of the City of Roanoke (1979), as amended.
Respectfully Submitted
/Build, LLC Date
Steven S. Strauss, Mgr.
STRUCTURES DESIGN/BUILD, LLC
PO Box 20287
Roanoke, VA 24018
540-774-4800
Page 2 of 2
PROPERTY OWNERS TO BE AFFECTED BY PROPOSED
VACATION OF FRANKLIN ROAD RIGHT OF WAY
Tax Map Number Property Owner Mailing Address
1300116 Glen C. & Marsha M. Combs 3627 Dogwood Lane, SW
Roanoke, VA 24015
1300413 Richard H. West 831-C Duke of Gloucester Street, SW
Roanoke, VA 24018
1290119 Friendship Manor Retirement 327 Hershberger Road
Community, Inc. Roanoke, VA 24012
1300101 Franklin Road, LLC 305 First Street, SW
Roanoke, VA 24011
1290171 Homeowners Association, Inc. 3358 Kingsbury Court
Roanoke, VA 24014
C. CO~4BS
50. PG.
No~ . ~ ~' W r ~7~'A~ -100 0 50 100 200
~) ~IS P~T IS BA~ ~ ~S~NG ~C~
2) ~IS ~T WAS ~ ~T ~ ~T ~ A ~T ~ R~T ~D ~ UAY ~ST
~~ ~1~ ~CT ~E ~CT ~ NOT ~ H~. 1" = 100'
~T~Y ~ ~ S~ ~.
. ,-~ ,,o-,~.,- · ~,.~ ~,, , ~.~-, ,o,.~. ~x,,,,~ .~.
I.~. ~T ~ ~-~ N t632'2~ E 215.80' 1~fl N ~1'~' E I~.2~ PLAT SHO~NG
~c ~ ~ n ~'~' e ~.9¢ ~-~ s ~'~'~ e ~z~' PROPOSED RIGHT-OF-FAY ACQUISITION
= ~r~Y ~ 4-~ N ,a~'~' ~ ,oz~' t~-tJ s 2eJ2'~' w ~.~' PREPAREO FOR
~ ~ ~= ~ ~ ~ . ~o~' ~ ~.~' ~-~ s ~'~' · ~' DE~IGN~B
, ~ u=~ , 9-~ . =~='~w ~ ~sz~' ~ s ~¢o~' · ~o.~' STRUCTURES
UILD
~ O~ ~C~C ] 7-8 N 28~6'~' E 99.~' 15-1~ S 19~'28' W 2JZ60' SI~A~D ALONG FRANKLIN ROAD, S,~
i
I LUMSDEN ASSOCIATES, P.C. ~~,o~[~[ ~.o~[:~0,..~,
ENGINEERS-SURVEYORS-PLANNERS ~.0. Box 20660 [~: (540) 772-0445 00~. ~0.~ 02-0~3S 1"= loft
ROANOKE, VIRGINIA ROANOKE, VIRGINIA 24018 E-~IL: MAIL~LUMSDENPC.COM CADD FILE: F:X1992X92013SXSURX013SEX02.DWG
~ ~iT--OF--WAYA~&~FION TA~
LINE BEARMG DISTANCE LINE BEARING DISTANCE
I-.2 N 60'49'14' W 25.88' 9-I0 N 30'06'58' E 101.44'
2-J N 16"J2'27' E 215.80' 10-II N 3071'56" E I09.2T
J'-4 N 17'24'54' E I03.99' II-I2 S 63'35'37' E IZ80'
· 1-5 N 18'2,2'36' E 102.83' 12-lJ S 28'32'34' iV 230.86'
5-~ N 20'03'36' (~ I09.50' tJ-l,l S 34'09'21' iV 148.34'
6-~ N 2475'16" E I?.7.18' l,t-I5 S 17'19'01' W 270.54'
7-8 N 28~26'04' E 99.86' 15-18 S 19'06'28' W 237.60°
~ AREA = ~7/7 A~=S ~
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Monday, July 15,
2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber
in the Noel C. Taylor 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 tight-of-way, the following public tight-of-way:
That 0.717 acre portion, more or less, of excess tight-of-way of Franklin Road
that adjoins tax parcel 1300101.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question. If you are a person with a disability who needs
accommodations for this public heating, contact the City Clerk's Office, 853-2541, by
Thursday, July 11, 2002.
GIVEN under my hand this 24 th day of June ,2002.
Mary F. Parker, City Clerk.
H:LNOTICEShN-CLOSEALLEYFRANKL1NRD-PH-071502.DOC
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
STRUCTURES DESIGN/BUILD
PO BOX 20287
STRUCTURES DESIGN/BU
ROANOKE VA 24018
REFERENCE: 80087896
01934866 0.717 acre portion
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,
Virginia
Sworn an~ subscribed before me this ~
of July 20~. ~i~t~-~s~..my hand and offic~-
seal. .~/___~~~_ ...... Notary
My commission expires ~ ~1 ~
Commonwealth/State of
day
Public
PUBLISHED ON: 06/28 07/05
TOTAL COST: 200.64
FILED ON: 07/05/02
...................................................
TO WHOM IT MAY CONCF..~N:
RMinoke v~ll hMd & Public
H~ on MMI(:I~y, July 15,
2002, at 7:00 p.m., or as soon
tharNdtM a~ tbe mattm' may
be heard, in the Council
Chamber in the Nqel. C. Taylor
Mtmle, lpal Buildln& 215 C~urch
Avelwe, $.W., on ~'l INg)lMi~i-
· vKat~, di~ontinue end
lellM kltMast in Mid public:
dght-ol'-vmy, the fMIoM~ pub-
That O.717 ac~ I~XtJon, more
.Fmpldin Ro~l th~ ~W)k~
tax pm~'
456, NoM C. ~Tay~or Munlc~p~
If y~W MI, n pellon with n (:h-
alMH~ wbe need~ nC(:mnmoda-
Billing Services Representative
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
July 18, 2002
File #514
STEpHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Kitina A. Gimbert
630 Arbutus Avenue, S. E.
Roanoke, Virginia 24014
Dear Ms. Gimbert and Ms. Harrison:
Ms. Sue E. Harrison
702 Arbutus Avenue, S. E.
Roanoke, Virginia 24014
I am enclosing copy of Ordinance No. 35996-071502 vacating, discontinuing and closing
that certain unopened portion of Whitman Street, S. E., from the southerly boundary of
Arbutus Avenue, between parcels of land identified as Official Tax Nos. 4151207 and
4160301, to the boundary of property acquired for the Roanoke River Flood Reduction
Project; and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Enclosure
pc:
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
bio. 35996-071502.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Kitina A. Gimbert and Sue E. Harrison, filed an application to the
Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to
permanently vacate, discontinue and close the public right-of-way described hereinafter; and
WHEREAS, the City Planning, Commission, 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 C'ouncil;
WHEREAS, a public hearing was held on said application by the City Council on
July 15, 2002, after due and timely notice thereof as required by §30-14, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no inconvenience
will result to any individual or to the public from 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 unopened portion of Whitman Street, S.E., from the southerly
boundary of Arbutus Avenue, lying between parcels identified by Official Tax
Nos. 4151207 and 4160301
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. ~ires,
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 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 applicatio,n, deliver to the Clerk of the Circuit Court of the
City of Roanoke, Virginia, a certified COlby of this ordinance for recordation where deeds are
recorded in said Clerk's Office, indexing the same in the name of the City of Roahoke,
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 FURTHER 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.
BE IT FINALLY ORDAINED that pursuant to the provisions of {}12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: plan ning~ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Kitina A. Gimbert and Sue E. Harrison that an
unopened portion of Whitman Street, S.E., from the southerly
boundary of Arbutus Avenue to the boundary of the property
acquired for the Roanoke River Flood Reduction Project, lying
between parcels identified by Official Tax Nos. 4151207 and
4160301, be permanently vacated, discontinued and closed.
Planning Commission Action:
Planning Commission public hearing was held on June 20, 2002. By a vote of 5-
0 (Mr. Butler absent), the Commission recommended approval of the requested
closu re.
Background:
Engineering staff determined that the subject portion of right-of-way should be
vacated as part of land acquisition negotiations for the City's flood reduction project.
The petitioners were approached by City engineering staff who prepared the petition on
their behalf. The subject portion of right-of..way is unimProved and dead-ends on the
bank of the Roanoke River.
Greg Reed, a Civil Engineer for the City, spoke on behalf of the petitioners in
their absence. Mr. Reed explained that the City had acquired the rear portion of the
petitioners' properties and that this vacation was being undertaken as part of the land
acquisition process for the Roanoke River Flood Reduction Project.
Mr. Marietta commented that staff had pointed out during the tour of the site that
due to the loss of property in the rear of the parcels, that the additional land of the
vacated right-of-way would not enable the petitioners to expand their current use in any
way. Mr. Talevi asked Mr. Reed to clarify exactly what was being petitioned for
vacation. Mr. Talevi noted that the petition stated that all of the unimproved right-of-way
was to be vacated, while Mr. Reed had stated that only a portion would be.
Staff noted that the issue would easily be resolved when surveyed and platted,
since the City's Engineering Department would be surveying it. Mr. Talevi requested of
Mr. Reed that he later submit a description of the right-of-way to be vacated that
included the footage. Mr. Manetta noted that the language of the petition stated that the
right-of-way was between the two parcels of the petitioners. Since part of the
petitioners' properties were acquired by the City, the amount of the right-of-way to be
closed between the parcels is smaller than the entire length of the unimproved area of
Whitman Street. A first amended petition was filed on July 1,2002, to reflect the actual
area to be vacated.
Considerations:
Both of the petitioners' parcels are zoned RS-3, Residential Single Family
District, as are all the properties in the vicinity. The surrounding uses, as well as the
neighborhood (RiverlandNValnut Hills), are predominantly single-family residential.
There is a sewer line that runs perpendicular to the right-of-way. Staff received
comments from AEP, Verizon and Roanoke Gas, all of which expressed no objection to
the petitioners' request and no requests for easements.
The proposed vacation poses no potential impact on traffic in the area, as the
subject portion of right-of-way is unimproved and has no potential to provide vehicular
access to any property owners other than the petitioners.
Staff received comments from Kathy Hill, President of Riverland Alert Neighbors,
the neighborhood organization in the area, in support of the petitioners' request.
City Council is authorized to sell this vacated portion of alley, if it so chooses.
Section 15.2-2008 of the Virginia Code (1950), as amended, authorizes a City to
require an abutting property owner to purchase the vacated right-of-way as a condition
of the vacation. Under such an arrangement, the price may be no greater than the
property's fair market value or its contributory value to the abutting property, whichever
is greater, or the amount agreed to by the parties. The Department of Real Estate
Valuation quoted the valuation range for this 3,330 square foot portion of alley as
$1,700 - $2,300, based on a rate of $.50 - $.70 per square foot.
2
Recommendation:
Planning Commission recommends that City Council approve the petitioners'
request and close, discontinue and vacate this portion of Whitman Street, SE, subject
to the conditions set forth below and further recommends that the petitioners not be
charged for this portion of right-of-way, as the City initiated this petition on their behalf.
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record the
plat with the Clerk of the Circuit Court for the City of Roanoke. Said
plat shall combine all properties which would 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 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 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 one year
from the date of adoption of this ordinance, then said ordinance shall
be null and void with no further action by City Council being necessary.
CC'
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
3
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Greg Reed, City Engineer's Office
FIRST AMENDED APPLICATION
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
APPLICATION OF KITINA GIMBERT
AND SUE HARRISON FOR VACATION
OF AN UNOPENED STREET
APPLICATION FOR VACATING,
DISCONTINUING AND
CLOSING AN UNOPENED
STREET
MEMBERS OF CITY COUNCIL:
Kitina A. Gimbert and Sue E. Harrison ("Petitioners") apply to have the right-of-~vay
of an unopened street between parcels identified by Tax Numbers 4151207 and 4160301
permanently vacated, discontinued and closed pursuant to Virginia Code Section 15.2-
' 2006, and Section 30-14, Code of the City of Roanoke (1979), as amended. This public
right-of-way is more particularly described on the attached map (Exhibit A) and as follows:
A thirty foot (30') public right-of-way being the unopened extension of Whitman Street,
from the southerly boundary of Arbutus Avenue to the boundary of the property acquired for
the Roanoke River Flood Reduction Project. The total area will be accurately defined on a
plat of survey to be required as a condition of closure.
(1) The adjacent properties are owned by the petitioners. Closure of this right-of-
way will have no adverse effect on any property or owner. A list of the property owners
whose lots border or abut the subject right-of-way is attached as Exhibit B.
(2) The right-of-way to be vacated is presently being used as the side yards of
the adjacent parcels.
(3) Vacating the right-of-way will remove the encumbrance and allow the property
owners full use of the property.
WHEREFORE, the petitioners respectfully request that the above-described right-of-
way be permanently vacated; discontinued and closed by the Council of the City of
Roanoke in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of
the City of Roanoke (1979), as amended.
Respectfully submitted,
Kitina A. Gimbert
Sue E. Harrison
Exhibit "B"
LIST OF ADJACENT PROPERTY OWNERS
Owner
Tax Number
Kitina A. Gimbert
630 Arbutus Avenue
Roanoke, VA 24014
4151207
Sue E. Harrison
702 Arbutus Avenue
Roanoke, VA 24014
4160301
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-I 536
Telephone: (540} 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
July 9, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant DepuW Ci~ Clerk
Ms. Kitina A. Gimbert
630 Arbutus Avenue, S. E.
Roanoke, Virginia 24014
Ms. Sue E. Harrison
702 Arbutus Avenue, S. E.
Roanoke, Virginia 24014
Dear Ms. Gimbert and Ms. Harrison:
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,
July 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of Kitina A. Gimbert and Sue E. Harrison that a
certain unopened portion of Whitman Street, S. E., from the southerly boundary of Arbutus
Avenue, between parcels of land identified as Official Tax Nos. 4151207 and 4160301, to
the boundary of property acquired for the Roanoke River Flood Reduction Project, be
permanently vacated, discontinued and closed
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the July 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pc: Rae McKinney, Senior Loan Originator, 12 Rutledge Court, Sterling Virginia 22170
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, June
20, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
Request fi:om Kitina A. Gimbert and Sue E. Harrison that an unopened portion of
Whitman Street, S.E., from the southerly boundary of Arbutus Avenue to the Roanoke
River, lying between parcels identified by Official Tax Nos. 4151207 and 4160301, be
permanently vacated, discontinued and closed.
A copy of said application is available for review in th~ Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Buil~ting.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the heating listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, June 4 and 11, 2002.
Please bill
John Bowman
Roanoke City Engineering
Room 350, Municipal Building
Roanoke, VA 24011
(540) 989-2731
Please send affidavit of publication to:
Department of Planning Building & Dev.
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO CLOSURE REQUEST OF:
Kitinia Gimbert and Sue Harrison for a portion of Whitman) AFFIDAVIT
Avenue, S.E.
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 22nd day of May, 2002, notices of a public heating to be held on
the 20th day of June, 2002, on the request captioned above to the owner or agent of the parcels listed
below at their last known address:
Parcel Owner's Name
4151207 Kitina Gimbert
Sue E. Harrison
4160301
Mailing Address
630 Arbutus Avenue, SE
Roanoke, VA 24014
702 Arbutus Avenue, SE
Roanoke, VA 24014
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 22nd day of May, 2002.
Notary Public (J'
My Commission expires:~ '-~., ~~.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
April 29, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
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 April 29, 2002, from Kitina A. Gimbert
and Sue E. Harrison requesting that a 30 foot public right-of-way being an unopened
extension of Whitman Street, S. E., from the southerly boundary of Arbutus Avenue to the
Roanoke River, between parcels of land identified as Official Tax Nos. 4151207 and
4160301, be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
Robert B. Manetta
April 29, 2002
Page 2
pc~
The Honorable Mayor and Members of the Roanoke City Council
Kitina A. Gimbert, 630 Arbutus Avenue, S. E., Roanoke, Virginia 24014
Sue E. Harrison, 702 Arbutus Avenue, S. E., Roanoke, Virginia 24014
William M. Hackworth, City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
APPLICATION OF KITINA GIMBERT
AND SUE HARRISON FOR VACATION
OF AN UNOPENED STREET
APPLICATION FOR VACATING,
DISCONTINUING AND
CLOSING AN UNOPENED
STREET
MEMBERS OF CITY COUNCIL:
Kitina A. Gimbert and Sue E. Harrison ("Petitioners") apply to have the right-of-way of
an unopened street between parcels identified by Tax Numbers 4151207 and 4160301
permanently vacated, discontinued and closed pursuant to Virginia Code Section 15.2-
2006, and Section 30-14, Code of the City of Roanoke (1979), as amended. This public
right-of-way is more particularly described on the attached map (Exhibit A) and as follows: A
thirty foot (30') public right-of-way being the unopened extension of Whitman Street, from
the southerly boundary of Arbutus Avenue to the Roanoke River. The total area will be
accurately defined on a plat of survey to be required as a condition of closure.
(1) The adjacent properties are owned by the petitioners. Closure of this right-of-
way will have no adverse effect on any property or owner. A list of the property owners
whose lots border or abut the subject right-of-way is attached as Exhibit B.
(2) The right-of-way to be vacated is presently being used as the side yards of the
adjacent parcels.
(3) Vacating the right-of-way will remove the encumbrance and allow the property
owners full use of their property.
WHEREFORE, the petitioners respectfully' request that the above-described right-of-
way be permanently vacated, discontinued and closed by the Council of the City of
Roanoke in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code of
the City of Roanoke (1979), as amended.
Date:
Respectfully submitted,
Kitina A. Gimbert
Sue E. Harrison
vacate-arbutus
2
Exhibit "B"
LIST OF ADJACENT PROPERTY OWNERS
Owner
Tax Number
Kitina A. Gimbert
630 Arbutus Avenue
Roanoke, VA 24014
4151207
Sue E. Harrison
702 Arbutus Avenue
Roanoke, VA 24014
4160301
vacate-arbutus
3
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public heating on Thursday, May
16, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
An ordinance amending and reordaining Section 36.1-25, Definitions, by deleting the
definition of tow truck operations and adding definitions of towing services and wrecker
services; Section 36.1-206, Permitted uses, in the C-2, General Commercial Districts;
Section 36.1-249, Permitted uses, in the LM, Light Manufacturing Districts; Section 36.1-
250, Special exception uses, in the LM, Light Manufacturing Districts; Section 36.1-270,
Permitted uses, in the HM, Heavy Manufacturing Districts; and Section 36.1-271, Special
exception uses, in the HM, Heavy Manufacturing Districts of Chapter 36.1, Zoning, of
the Code of the City of Roanoke (1979), as amended, to provide for towing services and
wrecker services under certain conditions in those zoning districts.
A copy of said ordinance is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
Ail parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the heating listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, April 30 and May 7, 2002
Please bill credit card and send affidavit of publication to:
Department of Planning Building & Development
Room 166, Municipal Building Roanoke, VA 24011 (540) 853-1730
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Monday, July 15,
2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber
in the Noel C. Taylor 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 unopened portion of Whitman Street, S.E., from the southerly
boundary of Arbutus Avenue, lying between parcels identified by Official Tax
Nos. 4151207 and 4160301, to the boundary of the property acquired for the
Roanoke River Flood Reduction Project.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question. If you are a person with a disability who needs
accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by
Thursday, July 11, 2002.
GIVEN under my hand this 26th day of June ., 2002.
Mary F. Parker, City Clerk.
H:x2qOTICES\N-CLOSEALLEYARBUTUSAVE-PH-071502.WPD
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CITY OF ROANOKE, ENG.
215 CHURCH, RM 350
ENGINEERING DEPT.
ROANOKE VA 24011
REFERENCE: 80022630
01934886 Whitman Street
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
of July 200~\. ~Wi~hand and official
seal. ~ , Notary Public
My commission expires ~ ~ ~ ~O~
PUBLISHED ON: 06/28 07/05
TOTAL COST: 225.72
FILED ON: 07/05/02
The Council o~e City of
Roan~e will ~ a Pul~lc
2002, ~ ?:00
bm* in the NOM C. Taylor Muni~.
Ip~ BuJl~r~, 215 Chu~h Ave-
nue, S.W,, m~ an ~p~JIc~km to
intere~ In mdcl public t~-of-
of,way:
of Wh~man Street, ~S.E,, fi'om
If you afl, a Pm'm~rl wNh ar d1~-
85,.-~-254~ by T hut. ds y, .July
11,
clay of June, 2002.
I~hvy F. Pad,r, City C~ed(
(19948~)
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clark
July 18, 2002
File #514
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35997-071502 vacating, discontinuing and closing
a proposed 30 foot public right-of-way, known as Mason Mill Road, N. E., extending from
the' southerly7' boundary of Official Tax No. 7230101 to the northerly boundary of said
parcel; and dispensing with the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Attachment
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
Darlene L. Burcham
July 18, 2002
Page 2
pc~
Mr. Richard West, 3130 Franklin Road, S. W., Roanoke, Virginia 24014
Franklin R'oad,.L,L.C., 305 First Street, S. W., Roanoke, Virginia 24011
Mr. and Mrs. Glen C. Combs, 3627 Dogwood Lane, S. W., Roanoke, Virginia 24015
Rolanda A. Johnson, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
N:\CKMHl~,genda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15t:h day of July, 2002.
No. 35997-071502.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and
dispensing with the second readlng of this ordinance by title.
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 right-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
July 15, 2002, after due and timely notice thereof as required by §30-14, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no inconvenience
will result to any individual or to the public from 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 30' public right-of-way, known as Mason Mill Road, N.E., extending
from the southerly boundary of tax parcel 7230101 to the northerly boundary
of said parcel
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 ~o 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.~ires,
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, maim 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.
2
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 Roahoke,
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 occun'ed.
BE IT FURTHER ORDAINED that if the above conditions have not been met within
a peri_od 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.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City'
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci, roanoke.va.us
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from the City of Roanoke, represented by Darlene L.
Burcham, City Manager, that a 30' public right-of-way, known as
Mason Mill Road, N.E. extending from the southerly boundary of
tax parcel 7230101 to the northerly boundary of said parcel, be
permanently vacated, discontinued and closed
Planning Commission Action:
Planning Commission held a public hearing on June 20, 2002. By a vote of 5-0 (Mr.
Butler absent), the Commission recommended approval of the requested closure.
Background:
The right-of-way proposed for closure is part of Mason Mill Road N.E. (formerly
Manning Road). The petitioner owns all the adjacent property and wishes to vacate
the right-of-way to allow the development of an additional parcel in Roanoke Centre for
Industry and Technology (RCIT). Blue Hills Golf Corporation owns the property
northwest, which includes the Blue Hills Golf Course. The Clifton Heights area and the
industrial park are located to the southeast of the petitioner's property. The public right-
of-way is accessible only from Mason Mill Road.
The right-of-way requested for closure formerly served as an entrance road to access
Blue Hills Golf Course and a farm northeast of the golf course. The right-of-way has
not been used for several years and is no longer needed, as Blue Hills Drive will be
extended to serve the RCIT parcels.
Planning Commission held a public hearing on June 20, 2001. Mr. Greg Reed from the
Roanoke City Engineering Department presented the closure request for the City.
Jacques Scott, City Planner, presented the Planning staff report and recommended
approval of the request, advising that the right-of-way will be of no use since Blue Hills
Drive will be extended to serve RCIT parcels. Adjoining zoning to the proposed rights-
of-way is LM, Light Manufacturing, and used in such nature. Vacating the right-of-way
will allow the development of an additional parcel in the RCIT.
Considerations:
All property adjoining the right-of-way is zoned LM, Light Manufacturing. The uses of
the adjoining property, except for the golf course (zoned PA, Residential Agricultural
District), are industrial in nature.
American Electric Power has no facility located in the subject area. Staff received
comments from Verizon and Roanoke Gas Company, who expressed no objection to
the request.
In addition, staff received comments from the City's Traffic Engineer who expressed no
objection to the request, noting that closure would not affect traffic circulation.
Vision 2001-2020 recommends:
That underutilized and vacant industrial sites be evaluated and
redevelopment encouraged.
Local policies and incentives and state economic incentives will
strengthen the businesses and industries in the enterprise zone and
provide jobs.
Identify underutilized industrial sites and promote redevelopment as part
of Roanoke's economic development strategy.
Recommendation:
Planning Commission recommends the City Council approve the request. The portion
of the street will serve no purpose to the City after Blue Hills Drive is extended.
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
cc: Darlene L. Burcham, City Manager
2
Rolanda Johnson, Assistant City Manager for Community Development
William M. Hackworth City Attorney
Steven J. Talevi, Assistant City Attorney
John Bowman, City Engineering Department
3
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
APPLICATION OF THE CITY OF
ROANOKE FOR VACATION OF A
PORTION OF MASON MILL ROAD, N.E.
APPLICATION FOR VACATING,
DISCONTINUING AND
CLOSING A PORTION OF
MASON MILL ROAD, N.E.
MEMBERS OF CITY COUNCIL:
The City of Roanoke ("Petitioner") applies to have the right-of-way of a portion of a
public street across Tax Parcel 7230101, permanently vacated, discontinued and closed
pursuant to Virginia Code Section 15.2-2006, and Section 30-14, Code of the City of
Roanoke (1979), as amended. This public right-of-way is more particularly described on the
attached map (Exhibit A) and as follows: A thirty foot (30') public right-of-way extending from
the southerly boundary of Tax Parcel 7230101 to the northerly boundary of said parcel,
known as Mason Mill Road, N.E. (formerly Manning Road). A legal description of the area
is attached as Exhibit B. The total area is accurately defined on a plat of survey recorded in
Map Book 1, at Page 2409.
(1) The adjacent property is owned by the City of Roanoke. Closure of this
portion of right-of-way will have no adverse effect on any property or owner. A list of the
property owners whose lots border or abut the subject street is attached as Exhibit C.
(2) The property to be vacated is presently being used as a street that serves the
Roanoke Centre for Industry and Technology. This street will no longer be needed as Blue
Hills Drive will be extended to serve these parcels.
(3) Vacating the right-of-way will allow the development of an additional parcel in
Roanoke Centre for Industry and Technology.
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 Virginia Code Section 15.2-2006 and Section 30-14, Code of
the City of Roanoke (1979), as amended.
City Manager
vacate-masonmill
I
/
!
!
I
I
t
!
I
I
I
!
I
t
I
/
'
Exhibit B
Legal Description
Vacation of a portion of Mason Mill Road, N.E., City of Roanoke, Virginia
Beginning at a point on the center line of Mason Mill Road, a right of way 30 feet wide,
formerly known as Manning Road, and formerly known as State Route 812, said point of
beginning being aligned with the extension of a southerly boundary line of Roanoke
Centre for Industry and Technology and bearing S 49°40'30'' W, 22.37' from an iron pin
marking a property corner of same, thence following said center line of a right of way 30
feet wide, hereby vacated, N 07°33'25" E, 255.34' to a point, thence N 14°14'57'' E,
303.22' to a point, thence N 09°29'54'' E, 250.09' to an end point, containing 0.5569
acres of land, more or less.
vacate-masonmill
4
Exhibit C
LIST OF ADJACENT PROPERTY OWNERS
Owner
Tax Number
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
7230101
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
7230104
vacate-masonmill
3
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
July 9, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Mr. Richard West
3130 Franklin Road, S. W.
Roanoke, Virginia 24014
Franklin Road, L.L.C.
305 First Street, S. W.
Roanoke, Virginia 24011
Mr. and Mrs. Glen C. Combs
3627 Dogwood Lane, S. W.
Roanoke, Virginia 24015
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,
July 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., City of Roanoke, on the request of the City of Roanoke that a 30 foot public
right-of-way, known as Mason Mill Road, N. E., extending from the southerly boundary of
Official Tax No. 7230101 to the northerly boundary of said parcel, be permanently vacated,
discontinued and closed.
The City Planning Commission is recommending that Council approve the request for
closure. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
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, Building and Development at 540-853-1730.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
NOTICE OF PUBLIC HEAR/NG BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, June
20, 2002, at 1:30 p.m., or as soon as the matter may be heard, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the
following:
Request fi:om the City of Roanoke, represented by Darlene L. Burcham, City Manager,
that a 30' public right-of-way, known as Mason Mill Road, N.E., extending fi:om the
southerly boundary of tax parcel 7230101 to the northerly boundary of said parcel, be
permanently vacated, discontinued and closed.
A copy of said application is available for review in the Department of Planning Building
and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the
matter. If you are a person who needs accommodations for this hearing, please contact the
Department of Planning Building and Development at 853-1730 before 12:00 noon on the
Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, June 4 and 11, 2002.
Please bill
John Bowman
Roanoke City Engineering
Room 350, Municipal Building
Roanoke, VA 24011
(540) 989-2731
Please Send affidavit of publication to:
Department of Planning Building & Dev.
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-1730
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
May 2, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
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 2, 2002, on the request of the City
of Roanoke that a 30 foot public right-of-way extending from the southerly boundary of
Official Tax No. 7230101 to the northerly boundary of said parcel, known as Mason Mill
Road, N. E., (formerly Manning Road), be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
Robert B. Manetta
May 2, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
APPLICATION OF THE CITY OF
ROANOKE FOR VACATION OF A
PORTION OF MASON MILL ROAD, N.E.
APPLICATION FOR VACATING,
DISCONTINUING AND
CLOSING A PORTION OF
MASON MILL ROAD, N.E.
MEMBERS OF CITY COUNCIL:
The City of Roanoke ("Petitioner") applies to have the right-of-way of a portion of a
public street across Tax Parcel 7230101, permanently vacated, discontinued and closed
pursuant to Virginia Code Section 15.2-2006, and Section 30-14, Code of the City of
Roanoke (1979), as amended. This public right-of-way is more particularly described on the
attached map (Exhibit A) and as follows: A thirty foot (30') public right-of-way extending from
the southerly boundary of Tax Parcel 7230101 to the northerly boundary of said parcel,
known as Mason Mill Road, N.E. (formerly Manning Road). A legal description of the area
is attached as Exhibit B. The total area is accurately defined on a plat of survey recorded in
Map Book 1, at Page 2409.
(1) The adjacent property is owned by the City of Roanoke. Closure of this
portion of right-of-way will have no adverse effect on any property or owner. A list of the
property owners whose lots border or abut the subject street is attached as Exhibit C.
(2) The property to be vacated is presently being used as a street that serves the
Roanoke Centre for Industry and Technology. This street will no longer be needed as Blue
Hills Drive will be extended to serve these parcels.
(3) Vacating the right-of-way will allow the development of an additional parcel in
Roanoke Centre for Industry and Technology.
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 Virginia Code Section 15.2~2006 and Section 30-14, Code of
the City of Roanoke (1979), as amended.
Date:
City Manager
vacate-masonmill
Exhibit A
//
I
/
t
/
/
I
/
/
/
/
/
/
I
/
/
/
/
I
t
/
/
/
I
/
/
/
/
/
/
/
I
U.V.B.
· · A.W.D.
G.P.& F.
S.P.-C,C.
Exhibit B
Legal Description
Vacation of a portion of Mason Mill Road, N.E., City of Roanoke, Virginia
Beginning at a point on the center line of Mason Mill Road, a right of way 30 feet wide,
formerly known as Manning Road, and formerly known as State Route 812, said point of
beginning being aligned with the extension of a southerly boundary line of Roanoke
Centre for Industry and Technology and bearing S 49040'30'' W, 22.37' from an iron pin
marking a property corner of same, thence following said center line of a right of way 30
feet wide, hereby vacated, N 07033'25'' E, 255.34' to a point, thence N 14°14'57'' E,
303.22' to a point, thence N 09029'54" E, 250.09' to an end point, containing 0.5569
acres of land, more or less.
vacate-masonmill
4
Exhibit C
LIST OF ADJACENT PROPERTY OWNERS
Owner
Tax Number
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
7230101
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
7230104
vacate-masonmill
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO CLOSURE REQUEST OF:
Structures Design/Build, LLC, portion of Franklin Road, S.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 22nd day of May, 2002, notices of a public hearing to be held on
the 20th day of June, 2002, on the request captioned above to the owner or agent of the parcels listed
below at their last known address:
Parcel Owner's Name
1300413 Richard West
1300101 Franklin Road, LLC
1300116 Glen and Marsha Combs
Mailing Address
3130 Franklin Road, SW
Roanoke, VA 24014
305 First Street, SW
Roanoke, VA 24011
3627 Dogwood Lane, SW
Roanoke, VA 24015
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 22nd day of May, 2002.
Notary Public ~
My Commission expires:¢~>~(b6~
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Monday, July 15,
2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber
in the Noel C. Taylor 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 tight-of-way, the following public tight-of-way:
That 30' public tight-of-way, known as Mason Mill Road, N.E., extending
from the southerly boundary of tax parcel 7230101 to the northerly boundary
of said parcel.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question. If you are a person with a disability who needs
accommodations for this public heating, contact the City Clerk's Office, 853-2541, by
Thursday, July 11, 2002.
GIVEN under my hand this 24th day of June ., 2002.
Mary F. Parker, City Clerk.
H:~NOTICESLN-CloseAIleyMasonMilIRd-PH-071502.wpd
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
01934809 Mason Mill Rd
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
of July
200 . W' ss my hand and official
seal._ .... Notary Public
My commission expires
PUBLISHED ON: 06/28 07/05
TOTAL COST: 209.00
FILED ON: 07/05/02
TO WHOM IT I~%Y CONCER~:
The Council of the Cl~ of
Roanoke will hold ,. Public
Hearl.~ on Monday, July 15.
2002, mt 7:00 p.m., or ~ soon
thereafter ,,- the m.ttwr may
bet in the Noel C. Tm,~or Mumc-
IpM Sulldin(, 21~ Church AVe-
nue, $.W., o~ an applk:atJon to
dl~3ntlnue and c~oee, to tim
extent t~e City .has any le(a~
way, the fottowlni[ public
dght-of-w~c
N.E., m(tmtdil~ from th~ aouth-
7230101 to the northerly
A copy of thi~ pm~ I~ mm11-
456, No~ ¢. T~ Mm'dok~l
if you am a pemon vAth a d~.
comact the City Clem's Ofllce,
, 853-2541, by Thursday, July
11, 2002. '
, Billing Services Representative
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
July 18, 2002
File #514
Dadene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35998-071502 authorizing the fee simple
conveyance of properties located at 1224 Rorer Avenue, S. W., and 719 Dale Avenue,
S. E., to the Blue Ridge Housing Development Corporation; authorizing execution of a
Subgrant Agreement between the City and Blue Ridge Housing Development Corporation
in order to provide Community Development Block Grant funds for rehabilitation of such
properties, and to provide housing available for rent and/or lease purchase by eligible
Iow/moderate income families; and dispensing with the second reading of this ordinance
by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Attachment
N:\CKMHl~Agenda.02\July 15, 2002 correspondence.wpd
Darlene L. Burcham
July 18, 2002
Page 2
pc:
Jesse A. Elall, Director of Finance
Rolanda A. Joi'inson, Assistant City Manager for Community Development
Freed G. Etienne, Acting Director, Housing and Neighborhood Services
Sarah E. Fitton, Engineering Coordinator
Frank E. Baratta, Budget Team Leader
N:\CKMH l~Agenda.02~July 15, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of July, 2002.
No. 35998-071502.
AN ORDINANCE, authorizing the fee simple conveyance of properties located at 1224
Rorer Avenue, S.W., and 719 Dale Avenue, S.E., to the Blue Ridge Housing Development
Corporation; authorizing the execution ofa Subgrant Agreement between the City and Blue Ridge
Housing Development Corpi)ration in order to provide Community Development Block Grant
(CDBG) funds for the rehabilitation of such properties, and to provide housing available for rent
and/or lease purchase by eligible low/mode'rate income families; and dispensing with the second
reading' of this ordinance by title.
WHEREAS, a public hearing was held on July 15, 2002, pursuant to ,~ 15.2-1800(B) and
1813, Code of Virginia (19550), as amended, at which heating all parties in interest and citizens
were afforded an opportunity to be heard on this proposed conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is authorized to take the necessary action to convey City-owned
property, located at 1224 Rorer Avenue, S.W., and 719 Dale Avenue, S.E., to the Blue Ridge
Housing Development Corporation upon the terms and conditions set forth in the letter to this
Council dated July 1:5, 2002. All documents necessary for this conveyance shall be upon form
approved by the City Attorney.
2. The City Manager, and the City Clerk, are further authorized, for and on behalf of the
City, to execute and attest respectively, a Subgrant Agreement with Blue Ridge Housing
H:\O RDINAN~SU~GI~,ANTAGRP, F~ LUEIIIDGE. Wi~D
Development Corporation, for funding through Community Development Block Grant funds, in the
amount of $150,143.00, to provide for rehabilitation of the two properties located at 1224 Rorer
Avenue, S.W., and 719 Dale Avenue S.E., upon the terms and conditions set forth in the City
Manager's letter to this Council dated Suly 15, 2002.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:~ORDINANCi~AO-SUBC.~TAGR~p~iLUP. RiD~.Wi~D
Office of the City Manager
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable Dr. M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Conveyance of Property and
Execute Subgrant Agreement
with the Blue Ridge Housing
Development Corporation (BRHDC)
Background:
The City of Roanoke receives entitlement grants each year under the Community
Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs
of the U.S. Department of Housing and Urban Development (HUD). HUD approval of the
City's FY 2002-03 CDBG Application is forthcoming. The letter of approval is pending the
routine Congressional release process. As part of the HUD Entitlement Consolidated Plan
application, approved by Council on May 13, 2002, by Resolution No. 35848-051302, City
Council authorized funding for the Employer Assisted Housing Program.
In October 2001, City Council authorized the City Manager to purchase, on behalf of the
City, two properties located at 1224 Rorer Avenue, SW, and 719 Dale Avenue, SE, from
HUD. Under the Employer Assisted Housing Program, the BRHDC is to renovate these
two properties and make them available for rent and/or lease-purchase by eligible
Iow/moderate income families. Through December 31, 2002 these properties will be
marketed solely to Iow/moderate income Roanoke police officers and teachers and/or other
City employees, at below market rate rents, as a recruiting inducement and to benefit an
older neighborhood through the presence of positive role models. If the properties are still
available January 1, 2003, BRHDC may begin marketing the properties to the general
Iow/moderate income public, as well.
Considerations:
A subgrant Agreement with BRHDC is necessary in order to provide CDBG funding
for the rehabilitation of the properties involved in the Employer Assisted Housing
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
Honorable Mayor and Members of Council
July 1,2002
Page 2
Program. Funding is available in Account No. 035-G03-0320-5368 in the amount of
$150,143.
As part of the subgrant Agreement, $150,143 in CDBG funds will be provided to the
BRHDC in the form of an interest-free, 10-year forgivable loan to assist with the
rehabilitation of the properties. In the event the Employer Assisted Housing
Program is discontinued prior to full forgiveness of the loan, the BRHDC is required
to pay the balance remaining to the City.
B. A public hearing is required to convey these two properties to BRHDC.
Recommended Action:
Following the public hearing on the conveyance of 1224 Rorer Avenue, S. W., and 719
Dale Avenue, S. E., and contingent upon approval by HUD of the FY 2002-03 Annual
Update to the Consolidated Plan, which provides for the Employer Assisted Housing
Program, authorize the City Manager to execute with BRHDC a CDBG Subgrant
Agreement, similar in form and content to the attached draft, and such other documents as
may be required to convey and renovate these properties. All documents are to be
approved as to form by the City Attorney prior to execution.
Respectfully submitted,
City Manager
DLB:dsm
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, ACM for Community Development
F. Mike Etienne, Acting Director of Housing & Neighborhood Services
Frank E. Baratta, Budget Team Leader
CM02-0155
DRAFT AGREEMENT
This Agreement is made and entered into this first day of August, 2002, by and between the
following parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Blue Ridge Housing Development Corporation, Inc.
510 11th Street, N.W.
Roanoke, Virginia 24017
WITNESSETH:
WHEREAS, by Resolution No. 35848-051302, the Roanoke City Council approved the FY
2002-03 Community Development Block Grant (CDBG) program and by Ordinance No.
×XXXX-061702 appropriated funds therefore; and
WHEREAS, by Resolution No. XXXXX-071502, Roanoke City Council approved the execution
of a subgrant agreement between the Grantee and the Subgrantee; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
Article 1. SCOPE OF SERVICES:
General - The project to be undertaken by the Subgrantee under this Agreement shall
be known as the "Employer Assisted Housing Program," and shall have as its purpose
the rehabilitation of housing per attached specifications of two properties, which are to
be offered for rent and/or lease purchase to eligible families.
Bo
Rehabilitation Component - It is the intent of the Grantee to transfer title to both vacant
properties in its possession to the Subgrantee. Through CDBG funding provided by the
Grantee and other funds secured by the Subgrantee, it is mutually agreed that the
Subgrantee will rehabilitate the two properties located at 719 Dale Avenue, S. E., and
1224 Rorer Avenue, S.W. Both properties shall be deemed affordable housing and
are to be rented and/or lease-purchased by "eligible families," as described in section E.
below.
Co
Property Mana.qement- Further, responsibilities of the Subgrantee under this
Agreement shall include the following:
The Subgrantee shall own and manage the properties, including rent collection
and maintenance.
Page 1 of 20
Eo
If either property is offered as a rental property, the successful, eligible family
shall pay the amount of $375 in monthly rent to the Subgrantee. The collected
$375 is to be utilized in the following manner by the Subgrantee:
Escrow $150.00
Maintenance 50.00
Management Fee 100.00
Utilities 75.00
Total $375.00
* Tenant shall be responsible for securing and paying for heat and electricity
services.
If either property is offered as a lease-purchase, the Subgrantee shall enter into a
three-year lease-purchase agreement with the tenants. The Subgrantee agrees
to provide mandatory homebuyer counseling to the tenants. The Subgrantee
shall also set up an escrow account, whereby a portion of each lease payment,
as stated under section C. above, shall be used as down payment and closing
cost assistance to the tenant (buyer). Tenants can purchase the property
anytime within the three-year lease-purchase period. If the tenant moves prior to
the end of the three-year lease-purchase period, the escrow funds will be
forfeited, unless the tenant purchases a home within the city boundaries within
the three-year lease-purchase period.
The sales price of the property will be determined jointly by the Grantee and
Subgrantee, through such means the appraised value of the property.
CDBG Funding - CDBG funding is contingent upon approval by HUD of the FY 2002-03
Annual Update to the Consolidated Plan, which provides for the Employer Assisted
Housing Program. Funding provided by the Grantee shall be in the form of an interest-
free, 10-year forgivable loan. Specifically, beginning upon completion of the
rehabilitation, one-tenth (1/10) of the loan shall be forgiven at the end of each
subsequent twelve-month period that the Subgrantee continues to conduct the activities
described herein (see Attachment A for Loan Forgiveness Schedule). In the event the
activities described herein are discontinued prior to full forgiveness of the loan, the
Subgrantee shall pay the balance remaining to the Grantee within ninety (90) calendar
days of such discontinuance.
Eligible Families - For the purposes of this Agreement, this term shall mean a family that
will use the respective home to be rented and/or lease-purchased as its principal
residence and whose income, adjusted for family size, does not exceed 80% of the area
median income established by HUD and in effect at the time the family applies to rent or
lease-purchase the property. The Subgrantee shall prepare, and retain with records of
the project, documentation of its determination of each homebuyer family's income.
Such documentation shall include the name, age, and the sources and estimated
amount of income anticipated for the succeeding twelve months for each individual
related by birth, marriage or adoption living in the same household at the time of the
determination.
Page 2 of 20
Go
Allowable Expenditures - Funds provided by the Grantee under this Agreement shall be
used by the Subgrantee for the costs associated with the rehabilitation of the affordable
housing units to be rented or lease-purchased by "eligible families," as described in
section E above. Except as indicated below, funds under this Agreement may be
expended for any necessary, reasonable and allowable CDBG costs, including, but not
necessarily limited to, construction labor and materials, including the costs of related
infrastructure, title and recording, counsel's fees, property appraisal, surveying, taxes, or
extermination and inspection.
Period of this A.qreement -- The rehabilitation part of this Agreement shall be effective
as of August 1, 2002, and, unless amended, shall end July 31, 2003. Property
management activities under this Agreement shall be effective as of August 1, 2002
and, unless amended, shall end July 31,2012.
Schedule - Contingent upon HUD approving the FY 2002-03 Annual Update to the
Consolidated Plan, the Subgrantee shall complete the rehabilitation activities indicated
by the specified dates as noted below:
August 1,2002
Bid out project.
August 15, 2002
Secure contractors.
August15,2002
Select qualifying employee(s) to lease properties.
August26,2002
Begin rehabilitation of property located at 719 Dale Avenue,
S.E.
October14,2002
Begin rehabilitation of property located at 1224 Rorer Avenue,
S.W.
November 29, 2002
Complete rehabilitation of property located at 719 Dale
Avenue, S. E.
December4,2002
Hold open house for property located at 719 Dale Avenue,
S.E.
February 28,2003
Complete rehabilitation of property located at 1224 Rorer
Avenue, S.W.
March 5, 2003
Hold open house for property located at 1224 Rorer Avenue,
S.W.
Page 3 of 20
Budget -- The amount of CDBG funds to be provided by the Grantee under this
Agreement shall be as $150,143. Of the CDBG funds provided, not more than $5,000
shall be expended for "project support costs" such as project management staffing and
related support costs (see Attachment B for estimated CDBG budget and uses of
funds). At the sole discretion of the Grantee, any funds remaining unexpended at the
end date of this Agreement may be deobligated from the Agreement and made
available for other CDBG projects, as appropriate. The commitment of funds to this
Agreement by the Grantee shall not be construed as a commitment by the Grantee to
provide further funding to this project.
Marketing - The Subgrantee agrees that marketing of the two properties shall be
restricted through December 31, 2002, and partner with the City of Roanoke to market
said properties solely to eligible Roanoke City police officers and teachers and other
eligible City employees. If said properties are still available January 1, 2003, the
Subgrantee may market the said properties to the eligible public, as well.
Article 2. REQUESTS FOR DISBURSEMENTS OF FUNDS:
Disbursement of funds under this Agreement shall not be requested until the funds are
needed for payment of eligible costs. The amount of each disbursement request must
be limited to the amount needed.
Requests for disbursement of funds shall be submitted to the Grantee's Project
Manager, if any, or Department of Management and Budget and shall include copies of
invoices or other appropriate documentation from contractors or other entities for work
performed or costs incurred. The use of standard American Institute of Architects (AIA)
forms is preferred for requesting disbursement of funds for construction costs. Upon
approval of the request by the Project Manager and/or Department of Management and
Budget, the Grantee shall disburse the funds to the Subgrantee. Approval of
disbursement requests will be subject to timely receipt of monthly Subgrantee reports
(see Article 6 below).
Co
All requests for disbursements with respect to costs incurred during the period of this
Agreement must be received by the Grantee within 30 calendar days of the ending date
of this ^greement. The Grantee shall not be bound to honor requests for
disbursements received after this 30-day period has elapsed.
Article 3. PROGRAM INCOME AND REPAYMENTS:
Payment of Proceeds from Sale - Upon the sale of a CDBG assisted property as
referenced in Article 1, Section C.2. above, gross proceeds shall be distributed as
follows: first, outstanding loans from private lending institutions shall be repaid; second,
the Subgrantee shall recover its eligible funds invested in the project. Thereafter, the
Grantee will share in any proceeds remaining. The Grantee's share will be equal to the
percentage of the total cost to develop the property which has been paid for by the
CDBG funds provided under this Agreement. Should the gross proceeds be insufficient
to allow the Subgrantee to recover its invested funds, the Grantee shall not be liable for
the insufficiency.
Page 4 of 20
Bo
Repayments - All repayments, interest, and Grantee shares of proceeds or other returns
on the investment of CDBG funds shall be submitted by the Subgrantee within 15 days
of receipt.
Article 4. ENFORCEMENT OF THE AGREEMENT:
In the event the Subgrantee materially fails to comply with any term of the agreement,
the Grantee may suspend or terminate, in whole or in part, this Agreement or take other
remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated
for convenience in accordance with 24 CFR 85.44.
Bo
In the event the Subgrantee, without prior written approval from the Grantee's
Department of Management and Budget, terminates the project prior to completing all
units for which CDBG funds have been disbursed, the Subgrantee shall be liable for
repayment of all CDBG project, administrative or operating funds disbursements,
whether or not expended.
Article 5. REVERSION OF ASSETS:
Upon expiration of this Agreement, including any amendments thereto, the Subgrantee shall
transfer to the Grantee any CDBG funds or CDBG Program Income on hand at the time of
expiration and any accounts receivable attributable to the use of CDBG funds.
Any real property under the Subgrantee's control that was acquired or improved, in whole or in
part, with CDBG funds in excess of $25,000:
Shall continue for a period of not less than five years following expiration of this
Agreement, including any amendments thereto, to be used to meet one of the CDBG
national objectives cited in 24 CFR 570.208; or
If the property is not used in accordance with 5.a. above, the Subgrantee shall pay the
Grantee an amount equal to the current market value of the property less any portion of
the value attributable to expenditures of non-CDBG funds for the improvement to the
property. The payment shall be considered Program Income to the Grantee.
Co
In the event the Subgrantee goes out of business or fails to abide by the terms of this
agreement, the said property shall revert back to the City of Roanoke with no
consideration to the Subgrantee.
Article 6. RECO, RDS AND REPORTS:
A. The following shall apply to financial and project records pertaining to this Agreement:
Records to be Maintained - At a minimum, the Subgrantee shall maintain
financial and project documents and records which comply with the requirements
of 24 CFR 570.506, and 570.507, as applicable.
Period of Records Retention - The Subgrantee shall retain financial and project
documents and records pertaining to this Agreement for a period of four (4) years
in compliance with the requirements of 24 CFR 570.502(a)(16), as applicable.
Page 5 of 20
Access to Records - The Grantee and other entities shall have access to
financial and project documents and records pertaining to this Agreement in
compliance with the applicable requirements of 24 CFR 84.53.
B. The following Subgrantee reporting requirements shall apply to this Agreement:
On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee
which summarizes progress on the project to-date. A table providing data on each
housing unit and eligible family assisted by the project shall be included with each
monthly report (see Attachment C).
2. The Subgrantee agrees to submit such other reports as may be requested by the
Grantee concerning the activities conducted under this Agreement.
Article 7. MONITORING:
The Subgrantee shall monitor progress of the project(s) covered by this Agreement, and shall
submit appropriate reports to the Grantee's Department of Management and Budget. Not less
than annually, the Grantee shall monitor the Subgrantee for records retention and compliance
with the regulations of 24 CFR Part 570, as referenced herein.
Article 8. ANNUAL AUDIT:
As an entity receiving more than $300,000 in federal funding from the Grantee, the Subgrantee
shall complete an annual independent audit of the CDBG/HOME expenditures under this
Agreement which complies with OMB Circular A-133. Within 15 days of its completion, two (2)
copies of the audit will be provided to the Grantee's Department of Management and Budget.
Article 9. OTHER PROGRAM/PROJECT REQUIREMENTS:
In addition to other requirements set forth herein, the Subgrantee shall likewise comply with
the applicable provisions of Subpart K of 24 CFR 570, in accordance with the type of project
assisted. Such other requirements include, but are not necessarily limited to, the following.
Ao
Property Standards and Lead-based Paint - Those assisted with HOME and/or CDBG
funds shall meet the Statewide Building Code. All properties assisted with CDBG funds
shall meet the lead-based paint requirements in 24 CFR 570.608, including
assessment, treatment and clearance, as applicable. In accordance with regulations,
the Subgrantee shall adhere to lead-based paint abatement practices, as applicable,
and in no case shall use lead-based paint in the construction or rehabilitation of the
properties assisted under this Agreement.
Affirmative Marketinq and Affirmatively Furtherin.q Fair Housinq - In accordance with 24
CFR 570.601 and the Grantee's Affirmative Marketing Procedures, the Subgrantee shall
provide information and otherwise attract eligible persons in the housing market area to
the available housing without regard to race, color, national origin, sex, familial status or
disability.
Page 6 of 20
Section 109 In accordance with Section 109 of the Housing and Community
Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on
grounds of race, color, religion, sex or national origin be excluded from participation in,
denied the benefits of, or subjected to discrimination under any program or activity
funded in whole or in part with funds available under this Agreement. (See also
Attachment D.)
Do
Conditions for Religious Orqanizations - The Subgrantee shall not grant or loan any
CDBG funds to primarily religious organizations for any activity including secular
activities. In addition, funds may not be used to rehabilitate or construct housing owned
by primarily religious organizations or to assist primarily religious organizations in
acquiring housing. In particular, there shall be no religious or membership criteria for
tenants or buyers of any CDBG-assisted properties.
Environmental Standards - In accordance with 24 CFR 570.604, the activities under this
Agreement are subject to environmental review requirements. Such requirements may
include, but are not necessarily limited to, historic significance, floodplain, and
hazardous sites. No CDBG funds may be expended prior to the Grantee's completion
of the environmental review and the Subgrantee's completion of any required remedial
actions.
Employment and Contracting Opportunities - In accordance with 24 CFR 570.607, the
activities under this Agreement are subject to the requirements of Executive Order
11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968.
The former prohibits discrimination on federally-assisted construction contracts and
requires contractors to take affirmative action regarding employment actions. The latter
provides that, to the greatest extent feasible and consistent with federal, state and local
laws, employment and other economic opportunities arising housing rehabilitation,
housing construction and public construction projects shall be given to Iow- and very-
Iow-income persons. (See also Attachment D.)
Go
Debarment and Suspension - In accordance with 24 CFR 24, the Subgrantee shall not
employ or otherwise engage any debarred, suspended, or ineligible contractors or
subcontractors to conduct any of the activities under this Agreement. The Subgrantee
will submit to the Grantee's Department of Management and Budget the names of all
contractors and subcontractors selected under this Agreement to determine if such
contractors or subcontractors are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in federal
transactions.
Uniform Administrative Requirements - The Subgrantee shall comply with the
requirements and standards of OMB Circular No. A-110, "Uniform Administrative
Requirements ..."; OMB Circular No. A-122, "Cost Principles for Non-Profit
Organizations"; and OMB Circular A-133, "Audits of Institutions of Higher Education and
Other Nonprofit Institutions" or the related provision specified in 24 CFR 570.502.
Page 7 of 20
Conflict of Interest - In accordance with 24 CFR 570.611, no covered individual who
exercises any functions or responsibilities with respect to the program during his tenure,
or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under this Agreement. The Subgrantee shall incorporate, or cause to
be incorporated, in any contracts or subcontracts pursuant to this Agreement a
provision prohibiting such interest pursuant to the purposes of this section.
Article 10. EMPLOYMENT DISCRIMINATION PROHIBITED:
Pursuant to §23.1-20 of the Code of the City of Roanoke (1979), as amended, this Agreement
being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the
following:
A. During the performance of this Agreement, the Subgrantee agrees as follows:
The Subgrantee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability,
or any other basis prohibited by state law relating to discrimination in
employment, except where there is a bona fide occupational qualification
reasonably necessary to the normal operation of the Subgrantee. The
Subgrantee agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
The Subgrantee, in all solicitations or advertisements for employees placed by or
on behalf of the Subgrantee, will state that such Subgrantee is an equal
opportunity employer.
Notices, advertisement and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
The Subgrantee will include the provisions of the foregoing subparagraphs a.(1)(2),and
(3) in every subagreement, subcontract or purchase order of over ten thousand dollars
($10,000), so that the provisions will be binding upon each Subgrantee, subcontractor
or vendor.
Article 11. DRUG-FREE WORKPLACE TO BE MAINTAINED:
Pursuant to §23.1-20.1 of the Code of the City of Roanoke (1979), as amended, this
Agreement being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be
subject to the following:
A. During the performance of this Agreement, the Subgrantee agrees to:
1. Provide a drug-free workplace for the Subgrantee's employees;
Page 8 of 20
Post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture,
sale, distribution, dispensation, possession, or use of a controlled substance or
marijuana is prohibited in the Subgrantee's workplace and specifying the actions
that will be taken against employees for violations of such prohibition;
State in all solicitations or advertisements for employees placed by or on behalf
of the Subgrantee that the Subgrantee maintains a drug-free workplace; and
Include the provisions of the foregoing clauses in every subagreement,
subcontract or purchase order of over ten thousand dollars ($10,000), so that the
provisions will be binding upon each Subgrantee, subcontractor or vendor.
Bo
For the purposes of this section, "drug-free workplace" means a site for the
performance of work done in connection with a specific Agreement, subagreement or
contract awarded to the Subgrantee in accordance with this chapter, the employees of
whom are prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana during the
performance of the Agreement, subagreement or contract.
Article 12. FAITH-BASED ORGANIZATIONS:
Pursuant to {}2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does
not discriminate against faith-based organizations.
Article 13. THIRD-PARTY CONTRACTS:
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
Article 14. INDEMNITY:
The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and
hold the Grantee and its officers, employees, agents, volunteers and representatives free and
harmless from any liability on account of any injury or damage of any type to any person or
property growing out of or directly or indirectly resulting from any act or omission of the
Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or
other public property; (b) the performance under this Agreement; (c) the exercise of any right
or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the
Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this
Agreement.
Page 9 of 20
In the event that any suit or proceeding shall be brought against the Grantee or any of its
officers, employees, agents, volunteers or representatives at law or in equity, either
independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice
given to it by the Grantee or any of its officers, employees, agents, volunteers or
representatives, will pay all costs of defending the Grantee or any of its officers, employees,
agents, volunteers or representatives in any such action or other proceeding. In the event of
any settlement or any final judgment being awarded against the Grantee or any of its officers,
employees, agents, volunteers or representatives, either independently or jointly with the
Subgrantee, then the Subgrantee will pay such settlement or judgment in full or will comply
with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or
any of its officers, employees, agents, volunteers or representatives harmless therefrom.
Article 15. INDEPENDENT CONTRACTOR:
Services performed under this agreement shall be performed on an independent contractor
basis and under no circumstances shall this Agreement be construed as establishing an
employee/employer relationship. The Subgrantee shall be completely responsible for its
activities in performing services hereunder.
Article 16. SUCCESSORS:
This Agreement shall be binding upon each of the parties, and their assigns, purchasers,
trustees, and successors.
Article 17. AMENDMENTS:
The Grantee may, from time to time, require changes in the obligations of the Subgrantee
hereunder, or its City Council may appropriate further funds for the implementation of this
CDBG rehabilitation project. In such event or events, such changes which are mutually agreed
upon by and between the Grantee and the Subgrantee shall be incorporated by written
amendment to this Agreement.
Article 18. GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of Virginia.
Article 19. AVAILABILITY OF FUNDS:
CDBG funding to be made available by the Grantee under this Agreement is contingent upon
necessary appropriations by the U.S. Congress. In the event that sufficient funds are not
appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole
or in part.
Page 10 of 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year heminabove written:
ATTEST:
FOR THE GRANTEE:
By By
Mary F. Parker, City Clerk
City Manager/Assistant City Manager
ATTEST:
FOR THE SUBGRANTEE:
By By
Cyndi Stultz, Secretary
Alvin Nash, Executive Director
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
Department of Management and Budget
City Attorney
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
APPROVED AS TO EXECUTION
Director of Finance
Date:
Account #: 035-G03-0320-5368 ($150,143)
City Attorney
Page 11 of 20
Attachments
Attachment A -10-Year Loan Forgiveness Schedule
Attachment B - Estimated CDBG Budget and Uses of Funds
Attachment C - Housing/Beneficiary Reporting Elements
Attachment D - Special Federal Terms and Conditions
Page 12 of 20
Attachment A
10-Year Loan Forgiveness Schedule
$150,143
Balance at End of:
....... ~ea_r_~ !.._2_0_,_1_..1_.~_
Year 3
......... Yea[4 90,~86
YearS
Year 6
Year 7 , 45,043
Year 8 30,029-
Year 1 o
Page 13 of 20
FY 2002-03 CDBG Agreement
("Employer Assisted Housing Program")
Estimated CDBG Budget and Uses of Funds
Attachment B
Project Support Costs
Architecture & Engineering
Rehab/Construction:
1224 Rorer Avenue, S. W.
719 Dale Avenue, S. E.
Taxes
Maintenance
Utilities
Construction Management
Other Miscellaneous Expenses
Total
$5,000
3,000
70,000
55,000
5OO
65O
45O
10,500
5,043
$150,143
(approximate)
(approximate)
Page 14 of 20
Attachment C
Housing/Beneficiary Reporting Elements
On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee
summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee
shall submit data in a table or spreadsheet format that is needed in order that the Grantee may
complete its required reports to the U.S. Department of Housing and Urban Development.
The data provided by the Subgrantee shall include:
Property address
Numberof bedrooms
Status (pending, under construction, completed or sold)
v' Estimated total hard and soft costs to produce the unit
CDBG funds committed to property
v' Prime Contractor Name
Federal I.D. Number (or Owner Social Security Number)
,,' Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Prime
v' Subcontractor Name (Provide separate data for each subcontractor)
,,' Federal I.D. Number (or Owner Social Security Number)
Whether Minority-Owned, Women-Owned or Both
CDBG funds committed to Subcontractor
Name of Homebuyer
Total Family Income (projected for 12 months following determination)
Number in family
v' Ethnic Group: White, Black (non-Hispanic), Hispanic, Asian/Pacific Islander, American
Indian/Alaskan Native, or Other
Whether family is headed by a single female
Whether head of household is disabled
Unit Sale Data
Sales Price of Unit (excluding settlement charges)
Closing Date
Page 15 of 20
Attachment D
U.S. Department of Housing and Urban Development
Community Development Block Grant Program
Special Terms and Conditions
(Agreements $10,000 or Over)
"Section 3" Compliance -- Provision of Training, Employment and Business
Opportunities:
The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
170. Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the project area and
contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in
the area of the project.
Bo
The parties to this contract will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract. The parties
to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
The Subgrantee will send to each labor organization or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or workers'
representative of his commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment or training.
The Subgrantee will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the contractor is in violation of regulations issued
by the Secretary of Housing and Urban Development 24 CFR Part 135. The
Subgrantee will not subcontract with any contractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR
part 135 and will not let any subcontract unless the contractor has first provided it
with a preliminary statement of ability to comply with the requirements of these
regulations.
Page 16 of 20
Eo
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of the Department issued hereunder
prior to the execution of the contract, shall be a condition of the federal financial
assistance provided to the project, binding upon the applicant or recipient for
such assistance, its successor and assigns. Failure to fulfill these requirements
shall subject the applicant or recipient, its Subgrantees and contractors, its
successors and assigns to those sanctions specified by the grant or loan
agreement or contract through which Federal assistance is provided, and to such
sanctions as are specified by 24 CFR Part 135.
o
Equal Employment Opportunity: Contracts subiect to Executive Order 11246, as
amended: Such contracts shall be subject to HUD Equal Employment Opportunity
regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof as defined in said regulations, which
is paid for in whole or in part with assistance provided under this Agreement, the following
equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as
follows:
The Subgrantee will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. The Subgrantee will take
affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Subgrantee agrees to post in conspicuous places
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
Bo
The Subgrantee will, in all solicitations or advertisements for employees placed by or on
behalf of the Subgrantee, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
Co
The Subgrantee will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided by the Contract Compliance Officer advising the said labor union or
workers' representatives of the Subgrantee's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and applicants
for employment.
The Subgrantee will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
Page 17 of 20
The Subgrantee will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records and accounts
by the Department and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part, and the Subgrantee may be
declared ineligible for further Government contracts or Federally-assisted construction
contract procedures authorized in Executive Order 11246 of September 24, 1965, or by
rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
The Subgrantee will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or
purchase order unless exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon each contractor or vendor. The Subgrantee
will take such action with respect to any subcontract or purchase order as the
Department may direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event a Subgrantee becomes involved in
or is threatened with litigation with a contractor or vendor as a result of such direction by
the Department, the Subgrantee may request the United States to enter into such
litigation to protect the interest of the United States."
The Subgrantee further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in Federally-assisted construction
work; provided, that if the Subgrantee so participating is a State or local government, the
above equal opportunity clause is not applicable to any agency, instrumentality or subdivision
of such government which does not participate in work on or under the contract. The
Subgrantee agrees that it will assist and cooperate actively with the Department and the
Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal
opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor;
that it will furnish the Department and the Secretary of Labor such compliance; and that it will
otherwise assist the Department in the discharge of its primary responsibility for securing
compliance.
The Subgrantee further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee
debarred from, or who has not demonstrated eligibility for Government contracts and
Federally-assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be imposed
upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to
Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or
refuses to comply with these undertakings, the Department may take any or all of the following
actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain
from extending any further assistance to the Subgrantee under the Program with respect to
which the failure or refusal occurred until satisfactory assurance of future compliance has been
received from such Subgrantee; and refer the cause to the Department of Justice for
appropriate legal proceedings.
Page 18 of 20
o
Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is
subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and
HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In
the sale, lease or other transfer of land acquired, cleared or improved with assistance
provided under this Agreement, the Subgrantee shall cause or require a covenant
running with the land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis or race, color, religion, sex or national origin, in the sale,
lease or rental, or in the use of occupancy of such land or any improvements erected or
to be erected thereon, and providing that the Subgrantee and the United States are
beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking
its obligation in carrying out the program assisted hereunder, agrees to take such
measures as are necessary to enforce such covenant and will not itself so discriminate.
Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued pursuant to
compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the
Americans with Disabilities Act, which prohibit discrimination against the disabled in any
federal assisted program.
Obligations of Subgrantee with Respect to Certain Third-party Relationships: The
Subgrantee shall remain fully obligated under the provisions of the Agreement,
notwithstanding its designation of any third party or parties for the undertaking of all or
any part of the program with respect to which assistance is being provided under this
Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply
with all lawful requirements of the Applicant necessary to insure that the program, with
respect to which assistance is being provided under this Agreement to the Subgrantee
is carried out in accordance with the Applicant's Assurances and certifications, including
those with respect to the assumption of environmental responsibilities of the Applicant
under Section 104(h) of the Housing and Community Development Act of 1974.
Interest of Certain Federal Officials: No member of or delegate to the Congress of the
United States, and no Resident Commissioner, shall be admitted to any share or part of
this Agreement or to any benefit to arise from the same.
Prohibition Aqainst Payments of Bonus or Commission: The assistance provided under
this Agreement shall not be used in the payment of any bonus or commission for the
purpose of obtaining HUD approval of the application for such assistance, or HUD
approval or applications for additional assistance, or any other approval or concurrence
of HUD required under this Agreement, Title I of the Housing and Community
Development Act of 1974, or HUD regulations with respect thereto; provided, however,
that reasonable fees or bona fide technical, consultant, managerial or other such
services, other than actual solicitation, are not hereby prohibited if otherwise eligible as
program costs.
Page 19 of 20
"Section 109": This Agreement is subject to the requirements of Section 109 of the
Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in
the United States shall on the ground of race, color, religion, sex or national origin be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds
available under this title.
Access to Records and Site of Employment: This agreement is subject to the
requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964,
as amended. Access shall be permitted during normal business hours to the premises
for the purpose of conducting on-site compliance reviews and inspecting and copying
such books, records, accounts, and other material as may be relevant tot he matter
under investigation and pertinent to compliance with the Order, and the rules and
regulations promulgated pursuant thereto by the Subgrantee. Information obtained in
this manner shall be used only in connection with the administration of the Order, the
administration of the Civil Rights At of 1964 (as amended) and in furtherance of the
purpose of the Order and that Act.
10.
Le.qal Remedies for Contract Violation: If the Subgrantee materially fails to comply with
any term of this Agreement, whether stated in a Federal statute or regulation, an
assurance, in a State plan or application, a notice of award, or elsewhere, the City may
take one or more of the following action, as appropriate in the circumstances:
Bo
Temporarily withhold cash payments pending correction of the deficiency by the
Subgrantee,
Disallow all or part of the cost of the activity or action not in compliance,
Wholly or partly suspend or terminate the current Agreement, or
Take other remedies that may be legally available.
Page 20 of 20
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey property located at 1224 Rorer Avenue, S.W., and
719 Dale Avenue S.E., to Blue Ridge Housing Development Corporation in connection with the
establishment of a housing assistance program for city employees.
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 Monday, July 15, 2002, commencing
at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, 24011. Further information 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.
If you are a person with a disability who needs accommodations for this heating, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, July 11, 2002.
GIVEN under my hand this 2nd day of July ,2002.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday, July 7, 2002.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
H 5Iqotiees~'orerdaleprope~ieS.wlxt
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
01939201 Blue Ridge Dev.
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 su~scribej~before me this ~q~ day
of July 20~ iq, W~s~~ ~-~ ,~ hand and official
seal. .~_~_~/~:~~ , Notary Public
My commission expires ~ ~%~
PUBLISHED ON: 07/07
TOTAL COST: 132.84
FILED ON: 07/08/02
Authorized--~~~ ~ ~ .
Si gna t ur e~_~__~~/~_
Billing
11,,e ~ of Roanoke ixoPoeee
to convey propmty Io~ted at
1224 Rorer Av~lUe, S.W., and
719 Dale Avenue S.E., t~ Blue
RId~ Housing Development
the e~tabll~ment of a hou~n~
assistance pro.am for city
of §15.2-/800(B} and /8/3,
Code of ~ri~nm (~950),
amended, notlc~ Is hereby
p,m,, In the ~
I1~1 ~ 35,~ ¢hua3h M~-
City Clerk for the City of
Roaao~ at (540)
matl:e~.
If you am a perion with a dis-
ability who need~ accommoda-
contact tim (~ Cle~'$
at (540) 853-2541, before
11, 2002.
GIVEN undM my hand t~s 2nd
Mmy F. Pmlmr, City Cle~.
(~9~920~)
Services Representative