HomeMy WebLinkAboutCouncil Actions 08-19-02 DOWE
36018-081902
ROANOKE CITY CO UNCIL
REGULAR SESSION
AUGUST 19, 2OO2
2:00P. M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call.
The Invocation was delivered by The Reverend Seymore G. Cole,
Pastor, Melrose Avenue Seventh Day Adventist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Sm/th.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, August 22, 2002,
at 7:00 p.m., and Saturday, August 24, 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. PRESENTATIONS AND ACKNOWLEDGMENTS:
A RESOLUTION memorializing the late James Edward Taliaferro, Sr., former
Mayor of the City of Salem, who passed away on August 3, 2002.
Adopted Resolution No. 36018-081902. (7-0.)
File//367
A RESOLUTION memorializing the late Alfred N. (Hoot) Gibson, former City
Auditor, who passed away on Thursday, August 1, 2002.
Adopted Resolution No. 36019-081902. (7-0.)
File/t367
Proclamation declaring Friday, August 30, 2002, as Hokie Pride Day.
File//80-467
Presentation by Virginia Amateur Sports, Inc., with regard
Commonwealth Games of Virginia. Pete Lampman, President.
File/t334-388
to the 2002
e
CONSENT AGENDA
C-1
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Minutes of the Organizational Meeting and the Regular Meeting of the
Council of the City of Roanoke held on Monday, July 1, 2002.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve the minutes as recorded.
3
C-2 Minutes of the Audit Committee meeting held on Monday, August 5,
2002.
RECOMMENDED ACTION: Receive and file.
File #110-300
C-3
Annual report of the Audit Committee for the period ended June 30,
2002.
RECOMMENDED ACTION: Receive and file.
File #109-110-300
C-4 Annual report of the Municipal Auditor for the period ended June 30,
2002.
RECOMMENDED ACTION: Receive and file.
File #109-280
C-5
Qualification of Diana B. Sheppard as a Member of the Board of Zoning
Appeals for a term ending December 31, 2005.
RECOMMENDED ACTION: Receive and file.
File #15-51-110
REGULAR AGENDA
Appointment of F. B.' Webster Day as a Trustee to the Roanoke City
School Board to fill the unexpired term of Sherman P. Lea, resigned,
ending June 30, 2003.
File #110-467
4. PUBLIC HEARINGS: NONE.
4
PETITIONS AND COMMUNICATIONS:
A communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, with regard to a briefing on the Cost
Collection Department for fiscal year 2001-02.
Received and filed.
File #60-133
bo
A communication from the Honorable Donald M. Caldwell,
Commonwealth's Attorney, in connection with a Victim/Wimess
Assistance Grant; and a communication from the City Manager
concurring in the recommendation.
Adopted Budget Ordinance No. 36020-081902 and Resolution No.
36021-081902. (7-0.)
File #60-133-236-502
Co
A communication from the Honorable Donald M. Caldwell,
Commonwealth's Attorney, in connection with a Drug Prosecutor grant;
and a communication from the City Manager concurring in the
recommendation.
Adopted Budget Ordinance No. 36022-081902 and Resolution No.
36023-081902. (7-0.)
File #76-60-133-236
A communication from the Honorable Donald M. Caldwell,
Commonwealth's Attorney, in connection with Asset Forfeiture; and a
communication from the City Manager concurring in the
recommendation.
Adopted Budget Ordinance No. 36024-081902. (7-0.)
File #60-133
eo
A communication from F. B. Webster Day, Attorney, representing the
Industrial Development Authority of Botetourt County, requesting
adoption of a measure approving issuance of bonds by the Industrial
Development Authority of Botetourt County, Virginia, for the benefit of
the Roanoke Valley Society for the Prevention of Cruelty to Animals,
Inc., and Animal Care Services, Inc., in the amount of $3.6 million to
assist in financing of a regional animal pound facility.
Adopted Resolution No. 36025-081902. (7-0.)
File #53-54
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
Briefing with regard to PC Navigators. (15 minutes)
Received and filed.
File #323
ITEMS RECOMMENDED FOR ACTION:
A communication with regard to contract award to KCI
Technologies, Inc., for project administration/inspection services
and limited project management services for Roanoke Civic
Center expansion and renovation, Phases I and II.
Adopted Resolution No. 36026-081902. (7-0.)
File #192
6
A communication recommending acceptance of the bid of
Aaron J. Conner, General Contractor, Inc., in the amount of
$186,860.00, for Airport Road Storm Drain Extension; and
appropriation of funds.
Adopted Budget Ordinance No. 36027-081902 and Ordinance
No. 36028-081902. (7-0.)
File #9-27-60
A communication recommending acceptance of the bid of
Verizon Select Services, Inc., in the amount of $1,258,004.00, for
telephone system solutions to replace the current City centrex
service.
Adopted Budget Ordinance No. 36029-081902 and Ordinance
No. 36030-081902. (7-0.)
Council Member Bestpitch suggested that the issue of cost
savings relative to telephone systems be discussed at a joint
meeting of Council and the School Board on Monday,
September 16, 2002 at 5:00 p.m.
File #60-291-383-467
o
A communication in connection with funding for the Fifth
District Employment and Training Consortium, Economic and
Employment Improvement Program for Disadvantaged Persons;
and appropriation of funds.
Adopted Budget Ordinance No. 36031-081902. (7-0.)
File #60-246
o
A communication recommending that the City Manager be
authorized to enter into a contract with U. S. Cellular for use of
"HELP" and "CALL" program cell phones and service, for a
period of one year.
Adopted Resolution No. 36032-081902. (7-0.)
File #291-383
o
A communication with regard to the Federally Forfeited Property
Sharing Program and appropriation of funds.
Adopted Budget Ordinance No. 36033-081902. (7-0.)
File #5-60
A communication in connection with funding for emergency
water purchases, drought management and infrastructure
improvements; and appropriation of funds.
Adopted Budget Ordinance No. 36034-081902. (7-0.)
File #60-468
A communication with regard to wet weather improvements at the
Water Pollution Control Plant.
Adopted Budget Ordinance No. 36035-081902 and Resolution
Nos. 36036-081902 and 36037-081902. (7-0.)
File #60-468
b. CITY ATTORNEY:
1. A report with regard to delinquent real estate taxes.
Adopted Ordinance No. 36038-081902. (7-0.)
File #79-140
7. REPORTS OF COMMITTEES:
ao
A report from the Roanoke City School Board requesting appropriation
of $125,000.00 for the Title I Even Start Family Literacy Grant; and a
report of the Director of Finance recommending that Council concur in
the request.
Adopted Budget Ordinance No. 36039-081902. (7-0.)
File #60-236-467
Council Members Wyatt and Dowe requested that the City Manager
discuss further training for participants of the program with the
School Superintendent, leading to entry into the job market.
File #236-467
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
ao
A Resolution canceling the work session meeting of City Council
scheduled to be held at 12:15 p.m., on September 30, 2002, and
changing the date of the regular meeting of City Council scheduled to
be held at 12:15 p.m. and 2:00 p.m., on Tuesday, October 1, 2002, to
12:15 p.m. and 2:00 p.m., on Thursday, October 3, 2002.
Adopted Resolution No. 36040-081902. (7-0.)
File #110-132
10. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Wyatt called attention to a telephone call from a
business owner on Trinkle Avenue, N. E., commending the City of
Roanoke on measures which have been implemented to address
cruising on Williamson Road.
File #5-20
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
9
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.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern with
regard to mosquitos and the West Nile virus that has been reported in a
number of dead birds in the Roanoke area. She also expressed specific
concern for residents of Lincoln Terrace who do not have screen doors on
their housing units.
File #22-178
Ms. Helen E. Davis, 35 Patton Avenue, N. E., requested that Council
review the plan to close fire stations in the predominantly black
community, which could have serious implications for those
neighborhoods. She spoke in support of City employees who work
diligently for the citizens of the City of Roanoke.
File #70-184
12. CITY MANAGER COMMENTS:
The City Manager advised that Dr. Molly L. O'Dell, Director, Health
Department, has maintained contact with the City with regard to the West
Nile virus, and certain preventative measures that can be taken by citizens
to protect themselves.
File #22
The City Manager advised that the revenue shortfall at the State level is
more than was projected, exceeding $1.4 billion. She stated that further
reductions at the State level will occur, some of which will have a ripple
effect on localities.
File #60
10
The City Manager pointed out that the Governor's Office may intervene
in the Commonwealth of Virginia's situation as it relates to drought
conditions throughout the State.
File #468
The City Manager advised of increased signage and shuttle buses that will
be available on Tuesday, August 20, 2002, and Friday, September 6, 2002,
to address large volumes of traffic in connection with concerts at the
Roanoke Civic Center, which measures are intended to better serve
patrons of the two events.
File #192-514
AT 3:35 P.M., THE COUNCIL MEETING WAS DECLARED IN
RECESS UNTIL 5:00 P.M., FOR A JOINT MEETING OF COUNCIL
AND THE CITY PLANNING COMMISSION, ROOM 159.
11
CITY CO UNCIL/CITY PLANNING COMMISSION
JOINT MEE TING
5:00P. M.
EMERGENCY OPERA TIONS CENTER
CONFERENCE ROOM
Call to Order.
AGENDA
Roll Call by the City Planning Commission.
Welcome. Mayor Smith.
Invocation/Dinner.
o
Ge
o
The Comprehensive Plan as the City of Roanoke's "Guiding Light".
(20 minutes)
Undergrounding of utilities as a part of major street rebuilding projects.
(10 minutes)
Development/Update of the Greenway/Pedestrian Plan for the City of
Roanoke. (10 minutes)
12
ge
10.
11.
Review of the currently proposed flood reduction project for the Roanoke
River and ensuring consistency with the environmental and aesthetic policies
contained in the Comprehensive Plan. (10 minutes)
Discussion with regard to Street/Alley Closure Process and Policy.
(15 minutes)
City Planning ~Commission coordination with City Council appointed/initiated
special study commissions or ad hoc task forces and committees. (10 minutes)
Other Business.
AT 6:40 P.M., THE CITY COUNCIL MEETING WAS DECLARED IN
RECESS 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.
13
ROANOKE CITY CO UNCIL
REGULAR SESSION
AUGUST 19, 2OO2
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call.
(Council Member Bestpitch arrived
late.)
The Invocation was delivered by Mayor Ralph K. Smith.
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, August 22, 2002, at 7:00 p.m., and Saturday, August 24, 2002, at
4:00 p.m. Council meetings are now being offered with closed captioning for
the hearing impaired.
14
A. PUBLIC HEARINGS:
Public hearing to receive the views of citizens regarding appointment of
a School Board Trustee to fill the unexpired term of William E. Skeen,
resigned, ending June 30, 2005. Applicants are:
Edna Crabbere
David M. Dabay
John W. Elliott, Jr.
Lewis P. Grogan
William H. Lindsey
Michael W. Ridenhour
No speakers.
File #110-467
Public hearing on the request of Valley Pine Mortgage, Inc., that a tract
of land described as a 0.010 acre portion of Lot 1, Block 7,
Mountainview, Official Tax No. 1221013; and a 0.204 acre portion of
Lots 11 and 12, Block 7, Mountainview, Official Tax No. 1221014,
located on Virginia Avenue, S. W., be rezoned from RM-2, Residential
Multifamily, Medium Density District, to LM, Light Manufacturing
District. Stephen W. Lemon, Attorney.
Adopted Ordinance No. 36041-081902. (6-0, Council Member
Bestpitch had not arrived when the role was recorded.)
File #51
o
Public hearing on the request of Valley Pine Mortgage, Inc., that a
portion of Virginia Avenue, S. W., from 13th Street, to Spottswood
Avenue, S. W.; an alley lying between parcels bearing Official Tax Nos.
1221013 and 1221014; and an alley lying between parcels bearing
Official Tax Nos. 1221203 and 1221207, be permanently abandoned,
vacated, discontinued and closed, to the extent that the City of Roanoke
has any legal interest in said public fight-of-way. Stephen W. Lemon,
Attorney.
Adopted Ordinance No. 36042-081902. (7-0.)
File #514
15
o
Public hearing with regard to rezoning a tract of land containing 1.34
acre, consisting of five tracts of land described as Official Tax No.
1113305, 505 Sixth Street, S. W., Official Tax No. 1113501, 0 Luck
Avenue, S. W., Official Tax No. 1113502, 0 Luck Avenue, S. W.,
Official Tax No. 1113312, 0 Marshall Avenue, S. W., and a portion of
Official Tax No. 1113313, 0 Marshall Avenue, S. W., from LM, Light
Manufacturing District, and C-l, Office District, to C-3, Central
Business District. Worth H. Boone, Jr., Spokesperson.
Adopted Ordinance No. 36043-081902. (7-0.)
File//51
o
Public hearing on the request ofCesar Dominguez to repeal and replace
proferred conditions relating to property located at 325 Jefferson Street,
N. E., Official Tax No. 3012801. Cesar Dominguez, Spokesperson.
Adopted Ordinance No. 36044-081902. (7-0.)
File #51
o
Public hearing 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., Official Tax Nos. 1290211 and 1290212, be rezoned from
RS-3, Residential Single Family District, to C-1, Office District, subject
to certain conditions. Daniel F. Layman, Jr., Attorney. ,
Adopted Ordinance No. 36045-081902. (7-0.)
File #51
o
Public hearing on the request of Franklin Road, L.L.C., that a 0.717 acre
portion, more or less, of excess right-of-way of Franklin Road that
adjoins Official Tax No. 1300101, be permanently abandoned, vacated,
discontinued and closed, to the extent that the City of Roanoke has any
legal interest in said public right-of-way. Steven S. Strauss, Manager,
Structures Design/Build, L.L.C., Spokesperson.
Denied.
File #514
16
o
Public hearing with regard to consideration by the City of Roanoke of
awarding a Lease and/or Agreement between the City of Roanoke and
Warehouse Row, L.P., to provide that Warehouse Row will lease,
renovate and equip City-owned buildings located at 117 and 119
Norfolk Avenue, S. W., for a lease term up to 40 years, upon certain
terms and conditions; and to consider the possible lease of all or part of
City-owned property located at 117-123 Salem Avenue, S. W., Official
Tax Nos. 1010409 - 1010411, inclusive, to Warehouse Row for use as
parking spaces in connection with the abovementioned lease of
buildings, the initial term of lease of such property for parking spaces
will be for a period of up to five years. Darlene L. Burcham, City
Manager; and William M. Hackworth, City Attorney, Spokespersons.
Adopted Ordinance No. 36046-081902. (7-0.)
File #166-207-373-553
Public hearing on a proposal of the City of Roanoke to vacate a portion
of a sanitary sewer easement located on Gum Spring Street, S. E., that
is encroaching on property identified as Official Tax No. 4200901.
Darlene L. Burcham, City Manager, Spokesperson.
Adopted Ordinance No. 36047-081902. (7-0.)
File #27-166
10.
Public hearing on a proposal of the City of Roanoke to lease a portion
of the City owned Washington Heights Water Tank site, located in the
4100 block of Wyoming Avenue, to Cellco Partnership, a Delaware
general partnership, d/b/a Verizon Wireless, for the purpose of installing
antennas and related equipment thereon to provide radio and wireless
telecommunications services. Darlene L. Burcham, City Manager,
Spokesperson.
Adopted Ordinance No. 36048-081902. (7-0.)
File #166-383-468
17
11.
Public hearing on a proposal of the City of Roanoke to vacate an
existing water line easement located on privately owned property in
exchange for a relocated easement to be dedicated to the City of
Roanoke; and thereafter, the City of Roanoke proposes to quitclaim a
portion of the new easement to the Virginia Department of
Transportation, in connection with development of Kingston Estates, a
new subdivision located in Roanoke County. Darlene L. Burcham, City
Manager, Spokesperson.
The public hearing was continued indefinitely.
File #28-468
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.
Mr. Robert D. Gravely, 617 Hanover Avenue, N. W., advised that Carilion
Health System has a monopoly in the City of Roanoke. He addressed the
matter of low wages for City employees, fair and equal treatment of City
employees on a daily basis and in promotions, the City does not have a
large enough work force to maintain the City's cleanliness, young people
are moving out of the City because of the way they are treated; and more
police officers are needed to address crime.
File #5-66-184-221-304
18
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
August 21,2002
File #367
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mrs. James E. Taliaferro
319 Hawthorn Road
Salem, Virginia 24153
Dear Mrs. Taliaferro:
I am enclosing copy of Resolution No. 36018-081902 memorializing your late husband,
The Honorable James E. Taliaferro, Sr. The Mayor, Members of City Council and citizens
of the City of Roanoke send their deepest condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August 2002.
!:No. 36018-081902.
A RESOLUTION memorializing the late James Edward Taliaferro, Sr., a former mayor of
the City of Salem.
WHEREAS, the members of Council learned with sorrow of the passing of Mr. Taliaferro
on Saturday, August 3, 2002; and
WHEREAS, after attending Andrew Lewis High School, Mr. Taliaferro served in the 101st
Airborne as a paratrooper for three years;
WHEREAS, Mr. Taliaferro worked for the Norfolk and Western Railroad, and then
became a salesman for the Shelton-Witt Equipment Company;
WHEREAS, Mr. Taliaferro entered the construction business and formed Salem
Contracting, Inc., in 1965, and operated the company continuously until his death;
WHEREAS, Mr. Taliaferro entered politics in 1972 by successfully winning election to
Salem City Council, and, after two years, was named Mayor--a position he held until 1996, the
year of his retirement; and
WHEREAS, while serving as Mayor of Salem, Mr. Taliaferro played a key role in
forming the City's school system, and its sports programs and facilities.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this resolution as a means of recording its deepest regret and
sorrow at the passing of James Edward Taliaferro, Sr., and extends to his family its sincerest
condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Taliaferro's widow, Rixine Taliaferro, of Salem, Virginia.
ATTEST:
City 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: clerk@ci.manoke.va.us
August 21,2002
File #367
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. William Gibson
Mr. David Gibson
Ms. Ann Gibson Reiser
6015 Boulder Lake Court
Kingwood, Texas 77345
Dear Ms. Reiser and Gentlemen:
I am enclosing copies of Resolution No. 36019-081902 memorializing your late father,
Alfred N. (Hoot) Gibson. The Mayor, Members of City Council and citizens of the City of
Roanoke send their deepest condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36019-081902.
A RESOLUTION memorializing the late Alfred N. "Hoot" Gibson, a native of Roanoke
and former City Auditor and Director of Finance for the City of Roanoke.
WHEREAS, the members of City Council learned with sorrow of the passing of Mr.
Gibson on Thursday, August 1, 2002;
WHEREAS, Mr. Gibson graduated from Jefferson High School and served in the
Marines in World War II; and
WHEREAS, after graduation from National Business College, Mr. Gibson began
working for the City in 1947 as a bookkeeper in the City Auditor's Office; and
WHEREAS, Mr. Gibson was promoted within the department several times, becoming
City Auditor in 1972, and finally became Director of Finance in 1974; and
WHEREAS, Mr. Gibson was a member of the Elks, Moose, Masons and Shriners
organizations and also prepared tax returns for low-income families for free.
WHEREAS, after faithfully serving the City for 29 years, Mr. Gibson resigned his
position in 1976 to become the Executive Secretary of the Employee Pension Plan System in
Norfolk, Virginia; and
WHEREAS, Mr. Gibson retired to Tampa, Florida in 1990, where he lived until moving
to Texas in 1998 to live with relatives.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this resolution as a means of recording its deepest regret and
sorrow at the passing of Alfred N. "Hoot" Gibson, and extends to his family its sincerest
condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Gibson's sons, William Gibson of Sunset Beach, North Carolina, and David Gibson of Seal
Beach, California, and his daughter Ann Gibson Reiser, of Kingwood, Texas.
ATTEST:
City Clerk
Office of the Mayor
CITY OF ROANOKE
o tam ion
WHEREAS, the `Roanoke Valley has had a long and mutually beneficial
relationship with Virginia Tech and its alumni and supporters, and
the `Roanoke Valley is home to many thousands of Virginia Tech
alumni and.friends; and
WHEREAS, Virginia Tech has brought positive attention to Southwest Virginia in
academics, research and athletics, and the City of Roanoke takes
great pride in the accomplishments of the University; and
WHEREAS, the Virginia Tech HoMe Club and the Virginia Tech `Alumni
`Association are local chapters of the national organizations based in
Blacksburg, Virginia, which were formed to provide alumni and
friends of the University with organizations through which they can
support athletic and academic endeavors of Virginia Tech; and
WHEREAS, the Virginia Tech HoMe Club and the Virginia Tech `Alumni
`Association are promoting Friday, `August 30, 2002, as the third
annual "HoMe Pride Day", in order to allow supporters to
demonstrate their HoMe pride by wearing HoMe colors, displaying
flags, stickers, and messages of support, and by providing various
business promotional incentives.
NOW, THEREFORE, 1, `Ralph K. Smith, Mayor of the City of,Roanoke, Virginia,
do herebyproclaim Friday, ,August 30, 2002, throughout this great ,All-,America City,
as
HOKIE PRIDE DA Y.
ATTEST:
Mary F. Parker
City Clerk
Given under our hands and the Seal of the City of`Roanoke this nineteenth day of
Augustintheyeartwothousandandtwo. ~~
Mayor
VIRGINIA AMATEUR SPORTS, INC.
711 C 5th Street, NE
Roanoke, Virginia 24016
(540) 343-0987
FAX (540) 343-7407
www.commonwealthgames.org
PRESENTING
SPONSORS
Virginia's 13 ABC
PREMIER
SPONSORS
Clear Channel Communications, Inc.
High Peak Sportswear
Lewis Gale Clinic
Valleydale Foods
SUPPORTING
SPONSORS
Valley View Mall
Vistar Eye Center
GOLD MEDAL
SPONSORS
Adelphia Business Solutions
Coca Cola
Holiday Inn - Tanglewood
SILVER MEDAL
SPONSORS
BB&T
Blue Ridge Copier
First Team Auto Mall
Lanford Brothers
BRONZE MEDAL
SPONSORS
Advance Auto Parts
AEP
Carillon Health Systems
Delta Dental Plan of VA
Mountain Springs Water
Play It Again Sports
Roanoke Fruit & Produce
Waldvogel, Poe & Cronk
PATRON
SPONSORS
Member One
NBC Bank
Sir Speedy
Voice Tel
August 12, 2002
Ms. Mary Parker
City Clerk
215 Church Ave.
Roanoke, VA 24011
Dear Ms. Parker,
Virginia Amateur Sports would like to have the opportunity to say thank
you to the City of Roanoke for their outstanding support of the 2002
Commonwealth Games o£Virginia at the city council meeting scheduled
for Monday, August 19, 2002 at 2:00 pm.
My presentation will take approximately 5-10 minutes. I would also like
to present a plaque to the mayor and city council members.
Please accept my thank you in advance for giving me this opportunity to
say thank you.
Sincerely,
Peter Lampman
President
Sponsor of
Promoting Sports In The Olympic Ideal
Sanctioned by the National Congress of State Games and recognized by the United States Olympic Committee
~ Recycled Paper
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
C-1
July 1, 2002
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday, July 1,
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, Regular Meetin~ls,
Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris and Mayor Ralph K. Smith---6.
ABSENT: Council Member Linda F. Wyatt .................................................. 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.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council meet in Closed Session 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, was before the
body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting to discuss personnel matters relating 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. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
At 12:20 p.m., the Mayor declared the meeting in recess to be reconvened in
the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, for a briefing on
water issues.
At 12:25 p.m., the Council meeting reconvened in Room 159, with Mayor Smith
presiding, and all Members of the Council in attendance, with the exception of
Council Member Wyatt.
WATER RESOURCES: The City Manager introduced a briefing on water
issues. She advised that in January 2002, when Council received a major update on
the water situation, several Members of Council requested specific information, and
City staff was instructed to report back to Council after the staffs of Roanoke City
and Roanoke County had met to discuss valley-wide water issues. She noted that
Council and staff have worked diligently on behalf of all residents of the City of
Roanoke through meetings of the Mayor, the City Manager and Chief of Utilities and
their Roanoke County counterparts; the relationship and spirit of cooperation
between the City and the County is at its best, particularly as it relates to the two
utility systems; and regional cooperation with regard to the two water systems has
existed for a number of years.
Michael McEvoy, Director, Department of Utilities, advised that the City is
currently on phase four of the water conservation measures plan which requires
residential customers to refrain from outside irrigation, the climate forecast for the
next six months, according to the United States Weather Service, is average
conditions with no indication if there is to be a significantly dryer or wetter period;
and Roanoke City is currently purchasing water from the City of Salem, averaging
1.1 million gallons per day, purchasing approximately four million gallons of water
from Roanoke County, and the City continues to engage in the traded water concept.
He explained that costs average approximately $310,000.00 per day, and
commencing today a surcharge will be instituted on water bills of City customers
that will generate approximately $65,000.00 per month. He stated that other area
jurisdictions on water restrictions are Greensboro, Richmond, James City County,
Henry County and state wide water restrictions are in effect in Maryland.
He advised that the Crystal Springs Filter Plant is six weeks ahead of
schedule; an ultra violet treatment system was approved by the Health Department
for Crystal Springs; however, the Environmental Protection Agency intervened and
advised of concerns in regard to regulatory issues in Virginia in granting a waiver
to filtration, and opposed the ultra violet treatment method. He explained that the
City did not continue to pursue ultra violet treatment; however, another temporary
filtration option was explored using a disposable filter system which is designed for
temporary service and is a new system that has been tested in the State of Texas.
He stated that the temporary filtration option has been approved by the Health
Department and can be operational by August 1, 2002, at a cost of $350,000.00 for
a three month lease, which will add three million gallons of additional water per day
to the City's water system through the Crystal Springs Filtration site.
The City Manager advised that at the 2:00 p.m. session, Council will be
requested to adopt an ordinance authorizing transfer of funds which were
previously approved for the ultra violet treatment option to be used for the lease of
the temporary filtration system at the Crystal Springs site.
There was discussion in regard to the City's water rate and quality of life
issues in which the City Manager pointed out that while it is true that the City of
Roanoke has the lowest water rate in the Roanoke Valley in terms of water and
sewage treatment, the City also has the largest customer base, therefore, demand
on the City's water system is greater than in neighboring jurisdictions. She advised
that quality of life is clearly important and there has been unparalleled support by
the citizens of Roanoke to conserve water.
Mr. McEvoy advised that other projects include the Muse Spring well, offering
one million gallons per day, which will be operational by August 10; Crystal Springs
area wells which are intended to increase capacity at the Crystal Springs Filtration
Plant; and two new locations have been made available for citizens to obtain non-
potable water for irrigation purposes. He noted that from the Muse Spring and
Crystal Springs area wells, it is anticipated to generate two million gallons of
additional water by October 1 that is not currently available.
He advised that Black and Veach Engineers was selected by the Long Range
Water Supply Study Committee to review existing water sources and demands for
projecting future water needs, as well as the feasibility and development of area
sources; i.e.: James River, New River, Smith Mountain Lake, groundwater and
reservoir optimization. He explained that consideration of a regional authority was
eliminated from the scope of the contract because only Roanoke City and Roanoke
County are interested in pursuing a regional authority. He stated that the City of
Salem, Town of Vinton, Botetourt County, Bedford County, Roanoke County and
Roanoke City are participants in the Long Range Water Supply Study Committee.
Mr. McEvoy advised that in connection with a regional water authority, current
City needs are drought protection/infrastructure, current County needs are rate
relief/infrastructure expenses, and significant differences include rates, level of debt
and condition of assets. He stated that both the City and the County systems bring
in about $10 million in revenue from the two systems, approximately one-half of the
County's revenue goes to debt payment because the Spring Hollow Reservoir was
an expensive project and, in addition to assets, the County has a newer water
system and the City of Roanoke has an older distribution system.
Mr. McEvoy explained that the 1999 water agreement allows for trading of
water and use of water lines up to three million gallons per day, current trading is
at 1.5 million gallons per day, the agreement allows the City to purchase four million
gallons per day of additional water from Roanoke County, and does not require
either jurisdiction to implement water conservation measures, even if such action
is taken by the other locality.
There was discussion in regard to whether Roanoke County has been
approached in regard to implementing voluntary water restrictions; whereupon, the
City Manager advised that a request was made of the County Administrator when
complaints were registered by citizens who are using City water but reside in
Roanoke County. She explained that the issue for Roanoke County is one of rates
because those persons in Roanoke County, regardless of the source of water, are
paying the County water rate and Roanoke County officials believe that as long as
their customers are paying a much higher rate they should not be subject to
restrictions or voluntary conservation.
Mr. McEvoy advised that the 1994 agreement provides for a regional water
pollution control plant, all five jurisdictions are actively involved in management of
the plant, and monthly meetings are held to discuss operational issues.
When comparing the City and County water systems, it was pointed out that
the City's average production is 15.5 million gallons per day, compared to Roanoke
County's at 7.5 million gallons per day; Roanoke City serves an equivalent
population of 170,000, compared with Roanoke County at 75,000; Roanoke City's
effective residential rate of $2.20 is based on usage of 5000 gallons per month,
compared to Roanoke County at $4.45 based upon a usage of 5000 gallons per
month; both Roanoke City's and Roanoke County's revenue is $10 million; and
Roanoke City's debt is $30 million, while Roanoke County's is $80 million.
4
Mr. McEvoy reviewed the benefits of a regional authority which include
economies of scale favorable for infrastructure financing and utilization; Virginia law
is favorable for formation of authorities; to maximize resources for the benefit of the
most number of people; and water supply development requires regional
cooperation. He reviewed the types of authorities, i.e.: full service which is a
completely separate operating unit with its own governing board;
wholesale/resource management which controls sources, with each jurisdiction
maintaining distribution and billing; and a "paper" authority which exists to support
bonding of joint projects and systems operate separately.
He reviewed the benefits to the City, i.e: operational savings due to shared use
of equipment and personnel; optimization of area reservoirs for drought protection
and advised of the need to develop the ability to transfer eight million gallons of
water per day between City and County systems; the City of Roanoke could utilize
Roanoke County's permit to fill Carvins Cove with a new pipeline; increased
customer base and access to new customers; and benefits associated with waste
water and storm water management.
There was discussion as to whether the City of Roanoke would be on water
restrictions if the Spring Hollow and Carvins Cove reservoirs were connected with
an $18 - 20 million pipeline; whereupon, the City Manager advised that the City
would most likely not be on the same level of water restrictions; however, everyone
should practice water conservation measures given the situation on the East Coast,
regardless of whether or not they have water, and the City should continue to pursue
additional wells even if it participates in a water authority. She called attention to
the need for a water system that is not reliant on one single source and the City
should continue to drill wells and get them permitted so that they are available when
needed.
In regard to cost impacts pertaining to an authority, Mr. McEvoy advised that
some assumption of the County's Spring Hollow Reservoir debt will be required on
a mass balance basis and City water rates could go from an effective rate of $2.20
to approximately $3.00; reduced transfers to the General Fund for support services
and realignment of additional staff would be needed; in addition to Spring Hollow
costs, additional infrastructure costs would be needed; a difference in connection
fees; the net impact will be to inflate rates (same rate with varying base charges); a
rate schedule that would converge to a single rate over some period of time; and a
combination of wholesale and retail rates by jurisdiction.
He explained that alternatives to a water authority are to continue with the
existing system:
*Carvins Cove has a good operating history,
*Crystal Springs is returning to service,
*City's population is stable,
*Could still participate in future regional projects,
*Purchase water when needed,
*Negative impact on service delivery.
He noted that other alternatives to an authority include attempting to buy a
portion of Spring Hollow directly from Roanoke County (four million gallons per day
capacity has been priced at $10 to $20 million plus operating costs); and contract
for a portion of the capacity at the new plant being constructed by the City of Salem.
He addressed groundwater development and advised that resources are
available in the southwest and southeast parts of the City to provide five to six
million gallons of water per day, most sites would require filtration, most sites are
private, groundwater exploration is a gamble, investment could be compromised by
droughts, pollution and overuse, and could supplement with purchased water.
In summary, Mr. McEvoy advised that a regional authority provides
operational savings, better long term drought protection, potential for customer
growth, and the greatest impact on rates and options for improvements in
wastewater operations and storm water management. He further advised that
ground water development provides lesser impact on rates, a lesser degree of
certainty to solve drought protection issues, unforeseen projects could invalidate
investment such as droughts, pollution, "mining", could make future regional
projects difficult, and the City can still purchase water as needed. He explained that
the City could wait for a future regional project; recognize the current drought
condition and set aside funds to purchase water and to make a future investment
when available; there would be minimal impact on rates; invest in conservation
projects through home fixture replacements, wastewater reuse, well irrigation for
City parks and other large users; and invest in aggressive leak detection/repairs to
minimize losses.
There was discussion in regard to waste water reuse in which Mr. McEvoy
advised that Virginia lags behind other states, but it is a concept that is well
developed in Arizona, North Carolina, California and Florida, which essentially
involves taking treated water from the water treatment plant and using the water for
industrial and irrigation purposes. He stated that the Commonwealth of Virginia has
recently received regulations and waste water reuse has been allowed on smaller
demonstration projects. The City Manager spoke in support of including the issue
of waste water reuse in the City's 2003 Legislative Program, and advised that the
Commonwealth of Virginia has only in the last eight to ten months looked at waste
water reuse seriously because of existing drought conditions.
Mr. McEvoy advised that City staff is looking to Council for guidance in regard
to how to proceed on ground water, a regional authority, and other miscellaneous
issues.
Vice-Mayor Harris advised that he would prefer that the City of Roanoke move
in the direction of a water authority which would not exclude the exploration of
ground water development. He stated that over the long term, the City needs to
move toward a regional strategy regarding its water system, and advised that if a
pipeline were in place today that would link the Spring Hollow and Carvins Cove
reservoirs, City residents would not be on the same level of water restrictions.
The Mayor advised that the authority will merit long term economics and with
a water authority and an additional four to five million gallons of water per day, City
customers would not be looking at the same level of restrictions as are currently in
effect.
Council Member Bestpitch advised that the City of Roanoke made a mistake
by not participating in the Spring Hollow project, the City should assume part of the
debt and step up to the plate and do what is right over the long term. He also spoke
in support of addressing waste water and storm water management issues through
a regional authority.
Council Member Cutler advised that from the standpoint of water level in the
Roanoke River and the ability to pump into Spring Hollow from the Roanoke River,
it would be advantageous if, up stream from the Spring Hollow pumping plant, that
water shed management be in place to prevent water from washing off too quickly
in Montgomery and Floyd Counties and the head waters of the Roanoke River. He
stated that soil and water conservation practices on the watershed, vegetation along
the streams, reforestation, assessment to protect vegetation along the streams,
small impoundments with excess storage capacity which will reduce floods,
increase water quality, provide a better water supply and work together in waste
water treatment, should all be a part of the package eventually.
Council Member Carder advised that water issues have been discussed by
Council since its first planning retreat in July 2000 and in every planning retreat
since that time, and the Council has been diligent in its work. He called attention to
the quality of information provided by the City Manager and the amount of time
required to produce the information, all of which is necessary for Council to make
an informed decision. He stated that the citizens of Roanoke are willing to pay the
price to have sufficient water to fulfill their needs; therefore, his vote is to look
toward the water authority while also pursuing ground water efforts.
Council Member Dowe advised that immediate steps toward the solution are
obvious, and encouraged that City staff continue to be as proactive as possible
toward larger projects such as Smith Mountain Lake over the long term.
The City Manager advised that upon hearing the support expressed by
Council for a regional authority, City staff felt an obligation to investigate all
possibilities and to provide Council with a detailed presentation so that the citizens
of Roanoke will understand that Council has based its decision on facts and not on
emotion. In order to best serve the citizens of Roanoke, she explained that there is
a need to immediately engage a third party consultant to assist with issues of
evaluating assets and determining rates so that citizens will have the assurance that
Council has proceeded with the knowledge that the City's assets are being fairly
evaluated. Secondly, she called attention to the need to set up a meeting with
Roanoke County officials to develop a memorandum of understanding which would
be a clear indication to proceed with the time, money and effort to address legal
issues (four months), operations/employees (nine months), assets/rates (12
months), billing (18 months) and additional interconnections (36 months). She
advised that if Council is agreeable to leasing the temporary filtration system at the
Crystal Springs Filter Plant, another discussion can take place in 30 days with
regard to use of the additional three million gallons of water per day, City staff will
continue to pursue the wells that have been identified, and a consultant will be
engaged to address the next steps to be taken.
At 1:58 p.m., the Mayor declared the meeting in recess to be reconvened
immediately following the Organizational Meeting of Council, scheduled to convene
at 2:00 p.m., in the City Council Chamber.
On Monday, July 1,2002, at 2:00 p.m., the Council of the City of Roanoke held
its Organizational Meeting in the Roanoke City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with
Mayor Ralph K. Smith presiding, pursuant to Section 10, Meetings of Council, of the
Charter of the City of Roanoke, at which time the newly elected Members of the
Council will officially take their seats.
PRESENT: Council Members William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris and Mayor Ralph K. Smith .... 6.
ABSENT: Council Member Linda F. Wyatt .................................................. 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.
CITY CLERK-CITY COUNCIL: The Mayor advised that the purpose of the
Organizational Meeting was for the newly elected Members of City Council to
officially take their seats; whereupon, he referred to a report from the City Clerk
advising of the qualification of M. Rupert Cutler, Alfred Dowe, Jr., and C. Nelson
Harris as Members of the Roanoke City Council, for terms of four years, each,
commencing July 1, 2002, and ending June 30, 2006.
Without objection by Council, the Mayor advised that the reports of
qualification and the report of the City Clerk would be received and filed.
CITY COUNCIL: Mr. Carder offered the following resolution recognizing the
Honorable C. Nelson Harris to be a Member of the City Council and Vice-Mayor of the
City of Roanoke, for a term commencing July 1,2002, and continuing for a period of
two years and until his successor has been elected and qualified:
(#35956-070102) A RESOLUTION recognizing the HONORABLE C. NELSON
HARRIS to be a member of the City Council and Vice-Mayor of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 66, page 238.)
Mr. Carder moved the adoption of Resolution No. 35956-070102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris and Mayor
Smith ........................................................................................................... 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
CITY COUNCIL: Mr. Harris offered the following resolution recognizing the
service of the Honorable William H. Carder as Vice-Mayor of the City of Roanoke
from July 1, 2000 to June 30, 2002:
(#35957-070102) A RESOLUTION recognizing the services of the HONORABLE
WILLIAM H. CARDER as Vice-Mayor of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 66. page 238.)
Mr. Harris moved the adoption of Resolution No. 35957-070102. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Harris and Mayor Smith ..... 5.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.) (Council Member Carder abstained from
voting.)
As outgoing Vice-Mayor, Mr. Carder expressed appreciation to Council
Members, Council Appointed Offices and other City staff for their hard work and
diligence to make the City of Roanoke a better place to live and work. He highlighted
some of the accomplishments of the City of Roanoke over the past two years
through established goals relating to a healthy economy, quality services, working
together as a City, developing strong neighborhoods, a vibrant downtown and
enhancing the environment.
Mr. Carder stated that Council set goals for the City Manager to accomplish
and gave her the ability to do her job to make those things happen; i.e.: 1-73 was an
issue that was debated, and Council continued to advise the Virginia Department of
Transportation that it did not want 1-73 going through the southeast neighborhood;
air service was an issue and an announcement was recently made regarding a
Regional Alliance which is charged with the responsibility of bringing additional air
service to the Roanoke Valley; tourism/marketing efforts with increased funding of
$276,000.00 appropriated unilaterally to fund and increase tourism/marketing in the
Roanoke Valley; retention of the business base through monthly meetings with
businesses over breakfast where businesses are encouraged to advise the City of
their concerns and the City has reacted to many of those concerns; numerous
announcements in terms of economic development; the City of Roanoke took the
lead with the regional branding effort in terms of what the Roanoke Valley wants to
project as its image; Victory Stadium was an issue and a decision was made that the
sports and entertainment venue of the future will be an amphitheater that will be
]0
located on Williamson Road which will be a tremendous economic boon for the
Williamson Road area; civic center improvements have been authorized to bring the
civic center into the 21st century, a contract has been signed with the NBDL and
there will be more concerts and events; market rate housing will be addressed by
a master planner looking at areas of the City for new market rate housing; the use
of current technology leading to more efficient and faster delivery and management
of City services; City services are bench marked through a citizen survey and as a
result of the most recent survey, 90 per cent of Roanoke's citizens stated that they
are happy with the services they receive from the City of Roanoke; implementation
of the new zoning and planning process; approval of the Fire/EMS Business Plan;
methods to improve fleet management; the City has worked with other localities
toward regional communication; a committee of Council revamped the City's
authorities, boards, commissions and committees; Council has acted in a bi-partisan
manner with governing first and politics second, and the Council has acted in the
best interests of the citizens of the City or Roanoke; Council has been inclusive of
all voices in order to generate increased citizen input into various issues; Council's
relationship with the School Board was excellent and a joint retreat was held last
year; the City enjoys strong neighborhoods; adoption of the Vision 2001
Comprehensive Plan in which thousands of citizens took part in the process; the
Bullitt/Jamison Avenue Pilot Project continues to move forward and Council took a
bold step when it decided to consolidate Community Development Block Grant and
HOME funds and focus on and address one neighborhood at a time, resulting in a
comprehensive neighborhood revitalization project such as the City has never seen
before which can be used as a blue print for neighborhood revitalization for the next
20 years as the City leaps from neighborhood to neighborhood; preserving
Roanoke's history; support of village centers; revitalization of the Grandin Theatre
in partnership with the community through matching funds; developing
neighborhood leadership, with a goal to revamp the Roanoke Neighborhood
Partnership; efforts to make downtown Roanoke efforts more vibrant; completion
of the update to the Outlook Roanoke Plan; improved residential living space in
downtown Roanoke with 150 families living in the area; investment in public/private
partnerships, such as the passenger rail station, the O. Winston Link Museum, IMAX
Theater, e-town, warehouses, fiber optics, and outside dining; downtown housing
has been made easier for builders to build downtown; facade grants; two way traffic
on Salem Avenue; the "Big Lick" street cleaning machine which is a partnership
between the City and Downtown Roanoke, Inc., to keep downtown streets clean;
enhancing the environment; Roanoke River cleanup; the regional storm water
management plan; the bulk trash removal program has led to cleaner City streets;
]!
the recycling program has been broadened throughout the City; the graffiti
ordinance was adopted by Council; the Urban Forestry Program was implemented;
and regional discussion in connection with a regional water supply, storm water
runoff, waste water and river maintenance and cleanup.
Mr. Carder advised that it has been an honor to serve as Vice-Mayor for the
past two years and he looks forward to working with the Council over the next two
years to continue to address the needs of the City of Roanoke.
CITY COUNCIL: Mr. Bestpitch offered the following resolution establishing a
meeting schedule for City Council for the Fiscal Year commencing July 1,2002, and
terminating June 30, 2003:
(#35958-070102) A RESOLUTION establishing a meeting schedule for City
Council for the Fiscal Year commencing July 1,2002, and terminating June 30, 2003.
(For full text of Resolution, see Resolution Book No. 66, page 239.)
Mr. Bestpitch moved the adoption of Resolution No. 35958-070102. The
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
COMMITTEES-CITY COUNCIL: The Mayor presented a communication
advising that by tradition, the Mayor has assigned Members of Council to the
various committees of the City of Roanoke; on May 26, the Mayor's Office sent a
letter of invitation to the Members of Council who would make up the Council as of
July 1, 2002, asking that they indicate their committee preferences; all Members of
Council responded; and virtually all requests were honored, with one exception.
The Mayor advised that he has been in the process of building relationships
with General Assembly Members for a number of years and those relationships can
serve as a benefit to the City of Roanoke and to the mutual satisfaction of all
Members of Council; many of his friends in Richmond share his political philosophy;
and just as they reach many compromises in the legislature for the benefit of
Virginia, he seeks to compromise with the Council realizing that they, too, do not all
share the same political philosophies.
The Mayor advised that the one exception above referenced is a proposal that
all Members of Council serve on the Legislative Committee, with the Mayor serving
as Chair; and since he presently attends a majority of all Mill Mountain Advisory
Committee meetings and Council Member Cutler will serve on the Mill Mountain Zoo
Board, he requested that the Mayor serve as the Council's liaison to the Mill
Mountain Advisory Committee.
Council Member Bestpitch presented a communication signed by the six
Members of Council proposing the following list of committee assignments for
Council Members:
Audit Committee - Council Members Bestpitch, Carder, Cutler, Dowe, Harris,
Ms. Wyatt (Chair) and Mayor Smith
Budget and Planning Committee -Council Members Bestpitch (Chair), Carder,
Cutler, Dowe, Harris, Wyatt and Mayor Smith
Human Services Committee - No Council Members serve on the Committee
Personnel Committee - Council Members Bestpitch, Carder, Cutler, Dowe,
Harris (Chair), Wyatt and Mayor Smith
Legislative Committee - Council Members Bestpitch, Carder (Chair), Cutler,
Dowe, Harris, Wyatt and Mayor Smith
Roanoke Redevelopment and Housing Authority - Council Member Harris
Mill Mountain Advisory Committee - Council Member Cutler
Roanoke Valley-Allegheny Regional Commission - Council Members
Bestpitch, Carder and Cutler
Total Action Against Poverty, Board of Directors - Council Member Bestpitch
War Memorial Committee - Council Members Bestpitch and Carder
]3
Roanoke Valley Regional Cable Television Committee - Council Member Dowe
Roanoke Civic Center Commission - Council Member Wyatt
City of Roanoke Transportation Safety Commission, Board of Directors -
Council Member Bestpitch
Roanoke Arts Commission - Council Member Cutler
Mill Mountain Zoo, Inc. - Council Member Cutler
Mayor's Committee for People with Disabilities - Council Member Wyatt
Virginia Museum of Transportation, Board of Directors - Council Member
Wyatt
Virginia CARES Board of Directors - Council Member Wyatt
Roanoke Valley Convention and Visitors Bureau, Board of Directors - Council
Member Carder
Roanoke Neighborhood Partnership Steering Committee - Council Member
Bestpitch
Virginia's First Regional Industrial Facility Authority Council Member
Bestpitch and Elizabeth Neu
New River Valley Commerce Park Participation Committee - Council Member
Bestpitch and Elizabeth Neu
Roanoke Valley Long-Range Water Supply Study Committee - Council Member
Cutler
Roanoke Neighborhood Partnership Steering Committee Ad Hoc Study
Committee - Council Members Bestpitch and Carder
Special Events Committee - Council Member Carder
]4
Roanoke Valley Area Metropolitan Planning Organization - Council Member
Bestpitch and Sherman Holland
Hotel Roanoke Conference Center Commission - Mayor Smith and William
White, Sr.
Virginia Municipal League Policy Committees:
Environmental Quality - Council Member Cutler
Finance - Jesse A. Hall
General Laws -William M. Hackworth
Human Development and Education - Council Member Wyatt
Transportation - Council Member Carder
Virginia Municipal League Legislative Committee - Council Member Carder
Virginia Recreation Facilities Authority - Council Member Bestpitch
Revenue Practices Committee - Council Member Bestpitch.
Mr. Bestpitch moved that Council approve the above listed committee
assignments, as contained in a letter dated June 20, 2002, and signed by the six
Members of City Council. The motion was seconded by Mr. Cutler and adopted by
the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris and Mayor
Smith ............................................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
The Mayor advised that it was not necessary for the Mayor to serve as Chair
of the Legislative Committee; however, it would be a vehicle to ensure that all parties
work together for the overall good of the City of Roanoke when dealing with issues
surfacing at the State level.
There being no further business, the Mayor declared the Organizational
Meeting adjourned at 2:40 p.m.
On Monday, July 1, 2002, immediately following adjournment of the
Organizational Meeting, the regular meeting of Roanoke City Council reconvened at
2:45 p.m., 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 William D. Bestpitch, William H. Carder,
M. Rupert Cutler, Alfred T. Dowe, Jr., C. Nelson Harris and Mayor Ralph K. Smith .... 6.
ABSENT: Council Member Linda F. Wyatt .................................................. 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 The Reverend J. David
Fuller, Missions Pastor, Church of the Holy Spirit.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS-PARKS AND RECREATION: The Mayor presented a
Proclamation declaring the month of July as National Parks and Recreation Month.
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.
MINUTES: Minutes of the work session of City 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. Bestpitch
and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
COMMITTEES-SCHOOLS: Sherman P. Lea having previously submitted his
resignation as a trustee of the Roanoke City School Board, a communication from
Mr. Lea advising that as he reflected on his original letter of resignation, he became
concerned that his decision to resign at the end of June would have a negative
impact on the work of the School Board and the progress of the school system;
therefore, he requested that his effective date of resignation be changed from
June 30, 2002, to August 15, 2002, or until a new Trustee is appointed, whichever
occurs first, was before Council.
Mr. Carder moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Bestpitch and adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ........................................................................................... 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
COMMITTEES-HOUSING/AUTHORITY: A communication from Robert J.
Sparrow tendering his resignation as a member of the City of Roanoke Fair Housing
Board, was before Council.
Mr. Carder moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Bestpitch and adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None ............................................................................................ 0.
(Council Member Wyatt was absent.)
]7
COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP-PENSION: A
communication from William E. Skeen tendering his resignation as a member of the
Board of Trustees, City of Roanoke Pension Plan; and the Roanoke Neighborhood
Partnership Steering Committee, was before Council.
Mr. Carder moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Bestpitch and adopted
by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ........................................................................................... 6.
NAYS: None ............................................................................................ 0.
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOUSING/AUTHORITY:
The City Manager submitted a communication advising that property located at
1224 Rorer Avenue, S. W., and 719 Dale Avenue, S. E., was acquired by the City of
Roanoke to establish a housing assistance program for City employees; and
pursuant to requirements of the Code of Virginia, the City of Roanoke is required to
hold a public hearing on the proposed conveyance of property rights to the Blue
Ridge Housing Development Corporation, which will renovate the two properties
using CDBG funds and oversee the housing assistance program, was before
Council.
The City Manager requested that Council authorize a public hearing to be held
on Monday, July 15, 2002.
Mr. Carder moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris and Mayor
Smith ............................................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
COMMITTEES-AUDIT COMMITTEE: Minutes of the meeting of the Audit
Committee held on Monday, June 3, 2002, were before Council.
The following items were considered by the Audit Committee:
Internal Audit Reports:
Fleet Management - Parts
Purchasing Cards
Retirement
KPMG External Audit for year ending June 30, 2002
Status Report - Roanoke City Public Schools
Report of Peer Review on Municipal Auditing Department
Management Assistance Audit - Solid Waste Management
Request for 30 minute Audit Committee Meeting - June 17, 2002
Mr. Carder moved that the minutes be received and filed. The motion was
seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
OATHS OF OFFICE-COMMITTEES-PERSONNEL DEPARTMENT-LIBRARIES-
PENSIONS-SCHOOLS-WAR MEMORIAL: The following reports of qualification were
before Council:
William E. Skeen and Robert J. Sparrow as Trustees of the Roanoke
City School Board, for terms of three years, each, commencing July 1,
2002, and ending June 30, 2005;
Roland H. Macher as a member of the Roanoke Public Library Board for
a term ending June 30, 2005;
D. Duane Dixon as a member of the Board of Trustees, City of Roanoke
Pension Plan, for a term ending June 30, 2004;
Alfred C. Moore as a member of the War Memorial Committee for a term
ending June 30, 2003;
Brenda L. McDaniel as a member of the Roanoke Public Library Board
for a term ending June 30, 2004; and
I. B. Heinemann as a member of the Personnel and Employment
Practices Commission for a term ending June 30, 2005.
Mr. Carder moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ........................................................................................... 6.
NAYS: None ......................................................................................... 0.
(Council Member Wyatt was absent.)
REGULAR AGENDA
PUBLIC HEARINGS:
CITY PROPERTY-INDUSTRIES: Pursuant to notice of advertisement for bids
for lease and renovation of certain City-owned buildings located at 117 and 119
Norfolk Avenue, S. W., the matter was before Council.
The Mayor advised that bids were to be received in the City Clerk's Office until
1:30 p.m., on Monday, July 1,2002, and to be held by the City Clerk, unopened, until
the 2:00 p.m. session of Council, at which time the bid would be opened and read
before the Council. He inquired if there were persons in attendance who had
questions or objections 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 Warehouse Row, L. P.
Without objection by Council, the Mayor advised that the bid of Warehouse
Row, L. P., would be referred to the City Manager for report to Council at the regular
meeting on Monday, July 15, 2002.
Pursuant to notice of advertisement, the Mayor also advised that a public
hearing was advertised in The Roanoke Times on Monday, June 17 and Monday,
June 24, 2002, with regard to the lease and renovation of certain City-owned
2O
buildings located at 117 and 119 Norfolk Avenue, S. W., for Monday, July 1,2002, at
2:00 p.m., or as soon thereafter as the matter may be heard, the matter was before
the body.
The Mayor inquired if there were persons present who would like to be heard
in connection with the matter, to which inquiry no person responded.
Without objection by Council, the Mayor advised that the public hearing would
be continued until the regular meeting of Council on Monday, July 15, 2002, at 7:00
p.m., or as soon thereafter as the matter may be heard in the City Council Chamber.
PETITIONS AND COMMUNICATIONS:
TAXES-VIRGINIA TRANSPORTATION MUSEUM: A petition from the Virginia
Museum of Transportation requesting exemption from taxation of 1.4 acres of land
located adjacent to 303 Norfolk Avenue, S. W., in the City of Roanoke, pursuant to
Section 30-19.04(B), Code of Virginia, (1950), as amended, was before Council.
Mr. Carder moved that the petition be referred to the City Manager for study,
report and recommendation to Council. The motion was seconded by Mr. Dowe and
adopted.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY EMPLOYEES: The City Manager introduced Jeffrey H. Powell, Director,
General Services, who assumed his position on June 17, 2002.
ITEMS RECOMMENDED FOR ACTION:
SPECIAL PERMITS-LICENSES: The City Manager submitted a communication
advising that Joan S. Edwards, property owner at 3745 Forest Road, S. W, has
requested permission to retain, in place, a basketball goal, which encroaches into
the public right-of-way; the property owner has also requested that Council
designate a portion of Forest Road as an area where play is permitted in the right-of-
way, pursuant to provisions of Sec. 46.2-932A, Code of Virginia, (1950), as amended;
and the encroachment extends approximately three feet into the right-of-way of
Forest Road, which is approximately 12 feet in height; the right-of-way of Forest
Road at this location is approximately 50 feet in width; and liability insurance and
indemnification of the City by the property owner shall be provided by the property
owner, and evidence of such coverage shall be approved by the City's Risk
Manager.
The City Manager recommended that Council adopt an ordinance to be
executed by the property owners, John S. and Catherine D. Edwards, and recorded
in the Clerk's Office of the Circuit Court for the City of Roanoke granting a revocable
license to the property owners at 3745 Forest Road, S. W., to allow a basketball goal
that encroaches into the right-of-way of Forest Road, S. W., to remain; and
designating a portion of Forest Road as a play area, restricted to usage during
daylight hours, and defined by a minimum of four temporary traffic cones, said play
area shall be described as an area beginning on a point at the location of the
basketball goal, extending with a radius of 30 feet within the right-of-way of Forest
Road, S. W., and terminating at the property line of Official Tax No. 1390514.
Mr. Bestpitch offered the following ordinance:
(#35959-070102) AN ORDINANCE granting a conditional permit to allow for the
encroachment of a basketball goal approximately three feet into the public right-of-
way in front of the property located at 3745 Forest Road, S. W., and bearing Official
Tax No. 1390514; designating a play area pursuant to the provisions of §46.2-932.A,
Code of Virginia, (1950), as amended, upon certain terms and conditions; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 241.)
Mr. Bestpitch moved the adoption of Ordinance No. 35959-070102. The motion
was seconded by Mr. Dowe.
Council Member Cutler advised that this type of ordinance is potentially
available to any citizen as long as they provide the necessary insurance and meet
other specific provisions, and does not represent a special consideration for the
individual involved.
Council Member Carder referred to the circumstances of another individual
who installed a permanent basketball goal on a cul-de-sac on City property;
whereupon, the City Manager advised that she would address the inquiry.
Ordinance No. 35959-070102 was adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ........................................................................................... 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
SPECIAL PERMITS-LICENSES: The City Manager submitted a communication
advising that James V. Revercomb, property owner at 2908 Carolina Avenue, S. W.,
has requested permission to maintain a retaining wall currently under construction
along his driveway, which encroaches into the public right-of-way; the
encroachment extends approximately 24 feet into the right-of-way of Carolina
Avenue, and varies in height between 12" and 48"; and the right-of-way of Carolina
Avenue is approximately 80 feet in width; there are several similar retaining walls on
this side of Carolina Avenue; and liability insurance and indemnification of City of
Roanoke by the property owner shall be provided by the property owner as
specified, subject to approval by the City's Risk Manager.
The City Manager recommended that Council adopt an ordinance, to be
executed by the property owners, James V. and Denise C. Revercomb, and recorded
in the Clerk's Office of the Circuit Court for the City of Roanoke, granting a revocable
license to property owners at 2908 Carolina Avenue, S. W., to allow a retaining wall
that encroaches into the right-of-way of Carolina Avenue, S. W., to remain.
Mr. Bestpitch offered the following ordinance:
(#35960-070102) AN ORDINANCE granting a revocable license to permit an
encroachment of a retaining wall approximately twenty-four feet into the public right-
of-way in front of the property located at 2908 Carolina Avenue, S. W., and bearing
Official Tax No. 1070502, upon certain terms and conditions; and dispensing with the
second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 66, page 244.)
Mr. Bestpitch moved the adoption of Ordinance No. 35960-070102. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ........................................................................................... 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
PURCHASE/SALE OF PROPERTY-BUDGET-GREENWAY SYSTEM: The City
Manager submitted a communication advising that the Lick Run Greenway is a part
of the City-wide greenway system which was identified in the City's Comprehensive
Plan, Roanoke Vision 2001, as a potential greenway corridor and is supported by the
citizens of the City of Roanoke; each portion is being constructed as funds become
available and two phases of construction have been completed; the final phase will
extend the greenway from Court Street to The Hotel Roanoke; and design of the
project is sufficiently complete to identify those property rights necessary for
construction.
It was further advised that authorization is needed to move forward with
procurement of title work, appraisals, and document preparation related to
acquisition of the necessary property rights; and projected cost for acquisition of
the necessary property rights is approximately $100,000.00, which will be funded
through two VDOT TEA-21 grants totaling $875,000.00.
The City Manager recommended that she and the City Attorney be authorized
to take all necessary steps to acquire all property rights, said property rights may
be acquired by negotiation or eminent domain, and may include fee simple,
permanent easements, permanent access easements, temporary construction
easements, rights-of-way, licenses or permits, etc., subject to a satisfactory
environmental site inspection; and that Council appropriate $875,000.00 to the Lick
Run Greenway Project, Account No. 008-530-9754, and establish a revenue estimate
in the amount of $875,000.00 for VDOT TEA-21 grant funds.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35961-070102) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 66, page 245.)
Mr. Bestpitch moved the adoption of Ordinance No. 35961-070102. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ........................................................................................... 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Dowe offered the following ordinance:
(#35962-070102) AN ORDINANCE providing for the acquisition of certain
interests in property needed by the City for the final phase of the Lick Run Greenway
Project; setting a certain limit on the acquisition costs of such property rights;
providing for the City's acquisition of such property rights by condemnation, under
certain circumstances; authorizing the City to make motion for the award of a right
of entry on the property for the purpose of commencing the project; all upon certain
terms and conditions; and dispensing with the second reading of this ordinance by
title.
(For full text of Ordinance, see Ordinance Book No. 66, page 246.)
Mr. Dowe moved the adoption of Ordinance No. 35962-070102. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................... -0.
(Council Member Wyatt was absent.)
Council Member Cutler inquired if the ordinance addresses reimbursement to
the Western Virginia Land Trust of $6,000.00 which was used to purchase property
on Syracuse Avenue to enable the Lick Run Greenway to go across open land;
whereupon, the City Manager advised that she would investigate the inquiry and
address the matter accordingly.
TAXES-DOWNTOWN ROANOKE, INCORPORATED: The City Manager
submitted a communication advising that on July 2, 2001, the City of Roanoke
authorized the City Manager to execute a Downtown Service District Services
Agreement between the City of Roanoke and Downtown Roanoke, Inc., for a period
of five years; and paragraph 3.7, Disbursements to DRI, states the net revenue
collected from the additional service district tax, less the City's annual direct costs,
will be presented to DRI in return for providing promotional services within the
downtown district.
It was further advised that the proposed amendment will eliminate the City's
annual direct costs fee, which is currently $2,000.00, allowing additional funds for
promotion and development; such amendment will be effective for the 2001-2002
fiscal year and in the future; and Section 32-102.3 (a), Code of the City of Roanoke
(1979), as amended, needs to be amended to eliminate the requirement that the,
"Costs of collecting, accounting for and administering the tax provided for by this
division shall be a charge against revenues derived from such tax."
The City Manager recommended that she be authorized to execute an
amendment to the Downtown Service District Services Agreement between the City
of Roanoke and DRI for a period ending June 30, 2006; such amendment to be
approved as to form by the City Attorney; that the City Manager be authorized to take
such further action as is necessary to implement and administer such amendment;
and that Council amend Section 32-102.3(a), Code of the City of Roanoke (1979), as
amended, by deleting the last sentence, which reads, "Costs of collecting,
accounting for and administering the tax provided for by this division shall be a
charge against revenues derived from such tax."
Mr. Carder offered the following ordinance:
(#35963-070102) AN ORDINANCE amending and reordaining subsection (a) of
§32-102.3, Purposes of tax, of Division 6, Downtown Service District, of Article II,
Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of
Roanoke (1979), as amended, to eliminate the requirement of charging the costs of
collecting, accounting for and administering the tax against the revenues derived
from such tax; and dispensing with the second reading of this ordinance, effective
retroactively to July 1, 2001.
(For full text of Ordinance, see Ordinance Book No. 66, page 248.)
Mr. Carder moved the adoption of Ordinance No. 35963-070102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Carder offered the following resolution:
(#35964-070102) A RESOLUTION authorizing the execution of an amendment
to the Downtown Service District Services Agreement between the City of Roanoke,
Virginia, and Downtown Roanoke, Inc. (DRI), that will provide for the elimination of
the City's annual direct costs fee, which is currently $2,000.00; and authorizing the
City Manager to take such further action as is necessary to implement and
administer the terms of such amendment.
(For full text of Resolution, see Resolution Book No. 66, page 249.)
Mr. Carder moved the adoption of Resolution No. 35964-070102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
PERSONNEL DEPARTMENT-MUNICIPAL BUILDING-EQUIPMENT: The City
Manager submitted a communication calling attention to a multi-phase project to
replace copiers, desktop printers, and fax machines throughout the Municipal
Building and certain remote locations with digital multi-functional devices, which
devices will be capable of attaching to the City's network infrastructure for
distributive printing directly from the Department of Technology's data center, print
and fax from a desktop computer, and perform advanced functions for copying and
scanning; and this solution provides the latest technology to City departments for
increased functionality and efficiency of operations.
It was further advised that Phase one includes replacement of equipment in
Municipal Building South, along with the Human Resources department; additional
phases of the project to replace equipment in other departments will be implemented
27
as funds become available; after proper advertisement, two bids were received on
November 19, 2001, with the XEROX Corporation submitting the Iow bid to lease the
equipment over a five year (60 month) period at $10,024.00 per month, for a total of
$601,460.00; funding has been included in the fiscal year 2002-2003 budget for lease
payment and initial network setup; and a justification study providing validation of
cost savings was made in the departments proposed to receive the equipment.
The City Manager recommended that Council accept the bid of the XEROX
Corporation, in the amount of $601,460.00, with a contract date commencing on
July 1, 2002 for 60 months; and that all other bids received by the City be rejected.
Mr. Carder offered the following resolution:
(#35965-070102) A RESOLUTION accepting the bid of Xerox Corporation and
authorizing the City Manager to execute an agreement with Xerox Corporation for
the lease of multi-functional printer/copiers to be placed throughout the municipal
building, upon certain terms and conditions; and rejecting all other bids made for
such items.
(For full text of Resolution, see Resolution Book No. 66, page 250.)
Mr. Carder moved the adoption of Resolution No. 35965-070102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None ............................................................................................ 0.
(Council Member Wyatt was absent.)
PARKING FACILITIES: The City Manager submitted a communication advising
that the City currently contracts with Central Parking Systems of Virginia Inc. d/b/a
AIIright Roanoke Parking, Inc. (AIIright) for management and operation services for
six city owned and/or operated parking garages and four surface parking lots, under
a five year contract which is effective until July 31,2002; on April 9, 2002, A Request
for Proposal was issued seeking qualified management firms to operate the
facilities for the next three years, commencing on August 1, 2002, with up to one
additional year at the option of the City; four responses were received, each
proposal was carefully reviewed and each firm was granted an oral interview in the
selection process.
It was further advised that in order to provide for the professional
management of parking facilities, the firm of LANCOR Parking, L.L.C. was selected
to be the most qualified to provide management and operational services; the
proposed contract contains additional requirements of the management firm as
compared to the current management contract, including an increased responsibility
for preventative maintenance and general upkeep of each facility, development of
an effective public relations and marketing plan, and increased emphasis on
customer service and revenue enhancement; and a three year management contract
has been negotiated with LANCOR Parking, L.L.C. with up to one additional year
at the option of the City, at a management fee of $584,029.00 for year one,
$584,225.00 for year two, $601,752.00 for year three and $52,792.00 per month for the
option period; said fees are more costly than those fees being paid to the operator
under the current contract and are reflective of the increased level of requirements
and responsibilities being placed upon the new operator; and funding is available
in operating accounts for City owned and/or operated facilities in the Parking Fund
to pay for said fees.
The City Manager recommended that Council accept the proposal of LANCOR,
L.L.C., to provide management and operating services for ten City owned and/or
controlled parking facilities, and authorize the City Manager to enter into a contract
with LANCOR Parking, L.L.C., for provision of management and operation services
for said City owned and/or controlled parking facilities, for the fees set forth above;
and that the City Manager be authorized to take such further action and to execute
such further documents as may be necessary to implement and administer such
contract. (Church Avenue Parking Garage, Century Station Parking Garage,
Gainsboro Parking Garage, Market Square Parking Garage, Tower Parking Garage,
Williamson Road Parking Garage, Gainsboro Surface Parking Lot, Salem Avenue
(Warehouse Rowe) Parking Lot, Norfolk Avenue (Viaduct) Parking Lot, and
Williamson Road Parking Lot)
Mr. Carder offered the following emergency ordinance:
(#35966-070102) AN ORDINANCE accepting the proposal of Lancor Parking,
L. L. C., to provide management and operation services for certain City of Roanoke
owned and/or controlled parking garages and surface parking lots for a term of three
years with an option to renew for up to one additional year, upon certain terms and
conditions; awarding a contract therefor, authorizing the proper City officials to
execute the requisite contract; rejecting all other proposals made to the City; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 251)
Mr. Carder moved the adoption of Ordinance No. 35966-070102. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ........................................................................................... 6.
NAYS: None ............................................................................................ 0.
(Council Member Wyatt was absent.)
PUBLIC WORKS-EQUIPMENT-CMERP: The City Manager submitted a
communication advising that the Capital Maintenance and Equipment Replacement
Program (CMERP) has identified the need to purchase one hydraulic excavator to
replace two older excavators, one being a rubber tired machine that has already
been sold and the other a track machine that is approximately 30 years old; and the
item will be purchased from proceeds of the 2002 Capital Lease Program.
The City Manager recommended that Council accept the bid of Mitchell
Distributing Co., for one Komatsu PC150LC-6 hydraulic excavator, at a total cost of
$107,570.00, and reject all other bids received by the City.
Mr. Carder offered the following resolution:
(#35967-070102) A RESOLUTION accepting the bid of Mitchell Distributing Co.,
for the purchase of one new hydraulic excavator, upon certain terms and conditions;
and rejecting all other bids made for such items.
(For full text of Resolution, see Resolution Book No. 66, page 252.)
Mr. Carder moved the adoption of Resolution No. 35967-070102. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ........................................................................................... 6.
NAYS: None ........................................................................................... 0.
(Council Member Wyatt was absent.)
3O
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS-BUDGET: The Director
of Finance submitted the Financial Report for the City of Roanoke for the month of
May, 2002.
Council Member Carder inquired as to how the eight per cent in State cuts will
be addressed; whereupon, the Director of Finance advised that the first seven per
cent in reductions were incorporated into the State's adopted fiscal year 2003
budget; however, he did not have detailed information on how the cuts will be
allocated. The City Manager advised that additional State reductions or impacts that
have not yet been identified are anticipated, and the Director of Finance, City
Manager and Director of Management and Budget will continue to monitor the
situation closely and manage the City's resources, extraordinarily, until there is a
clear indication of what will happen at the State level.
Without objection by Council, the Mayor advised that the financial report
would be received and filed.
The City Manager advised that as a part of the water briefing at the 12:15 p.m.,
session of Council, she stated that a funding action item would be submitted to the
Council at its 2:00 p.m., session, in order to provide for the lease or purchase of
equipment to institute a temporary filtration treatment system for the Crystal Springs
Filter Plant which will allow approximately three million gallons of Crystal Springs
water on line on August 1, at a cost not to exceed $350,000.00.
The City Manager explained that approximately two months ago, Council
appropriated $300,000.00 for the purchase of an ultra violet treatment option at the
Crystal Springs Filter Plant which was not approved by the Environmental Protection
Agency; however, the City has now received approval by the Health Department to
use a temporary filtration option that will allow the temporary system to be in place
by August 1, which is two months in advance of the estimated completion date of
October 1 of the new filtration system at the Crystal Springs Filter Plant.
The City Manager was requested to elaborate on future plans with regard to
the City's water situation; whereupon, she advised that at the 12:15 p.m., Council
Work Session, current water systems, and the status of the water systems and
improvements were discussed. She further advised that Carvins Cove Reservoir is
just a little below 27 feet, below spillway, and daily demand on Carvins Cove is down
3]
from 15 million gallons per day to 10 million gallons per day, which is the result of
recent rain fall and the purchase of water from the City of Salem and Roanoke
County. She explained that it is expected that the Crystal Springs Filter Plant will be
fully operational by October 1, which is six weeks ahead of schedule, the ultra violet
treatment option was not approved by the Environmental Protection Agency,
however, the City proposes to pursue a temporary filter option that will provide
approximately three million gallons of water per day by August 1; Council has not
as yet decided how it wishes to use the additional three million gallons of water per
day, although one option is to reduce the amount of purchase that the City is
currently making from Roanoke County, or to use the additional capacity to raise
the level of Carvins Cove to ensure against some of the more difficult months to
come, or to look at some mitigation of water restrictions, all of which are matters
that Council will address later in the month. She stated that the Muse Spring well
is expected to begin production on August 1 and another well will be on line on
October 1 in conjunction with the Crystal Springs Filtration Plant, which means that
by October 1, two million gallons of additional water will be available as a resource
to the City. She called attention to two additional locations that were made available
last week for citizens to obtain non-potable water, one off of Tenth Street and one
in Wasena Park; an engineering firm has been retained for a regional long range
water supply study and the report is expected to be completed in January, 2003.
She advised that there is a need to concentrate on long term water solutions along
with short term conditions that localities face as a result of the drought. She called
attention to various options that are available to the City; i.e.: a regional authority in
which both the City of Roanoke and Roanoke County are interested in participating;
the issue of additional wells as a resource for water; and Council reviewed the cost
of taking no action while waiting for opportunities and living through the drought
which is facing not only the State of Virginia, but the entire East Coast. She advised
that Council, following its discussion of the pros and cons of the various issues,
authorized City staffto proceed with a memorandum of understanding with Roanoke
County, with the goal of producing a water authority agreement and in the next four
to twelve months, the services of a third party will be engaged to review rate making
issues and evaluation of assets of the City and the County systems when moving
to a water authority; and the Council also gave its support to continue to investigate
and explore other resource development such as additional wells. She explained
that it is estimated that the City will need an additional eight million gallons of water
per day on a recurring basis in order to be drought proof which will be the goal in
working toward creation of a regional authority. She stressed that if an authority
were created tomorrow, it would not diminish the present drought conditions
because it would take from $10 - $18 million in order for a pipeline to be built to
connect the Spring Hollow and Carvins Cove Reservoirs in order to draw more water
today than the City is currently drawing from Roanoke County. She assured Council
and the citizens of Roanoke that City staff has been pursuing all options and advised
that as a state and a locality, we do not have the advantage of using technology and
some of the opportunities that other states, particularly the western states, have
become familiar with over the years in terms of maximizing both the availability of
non-potable water to address situations that are produced by a drought, and the
opportunity for additional resources relative to potable water. She advised that it is
hoped to better educate and inform the public, there is a need to create
opportunities to have an integrated water system without total reliance on rain water
and that wells and other activities be addressed to deal with the situation. She
stated that as a community, as a valley and as a state, all persons need to become
better conservators of water, both in times of plenty and in times of drought.
The City Manager called attention to a significant amount of regional
cooperation in the Roanoke Valley's water systems, even without an authority, and
prior to the City's purchase of water from Roanoke County, there was an exchange
of 1.5 million gallons of water per day between the two jurisdictions in those
instances where a decision was made that it was in the financial best interest of one
jurisdiction or the other for the customers to be served by the other jurisdiction;
therefore, situations exist today where County residents are being served by City
water and City residents are being served by County water; and the Town of Vinton
has an arrangement whereby the City sells water to an industry in the Town
because of the quality of City water. She referred to meetings of the City Manager,
the Mayor and City staffwith their respective Roanoke County counter parts over the
past year to discuss water issues. She advised that water issues can be emotional
and it is necessary to make decisions based upon facts; there are costs associated
with going to an authority and there will be significant increases in water rates
charged to citizens as opposed to what they are currently paying, and the sentiment
of the community appears to be that they are prepared to pay those rates in order
to enjoy quality of life and to accommodate the activities that citizens have come to
enjoy in the Roanoke Valley, and City staff is prepared to move as quickly as
possible to make that happen on behalf of the citizens of Roanoke.
The City Manager explained that because of the interconnections that
currently exist which are the limiting factor, as of today, five and one-half million
gallons of water are flowing through those lines, and one and one-half million is the
trading of water that was occurring long before the drought, therefore, the City is
purchasing four million gallons of water which is the maximum. She explained that
if an authority were created tomorrow, it would not be possible to get more water
immediately because significant investments are required in a number of options,
one of which would be a direct connection of the two reservoirs by a pipeline,
another might be to create a mid point at which there would be a pipeline and a
treatment facility, and additional interconnections might be another option which will
be explored. She advised that there will be a price to become a part of the authority
which is the investment that the City of Roanoke would have made back in the early
1990's into the Spring Hollow Reservoir had it made the decision at that time to
participate and certain infrastructure improvements will be necessary to access
those waters. She stated that the City of Roanoke has the lowest water rate in the
Roanoke Valley, as well as a Iow rate in comparison to the State, and an increase in
rates will be necessary in order for the City to be drought proof.
The City Manager commended the Roanoke community for pulling together
in these unusual situations and advised that that spirit of cooperation will see
citizens through these difficult times.
Mr. Cutler offered the following ordinance:
(#35968-070102) 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.
(For full text of Ordinance, see Ordinance Book No. 66, page 253.)
Mr. Cutler moved the adoption of Ordinance No. 35968-070102. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
Mr. Bestpitch offered the following ordinance:
(#35969-070102) AN ORDINANCE declaring the existence of an emergency in
connection with obtaining certain design services, the lease and/or purchase of
equipment, and construction work for a certain project to try to obtain additional
sources of water to try to increase the City's water supply to help with the City's
water to help with the City's water supply emergency that was declared on February
4, 2002, Ordinance No. 35741-070102; providing that due to the need to expedite
such projects, the normal procurement method of advertising, conducting
competitive negotiations, and/or competitive sealed bidding be dispensed with to
the extent reasonably necessary; authorizing the City Manager to take such further
action or to execute such documents as may be necessary to implement and
administer such projects; and dispensing with the second reading by title of this
ordinance.
(For full text of Ordinance, see Ordinance Book No. 66, page 254.)
Mr. Bestpitch moved the adoption of Ordinance No. 35969-070102. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS:
BUDGET-CITY COUNCIL: The City Attorney submitted a report advising that
at the request of Council Member Bestpitch, he has prepared a measure which
would establish annual salaries for the Mayor, Vice-Mayor and Council Members for
the fiscal year beginning July 1, 2004, which will provide that the Mayor would
receive an annual salary of $19,189.00, and the Vice-Mayor and Members of City
Council would receive $14,925.00.
He further advised that Council adopted an ordinance on November 19, 2001,
effective July 1,2002, establishing the salary of the Mayor at $18,000.00 per year and
the salaries of the Vice-Mayor and Members of Council at $14,490.00 per year;
Section 15.2-1414.6, Code of Virginia, (1950), as amended, permits Council to
establish the annual salaries of Members of Council, but provides that any increase
in such salaries must be adopted at least four months prior to the date of the next
municipal election, and no increase can take effect until July 1st after such election;
and the next regularly scheduled general election of Council Members will be in May
of 2004, thus any ordinance adopted by Council at this time increasing the salaries
of Members of Council cannot take effect until July 1, 2004.
Mr. Bestpitch moved that the ordinance be referred to the Council's Budget
and Planning Committee. The motion was seconded by Mr. Cutler and adopted.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that the timing for a pay
increase for Council Members is wrong in view of recent budget cuts, the water
crisis and many other critical issues facing the City of Roanoke. She further
advised that she stands with Roanoke's school teachers who believe that teachers
are always placed on the back burner when it comes to pay raises. She stated that
a message is being sent that the City of Roanoke is insensitive, and Roanoke is a
city that is in turmoil, both inside and outside of City Hall. She asked that Council
Members respect each other and advised that where a Member of Council lives
should not be an issue in determining a pay increase, each Member of Council has
a right to their own personal opinion, and it does not reflect well on the City when
Council Members criticize each other through the news media.
Ms. Anita Price, 3101 Willow Road, N. W., President, Roanoke Education
Association, representing 700 members, advised that on behalf of the REA, she
would like to go on record stating that educators do not begrudge equal
compensation for the hard work that Council Members endure in conducting the
affairs of the City and that Council Members should be compensated adequately.
However, she stated that given the budgetary constraints dictated by the General
Assembly that placed more restrictions on the decisions of Council, REA members
would like to know that they could depend on a three per cent pay increase each
year, but they are required to bow to the dictates that come from the General
Assembly and City Council, therefore, educators receive what is left over. She
stated that educators are patient people, but they deserve what is right and not what
is left over. She called attention to the fact that salaries for Roanoke City School
teachers are becoming less and less competitive, the City has lost ground in the last
two years, and it is becoming increasingly difficult to attract and retain the brightest
and best teachers, given the sacrifices and the current budgetary situation. She
asked that Members of Council concur that voting upon a pay increase at this time
will send the wrong message to the public and cause educators to wonder what truly
is the highest priority of City Council.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that when Roanoke City
files for bankruptcy, a detailed study will show that City Council failed to be
excellent stewards of taxpayers' money and their trust. She further advised that
Council can be accused of allowing abusive and mis-use of taxpayers' money
because it has not demanded an investigation of the mis-use of funds within the
bowels of City Hall; Council has not kept campaign promises, pledges or statements
to not seek a pay increase; Council has failed to properly represent citizens in the
predominantly black neighborhoods with respect to Washington Park, screen doors
for Lincoln Terrace residents, fire stations within the black neighborhoods, and
police substations within those neighborhoods; and Council has failed to support
Roanoke's teachers. She stated that these are items that should be considered
during Council's Budget and Planning Committee meeting, because there are
persons in the City of Roanoke who have lost their jobs due to no fault of their own
and yet City Council is considering a pay increase. She asked that Council think
about the overall big picture and not their individual situations.
Mr. Robert Gravely, 617 Hanover Avenue, N. W., advised that Council is
charged with the responsibility of looking at the entire City of Roanoke, and one-half
of the City is prospering, while the other half is failing. He referred to a pay scale for
City workers that is not favorable for the average worker to earn a decent living. He
advised that the black community has no businesses because they are considered
last in receiving City funds and in receiving promotions in the workplace, and racism
prevails in the City of Roanoke. He advised that the answer to the City's water
problems is contained in the Holy Bible.
INTRODUCTION
RESOLUTIONS: None.
AND CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
CITY CLERK-CITY COUNCIL-INTERNET: Council Member Bestpitch requested
that the City Clerk summarize the following information to be placed on the Internet;
i.e.: Commencing July 1, 2002, five years of information will be available to citizens
and City departments with regard to City Council action agendas, reports,
37
communications, ordinances and resolutions, along with the Clerk's
correspondence as a result of Council actions; information will be updated with each
Council meeting; and, as time permits, information prior to July, 1997 will be posted
on the Internet for review and research purposes.
PARKS AND RECREATION: Council Member Bestpitch referred to the annual
giving campaign for the Mill Mountain Zoo, and encouraged Council Members to
make their individual contributions. He also encouraged attendance at the Mill
Mountain Zoo's major fund raising event, "Zoo Do 2002", which will be held on
Friday, July 26, 2002, from 6:30 p.m. until 10:30 p.m.
BUDGET-TAXES-CITY COUNCIL: Council Member Bestpitch responded to
recent public remarks of the Mayor with regard to the proposed salary increase for
Members of Council. He stated that he wished the Mayor would demonstrate the
same level of concern on the revenue side of the budget as he seems to have
regarding the expenditure side, and noted while six Members of Council drive a
vehicle for which they purchase a City decal and pay 30 per cent of the vehicle tax
and the City of Roanoke receives 70 per cent reimbursement for the vehicle tax from
the Commonwealth of Virginia, the Mayor chooses to excuse himself from the need
to purchase a decal, or to pay the 30 per cent vehicle tax. Therefore, he questioned
the message that the Mayor may be sending to the citizens of Roanoke.
The Mayor responded that Mr. Bestpitch was referring to the dealers' license
tag on his personal vehicle. He stated that in the State of Virginia, one must obtain
an automobile dealers' license in order to sell automobiles or trailers, he is a trailer
dealer, and having paid for an automobile dealers' license, he is permitted to display
a dealers' tag on his personal vehicle. He explained that a number of other vehicles
within his company display City decals, along with a State license, all of which
substantially contribute to the City's coffers. He advised that he pays 100 per cent
in taxes and receives zero rebate from the State.
SPECIAL EVENTS: The Mayor encouraged citizens to attend July 3 and July
4 activities in the City of Roanoke, i.e.:
Old Fashioned Cruising Night on Williamson Road (July 3 at 7:00 p.m.)
Kiwanis Club River Clean Up at 9:00 a.m. (Participants will meet at the
Wasena Park Picnic Pavilion)
Farmers' Market Car Show - 10:00 a.m. - 2:00 p.m.
Old Fashioned Neighborhood Parade on Williamson Road - 2:00 p.m.
(Parade starts as Civic Mall)
Music for Americans at Victory Stadium - 7:00 p.m.
Council Member Dowe wished all citizens of the Roanoke Valley a happy
Independence Day. He stated that this is a day that Americans fought for and a day
that affords all citizens the opportunity to enjoy the freedom that comes from being
an American.
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-TELEPHONE COMPANIES: Mr. Hume Powers, 2641 Nottingham
Road, S. E., expressed concern with regard to telephone service. He referred to a
specific instance in which it took approximately 30 minutes to place a long distance
telephone call from Roanoke to Richmond, and after listening to over 30 recordings
from the telephone company before his call was completed. He asked that City
Council inquire as to why the telephone monopoly cannot perform in a more
satisfactory manner.
Later during the meeting, the Mayor announced that his office had received
a telephone call from Senator George Allen's Office in which it was reported that any
citizen with a concern regarding telephone issues should contact the Senator's
Office to obtain the name of the appropriate State agency.
BUDGET-COMPLAINTS-HOUSING/AUTHORITY-CITY EMPLOYEES-WATER
RESOURCES: Mr. Robert Gravely, 617 Hanover Avenue, N. W., expressed concern
with regard to the water shortage, the high cost of housing in the City of Roanoke,
and Iow wages for City employees.
CITY MANAGER COMMENTS:
BUDGET-PARKS AND RECREATION: Council Member Cutler requested that
the City Manager report on the status of improvements to Booker T. Washington
Park; whereupon, the City Manager advised that approximately 12-18 months ago,
the City, in conjunction with residents of the Washington Park area, appointed a
committee to develop plans for improvements to Washington Park. She stated that
her commitment to the neighborhood was that if a plan could be developed that is
supported by the neighborhood and City staff, she would submit the plan to Council
with a recommendation that it receive the highest priority for park improvements.
She advised that the plan has been addressed for at least 12-18 months, an element
of which calls for an appropriate memorial to Booker T. Washington; the committee
recommended that the memorial be designed by a representative of the minority
community, however, there are procurement complications under the Virginia
Procurement Code, therefore, progress has been delayed on that particular aspect,
although the City continues to be willing to make funds available to assist in the
procurement of a design if certain issues are resolved. She called attention to
portions of the Booker T. Washington Park that were previously used as a landfill
site, and an engineer has been engaged to evaluate proposed plans for the
neighborhood, versus landfill conditions, and to address potential reuse of some of
the park areas before a public meeting is held. She stated that the Director of the
Department of Parks and Recreation has met with the Washington Park Committee
and made certain commitments in terms of time lines; and improvements are not
funded at this time, however, it is her commitment to bring the matter forward with
a recommendation that it be funded out of the first set of monies that have been
placed in the capital improvements plan for park improvements. She stated that
improvements which were included in the first phase of the parks and recreation
master plan are ongoing, although there have been some delays inasmuch as a
decision was made to design all rest room facilities for all of the parks according to
one design.
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL-CITY GOVERNMENT: The
City Manager advised that she appreciated the summary remarks of Council Member
Carder at the Council's Organizational Meeting earlier in the day in which he
referenced many good and lasting decisions and improvements that have taken
place in the Roanoke community over the past two years. She stated that Roanokers
have much to be proud of and much to celebrate on July 4th.
4O
PARKS AND RECREATION-SPECIAL EVENTS: The City Manager advised that
the 50th Anniversary of the Mill Mountain Zoo will be celebrated on July 4th at a
ceremony to be held at 10:00 a.m., on Mill Mountain. She stated that there are a
wealth of opportunities in the City of Roanoke for citizens to participate in special
events and Roanoke is a community that offers many opportunities for its residents.
BUDGET-CITY EMPLOYEES: In regard to earlier remarks of Mr. Robert
Gravely, the City Manager advised that in 2002, Council authorized a maximum rate
of pay for City employees at $8.00 per hour, therefore, no City employee earns less
than $8.00 per hour. She stated that pay ranges have been extended in the City's
Pay and Classification Plan in order to provide maximum opportunities.
At 4:50 p.m., the Mayor declared the meeting in recess to be reconvened in
Closed Session in the Council's Conference Room.
At 5:05 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding, and all Members of the Council attendance, with the exception of
Council Member Wyatt.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
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. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
NAYS: None .......................................................................................... 0.
(Council Member Wyatt was absent.)
COMMITTEES-COMMUNITY PLANNING: The Mayor advised that there is a
vacancy on the City Planning Commission, created by the resignation of Alfred T.
Dowe, Jr., and called for nominations to fill the vacancy.
4]
Mr. Bestpitch placed in nomination the name of Fredrick Williams.
There being no further nominations, Mr. Williams was appointed as a member
of the City Planning Commission, to fill the unexpired term of Alfred T. Dowe, Jr.,
resigned, ending December 31, 2004, by the following vote:
FOR MR. WILLIAMS: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................. 6.
(Council Member Wyatt was absent.)
COMMITTEES-CONVENTION AND VISITORS BUREAU: The Mayor advised that
the one-year term of office of Sunny Shah as a City representative to the Roanoke
Valley Convention and Visitors Bureau, Board of Directors, expired on June 30, 2002,
and called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Sunny Shah.
There being no further nominations, Mr. Shah was reappointed as a City
representative to the Roanoke Valley Convention and Visitors Bureau. Board of
Directors, for a term ending June 30, 2003, by the following vote:
FOR MR. SHAH: Council Members Bestpitch. Carder, Cutler, Dowe, Harris and
Mayor Smith ................................................................................................. 6.
(Council Member Wyatt was absent.)
HUMAN DEVELOPMENT-COMMITTEES: The Mayor advised that the terms of
office of Frank W. Feather and Pamela Kestner-Chappelear as members of the
Human Services Committee expired on June 30, 2002, and called for nominations
to fill the vacancies.
Mr. Bestpitch place in nomination the names of Frank W. Feather and Pamela
Kestner-Chappelear.
There being no further nominations, Mr. Feather and Ms. Chappelear were
reappointed as members of the Human Services Committee, for terms ending
June 30, 2003, by the following vote:
FOR MR. FEATHER AND MS. CHAPPELEAR: Council Members Bestpitch,
Carder, Cutler, Dowe, Harris and Mayor Smith ...................................................... 6.
(Council Member Wyatt was absent.)
COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the
term of office of Bill Tanger as a member of the Flood Plain Committee, expired on
June 30, 2002, and called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Bill Tanger.
There being no further nominations, Mr. Tanger was reappointed as a member
of the Flood Plain Committee, for a term ending June 30, 2003, by the following vote:
FOR MR. TANGER: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
(Council Member Wyatt was absent.)
Mr. Bestpitch moved that the City residency requirement be waived in this
instance. The motion was seconded by Mr. Carder and adopted.
COMMITTEES-WAR MEMORIAL: The Mayor advised that the terms of office
of Robert O. Gray, Harold H. Worrell, Sr., and Sloan H. Hoopes as members of the
War Memorial Committee, expired on June 30, 2002, and called for nominations to
fill the vacancies.
Mr. Bestpitch placed in nomination the names of Robert O. Gray, Harold H.
Worrell, Sr., and Sloan H. Hoopes.
There being no further nominations, Messrs. Gray, Worrell and Hoopes were
reappointed as members of the War Memorial Committee, for terms ending June 30,
2003, by the following vote:
FOR MESSRS. GRAY, WORREL, HOOPES: Council Members Bestpitch,
Carder, Cutler, Dowe, Harris and Mayor Smith ................................................... 6.
(Council Member Wyatt was absent.)
43
PARKS AND RECREATION-COMMITTEES: The Mayor advised that the terms
of office of E. C. Pace, III, Carl H. Kopitzke and William R. Dandridge as members of
the Mill Mountain Advisory Committee expired on June 20, 2002, and called for
nominations to fill the vacancies.
Mr. Bestpitch placed in nomination the names of Messrs. Pace, Kopitzke and
Dandridge.
There being no further nominations, Messrs. Pace, Kopitzke and Dandridge
were reappointed as members of the Mill Mountain Advisory Committee, for terms
ending June 30, 2003, by the following vote:
FOR MESSRS. PACE, KOPITZKE AND DANDRIDGE: Council Members
Bestpitch, Carder, Cutler, Dowe, Harris and Mayor Smith .................................. 6.
(Council Member Wyatt was absent.)
COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the
term of office of Susan W. Jennings as a member of the Roanoke Arts Commission
expired on June 30, 2002, and called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Susan W. Jennings.
There being no further nominations, Susan W. Jennings was reappointed as
a member of the Roanoke Arts Commission, for a term ending June 30, 2005, by the
following vote:
FOR MS. JENNINGS: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
(Council Member Wyatt was absent.)
COMMITTEES-YOUTH: The Mayor advised that the term of office of Jamaal
Jackson as a member of the Youth Services Citizens Board expired on May 31,2002,
and called for nominations to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Jamaal Jackson.
There being no further nominations, Mr. Jackson was reappointed as a
member of the Youth Services Citizens Board, for a term ending May 31,2005, by the
following vote:
44
FOR MR. JACKSON: Council Members Bestpitch, Carder, Cutler, Dowe, Harris
and Mayor Smith ............................................................................................ 6.
(Council Member Wyatt was absent.)
There being no further business, the Mayor declared the meeting adjourned
at 5:05 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
45
MINUTES OF ROANOKE CITY AUDIT COMMITTEE
August 5, 2002
1. CALL TO ORDER:
The meeting of the Roanoke City Audit Committee was called to order at 11:00 a.m. on
Monday, August 5, 2002, with Chair, Linda F. Wyatt, presiding.
The roll was called by Mrs. Powers
Audit Committee
Members Present:
Linda F. Wyatt, Chair
Mayor Ralph K. Smith
William H. Carder
Dr. M. Rubert Cutler
Alfred T. Dowe, Jr.
Others Present:
Drew Harmon, Municipal Auditor
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Rolanda Johnson, Asst. City Manager for Community Development
Evelyn W. Powers, Administrative Assistant
2. INTERNAL AUDIT REPORTS:
A. Parks & Recreation Part-Time Payroll
Mrs. Wyatt ordered that the financial related audit be received and filed. There were no
objections to the order. Mrs. Wyatt recognized Mr. Harmon for comments.
Mr. Harmon briefed the Committee on the Parks and Recreation Part-Time Payroll audit
report. Mr. Harmon reported that this area has been an area with long standing audit
concerns and that the employees have worked hard to strengthen the controls and
make the process more manageable and reliable. The City Manager, Darlene
Burcham, and the Audit Committee Chair, Linda Wyatt both agreed to send a letter of
appreciation to the department of Parks and Recreation commending them on their
improvements. There were no further comments or questions.
3. UNFINISHED BUSINESS:
There was no unfinished business to come before the Committee.
Audit Committee Minutes Page 2
4. NEW BUSINESS:
A. Engagement Letter- Roanoke City Public Schools
B. School Board May 14, 2002 Audit Committee Minutes
C. Roanoke City Council Audit Committee Annual Report- June 30, 2002
D. Municipal Auditing Annual Report- June 30, 2002
E. Municipal Auditing Annual Audit Plan - June 30, 2003
Mrs. Wyatt asked the Committee for a motion and a second regarding the School Board
Engagement Letter. The motion was made by Mr. Carder and seconded by Dr. Cutler
to concur with the School Board's approval of the Engagement Letter. The motion was
approved unanimously.
Mrs. Wyatt informed the Audit Committee that the School Board minutes were for
informational purposes only and that no action was needed from the Committee. There
were no comments or questions.
Mrs. Wyatt informed the Audit Committee that the Audit Committee's Annual Report and
the Municipal Auditing department's Annual Report would be placed on the Consent
Agenda at the August 19, 2002 City Council Meeting. There were no comments or
questions.
Mrs. Wyatt ordered that the Municipal Auditing Annual Audit Plan for fiscal year ending
June 30, 2003, be received and filed. There were no objections to the order.
Mr. Carder thanked Drew and his staff for a smooth and seamless transition during the
retirement of Mr. Bird. Mr. Carder said that he and others on the Audit Committee liked
the idea of the "show-up audits", and the proactive approach to auditing. He said that
the auditing department was doing an outstanding job.
5. OTHER BUSINESS:
A. Discussion on format to receive Audit Committee package - CD/paper
B. Discussion on format to receive information from Auditor - fax/e-mail
Mrs. Wyatt asked the Audit Committee how they would like to receive their Audit
Committee packages. She said that we could continue to send a paper package, or the
information on a CD like they receive their regular Council package. The Committee
agreed to have the Audit Committee information sent to them on a CD.
Audit Committee Minutes Page 3
Mrs. Wyatt asked the Audit Committee how they would like to receive information from
the Auditor. The members of the Audit Committee reported the following:
· Mr. Carder-e-mail
· Mrs. Wyatt- fax
· Dr. Cutler-e-mail
· Mr. Dowe - either e-mail or fax
· Mayor Smith- fax at home
Mrs. Wyatt reported for Mr. Bestpitch and Mr. Harris as follows:
· Mr. Harris - fax at home
· Mr. Bestpitch-e-mail
6. ADJOURNMENT:
There being no further business, the meeting was adjourned at 11:35 a.m.
' Linda F. Wyatt, Chair
Municipal Auditing
215 W. Church Avenue, Room 502
Roanoke, VA 24011-1517
¢s40! 8s3-2644
FAX (540) 853-6395
e-mail: auditor~i.roanoke.va.us
August 5, 2002
Honorable Mayor and City Council
Roanoke, Virginia
SUBJECT: Roanoke City Council Audit Committee Annual Report - June 30, 2002
Dear Members of City Council:
The purpose and function of the Audit Committee as stated in the City Code at Chapter 2-
298(b) is:
"The audit committee shall act in an advisory capacity to the council, the municipal
auditor, the director of finance and the city manager in matters relating to the city's
financial records and to that end shall have the right to have immediate access to all
records and reports relating to financial matters and transactions of the city or of matters
and things affecting such financial records. The council, any member thereof, the
municipal auditor, the director of finance and the city manager shall have the dght to
consult with and seek the advice of the audit committee on matters relating to the city's
financial records, but neither the committee nor any member shall have authority to act
for or to bind the city council, unless expressly authorized so to do by ordinance or
resolution of the council."
During the year ended June 30, 2002, the committee held five regular meetings. Each
member's attendance was:
Member
William H. Carder
C. Nelson Harris
W. Alvin Hudson
Mayor Ralph K. Smith
William White, Sr.
Linda F. Wyatt
Meetin,qs Attended Meetin,qs Absent
3 2
3 2
4 1
5 0
5 0
4 1
Roanoke City Council Audit Committee Annual Report
August 5, 2002
Page 2
The following is a summary of the committee's activity during the year:
· Reviewed and concurred with the annual plan presented by KPMG, the City's external
auditors.
· Reviewed and concurred with the Municipal Auditor's annual audit plan.
· Reviewed the independent accountant's report with representatives from KPMG and
City officials.
· Reviewed the internal audit reports with the Municipal Auditor and City officials.
Reviewed and concurred with the School Board on an Engagement Letter and an
annual plan for the Municipal Auditor to perform internal audits for Roanoke City Public
Schools.
· Reviewed an external quality control review prepared by the Virginia Local Government
Auditors Association peer review team.
· Furnished a copy of the minutes of each committee meeting to City Council and City
officials.
I ask that this report be made a part of the Council's consent agenda for August 19, 2002. If
you have questions, please do not hesitate to contact me.
Best personal regards to each of you.
Sincerely,
William White, Sr.
Chairman, Audit Committee
Municipal Auditing
215 W. Church Avenue, Room 502
Roanoke, VA 24011-1517
(sm) 8s3-2644
FAX (s40) 8s3..839s
e-mail: auditor{i~ci.roanoke.va.us
August 5, 2002
Annual Report of the Municipal Auditor
June 30, 2002
Honorable Mayor and City Council:
The goal of Municipal Auditing is to provide City Council and City administration with analyses,
appraisals, recommendations, counsel, and information concerning financial related activities
of the City. The office performs its audit work in accordance with generally accepted
government auditing standards promulgated by the Comptroller General of the United States.
In accordance with section 25.2 of the code of the City of Roanoke, I present the following
summary of the activities of the Municipal Auditing department for the fiscal year ending June
30, 2002.
Financial Audits - In support of maintaining the City's excellent financial reporting credibility
and ensuring compliance with statutory audit requirements, we:
· Coordinated the annual independent audit of the financial statements for the City of
Roanoke, the City Pension Plan, Roanoke City Public Schools, and the Greater
Roanoke Transit Company;
· Assisted the Virginia Auditor of Public Accounts in the annual audit of the Clerk of the
Circuit Court;
· Performed the annual financial audit of the Sheriff's Jail Inmate and Canteen Funds.
Financial Related Audits - To provide reasonable assurance to the City Council, City
Administration, and the Citizens of Roanoke that the City Organization's internal control
systems are functioning effectively to prevent inaccuracies, irregularities, or willful
manipulations, we completed the following audits:
· Police Department Cash Funds
· Meter Replacement
· Audit Findings Follow-Up
· Purchasing Cards
· Retirement
· Parks & Recreation - Part-time Payroll
Performance Audits - To provide reasonable assurance that internal controls are functioning
effectively in relationship to: (1) acquiring, protecting, and using its resources (such as
personnel, property, and space) economically and efficiently, (2) achieving the desired
Annual Report of the Municipal Auditor
August 5, 2002
Page 2
program results and benefits, and (3) complying with significant laws and regulations
applicable to a program we performed the following performance audits:
· Fire EMS--Fuel Management
· Information Center
· Facilities Management- Custodial Services
· Fleet Management
· Fire EMS- Fire Marshal
· Solid Waste Management-Tipping Fees
· Critical Data Applications
· City Leases
· Planning and Zoning
Unscheduled Audits - We initiated unscheduled audit work during the year based on
requests from management, results of other planned assignments, and information provided
by concerned citizens. These assignments involved some combination of data analysis,
testing, controls evaluation, and reviews of compliance with laws and regulations. We
performed the following unscheduled audits:
· Parking Garages- AIIright Parking
· Police Department D.A.R.E. Account
· Payroll - Compensatory Time
· Fleet Management- Parts
· City Market Building
· Business Continuity Planning
· Central Warehouse
· Purchasing - Contracts
· Personal Property Assessments
· Solid Waste Management - Cost Accounting
· Economic Development- SJC Agreement
· Records Management
School Board - We provided the equivalent of one full time internal auditor to the Roanoke
City Public School System. This work was done according to the plan presented to the School
Board Audit Committee November 14, 2001. The results of each audit were reported in writing
to the School Board Audit Committee in a public meeting.
· Student Activity Funds
· Student Information Systems
· Payroll Time and Attendance
· Transportation (To be reported in September 2002)
Office Administration - We performed a number of administrative tasks to ensure the
department complied with government auditing standards and to promote continuous
improvements in performance. One of our major goals was to complete a comprehensive
revision of our policies and procedures manual, including our methodology and standard work
papers. We completed this revision in time for our regularly scheduled peer review. Another
Annual Report of the Municipal Auditor
August 5, 2002
Page 3
of our major goals was to prepare for the peer review in the hopes of obtaining an opinion of
being fully compliant with government auditing standards. We received a fully compliant
opinion in June of this year, making Roanoke one of a handful of local auditing departments
nationally that have successfully undergone four peer reviews. Other initiatives we completed
were:
· Development of department performance measures
· Development of department website
· Development of ACL applications (data mining)
· Revision and expansion of our office database for time reporting, findings follow-up, and
work paper inventory
Staff development is a critical component to our success as a department. Designations
earned by the staff in the past year include one Certified Public Accountant, one Certified
Government Auditing Professional, and one Certified Administrative Professional. Two other
staff members took the May CPA exam but will not know the results until later in August.
Another staff member is taking course work towards an Associates degree in Information
Technology (20 hours completed) and has taken the exam to become a Certified Information
System's Auditor. The results of her exam are also due later in August. Another staff member
is taking course work towards a Masters in Business Administration (9 hours completed).
We were unable to complete all of the assignments in our audit plan for fiscal year 2002 due to
the significant amount of unscheduled audit work we performed. The Utility Lines Services
audit is currently in progress and is the only audit assignment remaining unreported. We had
hoped to develop a long-term plan for information technology audits and now expect that to be
completed in the 2003 plan. We had also wanted to develop workshops to educate employees
about the purpose and importance of internal controls, that too will be moved into the 2003
plan.
In conclusion, I want to thank each of you on Council for the unwavering support you've given
our department throughout the year. It is my hope that this report has provided each of you
with a comfortable level of confidence that the Auditing department is doing the job you expect
of it and that we are doing it well. We look forward to working with each of you again in the
coming year.
Respectfully,
Drew Harmon, CPA, CIA
Municipal Auditor
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #15-51-110
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Linda R. Leedy, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Leedy:
This is to advise you that Diana B. Sheppard has qualified as a member of the Board of
Zoning Appeals, for a term ending December 31,2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Diana B. Sheppard, 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 Board of Zoning Appeals for a term ending
December 31,2005, according to the best of my ability.
Subscribed and sworn to before me this ~ day of ~~-~002.
ARTHUR B. CRUSH, III, CLERK
BY
__,DEPUTYCLERK
N:\CKMHlV~genda.02~August 5, 2002.Oaths.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@ci.roanoke.va, us
August 21,2002
File #15-110-467
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. F. B. Webster Day
1365 Hidden View Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Day:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
August 19, 2002, you were appointed as a Trustee 'of the Roanoke City School Board to
fill the unexpired term of Sherman P. Lea, resigned, ending June 30, 2003.
Please find enclosed a Certificate of your appointment. Your Oath of Office has been
forwarded to Cindy H. Lee, Clerk, Roanoke City School Board.
Pursuant to Section 2.2-3700, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
On behalf of the Mayor and Members of the Roanoke City Council, thank you for your
willingness to serve the City of Roanoke as a Trustee of the Roanoke City School Board.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pc: Cindy H. Lee, Clerk, Roanoke City School Board
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 19th day of August, 2002, F. B. WEBSTER DAY was
appointed as a Trustee of the Roanoke City School Board to fill the unexpired term of
Sherman P. Lea, resigned, ending June 30, 2003.
Given under my hand and the Seal of the City of Roanoke this 21th day of
August, 2002.
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 2002
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Donald S. Caldwell, Commonwealth's
Attorney in which he is requesting ten minutes to do a presentation of the Cost
Collection Department's results at the regular meeting of City Council on
Monday, August 19, 2002.
Sincerely,
Darlene L. Burcham
City Manager
DLB:sm
C~
City Attorney
Director of Finance
City Clerk
DONALD S. CALDWFI L
COMMON\,VEALTH'S ATTORNEY
GOi, oNWEALTH- OF V R61Ni&
CITY OF ROANOKE
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CHURCH AVENUE
ROANOKE, VIRGINIA 24016
AREA CODE 540 TEL. NO. 853-2626
FAX 853-1201
August 19, 2002
Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Subject: Cost Collections Unit
Dear Mayor Smith and Members of City Council:
Please reserve approximately ten minutes at the August 19,
2002 Council Meeting, for the Commonwealth's Attorney to do a short
presentation of the Cost Collection Department's results for the
2001-2002 Fiscal Year.
Thank you for your assistance with this request.
Sincerely,
Donald S. ~
Commonwealth' s Attorney
DSC/rpm
CITY OF ROANOKE
COST COLLECTIONS UNIT
Fiscal Year 2001 - 2002
Page: INDEX
1 - Summary of Cost Collection Effort for Fiscal Year 2001-2002
2 - Four-Year Comparison of Cost Collection Effort
3 - Chart: Four-Year Comparison of Cost Collection Results for Roanoke City
4 - Four-Year Comparison of General District Court Delinquent Collections
5 - Chart: General District Court 4-Year Comparison
6 - Four-Year Comparison of Circuit Court Delinquent Collections
7 - Chart: Circuit Court 4-Year Comparison
8 - Four-Year Comparison of Juvenile & Domestic Court Delinquent Collections
9 - Chart: Juvenile & Domestic Court 4-Year Comparison
SUMMARY OF COST COLLECTION EFFORT
FOR FISCAL YEAR 2001 - 2002
Total Delinquent Referred
Total Delinquent Collected
% of Total Delinquent Referred
State
% of Total Delinquent Collected
Local
% of Total Delinquent Collected
GENERAL JUVENILE
DISTRICT CIRCUIT & DOMESTIC
COURT COURT COURT
$462,281.86 $404,928.50 $53,704.97
378,544.17 146,880.14 20,629.71
81.89% 36.27% 38.41%
316,524.08 128,513.06 18,887.54
83.62% 87.50% 91.56%
62,020.09 18,367.08 1,742.17
16.38% 12.50% 8.44%
TOTALS
FOR ALL
$920,915.33
546,054.02
59.29%
463,924.68
84.96%
82,129.34
15.04%
35% from State
35% from City
35% to Cost Collections from
Total Delinquent Collected
BUDGET EXPENDITURE
EXCESS REVENUE
SPLIT 50150 WITH STATE
COLLECTION FEE
BREAKDOWN
11,402.66 44,975.51 6,683.65
21,681.54 6,431.42 575.25
33,084.20 51,406.93 7,258.90
40,746.30 15,739.23 2,222.45
92,337.90 35,667.70 5,036.45
46,168.95 17,833.85 2,518.23
YEAR-END RESULTS FOR ROANOKE CITY
LOCAL DELINQUENT COLLECTED
MINUS 35% COLLECTION FEE
PLUS SPLIT
TOTAL REVENUE TO LOCALITY
62,020.09 18,367.08 1,742.17
21,681.54 6,431.42 575.25
40,338.55 11,935.66 1,166.92
46,168.95 17,833.85 2,518.23
$86,507.50 $29,769.51 $3,685.15
ADDITIONAL INCOME TO CITY ($119,962.16 - 82,129.34)
The ACTUAL COST OF COLLECTION is the Budget Expenditure
of $58,707.98 which results in a Collection Cost Percentage of
28688.21
- 10.75%
Page I
FOUR-YEAR COMPARISON OF COST COLLECTION EFFORT
Total Delinquent Referred
Total Delinquent Collected
% of Total Delinquent Referred
State Delinquent Collected
% of Total Delinquent Collected
Local Delinquent Collected
% of Total Delinquent Collected
FY FY FY FY
1998-99 1999-00 2000-01 2001-02
878,853.44 789,240.01 976,491.52 920,915.33
489,761.64 523,726.92 492,683.87 546,054.02
55.73% 66.36% 50.45% 59.29%
408,912.46 437,019.82 415,453.39 463,924.68
83.49% 83.44% 84.32% 84.96%
80,849.18 86,707.10 77,230.48 82,129.34
16.51% 16.56% 15.68% 15.04%
35% from State
35% from City
35% to Cost Collections from
Total Delinquent Collected
BUDGET EXPENDITURE
EXCESS REVENUE
SPLIT 50150 WITH STATE
COLLECTION FEE BREAKDOWN
139,438.09 150,259.92 142,482.22
27,565.14 29,795.63 29.028.33
167,003.23 180,055.55 171,510.55
163,061.82
28.688.21
191,750.03
64,446.46 56,814.19 56,869.30 58,707.98
102,556.77 123,241.36 114,641.25 133,042.05
51,278.39 61,620.68 57,320.63 66,521.03
YEAR-END
LOCAL DELINQUENT COLLECTED
MINUS 35% COLLECTION FEE
PLUS SPLIT WITH STATE
TOTAL REVENUE TO LOCALITY
ADDITIONAL INCOME/LOSS
TO CITY
RESULTS FOR ROANOKE CITY
80,849.18 86,707.10 77,230.48 82,129.34
27,565.14 29,795.63 29,028.33 28,688.21
53,284.04 56,911.47 48,202.15 53,441.13
51,278.39 61,620.68 57,320.63 66,521.03
104,562.43 118,532.15 105,522.78 119,962.16
$23,713.25 $31,825.05 $28,292.30 $37,832.81
29.33% 36.70% 36.63% 46.06%
Page 2
140
120
100
FOUR-YEAR COMPARISON Of COST COLLECTION RESULTS FOR ROANOKE CITYI
FISCAL YEAR
,m GROSS DELINQUENTCOLLECTED
,ffi, COLLECTION FEE
~, NET DELINQUENTCOLLECTED
o SPLITOF EXCESS REVENUE
· 1, TOTAL REVENUE TO LOCALITY
1998-99 1999-00 2000-01 2001-02
$80,849.18 $86,707.10 $77,230.48 $82,129.34
27.565.14 29,795.63 29.028.33 28.688.21
53,284.04 56,911.47 48,202.15 ,53,441.13
51.278.39 61.620.68 57.320.63 66.,521.03
$104,562.43 $118,532.15 $105,522.78 $119,962.16
GROSS DELINQUENT COLLECTED
MINUS COLLECTION FEE
NET DELINQUENT COLLECTED
PLUS SPLIT OF EXCESS REVENUE
TOTAL REVENUE TO LOCALITY
FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS
in ROANOKE CITY GENERAL DISTRICT COURT
Total Delinquent Referred
Total Delinquent Collected
% of Total Delinquent Referred
State Delinquent Collected
% of Total Delinquent Collected
Local Delinquent Collected
% of Total Delinquent Collected
FY FY FY FY
1998-99 1999-00 2000-0~ 2001-02
484,534.32 354,893.66 467,339.27 462,281.86
346,101.30 365,366.18 325,157.94 378,544.17
71.43% 102.95% 69.58% 81.89%
285,467.18 300,839.40 267,484.62 316,524.08
82.48% 82.34% 82.26% 83.62%
60,634.12 64,526.78 57,673.32 62,020.09
17.52% 17.66% 17.74% 16.38%
35% from State
35% from City
35% to Cost Collections from
Total Delinquent Collected
BUDGET EXPENDITURE
EXCESS REVENUE
SPLIT $0150 WITH STATE
COLLECTION FEE BREAKDOWN
97,416.29 103,210.63 92,149.52 111,402.66
20,691.53 22,137.56 20,294.28 21,681.54
118,107.82 125,348.19 112,443.80 133,084.20
45,577.75 39,551.99 37,284.00 40,746.30
72,530.07 85,796.20 75,159.80 92,337.90
36,265.04 42,898.10 37,579.90 46,168.95
YEAR-END RESULTS FOR ROANOKE CITY
LOCAL DELINQUENT COLLECTED
MINUS 35% COLLECTION FEE
PLUS SPLIT WITH STATE
TOTAL REVENUE TO LOCALITY
60,634.12 64,526.78 57,673.32 62,020.09
20,691.53 22,137.56 20,294.28 21,681.54
39,942.59 42,389.22 37,379.04 40,338.55
36,265.04 42,898.10 37,579.90 46,168.95
76,207.63 85,287.32 74,958.94 86,507.50
Page 4
2a3o
200o
15oo
lOOO
General District Court 4-Year ComparisonI
State and Local Fines & Costs
m Total Paid
[] Total Timely Payments
~ Total Referred
[] Total Collected
1998-99
2,222,953
1,876,852
484,534
346,101
71.43%
1999-00
2,259,586
1,894,220
354,894
365,366
102.95%
2000-01
2,169,675
1,844,517
467,339
325,158
69.58%
2001-02
2,343,674
1,965,130
462,282
378,544
81.89%
Total Paid
Total Timely Payments
Total Referred
Total Collected
% Collected
FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS
in ROANOKE CITY CIRCUIT COURT
Total Delinquent Referred
Total Delinquent Collected
% of Total Delinquent Referred
State Delinquent Collected
% of Total Delinquent Collected
Local Delinquent Collected
% of Total Delinquent Collected
FY FY FY FY
1998-99 1999-00 2000-01 2001-02
347,258.70 380,567.31 454,322.90 404,928.50
128,386.99 139,585.91 147,709.87 146,880.14
36.97% 36.68% 32.51% 36.27%
109,275.46 119,023.89 129,846.42 128,513.06
85.11% 85.27% 87.91% 87.50%
19,111.53 20,562.02 17,863.45 18,367.08
14.89% 14.73% 12.09% 12.50%
35% from State
35% from City
35% to Cost Collections from
Total Delinquent Collected
BUDGET EXPENDITURE
EXCESS REVENUE
SPLIT 50150 WITH STATE
COLLECTION FEE BREAKDOWN
37,118.29 41,057.38 43,697.66 44,975.51
6,491.73 7,092.89 8,047.01 6,431.42
43,610.02 48,150.27 51,744.67 51,406.93
16,829.08 15,193.19 17,157.45 15,739.23
26,780.94 32,957.08 34,587.22 35,667.70
13,390.47 16,478.54 17,293.61 17,833.85
YEAR-END
LOCAL DELINQUENT COLLECTED
MINUS 35% COLLECTION FEE
PLUS SPLIT WITH STATE
TOTAL REVENUE TO LOCALITY
RESULTS FOR ROANOKE CITY
19,111.53 20,562.02 17,863.45 18,367.08
6,491.73 7,092.89 8,047.01 6,431.42
12,619.80 13,469.13 9,816.44 11,935.66
13,390.47 16,478.54 17,293.61 17,833.85
26,010.27 29,947.67 27,110.05 29,769.51
Page 6
100o
Circuit Court 4-Year Comparison
State and Local Fines & Costs
m Total Paid
[] Total Timely Payments
m Total Referred
[] Total Collected
1998-99 1999-00 2000-01 2001-02
753,999 734,237 738,153 806,919
625,612 594,652 590,443 660,039
347,259 380,567 454,323 404,929
128,387 139,586 147,710 146,880
36.97% 36.68% 32.51% 36.27%
Total Paid
Total Timely Payments
Total Referred
Total Collected
% Collected
FOUR-YEAR COMPARISON OF DELINQUENT COLLECTIONS
in ROANOKE CITY JUVENILE & DOMESTIC COURT
Total Delinquent Referred
Total Delinquent Collected
% of Total Delinquent Referred
State Delinquent Collected
% of Total Delinquent Collected
Local Delinquent Collected
% of Total Delinquent Collected
FY FY FY
1998-99 1999-00 2000-01
47,060.42 53,779.04 54,829.35
15,273.35 18,774.83 19,816.06
32.45% 34.91% 36.14%
14,169.82 17,156.53 18,122.35
92.77% 91.38% 91.45%
1,103.53 1,618.30 1,693.71
7.23% 8.62% 8.55%
FY
53,704.97
20,629.71
38.41%
18,887.54
91.56%
1,742.17
8.44%
35% from State
35% from City
35% to Cost Collections from
Total Delinquent Collected
BUDGET EXPENDITURE
EXCESS REVENUE
SPLIT 50150 WITH STATE
COLLECTION FEE BREAKDOWN
4,903.51 5,991.90 6,635.04 6,683.65
381.88 565.19 687.04 575.25
5,285.39 6,557.09 7,322.08 7,258.90
2,039.63 2,069.00 2,427.85 2,222.45
3,245.76 4,488.09 4,894.23 5,036.45
1,622.88 2,244.05 2,447.12 2,518.23
YEAR-END
LOCAL DELINQUENT COLLECTED
MINUS 35% COLLECTION FEE
PLUS SPLIT WITH STATE
TOTAL REVENUE TO LOCALITY
RESULTS FOR ROANOKE CITY
1,103.53 1,618.30 1,693.71 1,742.17
381.88 565.19 687.04 575.25
721.65 1,053.11 1,006.67 1,166.92
1,622.88 2,244.05 2,447.12 2,518.23
2,344.53 3,297.16 3,453.79 3,685.15
Page 8
10o
20
Juvenile & Domestic RelatiOnSstate and LocaIDistrictFines & costsC°urt 4-Year ComparisonI
i Total Paid
[] Total Timely Payments
[] Total Referred
[] Total Collected
1998-99 1999-00 2000-01 2001-02
72,121 78,169 63,676 73,709
56,848 59,394 43,860 53,079
47,060 53,779 54,829 53,705
15,273 18,775 19,816 20,630
32.45% 34.91% 36.14% 38.41%
Total Paid
Total Timely Payments
Total Referred
Total Collected
% Collected
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #60-133-236-502
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Donald S. Caldwell
Commonwealth's Attorney
Roanoke, Virginia
Dear Mr. Caldwell:
lam attaching copy of Resolution No. 36021-081902 authorizing acceptance of Grant
No. 03-18554VW02 made to the City of Roanoke by the Commonwealth of Virginia
Department of Criminal Justice Services for a Victim/Witness Assistance Program, in the
amount of $102,338.00, with a local cash match of $25,671.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
Jill L. Sexton, Victim Witness Coordinator
H:~Agenda.02~ugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36021-081902.
A RESOLUTION authorizing the acceptance of Grant No. 03-I8554VW02 made to the
City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for
a Victim/Witness Assistance Program and authorizing the execution and filing by the City
Manager of the conditions of the grant and other grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the offer made by the Commonwealth of
Virginia Department of Criminal Justice Services of Grant No.03-I8554VW02 in the amount of
$102,338 for Fiscal Year 2002-03 for a Victim/Witness Assistance Program.
2. The local cash match for Fiscal Year 2002-03 shall be in the amount of $25,671.
3. The City Manager is hereby authorized to accept, execute and file on behalf of the
City any documents setting forth the conditions of Grant No. 03-I8554VW02.
4. 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
acceptance of the foregoing grant or with such project.
ATTEST:
City Clerk.
CITY OF R O 4NOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #60-133-236-502
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. 36020-081902 amending and reordaining cedain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$102,338.00, with a local cash match of $25,671.00, in connection with a Victim/Witness
Assistance Grant from the Department of Criminal Justice 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
Jill L. Sexton, Victim Witness Coordinator
H:~Agenda.02~ugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36020-081902.
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:
Appropriations
Judicial Administration
Victim Witness Grant FY03 (1-16) ............................................................
Revenues
$ 1,078,900
128,009
Judicial Administration
Victim Witness Grant FY03 (17-18) .........................................................
1) Regular Employee Salaries
2) City Retirement
3) ICMA Retirement
4) ICMA Match
5) FICA
6) Medical Insurance
7) Dental Insurance
8) Disability Insurance
9) Telephone
10) Administrative Supplies
11) Dues and Memberships
12) Training and Development
13) Printing
14) Postage
15) ClS - Personal Computer
Rental/Maintenance
16) Management Services
17) State Grant Receipts
18) Local Match
(035-150-5126-1002) $ 92,614
(035-150-5126-1005) 3,824
(035-150-5126-1115) 2,946
(035-150-5126-1116) 1,950
(035-150-5126-1120) 7,460
(035-150-5126-1125) 9,068
(035-150-5126-1126) 636
(035-150-5126-1131 ) 259
(035-150-5126-2020) 240
(035-150-5126-2030) 1,289
(035-150-5126-2042) 275
(035-150-5126-2044) 4,368
(035-150-5126-2075) 200
(035-150-5126-2160) 2,400
(035-150-5126-7007) 240
(035-150-5126-7015) 240
(035-150-5126-5126) 102,338
(035-150-5126-5127) 25,671
$ 1,078,900
128,009
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 MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable W. D. "Bill" Bestpitch, Council Member
Honorable William H. Carder, Vice Mayor
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 the Roanoke City
Victim Program Grant
I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney,
for the City of Roanoke, with respect to the subject reference above and recommend
that City Council accept the funding for the Roanoke City Victim Program Grant.
Sincerely,
City Manager
DONALD S. CALDWELL
COMMONWEALTH'S ATTORNEY
Go]Vlb4oNWEALTI+ OF VIRGINIA.
CITY OF ROANOKE
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CHURCH AVENUE
ROANOKE, VIRGINIA 24016
AREA COD[ 540 TEL. NO. 853-2626
FAX 853-1201
Roanoke City Council
Regular Agenda Report
August19,2002
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 the Roanoke City Victim Program Grant
Background:
The Victim/VVitness Assistance Program has been awarded a twelve month $102,338 grant
(#03-18554VW02) for July 2002 through June 2003. The grant from the Department of
Criminal Justice Services (DCJS) will allow the Victim/VVitness Assistance Program to
continue to provide comprehensive information and direct services to crime victims and
witnesses in accordance with the Virginia Crime Victim and Witness Rights Act.
The VictimANitness Program continues to operate with a full-time coordinator for the Circuit
Court, as well as one full time assistant for the Juvenile and Domestic Relations Court and
one full-time assistant for the General District Court. A summary of FY 98-99, 99-00, 00-01
and 01-02 contacts documents the services of the program (see Attachment A).
The Victim/VVitness Program is coordinated by the Office of the Commonwealth's Attomey.
Considerations:
The cost to the City for Grant #03-18554VW02 would be $25,671 as a local cash match for
a total grant budget of $128,009. The local cash match is equal that of FY 2001-2002. It is
included in the General Fund FY 2002-2003 adopted budget in the Transfer to Grant Fund
Account.
Recommendations:
City Council accept the Victim/Witness Grant #03-18554VW02 for $102,338 with the City of
Roanoke providing $25,671 as a local cash match from the monies provided in the
Transfer to Grant Fund Account in the FY 02-03 budget for a total grant of $128,009.
Authorize the City Manager to sign and execute all appropriate documents to obtain Grant
#03-18554VW02. Budget funding in the amount of $128,009 in revenue accounts to be
established in the Grant Fund by the Director of Finance. Appropriate funding in the
amount of $128,009 to the expenditure accounts listed in Attachment B.
DSC:jls
pc:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse ^. Hall, Director of Finance
Mary F. Parker, City Clerk
Director of Community Development
Victim Witness Coordinator
Commonwealth's Attorney
10.
11.
Service
ATTACHMENT A
Victim Witness Assistance Program
Service Summary
Total Victims Contacted
Total Witnesses Contacted
Case Disposition, Case Status
& Advance Notice of Proceedings
Intercession with Schools
or Employers
Crisis Intervention
Referral to Criminal Injuries
Compensation Fund
Restitution Payment Assistance
Explanation of Steps in Criminal
Justice System and Criminal Justice
Process Options
Courtroom Tours or Explanations
Criminal Justice Process Support
Notification Services & Explanation
FY FY FY FY
98~9 99-00 00-01 01-02
1059 990 580 991
120 141 164 237
3,990 3,586 1,903 3,454
17 11 9 18
149 118 37 41
388 315 245 315
1,373 1,233 996 1,538
1,389 1,465 802 1,336
502 495 202 322
693 659 360 489
Regarding Prisoner Custody Status 88 136 56 94
12. Protection Services & Explanations 622 388 268 277
13. Appeal/Habeas Corpus Services 6 14 13 20
14. Educational Brochures Given 2,495 2,530 1,364 2,592
15. Amount of Restitution Collected $91,661 $92,754 $76,347 $101,210
16. Amount of Compensation Awarded
to Victims from the Criminal Injuries
Compensation Fund
$52,903 $23,507 $72,217 $106,432
Statistics listed on this page reflect some of the services being counted by the Victim Witness Program as
required by the Department of Criminal Justice Services.
ATTACHMENT B
PROGRAM BUDGET
1002
1105
1115
1116
1120
1125
1126
1130
1131
2020
2030
2042
2044
2075
2160
7007
7015
Regular Employee Salaries
City Retirement
ICMA Retirement
ICMA Match
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Telephone
Administrative Supplies
Dues and Memberships
Training and Development
Printing
Postage
CIS - Personal Computer
Rental/Maintenance
Management Services
TOTAL
$ 92,614
$ 3,824
$ 2,946
$ 1,950
$ 7,460
$ 9,068
$ 636
$ o
$ 259
$ 240
$ 1,289
$ 275
$ 4,368
$ 200
$ 2,40O
$ 240
$ 240
$128,009
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #60-76-133-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Donald S. Caldwell
Commonwealth's Attorney
Roanoke, Virginia
Dear Mr. Caldwelh
I am attaching copy of Resolution No. 36023-081902 authorizing acceptance of funding
for the Regional Drug Prosecutor's Office from the Compensation Board of the
Commonwealth of Virginia for the period July 1, 2002 through June 30, 2003, in the
amount of $91,615.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc;
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
H¢,Agenda.02~,August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36023-081902.
A RESOLUTION authorizing the acceptance of funding for the regional drug
prosecutor's office from the Compensation Board of the Commonwealth of Virginia and
authorizing the acceptance, execution and filing of appropriate documents to obtain such funds.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke hereby accepts the funding for the regional drug
prosecutor's office in the total amount of $91,615 from the Compensation Board of the
Commonwealth of Virginia for the period of July 1, 2002, through June 30, 2003.
2. The City Manager is hereby authorized to accept, execute and file on behalf of the
City of Roanoke any and all documents required to obtain such funding.
3. The local cash match for Fiscal Year 2002-2003 shall be in the amount of
$21,941.
4. The City Manager is further directed to furnish such additional information as
may be required in connection with the acceptance of the foregoing funding or with such project.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #60-76-133-236
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. 36022-081902 amending and reordaining certain
sections of the 2002-03 General and Grant Funds Appropriations, providing for
appropriation of $91,615.00, in connection with a Drug Prosecutor Grant from the
Compensation Board; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.02'~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36022-081902.
AN ORDINANCE to amend and reordain cedain 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
Appropriations
Nondepartmental
Transfer to Other Funds (1) ......................................................................
Contingency (2) ........................................................................................
Grant Fund
Appropriations
$ 69,600,968
68,618,407
490,619
Judicial Administration
Regional Drug Prosecutor FY03 (3-18) ...................................................
Revenues
$ 1,019,023
113,556
Judicial Administration
Regional Drug Prosecutor FY03 (19-20) .................................................
1) Transferto Grant Fund (001-250-9310-9535) $ 9,381
2) Contingency (001-300-9410-2199) (9,381)
3) Regular Employee Salaries (035-150-5135-1002) 74,300
4) City Retirement (035-150-5135-1105) 4,725
5) ICMA Match (035-150-5135-1116) 1,300
6) FICA (035-150-5135-1120) 5,783
7) Medical Insurance (035-150-5135-1125) 5,496
8) Dental Insurance (035-150-5135-1126) 404
9) Life Insurance (035-150-5135-1130) 728
10) Disability Insurance (035-150-5135-1131 ) 208
11 ) Telephone (035-150-5135-2020) 2,000
$ 1,019,023
113,556
12) Telephone - Cellular
13) Administrative Supplies
14) Publications and Subscriptions
15) Dues and Memberships
16) Printing
17) Postage
18) Other Rental
19) State Grant Receipts
20) Local Match
(035-150-5135-2021 )
(035-150-5135-2030)
(035-150-5135-2040)
(035-150-5135-2042)
(035-150-5135-2075)
(035-150-5135-2160)
(035-150-5135-3075)
(035-150-5135-5107)
(035-150-5135-5108)
3OO
8,512
2OO
· 400
3OO
500
8,400
91,615
21,941
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 C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable W. D. "Bill" Bestpitch, Council Member
Honorable William H. Carder, Vice Mayor
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 Funding for Drug
Prosecutor
I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney,
for the City of Roanoke, with respect to the subject reference above and recommend
that City Council accept the funding for the Drug Prosecutor.
Sincerely,
City Manager
DONALD S. CALDWELL
COMMONWEALTH'S ATTORNEY
GOb,IMoNWEALTI+ OF VIRGINiAr
CITY OF ROANOKE
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CHURCH AVENUE
ROANOKE, VIRGINIA 24016
AREA CODE 540 TEL. NO. 853-2626
FAX 853-1201
August 19, 2002
Honorable, Mayor Ralph 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: Acceptance of Funding for Drug Prosecutor
Federal funding was made available to the State of Virginia to be used for the development of
several Multi-Jurisdictional Special Drug Prosecutors statewide. The positions were developed to
coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate
prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to
assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to
the regional drug enforcement effort. The Commonwealth's Attorneys of Craig County, Franklin
County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the
Commonwealth's Attorneys' Services Council, the State agency responsible for the administration
of the grant money to fund a Multi-Jurisdictional Special Drug Prosecutor. City Council accepted
the Multi-Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug
Prosecutor was hired in July, 1988.
On April 15, 1994, funding for the Drug Prosecutor's Office was transferred from the
Commonwealth's Attorneys' Services Council to the Compensation Board. The Compensation
Board approved funding for the Drug Prosecutor in the amount of $91,615 on April 30, 2002, and
funding will continue through June 30, 2003. The local share cost is $21,941, for a total of
$113,556. Funding for the local share is budgeted in two separate accounts - Transfer to Grant
Funds (001-250-9310-9535 - $12,560) and Contingency (001-300-9410-2199 - $9,381 ). Annual
re-application for funding will be required.
Honorable Mayor and Members of Council
August 19, 2002
Page 2
Recommended Action(s):
Accept funding from the Compensation Board in the amount of $91,615, with Roanoke providing
local share funding in the amount of $21,941. Authorize the City Manager to execute the requisite
documents to obtain the funding from the Compensation Board. Authorize the Director of Finance
to establish revenue estimates in the amount of $113,556 in the Grant Fund and appropriate
funding to the expenditure accounts listed in Attachment 1.
Respectfully submitted,
Donald S. Caldwell
Roanoke City Commonwealth's Attorney
DSC:msh
Attachment
C;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
1002
1105
1115
1120
1125
1126
1130
1131
2020
2021
2030
2040
2042
2075
2160
3075
Attachment 1
Program Accounts
Regular Employee Salaries
ICMA - Retirement
ICMA - Match
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Telephone
Telephone-Cellular
Administrative Supplies
Public. & Subscr.
Dues & Membership
Printing
Postage
Other Rental
TOTAL
$74,300
$ 4,725
$ 1,300
$ 5,783
$ 5,496
$ 404
$ 728
$ 208
$ 2,000
$ 300
$ 8,512
$ 200
$ 40o
$ 300
$ 500
$ 8,400
$113,556
CITY OF ROANOKE
Office of the City clerk
Mary F. Parker, CMC
City Clerk
August 21, 2002
File #60-133
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. 36024-081902 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of funds in
connection with cash assets forfeited to the Commonwealth Attorney's Office; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
N:\CKMHlXAgenda.02~August 19, 2002 correspondence.wpd
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36024-081902.
AN ORDINANCE to amend and reordain cedain 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:
Appropriations
Judicial Administration
Forfeited Criminal Assets (1-5) ..............................
$ 973,371
161,632
Revenues
Judicial Administration
Forfeited Criminal Assets (6-7) ...............................
$ 973,371
161,632
1 ) Telephone-Cellular
2) Administrative Supplies
3) Expendable Equipment
<$5,000
4) Training and Development
5) DOT-Personal Computer
Rental/Maintenance
6) Federal Forfeiture Subsidy
7) Federal Asset Forfeiture -
I nte rest
(035-150-5140-2021 )
(035-150-5140-2030)
(035-150-5140-2035)
(035-150-5140-2044)
(035-150-5140-7007)
(035-150-5140-7107)
(035-150-5140-7275)
$ 5,O0O
4,980
4,000
2,000
6,500
21,922
558
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 MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August19,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable W. D. "Bill" Bestpitch, Council Member
Honorable William H. Carder, Vice Mayor
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:
Cash Assets Forfeited to the
Roanoke Commonwealth
Attorney's Office
I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney,
for the City of Roanoke, with respect to the subject reference above and recommend
that City Council authorize the Director of Finance to increase revenue estimate.
Sincerely,
Darlene L~
City Manager
DONALD S. CALDWELL
COMMONWEALTH'S ATTORNEY
GoHHONWEALTI+ OF VIRGINIA..
CITY OF ROANOKE
OFFICE OF THE COMMONWEALTH'S ATTORNEY
315 CHURCH AVENUE
ROANOKE, VIRGINIA 2401 6
AREA CODE 540 TEL. NO. 853-2626
FAX 853-1201
August19,2002
Honorable, Mayor Ralph 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:
Cash Assets Forfeited to the Roanoke Commonwealth
Attorney's Office
In an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal
government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could
be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime.
In July, 1991, Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took
effect, providing that forfeited criminal assets may be returned to local police and prosecutors for use in the
fight against crime.
Periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of
the Commonwealth's Attorney to be used for criminal law enforcement efforts.
In August, 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's
Attorney was established with an appropriation of $25,000.
Considerations:
Since August, 1991, the Office of the Commonwealth's Attorney has expended the $25,000 originally
appropriated, and periodically receives additional funds from the state's asset sharing program. Grant
requirements include that these funds be placed in an interest bearing account and the interest earned be
used in accordance with program guidelines.
Revenues collected through June 30, 2002, for this grant are $146,911.78. The interest on this account
collected through June 30, 2002, is $14,721.09. Funding received in excess of the revenues estimate totals
$22,480.42, and needs to be appropriated.
Honorable Mayor and Members of Council
August 19, 2002
Page 2
Funds must be appropriated before they can be expended for law enforcement.
Recommended Action(s):
Authorize the Director of Finance to increase the revenue estimate in the amount of $20,236 plus $2,245
interest and appropriate funding to the accounts listed in Attachment 1.
Respectfully submitted,
Roanoke City Commonwealth Attorney
DSC:mh
Attachment
pc: Mary F. Parker, City Clerk
Honorable William Hackworth, City Attorney
Honorable Jesse A. Hall, Director of Finance
Attachment i
2030
2035
2044
7007
2021
Administrative
Expendable
Training &
Supplies
Equipment<S5000
Development
CIS-Personal Computer Rent/
Maintenance
Telephone-Cellular
$4,980.42
$4,000.00
$2,000.00
$6,500.00
$5,000.00
TOTAL $22,480.42
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.roanokc.va.us
August 21,2002
File #60-236
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
F. B. Webster Day, Bond Counsel
Wetherington, Melchionna,
Terry, Day and Ammar
P. O. Box 90
Roanoke, Virginia 24002
Dear Mr. Day:
I am enclosing copy of Resolution No. 36025-081902 approving issuance of bonds by the
Industrial Development Authority of Botetourt County, Virginia, for the benefit of the
Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc., and Animal Care
Services, Inc., in the amount of $3,600,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pc: Jesse A. Hall, Director of Finance
H:'~Agenda.02~,August 19, 2002 corrcspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36025-081902.
A RESOLUTION approving the issuance of bonds by the Industrial
Development Authority of Botetourt County, Virginia, for the benefit of Roanoke
Valley Society for the Prevention of Cruelty to Animals, Inc. and Animal Care
Services, Inc.
WHEREAS, the Industrial Development Authority of Botetourt County,
Virginia (the "Authority"), has considered the request of Roanoke Valley Society for
the Prevention of Cruelty to Animals, Inc. and Animal Care Services, Inc., non-stock,
non-profit Virginia corporations (the "Companies"), for the issuance of the Authority's
Revenue Bonds in an amount not to exceed $3,600,000 (the "Bonds") to assist in the
financing of a regional animal pound facility, approximately 19,000 square feet in size
(the "Project"); and
WHEREAS, the owner of the Project will be the Roanoke Valley Society for
the Prevention of Cruelty to Animals, Inc. and the operator of the Project will be
Animal Care Services, Inc.; and
WHEREAS, the Project will be located at 1510 Baldwin Avenue, SE, in the
City of Roanoke, Virginia (the "City"); and
WHEREAS, on August 19, 2002, the Authority held a public hearing on the
proposed issuance of the Bonds; and
WHEREAS, the Authority has requested the City Council of the City of Roanoke,
Virginia (the "Council") to approve the issuance of the Bonds to comply with Section
147(t) of the Internal Revenue Code of 1986, as amended (the "Code"), which provides
that the governmental units having jurisdiction over the issuer of private activity bonds
and 6vet the area in which any facility financed with the proceeds of the private activity
bonds is located must approve the issuance of the bonds; and
WHEREAS, the Authority issues its bonds on behalf of the County, the Project is
to be located in the City, and the Council constitutes the highest governmental unit of the
City; and
WHEREAS, a copy of the Authofity's resolution approving the issuance of the
Bonds, a summary of the comments made at the public hearing, if any, and a fiscal impact
statement relating to the Project have been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA, AS FOLLOWS:
1. The issuance of the Bonds by the Authority for the benefit of the
Companies is hereby approved, to the extent required by Section 147(t) of the Code, to
permit the Authority to assist in the financing of the Project.
2
2. The approval of the issuance of the Bonds, as contained in this Resolution,
does not constitute an endorsement of the Bonds, the financial viability of the Project or
the creditworthiness of the Companies. Further, as required by Section 15.2-4909 of the
Code of Virginia of 1950, as amended, the Bonds shall provide that neither the
Commonwealth of Virginia, nor any political subdivision thereof, nor the Authority shall
be obligated to pay the principal of, premium, if any, the interest thereon, or other costs
incident thereto except from the revenues and monies pledged therefor and any applicable
security, and neither the faith, credit, nor the taxing power of the Commonwealth or any
political subdivision thereof shall be pledged thereto.
3. This Resolution shall take effect immediately upon its adoption.
ATTEST:
City Clerk.
The undersigned Clerk of the City Council of the City of Roanoke, Virginia,
hereby certifies that the foregoing constitutes a true and correct copy of a resolution
adopted at a meeting of the Council held on August 19, 2002. I further certify that such a
meeting was a regularly scheduled meeting, that, during the consideration of the
foregoing resolution, a quorum was present, and that the minutes of such meeting show
how each member voted on the foregoing resolution.
WITNESS my hand and the seal of the City Council of the City of Roanoke,
Virginia, this __ day of ,2002.
(SEAL)
Clerk, City Council of the City of
Roanoke, Virginia
4
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 2002
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from F. B. Webster Day, bond Counsel for
Botetourt County IDA in which he is requesting approval of the issuance of bonds
regarding the Regional Animal Pound Facility at the regular meeting of City
Council on Monday, August 19, 2002.
Sincerely,
ar ene L. Burcham
City Manager
DLB:sm
C:
City Attorney
Director of Finance
City Clerk
WETHERINGTON, MELCHIONNA,
TERRY, DAY & AMMAR
ATTORNEYS AND COUNSELORS
August 13, 2002
F. B. WEBSTER DAY
EMAI L: WD^Y~WMTDA.COM
The Honorable Council of the City of Roanoke, Virginia
c/o Mary F. Parker, City Clerk
Noel C. Taylor Municipal Building
Room 456
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Re: Regional Animal Pound Facility
Dear Mayor Smith and Members of City Council:
As bond counsel to the Industrial Development Authority of Botetourt County, Virginia, I
enclose the following information for your consideration:
1. Report of Public Hearing, with exhibits attached; and
Draft of the Resolution to be considered by city Council at its meeting on
August 19, 2002.
By way of background, The Roanoke Valley Society for the Prevention of Cruelty to
Animals, Inc. and Animal Care Services, Inc. have applied to the IDA for issuance of up to
$3,600,000 of its revenue bonds to assist in financing the acquisition, construction and equipping
of the Regional Pound Facility, which will be located within the City of Roanoke.
At its meeting on November 19, 2001, City Council concurred with the IDA's
inducement resolution on this project. For Internal Revenue Code purposes, City Council must
again approve the issuance of the bonds following the public hearing that was held by the IDA
on August 9, 2002. Thank you for your consideration of this request.
Sincerely,
F. B. Webster Day~
Enclosures
\\WETHERINGTON~VOL 1 \WP\DAY~ 154516Mayor&Council.doc/snc
1100 BB&T BANK BUILDING PO BOX 90 ROANOKE VIRGINIA 24002
PHONE 540-982-3800 FAX 540-342-4480 WWW. WMTDA.COM
REPORT OF PUBLIC HEARING
To:
Board of Supervisors of Botetourt County, Virginia
Council of the City of Roanoke, Virginia
The Industrial Development Authority of Botetourt County, Virginia (the
"Authority") held a public hearing at 2:00 P.M. on August 9, 2002, on the application of
the Regional Pound Facility of Roanoke Valley Society for the Prevention of Cruelty to
Animals, Inc. and Animal Care Services, Inc. (the "Companies"), requesting the
Authority to issue up to $3,600,000 of its revenue bonds to assist the Companies in
financing the acquisition, construction and equipping of a regional animal pound facility.
Notice of the hearing was published in the Roanoke Times and World News on
July 18 and 25, 2002. A copy of the notice is attached as Exhibit A.
During the public hearing an opportunity was given to interested persons to
present their views in connection with the proposed issuance of the bonds or the location
and nature of the project. The public comments, if any, received at the meeting are
summarized in the attached Exhibit B.
After the hearing, the Authority adopted a resolution recommending the approval
of the bonds by you. A copy of that resolution is attached as Exhibit C.
A fiscal impact statement regarding the Project, which is based solely on
information furnished by the Companies, is attached as Exhibit D.
Dated: August 9, 2002.
Industrial Development Authority
of Botetourt County, Virginia
Exhibits:
A-Notice of Hearing
B-Public Comments
C-Resolution
D-Fiscal Impact Statement
~h~irman
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
EXHIBIT
The Roanoke Times
CAROL A. DOUDIKEN
PO BOX 90
WETHERINGTON, MELCHI
ROANOKE VA 24002
REFERENCE: 80050943
01946232
State of Virginia
City of Roanoke
IDA/BOTETOURT
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
V~i_inia. Sworn and subscribed before me this
day of August, 2002. Witness my hand and
official seal.
PUBLISHED ON: 07/18 07/25
NOTICE OF PUBLIC HEARING
ON PROPOSE~ INDUSTRIAL
DEVELOPMENT REVENU[
BOND fiNANCING BY THE
iNDUSlrRIAL DEVELOPMENT
AII1110RITY
OF BOTETOURT COUNTY,
VIRGINIA
Notice is hereby given that the
industrial Development Auther-
ity of Sotetourt County, Virginia
(the "Author~/'), will hold a
public heedng on the request
of Roanoke Valley Society for
the Prevention of Cruelty to
Animals, Inc. ("RVSPCA") and
Animal Care Services, Inc.
('ACS'), both Virginia non-
stock corporations with a prin-
cipal place of business at 1313
Eaatem Avenue, NE, Roanoke,
Virginia 24012, to issue up to
'3,600,000 of its industrial
development revenue bonds.
The general purpose of the
bonds Is to finance the acquial-
tlon, coneb'ucflon and equip-
ment of a regional animal
mond facility (the "Project"),
approximately 19,000 square
feet in stze. The owner of the,
Project will be RVSPCA and the
operator of the I~oJect will be
ACS. The Project will be
located at 1510 Baldwin Ave-
nue, SE, in the City of
Roecoko, Virginia.
The issuance of industrial
development revenue bonds as
requested by RVSPCA and ACS
shall not bo deemed to consti-
tute a debt or pledge of the
faith and credit of the Com-
monwealth of Virginia or any
county, town or city thereof.
Neither the Commonwealth of
Virginia nor any political subdi-
dslon thereof shell be obll-
gered to pay the bonds or the
interest thereon or other costs
Incident thereto except from
the revenues and monies
31edged therefor, and neither
the faith and credit nor the tex-
lng power of the Common-
wealth of Vlr~nia nor any politi-
cal subdivision thereof is
pledged to the payment of pdn-
cipel of such bonds or the
interest thereon or other costs
incident thereto.
The public hearing, which may
be continued or adjoumed, will
be held at 2:00 p.m., or as
soon thereafter as the matter
can be heard, on August 9,
2002, before the Authority in
the Second Roor Conference
Room of the Clmuit Court-
house, I W. Main Street, Fin-
Any person interested in the
issuance of the-bonds or the
location er nature of the pro-
posed project may appear at
the headng and present his or
her views.
Induatital Development
Authority of Boteteurt
County, Vlr~inla
Box 1, One West Main Street
Flncestle, Vlr~nia 24090
(1946232)
TOTAL COST: 409.64
FILED ON: 08/01/02
Authorized
Signature:
~ ................ Billing Services Representative
EXHIBIT B
Summary_ of the Comments Expressed at the Hearing
No comments were made at the public hearing.
G:\WP~DAY~ 154516Report-PublicHearing.doc/snc
EXHIBIT
C
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF BOTETOURT COUNTY, VIRGINIA
RECOMMENDING PUBLIC APPROVAL OF BONDS
WHEREAS, the Industrial Development Authority of Botetourt County, Virginia (the
"Authority") has held a public hearing on the request of Roanoke Valley Society for the
Prevention of Cruelty to Animals, Inc. and Animal Care Services, Inc., non-stock, non-profit
Virginia corporations (the "Companies"), that the Authority issue its Revenue Bonds in an
amount not to exceed $3,600,000 (the "Bonds"), to assist in the financing of a regional animal
pound facility (the "Project"); and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires
approval of the issuance of the Bonds by the Board of Supervisors of Botetourt County, Virginia,
and the Council of the City of Roanoke, Virginia.
BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
BOTETOURT COUNTY, VIRGINIA:
1. The Authority approves the issuance of the Bonds, the proceeds of which will
finance the Project for the benefit of the Companies, and recommends that the Board of
Supervisors of Botetourt County, Virginia, and the Council of the City of Roanoke, Virginia,
approve the issuance of the Bonds.
2. The Chairman and Secretary of the Authority are authorized and directed to
forward to the Board of Supervisors and the Council a reasonably detailed summary of the
comments, if any, made at the public hearing, a fiscal impact statement relating to the Project
and a copy of this resolution.
3. The Authority's approval and recommendation do not constitute an endorsement
of the Bonds, the financial viability of the Project or the creditworthiness of the Companies.
4. This Resolution will take effect immediately upon its adoption.
Adopted on August 9, 2002
Sect'S, Industrial I~evelopment
Authority of Botetourt County, Virginia
G:\WPXDAY~ 154516ReeommendingResolution.docJsne
o
o
o
EXHIBIT
Fiscal Impact Statement
INDUSTRIAL DEVELOPMENT AUTHORITY
OF BOTETOURT COUNTY, VIRGINIA
August 9, 2002
Regional Animal Pound Facility
of
Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc.
and
Animal Care Services, Inc.
Maximum mount of financing sought
$ 3,600,000
Estimated taxable value of the facility's real
property to be constmcted in the local!~:
Estimated real property tax per year using
present tax rates
$ 133,900
N/A
Estimated personal property tax per year using
present tax rates
N/A
Estimated merchants' capital tax per year using
present tax rates
N/A
a. Estimated dollar value per year of goods
that will be purchased from Virginia companies within
the locality
$ 22,400
bo
Estimated dollar value per year of goods that will
be purchased from non-Virginia companies within the
locality
$ 17,100
c. Estimated dollar value per year of services that will
be purchased from Virginia~companies withig,. Ce,..,: ,.,..:.,.:
locality
do
Estimated dollar value per year of"s~e,~ th'at
be purchased from non-Virginia companies 'within the
locality
$ 57,400
$ 59,500
Estimated number of regular employees on year
round basis (excluding salaried employees)
14
Average annual salary per employee
(excluding salaried employees)
$ 18,289
INDUSTRIAL DEVELOPMENT AUTHORITY
OF BOTETOURT COUNTY, VIRGINIA
G:\WP~AY~154516FiscalImpa~tatementdoc/snc
2
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
August 21, 2002
File #192
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Terry F. Neimeyer, President/CEO
KCI Technologies, Inc.
10 North Park Drive
Hunt Valley, Maryland 21030
Dear Mr. Neimeyer:
I am enclosing copy of Resolution No. 36026-081902 authorizing a contract with
KCl Technologies, Inc., to provide project administration/inspection/management services
to monitor, inspect and administer on a daily basis the on-going construction project for
Phase I, and future Phase II, of the Roanoke Civic Center Expansion and Renovation
Project, which may also include certain value engineering and/or constructability review
services.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
James M. Evans, Director, Civic Facilities
Christine P. Powell, Manager, Civic Facilities
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Purchasing Manager
H :L~genda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36026&081902.
A RESOLUTION authorizing a contract with KCI Technologies, Inc., to provide project
administration/inspection/management services to monitor, inspect and administer on a daily
basis the on-going construction project for Phase I, and future Phase II, of the Roanoke Civic
Center Expansion and Renovation Project, and which may also include some value engineering
and/or constructability review services.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, a contract with KCI Technologies, Inc., to provide project administration/
inspection/management services to monitor, inspect and administer on a daily basis the on-going
construction project for Phase I, and future Phase II, of the Roanoke Civic Center Expansion and
Renovation Project, and which may also include some value engineering and/or constructability
review services, as described in the City Manager's letter to this Council dated August 19, 2002.
2. The cost of the contract will be an amount not to exceed $130,900.00 for such
services for Phase I of the project and an amount not to exceed $395,000.00 for such services for
Phase II of the Project, provided that the Consultant's services for Phase II are specifically
subject to the availability and appropriation by Council of funds for such services.
3. The form of the contract shall be approved by the City Attorney, all as more
particularly set forth in the City Manager's letter to this Council dated August 19, 2002.
ATTEST:
H :'uMEA SURESt-KCIADM CIVI CCENTER. I .ttoc
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, V~ce 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: Contract Award for Project
Administration/Inspection Services and
Limited Project Management Services
for Roanoke Civic Center Expansion
and Renovation, Phase I andPhase II
Proposal No. 02-04-09
City staff recommends the use of a firm that specializes in providing project administration/
inspection/management services (services) to monitor, inspect, anc-I administer on a daily
basis the on-going construction project for Phase I, and future Phase II, of the Roanoke Civib
Center Expansion and Renovation Project. The construction contract for Phase I is with
Martin Brothers, Inc., in the amount of $2,349,600.00. Rosser International, Inc. is the
architect and engineer on the Project. Rosser is also the architect and engineer for the
Phase II Project, but no construction contract has been issued since Phase II is only in the
design phase. Cit~. staff recommends that the use of a firm to provide the above project
services, and possibly some value engineering and/or constructability review that may-be
necessary due to the complicated nature of the Project. -
Following public advertisement, the City received proposals from seven firms. A selection
committee composed of Philip Schirmer, City Engineer, Larry Minnix, Construction Technical
Supervisor, and Charles Anderson, Architect [I, short-listed and interviewed four firms,
McDonough Bolyard Peck, KCI Technologies, Inc., Turner Construction Company and URS
Corporation. Following the interviews, tl:ie firm of KCI Technologies, Inc., 10 North Park
Drive, Hunt Valley, Maryland 21030, was deemed the best qualified to provide the above
services required for the project.
City staff has negotiated an acceptable agreement with KCI Technologies, Inc., to provide the
above services for Phase I (now under construction) in the amount not to exceed
$130,900.00..The agreement also provides that KCI will provide such services for Phase II of
the Project when that is ready to be bid and during construction and possibly during the
desi.clnphase. The cost of providing services for Phase II is in an amount not to exceed
$395,000.00, but since funding is currently limited, KCI has agreed it will only perform
services on Phase II as specifically requested by the City and only as funds become available
for such services.
Funding for Phase I services under the agreement is available in Civic Center Expansion/
Renovation Phase I, account number 005-550-8615. Funding for Phase II services will be
provided at a later date.
Honorable Mayor and Members of Council
August 19, 2002
Page 2
Recommended Action:
Authorize the City Manager to execute a contract for the above consultant services with KCI
Technologies, Inc., in an amount not to exceed $130,900.00, for such services for Phase I
and an amount not to exceed $395,000.00, for such services for Phase II, provided that
services for Phase II are specifically subject to the availability and appropriation by Council of
funds for such services.
DLB:CMA:na
Respectfully submitted,
City Manager
C;
Ma.ry F. Parker, City Clerk
Wilham M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Jeffrey H. Powell, Director of General Services
James M. Evans, Director of Civic Facilities
Christine P. Powell, Manager, Civic Facilities
Philip C. Schirmer, City Engineer
#CM02-00191
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
August 21,2002
File #9-27-60
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Larry G. Conner, Sr., President
Aaron J. Conner, General Contractor, Inc.
P. O. Box 6068
Roanoke, Virginia 24017
Dear Mr. Conner:
I am enclosing copy of Ordinance No. 36028-081902 accepting the bid of Aaron J. Conner,
General Contractor, Inc., for storm drain improvements near the intersections of Airport
Road and Municipal Road, as well as Airport Road and Towne Square Boulevard, in the
amount of $186,860.00; rejecting all other bids received by the City; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Purchasing Manager
H:xAgenda.02~August 19, 2002 correspondence.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIOZ
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
August 21,2002
File #9-27-60
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Stephen C. Rossi, President
S. C. Rossi & Co., Inc.
1410 16th Street, S. E.
Roanoke, Virginia 24014
E. C. Pace, III, President
E. C. Pace Co., Inc.
P. O. Box 12685
Roanoke, Virginia 24027
Terry L. St. Clair, President
Jack St. Clair, Inc.
P. O. Box 12961
Roanoke, Virginia 24030
Gentlemen:
i am enclosing copy of Ordinance No. 36028-081902 accepting the bid of Aaron J. Conner,
General Contractor, Inc., for storm drain improvements near the intersections of Airport
Road and Municipal Road, as well as Airport Road and Towne Square Boulevard, in the
amount of $186,860.00; rejecting all other bids received by the City; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed
storm drain improvements.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
H:La, genda.02XAugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36028-081902.
AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc.,
for storm drain improvements near the intersections of Airport Road and Municipal
Road, as well as Airport Road and Towne Square Boulevard, 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 dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Aaron J. Conner, General Contractor, Inc., in the amount of
$186,860 for storm drain improvements near the intersections of Airport Road and
Municipal Road, as well as Airport Road and Towne Square Boulevard, as is more
particularly set forth in the City Manager's Letter dated August 19, 2002, to this Council,
such bid being in full compliance with the City's plans and specifications made therefor
and as provided in the contract documents offered the bidder, which bid is on file in the
Purchasing Division, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the
City, to execute and attest, respectively, the requisite contract with the successful bidder,
based on its proposal made therefor and the City's specifications made therefor, the
1
H :WiEASURES\O-AARONJCONNERAIRPORTSTORMDRAIN. 1 .doc
contract to be in such form as is approved by the City Attorney, and the cost of the work
to be paid for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above work are hereby
REJECTED, and the City Clerk is directed to notify each such bidder and to express to
each the City's appreciation for such bid.
4. 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:kMEASURES\O-AARONJCONNERAIRPORTSTORMDRAIN. 1 .doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #9-27-60
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. 36027-081902 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for appropriation
of $215,000.00, in connection with acceptance of the bid of Aaron J. Conner, General
Contractor, Inc., for storm drain improvements near the intersections of Airport Road and
Municipal Road, as well as Airport Road and Towne Square Boulevard; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
Philip C. Schirmer, City Engineer
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Purchasing Manager
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.02~ugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36027-081902.
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 cedain sections of
the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Storm Drains
Airport Road Storm Drain Extension (1) ...................................................
Fund Balances
Reserved Fund Balance - Unappropriated
Capital Projects Fund Interest Earnings (2) ............................................. $
1 ) Appropriated from
General Revenue
2) Reserved Fund
Balance - Capital Projects
Fund Interest Earnings
(008-530-9791-9003)
(008-3325)
$ 215,000
(215,000)
$ 3,212,131
215,000
1,290,311
Pursuant to the provisions of Section 12 of the City Charier, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 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: Contract Award, Airport Road Storm
Drain Extension
Bid No. 02-07-09
This project represents the second and final phase of storm drain improvements near the
intersections of Airport Road and Municipal Road, as well as Airport Road and Towne Square
Boulevard. This project was broken into two phases to allow construction to start on the
portions within City right-of-way (Phase 1), while property acquisition was completed for this
second phase.
The proposed storm drain project supports the continuing economic development of this
area. The proposed storm drain is part of the capital improvement project known as Innotech
Expansion, which will provide a regional storm water management facility for undeveloped
properties, as well as improved drainage for an area with chronic flooding problems.
After proper advertisement, four (4) bids were received on Tuesday, August 6, 2002, with
Aaron J. Conner, General Contractor, Inc., 221 Kessler Mill Road, Salem, Virginia 24153,
submitting the Iow bid in the amount of $186,860. (See attached bid tabulation.) The
construction time was specified as 120 consecutive calendar days.
Funding in the amount of $215,000 is needed for the project. The additional funds that
exceed the contract amount will be used for miscellaneous project expenses including
advertising, prints, test services, minor variations in bid quantities, utility adjustment by
Appalachian Power Company d/b/a American Electric Power, Cox Communications, and
unforeseen project expenses. Funding in the amount of $215,000 is available from Capital
Projects Fund interest earnings.
Honorable Mayor and Members of Council
August 19, 2002
Page 2
Recommended Action:
Accept the above bid and authorize the City Manager to execute a contract for the above
work with Aaron J. Conner, General Contractor, Inc., in the amount of $186,860, with 120
consecutive calendar days of contract time, and reject all other bids. Appropriate $215,000
from Capital Projects Fund balance available from Interest Earnings to an account to be
established entitled "Airport Road Storm Drain Extension".
DLB/JGR/na
Respectfully submitted,
Darlene L. Burcham
City Manager
Attachment
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Robert H. Bird, Acting Purchasing Manager
#CM02-00190
TABULATION OF BIDS
AIRPORT ROAD STORM DRAIN EXTENSION
BID NO. 02-07-09
Bids were opened by Robert H. Bird, Acting Purchasing Manager, on Tuesday, August 6,
2002, at 2:00 p.m.
Aaron J. Conner, General Contractor, Inc.
$186,860
S. C. Rossi & Company, Inc. $245,000
Jack St. Clair $289,680
E. C. Pace Company, Inc. $325,770
Estimated Cost: $252,670
Office of the City Engineer
Roanoke, Virginia
August 6, 2002
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-15 3 6
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va.us
August 21,2002
File #60-291-383-467
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Fred Walters, Senior Corporate Account Manager
Verizon Select Services, Inc.
5415 Airport Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Walters:
I am enclosing copy of Ordinance No. 36030-081902 accepting the bid of Verizon Select
Services, Inc., to provide telephone system solutions and to replace the current centrex
service, upon certain terms and conditions, in the total amount of $1,258,004.00; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Joe D. Slone, Director, Department of Technology
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Purchasing Manager
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.02~ugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36030-081902.
AN ORDINANCE accepting the bid of Verizon Select Services Inc., to provide
telephone system solutions,to replace the current centrex service, upon certain terms and
conditions, and awarding a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; and dispensing with the second reading of this ordinance
by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Verizon Select Services Inc., made to the City in the total amount of
$1,258,004.00, to provide telephone system solutions and to replace the current centrex
service, as is more particularly set forth in the City Manager's letter to this Council, dated
August 19, 2002, such amount arrived at through competitive negotiation, as authorized by
City Council, is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized on behalf of the
City to execute and attest, respectively, the requisite contract with the successful bidder, as
determined through competitive negotiation, said contract to be in such form as is approved
by the City Attorney, and the cost of the work to be paid for out of funds heretofore or
simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above services 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.
O-telephone-Verizon081902
4. Pursuant to the provisions of Section 12 o£the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
O-telephone-Verizon081902
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #60-291-383-467
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. 36029-081902 amending and reordaining certain
sections of the 2002-03 General, Water, Water Pollution Control, Civic Center, and
Department of Technology Funds Appropriations, providing for appropriation of funds, in
connection with acceptance of the bid .of Verizon Select Services, Inc., to provide
telephone system solutions and to replace the current centrex service in the total amount
of $1,258,004.00; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
Joe D. Slone, Director, Department of Technology
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Purchasing Manager
Barry L. Key, Director, Office of Management and Budget
H:XAgenda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36029-081902.
AN ORDINANCE to amend and reordain cedain sections of the 2002-2003
General, Water, Water Pollution Control, Civic Center, and Depadment of Technology
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 cedain sections of
the 2002-2003 General, Water, Water Pollution Control, Civic Center, and Department of
Technology Funds Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
General Fund
Appropriations
Nondepartmental $
Transfers to Other Funds (1) ....................................................................
Health and Welfare $
Health Department (2) ..............................................................................
Water Fund
Appropriations
Nonoperating Expense (3) ....................................................................... $ 1,126,801
Retained Earnings
Retained Earnings Available for Appropriation (4) ................................... $
Water Pollution Control Fund
Appropriations
Nonoperating Expense (5) ....................................................................... $ 771,638
Retained Earnings
Retained Earnings Available for Appropriation (6) ................................... $ 5,078,752
69,646,750
68,685,708
27,448,753
1,102,871
2,225,854
Civic Center Fund
Appropriations
Nonoperating Expense (7) ....................................................................... $
Retained Earninqs
Retained Earnings Available for Appropriation (8) ................................... $
117,084
565,246
Department of Technolo¢lv Fund
Appropriations
Capital Outlay $
Telephone Purchases (9) ........................................................................
Fire/EMS System (10) ..............................................................................
Revenues
Transfers from Other Funds (11-14) ......................................................... $
Retained Earninqs
Retained Earnings Available for Appropriation (15) .................................. $
12,164,471
39,709
1,383,004
47,754
1,746,417
1) Transfer to Department of
Technology Fund
2) Subsidies
3) Transfer to Department of
Technology Fund
4) Retained Earnings - Available
for Appropriation
5) Transfer to Department of
Technology Fund
6) Retained Earnings - Available
for Appropriation
7) Transfer to Department of
Technology Fund
8) Retained Earnings - Available
for Appropriation
9) Appropriated from General
Revenue
10) Appropriated from General
Revenue
11) Transfer from General Fund
12) Transfer from Water Fund
(001-250-9310-9513)
(001-630-5110-3700)
(002-510-2172-9513)
(002-3348)
(003-510-3172-9513)
(003-3348)
(005-550-2107-9513)
(005-3348)
(013-052-9603-9003)
(013-430-9847-9003)
(013-110-1234-1037)
(013-110-1234-1035)
$ 37,982
(37,982)
41,146
(41,146)
27,248
(27,248)
47,754
(47,754)
(880,291)
1,258,004
37,982
41,146
13) Transfer from Water Pollution
Control Fund
14) Transfer from Civic Center
15) Retained Earnings - Available
for Appropriation
(013-110-1234-1036)
(013-110-1234-1287)
$ 27,248
47,754
(013-3348) (223,583)
Pursuant to the provisions of Section 12 of the City Charier, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 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, Sr., Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of Council:
Subject: Award Contract for Telephone
RFP Cf 02-02-09
Background:
In 2001, bids were received from vendors for telephone system solutions to replace the
current centrex service that is being used within the city. Due to considerable
technological advances, the original specifications of the bid were considered obsolete.
Additionally, procurement procedures were not followed after bid opening. Council
rejected all bids and authorized the use of competitive negotiation as the method to
secure vendors to provide the City's new telephone system through a RFP process.
Current:
Responses to the RFP were opened May 7, 2002 with a total of eight (8) vendors
responding with proposed solutions.
Considerations:
All eight vendor responses were evaluated in a consistent manner. The responses were
Honorable Mayor and Members of Council
8/13/2OO2
Page 2
evaluated by a team consisting of representatives from the Department of Finance,
Auditor's Office, Sheriff's Office, Department of Management and Budget, Department
of Housing & Neighborhood Services, and Department of Technology.
The eight responses were ranked by the team on the following criteria: References and
performance, Company stability and financial strength, Responsiveness to the RFP
requirements, Warranty and Maintenance Plans, System Payment Options, Systems
share of market. The top three vendors were selected by the team for interviews and
presentations. The team ranked the three vendors after the presentations and agreed to
enter into negotiations with their number one selection.
The Team unanimously agreed that Verizon offered the best solution for the City's
telephone system requirements. Verizon would also provide invaluable project
management support for the conversion of the current Centrex System and to the
implementation of the new system scheduled October, 2002.
Letters of intent to award were sent on July 24, 2002 to all vendors who submitted a
response.
Some of the benefits to be gained by a telephone system solution as proposed are:
1) Cost saving of $123,000 the first year and $36,000 in each of the following years.
2) Most important is the standardization of services and instruments as a result of the
many different type of systems currently used throughout the city.
3) Capability to provide centralized voice mail for everyone on the new PBX system.
4) More detailed call accounting information for use by management.
5) City control and management of moves/adds/changes in requests for service.
6) Better management and cost control of long distance calls.
There are many other benefits to be gained for the future that will assist in providing
greater functional capabilities to city employees and that will provide a higher level of
customer service to the citizens.
Recommended Action:
Authorize the City Manager to enter into a contract with Verizon Select Services Inc.,
such contract to be approved as to form by the City Attorney, for the Telephone RFP #
02-02-09, in the amount of $1,258,004. Funding for the project is available as follows:
$880,291 is available from Department of Technology Fund Account 013-052-9603;
$47,754 may be appropriated from the Civic Center Retained Earnings Account,
Honorable Mayor and Members of Council
8/13/2OO2
Page 3
$41,146 from the Water Fund Retained Earnings Account, $27,248 from the Sewer
Fund Retained Earnings Account, $37,982 from the Health Department and $223,583
from the Department of Technology Retained Earnings Account to the same Telephone
Project Account 013-430-9847.
Respectfully submitted,
City Manager
DLB:jds
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Joe D. Slone, Director, DoT
Barry L. Key, Director, DMB
Robert H. Bird, Acting Manager, Purchasing
#CM02-00189
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21, 2002
File #60-67-379
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. 36031-081902 amending and reordaining certain
sections of the 2002-03 Fifth District Employment and Training Consortium Fund
Appropriations, providing for appropriation of $25,000.00 from the Virginia Department of
Social Services; in connection with funding for the Fifth District Employment and Training
Consortium, Economic and Employment Improvement Program for Disadvantaged
Persons; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human Services
Barry L. Key, Director, Office of Management and Budget
N:\CKMH1L~genda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
NO. 36031-081902.
AN ORDINANCE to amend and reordain cedain sections of the 2002-2003 Fifth
District Employment and Training Consortium 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 cedain sections of
the 2002-2003 Fifth District Employment and Training Consortium Fund Appropriations, be,
and the same are hereby, amended and reordained to read as follows, in part:
Appropriations
Fifth District Employment and Training Consortium
Other Jurisdictions (1-3) .............................................................................
Economic and Employment Improvement Program (4-18) .........................
Revenues
$ 4,116,749
4,961
25,000
Fifth District Employment and Training Consortium
Other Jurisdictions (19) ..............................................................................
Economic and Employment Improvement Program (20) ...........................
1) Insurance (034-633-2380-8056) $ 1,000
2) Equipment (034-633-2380-8059) 500
3) Miscellaneous (034-633-2380-8060) 3,461
4) Administrative Wages (034-633-2393-8350) 750
5) Administrative Fringes (034-633-2393-8351) 190
6) Communication (034-633-2393-8353) 30
7) Supplies (034-633-2393-8355) 30
8) Wages (034-633-2393-8050) 12,125
9) Fringes (034-633-2393-8051) 2,850
10) Travel (034-633-2393-8052) 150
11 ) Program Communications (034-633-2393-8053) 250
12) Program Supplies (034-633-2393-8055) 250
13) Program Insurance (034-633-2393-8056) 100
14) Program Leases (034-633-2393-8057) 300
15) Miscellaneous (034-633-2393-8060) 175
16) Training (034-633-2393-8500) 500
$ 4,116,749
4,961
25,000
17) Subsidized Wages
18) Suppod Services
19) Other, Jurisdictions
20) Economic and Employment
Improvement Program
(034-633-2393-8502)
(034-633-2393-8461 )
(034-633-2380-2380)
(034-633-2393-2393)
5,800
1,5OO
4,961
25,000
Pursuant to the provisions of Section 12 of the City Charier, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August19,2002
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:
Funding for Fifth District
Employment and Training
Consortium - Economic and
Employment Improvement
Program for Disadvantaged
Persons (EEIP)
Background:
The Fifth District Employment and Training Consortium (FDETC) participates in the
federally funded Workforce Investment Act (WIA) for the region, which encompasses
the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke as well as the cities
of Covington, Roanoke, and Salem. 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.
Honorable Mayor and Members of City Council
August 19, 2002
Page 2
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 the FDETC
receives.
The FDETC has received an award of $25,000 from the Virginia Department of
Social Services to provide services to clients under the Economic and
Employment Improvement Program for Disadvantaged Persons (EEIP). The
effective period is July 1, 2002 through June 30, 2003.
Honorable Mayor and Members of Council
August 19, 2002
Page 2
The FDETC has received funds from jurisdictions in the Fifth Planning District to
offset administrative costs. To date, allocations totaling $4,961 have been
received. (Botetourt County - $1,627; City of Salem - $1,278; City of Covington -
$2,056).
Consideration:
· Program Operations - Existing activities will continue and planned programs will
be implemented.
· Funding - Funds are available from the Grantor agency and other sources as
indicated, at no additional cost to the City.
· Timing - Immediate action will allow activities to be implemented and completed
within planned time frames, July 1,2002 through June 30, 2003.
Recommended Action:
Appropriate the FDETC's funding totaling $29,961 and increase the revenue estimate
by $29,961 in accounts to be established in the Consortium Fund by the Director of
Finance.
Respectfully submitted,
Darlene L. Burch~.r~
City Manager
DLB:wc
C~
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 Services
Rolanda A. Johnson, Assistant City Manager for Community Development
CM02-00185
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21, 2002
File #291-383
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. 36032-081902 authorizing execution of an
agreement between the City of Roanoke and U.S. Cellular, providing for use of cellular
phones for the Homeland Emergency Loaner Phone (H.E.L.P.) and the Community Action
Life Line (C.A.L.L.) programs.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
H:~,Agenda.02XAugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36032-081902.
A RESOLUTION authorizing execution of an agreement between the City of
Roanoke and U.S. Cellular, providing for use of cellular phones for the Homeland
Emergency Loaner Phone (H.E.L.P.) and the Community Action Life Line (C.A.L.L.)
programs.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, for and on
behalf of the City, to execute and attest, respectively, agreements with U.S. Cellular
providing for use of cellular phones for the Homeland Emergency Loaner Phone
(H.E.L.P.) and the Community Action Life Line (C.A.L.L.) programs.
2. Such agreements, which shall be approved as to form by the City
Attorney, shall be in substantially the form set forth in the attachment to the City
Manager's letter to this Council dated August 19, 2002, and shall include a provision
releasing and holding harmless U.S. Cellular.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 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:
Cellular Phone Programs
For Police Use
Background:
Following the terrorist attacks of September 11,2001 and the initiation of the
Police Department's "Homeland Defense Initiative", U. S. Cellular approached
the Police Department with an offer to help. The Homeland Emergency Loaner
Phone (HELP) program would allow the Police Department to use six (6)
activated cell phones during times of crisis or disaster. These full-access phones
would only be deployed when a situation required additional communications
capability. The Community Action Life Line (CALL) program would provide
eighteen (18) cell phones with paging capability for use by the Police
Department's Tactical Response Team. Many Tactical Response Team
members and hostage negotiators are not equipped with pagers to allow prompt
notification or call-out. The CALL phones only allow calls to specific Police
Department phone numbers.
U.S. Cellular provides the phones and service at no cost to the City.
Considerations:
A release and hold harmless provision in the contracts, paragraph 6, requires the
City to release and hold harmless U.S. Cellular from any claims arising from the
Honorable Mayor and Members of City Council
August 19, 2002
Page 2
agreement. The proposed HELP and CALL contracts are essentially the same as
the existing SAFE contract providing phones to domestic abuse victims which
was approved by Council on October 1,2001.
Recommended Action:
Authorize the City Manager to contract with U.S. Cellular for use of "HELP" and
"CALL" program cell phones and service for a period of one year.
City Manager
C;
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Rolanda A. Johnson, Assistant City Manager
Chief A. L. Gaskins, Police
CM02-00183
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #5-60
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. 36033-081902 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of funds,
in connection with the Federally Forfeited Property Sharing 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:¸
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36033-081902.
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:
Appropriations
Public Safety $
Federal Asset Forfeiture (1) .......................................................................
Revenues
Public Safety $
Federal Asset Forfeiture (2-3) ...................................................................
1) Investigations and Rewards (035-640-3304-2150) $ 44,677
2) Federal Asset
Forfeiture Proceeds (035-640-3304-3305) 44,119
3) Interest (035-640-3304-3306) 558
2,186,853
44,677
2,186,853
44,677
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 MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 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: Sharing Federally Forfeited Property
Background:
In 1986, Congress authorized the transfer of certain federally forfeited property to state
and local law enforcement agencies that participated in the investigation and seizure of
the property. Application for an equitable share of property seized by local law
enforcement must be made to the U. S. Department of Justice and certified by the City
Attorney. This property, including funds shared with state and local agencies, may be
used only for the purpose stated in the application, i.e., narcotics investigations related
to law enforcement.
Participation in federally forfeited property enhances the effectiveness of narcotics
investigations by providing necessary investigations equipment, investigative funds,
overtime expenses, and offsets the costs that would otherwise have to be borne by the
city's taxpayers. The Police Department receives funds periodically from the federal
government's asset sharing program. Grant requirements state that these funds be
placed in an interest bearing account and the interest earned be used in accordance
with program guidelines.
Revenues totaling $44,677 have been collected and are available for appropriation in
Grant Fund accounts 035-640-3304-3305 and 035-640-3304-3306.
Honorable Mayor and Members of Council
August 19, 2002
Page 2
Recommended Action:
Appropriate $44,677 to the Grant Fund account for Investigations & Rewards (035-640-
3304-2150) and increase the Grant Fund revenue estimates for account 035-640-3304-
3305 by $44,119 and account 035-640-3304-3306 by $558.
Respectfully submitted,
City Manager
DLB/wla
C:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Rolanda Johnson, Assistant City Manager
Chief A. L. Gaskins, Police
CM02-00179
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
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. 36034-081902 amending and reordaining certain
sections of the 2002-03 Water Fund Appropriations, providing for appropriation of funds,
in connection with emergency water purchases, drought management and infrastructure
improvements; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attach ment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Department
H:L~genda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36034-081902.
AN ORDINANCE to amend and reordain cedain 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:
Appropriations
Operating $ 15,672,295
Water- Operating (1-5) ............................................................................. 1,876,000
Water- Capital Outlay (6-7) ....................................................................... 550,000
Retained Earninqs
Retained Earnings Available for Appropriation (8) ....................................... $ 2,267,000
Temporary Employee Wages (002-510-2160-1004) $
1)
2) Advertising
3) Purchased Water- Salem
4) Purchased Water-
Roanoke County
5) Purchased Water - Vinton
6) Water- New Service,
Hydrants, Lines
7) Water- Unidentified
Plant Replacement
8) Retained Earnings-
Available for Appropriation
(002-510-2160-2015)
(002-510-2160-2255)
(002-510-2160-2256)
(002-510-2160-2257)
(002-510-2178-9025)
(002-510-2178-9026)
(002-3348)
10,000
25,000
261,000
1,450,000
130,000
200,000
350,000
(2,426,000)
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 MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.coIn
August 19, 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 Rupert M. Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Funding for Emergency
Water Purchases, Drought
Management and
Infrastructure Improvements
Background:
On February 4, 2002 the Carvins Cove reservoir had dropped to a level below
the spillway of 20.0 feet. City Council declared that a water supply emergency
existed, that there was a need to restrict the use of water in the City and
approved a Water Conservation Plan.
Considerations:
The Water Conservation Plan is designed to extend the useful life of the water
supply until sufficient rainfall occurs to refill the reservoir. The Plan identified a
level of 26.0 feet below the spillway that the City would begin emergency water
purchases. The reservoir reached 26.0 feet below the spillway on June 18, 2002
and the City began purchasing water from the City of Salem and Roanoke
County. The daily purchase rate from the City of Salem is 1.5 MGD at a cost of
Honorable Mayor and Members of Council
Funding for Emergency Water Purchases, Drought Management and
Infrastructure Improvements
August 19, 2002
Page 2
$1,450.00 per MG and 4.0 MGD from Roanoke County at a cost of $2,970.00 per
MG. It is anticipated that the City will purchase water over the next four (4)
months or until rainfall and additional water sources are available that can reduce
or eliminate our need to buy water.
In addition to the purchase of emergency water other drought related costs are
being incurred that require additional funding.
The need exists to provide funding for unidentified infrastructure repair and
replacement, and new services and water lines. The funding levels for these
accounts was reduced during the budget process and needs to be restored to
levels that will sufficiently address emergencies and critical infrastructure
improvements. New services, hydrants and water lines are reimbursed through
fees and charges paid by customers.
Recommended Action:
Appropriate $1,450,000 from the Water Fund retained earnings into account 002-
510-2160-2256, Purchase Water- Roanoke County, $261,000 into account 002-
510-2160-2255, Purchase Water - Salem, $130,000 into account 002-510-2160-
2257, Purchase Water - Vinton to provide for emergency water purchases;
$10,000 into account 002-510-2160-1004, Temporary Wages, to provide for
additional personnel necessary to manage the drought Plan, $25,000 into
account 002-510-2160-2015, Advertising, to provide for public relations
materials, etc., $350,000 into account 002-510-2178-9026, Water - Unidentified
Plant Replacement, to fund repair and replacement, and $200,000 into account
002-510-2178-9025, Water- New Services, Hydrants, Lines, to fund the
installation of new service requests directly reimbursed through fees and
charges.
~~/,~._.,/Respectfully submitted,
City Manager
DLB:je
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Honorable Mayor and Members of Council
Funding for Emergency Water Purchases, Drought Management and
Infrastructure Improvements
August 19, 2002
Page 3
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Mike McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Water Division Manager
CM02-00187
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #60-468
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. 36037-081902 declaring the City's intent to
reimburse itself from the proceeds of its tax-exempt obligations, in a principal amount
currently estimated not to exceed $17,600,000.00, for certain moneys to be appropriated
by the City for the City's share of expenditures in connection with improvements to the
Regional Water Pollution Control Plant; and providing for an effective date
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Stephen S. Shirley, Manager, Water Pollution Control Division
Barry L. Key, Director, Office of Management and Budget
H:XAgenda.02LAugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36037-081902.
A RESOLUTION declaring the City's intent to reimburse itself from the proceeds
of its tax-exempt obligations for certain moneys to be appropriated by the City for the City's
share of expenditures in connection with improvements to the Regional Water Pollution Control
Plant; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U.S. Treasury Regulations, Section 1.150-2, the City
hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of its
tax-exempt obligations in a principal amount currently estimated not to exceed $17,600,000 for
certain moneys to be appropriated by the City from time to time for the City's share of
expenditures in connection with the Regional Water Pollution Control Plant.
2. The Council hereby determines that the appropriation authorized
contemporaneously herewith is being made for a purpose for which the City is authorized to
contract with respect to, and contemplated to be reimbursed from the proceeds of, tax-exempt
obligations of the City. The maximum principal amount of tax-exempt obligations expected to
be contracted for by the City in connection with the financing of the City's share of expenditures
in connection with improvements to the Regional Water Pollution Control Plant is an amount
currently estimated not to exceed $17,600,000.
3. This is a declaration of official intent adopted pursuant to U.S. Treasury
Regulations, Section 1.150-2. This official intent is being made not later than sixty days after the
payment of the expenditures authorized by Paragraph 1 of this Resolution.
H :WIEASURESXr-intentwcpc. I.DOC
4. The City Clerk is directed to file this Resolution among the permanent
papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of
Information Act, §2.2-3700 et seq., Code of Virginia, 1950.
5. This Resolution shall be effective on and after the date of its adoption.
ATTEST:
City Clerk.
2
385122.1 024330 R.ES
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
August 21,2002
File #60-468
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robed S. DiFiore, Vice President
Hazen and Sawyer, P.C.
4011 West Chase Boulevard
Raleigh, North Carolina 27607
Dear Mr. DiFiore:
I am enclosing copy of Resolution No. 36036-081902 authorizing a contract with Hazen
and Sawyer, P.C., for engineering and consulting services for design and development of
plans, specifications, and bid documents necessary to provide improvements to the City's
Regional Water Pollution Control Plant to control and treat high flows that occur during wet
weather, and related work.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 19, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP: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
Stephen S. Shirley, Manager, Water Pollution Control Division
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.02XAugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36036-081902.
A RESOLUTION authorizing a contract with Hazen and Sawyer, P.C., for engineering and
consulting services for the design and development of plans, specifications, and bid documents
necessary to provide improvements to the City's Regional Water Pollution Control Plant to control
and treat high flows that occur during wet weather, and related work.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, a contract with Hazen and Sawyer, P. C., in the amount of $3,100,000.00 for
engineering and consulting services for the design and development of plans, specifications, and bid
documents necessary to 'provide improvements to the City's Regional Water Pollution Control Plant
to control and treat high flows that occur during wet weather, and related work, as described in the
City Manager's letter to this Council dated August 19, 2002.
2. The forth of the contract shall be approved by the City Attorney and shall be
substantially similar to the contract attached to the City Manager's letter to this Council dated April
19, 2002.
ATTEST:
City Clerk.
H 51Vleasures¥-hazensawyerwpcflow. 1
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
August 21,2002
File #60-468
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36035-081902 amending and reordaining certain
sections of the 2002-03 Water Pollution Control Fund Appropriations, providing for
appropriation of funds in connection with a contract with Hazen and Sawyer, P.C., for
engineering and consulting services for design and development of plans, specifications,
and bid documents necessary to provide improvements to the City's Regional Water
Pollution Control Plant to control and treat high flows that occur during wet weather and
related work; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Stephen S. Shirley, Manager, Water Pollution Control Division
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.02~ugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36035-081902.
AN ORDINANCE to amend and reordain cedain 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 Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Capital Outlay $ 14,183,531
WPCP - Design Services for Wet Weather Improvements (1-2) ............... 3,100,000
Revenues
Due from Other Governments (3-6) ............................................................. $ 1,875,778
Retained Earnin ,qs
Retained Earnings - Available for Appropriation (7) .................................... $ 5,106,000
1) Appropriated from
Other Governments
2) Appropriated from
General Revenue
3) Due from City of Salem
4) Due from Roanoke County
5) Due from Botetourt County
6) Due from Town of Vinton
7) Retained Earnings-
Available for Appropriation
(003-510-8361-8999)
(003-510-8361-9003)
(003-1071)
(003-1072)
(003-1073)
(003-1074)
(003-3348)
$1,674,000
1,426,000
186,000
775,000
558,000
155,000
(1,426,000)
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 MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 2002
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The 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: Contract for Design
Services for Wet Weather
Improvements at the Regional
Water Pollution Control Plant
Improvements are needed at the Regional Water Pollution Control Plant to
control and treat high flows that occur during wet weather. A Preliminary
Engineering Report (PER) has been developed to address these improvements.
The PER has been reviewed and approved by each partnering jurisdiction
(Botetourt County, Roanoke County, Salem City, and the Town of Vinton), and
submitted to the Virginia Departments of Environmental Quality and Health for
their review. Engineering design services are now needed to prepare the detail
plans, specifications, and bid documents necessary to complete the work which
will include the various modifications and improvements referred to in the PER as
well' as other items necessary to satisfy regulatory requirements.
Proposals were solicited and received from four engineering firms. All four firms
were short-listed, however, one firm decided to withdraw from consideration
before the interviews began. The selection committee was comprised of
representatives from the Utility Department, including WPC Plant operating staff,
as well as the partnering jurisdictions. Hazen and Sawyer, P.C. a New York
Corporation, with offices in Raleigh, NC, was selected.
City staff have negotiated an acceptable agreement for the above work in the
form of a lump sum fee of $3,100,000. The Contract has been attached for
The Honorable Mayor and Members of Council
Contract for Design Services for Wet Weather Improvements at the WPC Plant
August 19, 2002
Page 2 of 3
review purposes, however several elements of the Contract are noteworthy. The
Contract specifies a primary hydraulic and biological design flow of 52 million
gallons per day annual average daily flow. The Contract further includes design
work for two additional elements, each of which would increase the hydraulic and
biological design flow by 3 million gallons each, or 6 million gallons cumulatively.
It is anticipated that these elements will be bid as alternates and will be
constructed if the Project Budget is sufficient. The actual permit flow rating for
this project cannot be currently defined due to ongoing regulatory negotiations.
Significant provisions of the Contract include extensive liquidated damage
provisions related to the project schedule and project management ($500.00 per
day damages for missing completion dates for specific project phases and
$50,000 in damages if the Project Manager is replaced), a 5% fee retainage
provision with the right to deduct monies owed to the City, increased insurance
requirements to $15,000,000 aggregate, and specific language requiring the
engineer to continue design and work at no cost to the City until specific Project
goals such as capacity and performance are achieved. The Contract also
contains a provision to allow for the engineer to earn up to a $500.00 per day
bonus (with a $40,000 maximum limit) for completion of certain phases of work
ahead of schedule so the City will be able to comply with the schedule in the
City's Consent Order with the State Water Control Board.
The City's portion of the funding for this Contract is anticipated to be $1,426,000,
subject to further negotiations with the Partnering Jurisdictions. The City's
portion of the funding is available in Retained Earnings in the Water Pollution
Control Fund. Utility Staff and the Department of Finance have completed a
State Revolving Loan Fund application to request reduced interest project
funding from the State. The loan amount requested includes the current
engineering costs which would allow for the return of the City's share of
engineering costs to Retained Earnings. The balance of monies will be provided
from contributions by the partnering jurisdictions according to a cost allocation
formula, which is expected to be similar to that set forth in the Multi-Jurisdictional
Contract of November 1994 as adopted by Resolution No. 32204-101094.
Recommended Action:
Authorize the City Manager to execute a Contract for Engineering and Consulting
Services with Hazen and Sawyer, P.C., in the amount of $3,100,000 to provide
design and consulting services to develop the documents described in this letter.
The Contract is to be in a form approved by the City Attorney and substantially
similar to the one attached to this letter.
Amend the Water Pollution Control Fund FY 2002/2003 budget and appropriate
$1,426,000 from the Retained Earnings to provide design and consulting
The Honorable Mayor and Members of Council
Contract for Design Services for Wet Weather Improvements at the WPC Plant
August 19, 2002
Page 3 of 3
services described in this letter. Also appropriate a total of $1,674,000 from
Other Local Governments to same project account. Establish accounts
receivable from the partnering jurisdictions according to the cost allocation
formula set forth above.
Adopt a resolution declaring the City's intent to reimburse itself up to the
$3,100,000 from proceeds of any funds from the State Revolving Loan Fund or
from a future bond issue.
Res. pectfully submitted,
Darlene L. Bui'etl'am
City Manager
DLB/mtm/ss
CM02-00188
CC;
George C. Snead, Jr., Assistant City Manager for Operations
Jesse Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Michael McEvoy, Director of Utilities
Scott Shirley, WPC Division Manager
CITY OF ROANOKE, VIRGINIA
CONTRACT FOR CONSULTANT SERVICES
For Engineering Design and Related Services for the Expansion of the
City of Roanoke WPCP
PROPOSAL NO. 02-03-25
This Contract, made at Roanoke, Virginia, on ,20 , by and
between the City of Roanoke, Virginia (hereinafter referred to as the "City" or "Owner"), and Hazen
and Sawyer, P.C., a New York Corporation, 498 7TM Avenue, NY, NY 10018
(hereinafter referred to as "Consultant").
WITNESSETH:
NOW THEREFORE, for and in consideration of the benefits which will accrue to the parties
hereto by virtue of this Contract and the Respective Covenants contained herein, IT IS MUTUALLY
COVENANTED AND AGREED AS FOLLOWS:
SECTION 1: PROJECT
The term Project as used in this Contract refers to the following:
This project includes the design and creation of all documents necessary for the successful
construction of improvements which will permit the Water Pollution Control Plant (WPCP or
facility), located at 1402 Bennington Street, Roanoke VA 24014, to reliably meet the
Virginia Pollution Discharge Elimination System (VPDES) requirements at the current flow
conditions as defined in the Preliminary Engineering Report Water Pollution Control Plant
Wastewater Facilities Needs Project dated March 2002. The design of major structures,
piping, and equipment improvements are necessary to eliminate significant hydraulic and
process limitations throughout the facility. Work conducted under this Contract shall create
such documents as necessary to provide for construction of the recommended
improvements as well as special features assigned to the Consultant. Upon completion of
the project, the facility shall be re-rated to provide tertiary wastewater treatment, in
compliance with the quality specified by the WPCP VI'DES permit (VA0025020), to a
minimum of 52 million .qallons per day maximum monthly flow (also defined as the averaqe
daily flow for the maximum month) through the Certificate to Operate (CTO) and VPDES
permit. It is recognized that the maximum monthly flow of 52 MGD specifies an average
day for the maximum month and that the improvements to the WPCP will be able to
process an appropriate peak flow in order to achieve this flow rating. It is further
recognized that the Virginia Department of Health (VDH) and the Virginia Department of
FN As of October 1,2001, reference in any contract documents to any Title 11 Section of the Virginia Public Procurement
Act~ Code of Virginia (1950}~ as amended~ shall be deemed to refer to the correspondin~ Section under new Title 2.2.
Environmental Quality (DEQ) are in an active process of reviewing the Preliminary
Engineering Report Water Pollution Control Plant Wastewater Facilities Needs Project
dated March 2002 and that because this review is an ongoing discussion and negotiation
that a requirement by either regulatory agency of additional items such as the construction
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 1 of 24
of additional nitrification clarifiers and/or additional non-hydraulic/biological improvements
to permit the facility to achieve the desired flows is beyond the scope and compensation
included in this Contract. While the aforementioned limitation to this Contract is deemed
necessary, the Consultant is required and expected to provide all assistance necessary to
justify the Project as defined in this Contract and the ability of the improvements to meet
the stated treatment capacities contained therein. To ensure that the work conducted
under the scope of this Contract fully meets this purpose, there are special provisions
contained herein which facilitate a re-examination of the scope of work at the conclusion of
the Conceptual and Preliminary Design Phase for each major facility structure to ensure
that this Contract accurately reflects all activities, upgrades, and improvements which will
ensure a properly working, fully functional project.
SECTION 2: CONSULTANT SERVICES
The Consultant shall provide the following professional services together with the
preparation of Project plans, design drawings and specifications for the orderly
development of the Project:
A. SCOPE OF SERVICES:
The Consultant shall provide the design of improvements to the WPCP. The
Roanoke Plant serves as a regional wastewater treatment facility, serving the
Cities of Roanoke and Salem, the town of Vinton, and portions of the
Counties of Roanoke and Botetourt. The facility discharges to the Roanoke
River Basin.
The scope of the design improvements for the WPCP for purposes of this
Contract are contained in the documents known as the Preliminary
Engineering Report Water Pollution Control Plant Wastewater Facilities
Needs Project dated March 2002. This document is made part of this
Contract and incorporated herein as Attachment A.
Generally the substantial areas of work included in the Preliminary
Engineering Report and for which the Consultant shall provide design work
and documents include, but are not limited to:
New Headworks facility. Design influent pump station to receive and
pump raw wastewater flows with a firm hydraulic and treatment
capacity of 130 Million Gallons Per Day (MGD). The term "firm" as
applied to capacity specifically means the capacity of a unit or
process with the single largest unit out of service. The pump station
shall be designed to accommodate a range of flow conditions, based
upon the operating history of the facility including diurnal and wet
weather flows. The pump station, as designed, shall further be
capable of handling large debris with minimal labor requirements.
The facility shall be designed to permit a future expansion of a firm
hydraulic and treatment capacity to 160 MGD with minimal additional
construction. Currently, the pumps selected for the headworks are
screw pumps, however the Consultant shall evaluate the feasibility of
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 2 of 24
using screw pumps and other pump types for this application and
recommend the best selection for this application. If feasible, the
design will provide a mechanism to permit gravity flow of wastewater
to the equalization basins.
Four channel installed fine filter type screens (1/4" screen opening)
capable of handling the peak flow with one unit out of service. The
screen channels shall include appropriate equipment to allow for
convenient isolation and dewatering of individual screens/channels.
Design of a bypass screen channel to include 3/4" coarse screen with
an automated cleaning system (climber screen or other similar
recommendations). The bypass channel shall include a high level
alarm and sluice gates to isolate the channel during normal flow
conditions. The improvements shall include either screenings washer
or compactor units to dewater screenings and grit from the
wastewater and discharge to dumpsters for disposal. The washer or
compactor units shall have sufficient redundancy to maintain
operations in the event of an equipment failure. Parshall flume(s)
shall be included for purposes of flow measurement. The design of
the channels and Parshall flumes shall be designed to minimize
solids deposition at Iow flows and wash through at high flows.
Three vortex grit removal units. The grit removal units shall either be
20' or 24' in diameter. The Consultant shall prepare evaluations of
the cost / benefit relationship of both size options. The grit facility
capacity and performance criteria shall be determined based upon the
size units selected by the Owner.
Three new primary clarifiers with sludge and grit pumping
improvements. The design shall allow for acceptable flow splitting
between all existing and planned primary clarifiers with minimal
operator input. Flow distribution should provide proportional flow and
solids distribution over the full range of operating conditions. The
design shall minimize scum and solids build up in the channels and
permit the materials to move freely to a scum collection system. A
scum collection system, with an emphasis on efficient grease
removal, shall be included in the design for primary clarifiers #4
through #9. An appropriate primary solids pumping arrangement for
the existing primary clarifiers #4 through #6 and new clarifiers #7
through #9 shall be included.
New Biological Aerated Filter/Flow Equalization Basin (BAF/FEB)
pumping station. Evaluate and recommend sizing for the new
BAF/FEB pump station. Design new pump station to receive primary
effluent and secondary clarifier effluent for pumping to the flow
equalization basin and the biological aerated filter. If feasible, the
design will provide a mechanism to permit the gravity flow of
wastewater to the equalization basins.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 3 of 24
Gravity Thickeners and primary thickened sludge supply lines.
Design improvements to the primary thickened sludge supply lines to
allow for adequate capacity to convey primary thickened sludge to the
gravity thickeners as well as necessary structures to permit diversion
of primary sludge directly to the digesters. Design improvements to
the gravity thickeners to include new influent flow distribution and a
new thickened sludge pump station. Provide capability to receive
make-up water from multiple sources.
go
Secondary clarifiers (first stage aeration clarifiers) and nitrification
clarifiers. Verify existing weir elevations and specify work to complete
the leveling of all weirs. Evaluate benefits and recommend the
possibility of blocking off the V-notch weirs in the corners of the
clarifiers in proportion to basin flow geometry. Evaluate benefits and
recommend the possibility of blocking the outer V-notch weirs on the
inboard launder. Provide specifications for work to block weirs as
appropriate. Design replacement return activated sludge (RAS)
pumping systems and associated piping to provide for positive sludge
blanket control for individual clarifiers.
ho
Coagulation Sludge pumping improvements. Design modifications to
the existing sludge withdrawal system to provide positive blanket
control in the coagulations tanks.
Flocculation tanks. Design replacement of flocculation/mixing
equipment in the existing tanks. Design should minimize the build up
of surface scum.
Anaerobic digester improvements. Provide inspection and design
structural repair for digester No. 1. Design new heating loop for
digester No. 4. Recommend and design intermediate improvements
to add redundancy to digester heating.
Dissolved Air Flotation (DAF) Thickening Facility. Design
improvements to the air entrainment system (preference given to
replacing existing process with Edur air entrainment pumps).
Design new bulk storage and chemical delivery systems for the ferric
chloride feed system. Design relocation of existing
ferrous chloride storage and feed equipment to allow
dosing prior to primary clarification.
Tertiary filter improvements. Evaluate the replacement of the existing
media with monomedia for enhanced performance. Design new filter
air backwash system, new underdrains, and media for filters #1
through #8. Modify valve operators for filters #9 and #10 to improve
backwash cycle times. Investigate and recommend automatic/manual
bypass facilities. Design backwash storage tank pumping facilities.
Design new programmable logic controller (PLC) equipment and
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 4 of 24
communications to integrate operation of all filters into a common
control program.
Disinfection facilities. Investigation, recommendation, and design of a
hypochlorite/bisulfite disinfection system for disinfection of all treated
effluent except for flow equalization basin direct discharge.
Disinfection facilities shall be designed for ease of draining and
cleaning. An acceptable final effluent sampling system shall be
included in the design. Appropriate post aeration facilities shall be
included in the design to meet the VPDES requirements on dissolved
oxygen.
Effluent pump station. Design effluent pump station to pump treated
effluent from the Roanoke WPCP to the Roanoke River under flood
conditions and allow gravity discharge under normal river conditions.
Instrumentation. Design instrumentation and plant-wide control
system (System Control and Data Acquisition- SCADA) to provide
uniform hardware and software platforms throughout the facility.
Provide laboratory information and reporting capabilities. Provide
data interface to existing software packages.
Electrical systems. Design associated electrical distribution
structures, systems, and improvements as necessary to support the
existing facility and facility improvements.
Development of a hard copy and computerized Operations and
Maintenance Manual for the existing and upgraded facilities at the
WPCP.
Associated building work to include necessary building rehabilitations
such as roof replacements, the new construction of space for
maintenance activities, and remodeling of the existing maintenance
building space for administration and operations.
Provision of operator and maintenance training during construction
phase services for all facility improvements and equipment during the
construction phase of this Contract. Training matter and schedule
plans shall be submitted in writing and approved by Owner.
Provision of necessary assistance as it relates to the interaction with
regulatory agencies, including but not limited to the Virginia
Department of Environmental Quality (VDEQ) and the Virginia
Department of Health (VDH), to secure all necessary project
approvals and ensure that the activities satisfy the Special Order of
Consent (SOC) issued to the City of Roanoke, a copy of which is
attached and made part hereof as Attachment B, and assistance in
the interaction with wastewater customers and stakeholders (including
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 5 of 24
the partnering jurisdictions at the WPCP) in the Project.
Design and provision of bid ready documents, using the City's
standard construction bid documents which shall not be changed
without approval of the City Engineer, to construct additional capacity
measures to include modification to the existing Biological Aerated
Filter (BAF) process to alleviate hydraulic restrictions and or other
limitations to permit an additional treatment capacity of three (3) MGD
above the current influent treatment capacity of 14 MGD. The net
increase will result in a structure capable of receiving and treating 17
MGD of wastewater influent flow. The modifications should not
substantially increase backwash requirements of the BAF. It is
recognized that this work does not include construction phase
services related to the aforementioned capacity increase at the BAF.
Design and provision of bid ready documents, using the City's
standard construction bid documents which shall not be changed
without approval of the City Engineer, to construct all additional
capacity measures to include two additional nitrification clarifiers and
an associated RAS pump station. These improvements shall be
designed to permit an additional three (3) MGD annual average daily
flow of hydraulic/biological treatment capacity from the current
activated sludge treatment process which has been rated at 46 MGD
annual average daily flow. It is recognized that this work does not
include construction phase services related to the aforementioned
capacity increase to the nitrification treatment area of the WPCP.
It is recognized by the Consultant and City that the Project will be further
defined pending completion of Conceptual and Preliminary Design Phase for
specific areas of design and meetings between both Parties. At the
conclusion of the Conceptual and Preliminary Design Phases for a specific
area of the Project, the City will develop an additional attachments to this
document, as necessary, to fully define improvements to be designed and
specific performance goals for the improvements. As time is of a critical
nature for the completion of this Project, Owner and Consultant agree that all
reasonable actions will be taken to ensure that this activity does not delay
the established Project schedule. Consultant will adjust its' design work as
necessary to incorporate any such modifications into final design documents
at no additional cost to Owner.
In the event that a disagreement should arise between the City and
Consultant during the course of establishing the additional attachments, an
impartial third party will be selected by the Owner after consultation with
Consultant to provide recommendations on such matters to the Owner,
however final decisions on such matters shall be made by Owner.
The Consultant shall commence, carry on, and complete the Project with all
dispatch in a sound, economical, and efficient manner, in accordance with
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 6 of 24
the provisions hereof and all applicable laws. In accomplishing the Project,
the Consultant shall take reasonable professional efforts to ensure that the
work involved is properly coordinated with any related work being carried on
by the City or by other City employees, consultants, representatives, or
attorneys.
Attend general public and or regulatory meetings (conducted and scheduled
by the Owner) as the Owner may request. Multiple meetings are anticipated
for this Project.
Conduct an initial Project meeting consisting of a two-day workshop offered
at the Consultant's own expense and a minimum of eight additional Project
workshops to involve Plant operations and maintenance staff in the design
process. Workshop schedules shall be submitted in writing and approved by
the Owner in advance. Consultant acknowledges that the two day workshop
was offered to Owner at Consultant's expense by Consultant.
Provide, maintain, and update a internet based web page project
management / communication platform substantially similar to the format of
Project Buzzsaw. Project Buzzsaw is an intemet based project management
communication, scheduling service, and project management service. The
site shall utilize accepted means for internet security to prevent unauthorized
access or intrusion of the web site. The Consultant shall initiate access for
all individuals specified by the Owner.
Record a written and internet based web page record, on the web based
project management / communication platform previously specified, of all
Project meetings and workshops with the Owner. The web based record
should be updated within 5 days. Written meeting minutes shall be
submitted to the Owner not more than 10 days after the meeting.
10.
Provide, administer, and manage an internet based web site containing
appropriate Project updates for the general public in a format to be approved
by Owner. Updates to the established web site shall be approved by the
Owner prior to release to the public.
11.
Provide oversight and coordination of a detailed WPCP employee training
program with regard to the improvements to the WPCP, the subsequent
changes which may be adopted in the facility operating strategies, the care
and maintenance of equipment, the operation of the computerized
Operations and Maintenance Manual and updated System Control and Data
Acquisition (SCADA) system, and other such peripheral areas as may be
agreed upon by the Owner and Consultant to enhance the ability of staff to
operate the facility. The scope, schedule, and manner of the training shall
be subject to prior written approval by Owner prior to initiating the work.
Each employee completing the training shall receive a certificate or
acceptable form to demonstrate completion of the activity.
12. This Project is a Design to Budget Project. The construction budget for this
Project: Engineering Design And Related Services For Contract for Consultant Services
The Expansion of the City of Roanoke WPCP Revised 10/01/01
Page 7 of 24
Project is thirty two million two hundred twenty five thousand dollars
($32,225,000.00) (excluding engineering fees and land acquisition
costs)subject to revisions within the framework established in Section 2 (A)
(2) and/or 2 (A)(17) of this Contract. This cost will include all work required
for a complete, fully functional, and properly working improvements required
by this Project. The Consultant is specifically advised of budget constraints
for this Project and the Owner expects and the Consultant agrees to provide
an acceptable design in accordance with the Project description and within
the stated budget.
13.
The Consultant and the Owner agree that should the Design to Budget cost
identified in the paragraph above be exceeded by the Iow bidder by more
than 10%, any revision to the Project plans and specifications necessary to
bring the cost of the Project within the Design to Budget cost will be
completed by the Consultant at no additional cost to the Owner.
14.
A detailed cost estimate commensurate with the level of design shall be
supplied by the Consultant with each Project phase submittal. Should any
cost estimate indicate a problem in securing a bid within the Design to
Budget cost, the Consultant shall notify the Owner to redefine the Project
scope, materials of construction, etc., as necessary to resolve the estimated
cost of construction within the Design to Budget cost set forth above.
15.
Consultant agrees that it's design work and other activities pursuant to this
Contract will, upon proper construction of the improvements, result in the
WPCP being re-rated to provide tertiary wastewater treatment in compliance
with the quality specified by the WPCP VPDES permit (VA0025020) to a
minimum of 52 million gallons per day maximum monthly flow (also defined
as the average daily flow for the maximum month) through the Certificate to
Operate (CTO) and VPDES permit. It is recognized that the maximum
monthly flow of 52 MGD specifies an average day for the maximum month
and that the improvements to the WPCP will be able to process an
appropriate peak flow in order to achieve this flow rating. Again it is
recognized that the VDH and DEQ are in an active process of reviewing the
Preliminary Engineering Report Water Pollution Control Plant Wastewater
Facilities Needs Project dated March 2002 and that because this review is an
ongoing discussion and negotiation that a requirement of additional items by
either regulatory agency of items such as the construction of additional
nitrification clarifiers and/or additional non-hydraulic/biological improvements
to permit the facility to achieve the desired flows is beyond the scope and
compensation included in this Contract. Should the properly constructed
improvements not result in obtaining the stated capacity and treatment
capabilities, Consultant will provide further design and other engineering
services, at no cost or expense to Owner, as may be necessary to
accomplish such stated capacity and treatment capabilities together with any
other damages Owner may be entitled to recover.
16.
Consultant agrees that it's design work and other activities pursuant to
Section 2(A)(1) item v and item w, upon proper construction of the
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 8 of 24
17.
improvements, for each such item will result in an increase of 3 MGD of
biological/hydraulic treatment capacity, or 6 MGD cumulatively of
biological/hydraulic treatment capacity, which when combined with other non-
hydraulic improvements such as digester mixing to be completed at a later
date, will permit the WPCP to be re-rated to provide tertiary wastewater
treatment, in compliance with the quality specified by the WPCP VPDES
permit (VA0025020), to a minimum of either 55 (if one item is constructed)
or 58 (if both items are constructed) million gallons per day maximum
monthly flow (also defined as the average daily flow for the maximum month)
through the Certificate to Operate (CTO) and VPDES permit. It is recognized
that the maximum monthly flow specifies an average day for the maximum
month and that the improvements to the WPCP will be able to process an
appropriate peak flow in order to achieve this flow rating. Should the properly
constructed improvements not result in obtaining the stated capacity and
treatment capabilities, Consultant will provide, at no cost or expense to
Owner, further design and other engineering services as may be necessary
to accomplish such stated capacities and treatment capabilities together with
any other damages Owner may be entitled to recover.
The City may, from time to time, require changes in the scope of the services
of the Consultant to be performed hereunder. Such changes, which are
mutually agreed upon by and between the City and the Consultant, shall be
incorporated in written amendments to this Contract. Any changes requiring
any increase in the Contract sum shall be subject to the verification of
funding by the City's finance department and approval by the City.
PROJECT SCHEDULE
The Owner and the Consultant agree that time is of the essence and
that delays in the design or construction may significantly impact the
feasibility and/or cost of the Project.
The Consultant is hereby advised and acknowledges that this Project
is being implemented under a Special Order by Consent (SOC)
issued to the City of Roanoke for the Roanoke Regional Water
Pollution Control Plant by the State Water Control Board as an
enforcement action (Attachment B). The SOC has been incorporated
into this Contract by reference and has been read by the Consultant.
Notwithstanding any other provision in the Contract, the Consultant
shall be liable to the Owner for any fines, penalties, or damages under
the SOC that the Owner actually pays as a result of project schedule
violations caused by the Consultant's failure to satisfactorily complete
the Project, or any portion thereof, within the time periods stipulated in
this Contract or the SOC.
Project design development phases and the activities required by
each phase are defined as all activities, reports, studies, and other
such items which are usual and standard in accordance with offering
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 9 of 24
an appropriate standard of care for the Project. The Project design
development will correspond to the following definitions:
Conceptual Design Phase shall include surveys, design
drawings and outline specifications to refine the Project scope
and confirm Project feasibility and the Design to Budget cost.
This phase will further include the creation of the Project
management web site and public web site.
Preliminary Design Phase shall include subsurface
investigations, detailed design drawings and specifications in
sufficient detail to clearly define all items to be designed and
constructed, the performance and/or reliability improvements
gained from each area of work, and factors which may affect
the Project Budget cost. The final Scope of Work, final Project
Budget, and performance requirements shall be established at
the conclusion of this Phase for major Project items.
Final Design Phase shall include a 65% Design Phase, 90%
Design Phase, and Final detailed design drawings,
specifications and contract documents in a ready to bid form.
Project Bid Phase shall include all consulting services
necessary to advertise the Project, conduct a pre-bid
conference, provide contract addenda as necessary, receive
bids, evaluate the quality of bids and tabulate bids and provide
a recommendation to Owner for award of the construction
contract.
Construction Phase shall include attendance at monthly
progress meetings and other meetings as required by Owner,
inspections as necessary to provide Certification of Design
Intent, participation in Change Order review and approval
process, Shop Drawing reviews, facility start up assistance
including the written and computerized facility Operations and
Maintenance Manual and operator training, Final inspection
services including punch list development, Application for the
Certificate to Operate final facilities and assistance as may be
required to obtain a VPDES permit at a capacity level which
will be agreed upon at the conclusion of the Preliminary
Engineering Phase, and As -Built drawing submittals.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 10 of 24
The following is the Project Schedule to be complied with by
Consultant:
PHASE
Conceptual Design Phase
Subcategories for Conceptual Phase
· Web Based Project Site Established
· Public Web Site Established
· Conceptual Design Complete
Completion Date
September 1,2002
September 1,2002
September 15, 2002
Preliminary Design Phase
November 1,2002
Final Design Phase
Subcategories for Final Design Phase
· 65% Design Phase
· 90% Design Phase
· Final Design Phase
January 15, 2003
March 15, 2003
May 1, 2003
Project Bid Phase
Subcategories for Bid Advertising Phase
· Bid Advertising Date
· Bids Due By
· Award Bid-Council Approval
June 1,2003
July 15, 2003
August 15,2003
Construction Phase To be Determined
· Consultant acknowledges that completion dates for the Construction Phase are currently
unavailable and will be determined at a later time by the VDEQ and Owner with the input of the
Consultant. Consultant acknowledges the Owner's right to integrate completion dates for the
Construction Phase as they become available.
Owner and Consultant recognize that time is of the essence in the
completion of the work and that Owner will suffer loss or damage if
the work is not completed within the period of time stipulated in the
above Project schedule. The parties also recognize the delays,
expense, and difficulties involved in providing the actual loss or
damages suffered by Owner if the work is not completed on time.
Accordingly, if such work is not fully completed within the time set
forth in 2(B)(4) Project Schedule, the Consultant agrees it shall owe
and pay to the Owner as liquidated damages for the Owner's loss of
full use of the work, but not as a penalty, the sum of $200 per day for
each calendar day beyond the completion date for each of the the
Conceptual Design Phase, Preliminary Design Phase, and 65%
Design Phase and the sum of $500 per day for each calendar day
beyond the completion date for each of the following Phases; 90%
Design Phase, Final Design Phase, Project Bid Phase (Specifically
only the Bid Advertising Date). Consultant hereby waives any
defense as to the validity of any liquidated damages stated herein on
the grounds such liquidated damages could be void as penalties or
are not reasonably related to actual damages. Such liquidated
damages are in addition to any amounts referred to in Section 2 (B)
(2) above or any other damages Owner may be entitled to recover
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 11 of 24
from Consultant. The Consultant and Owner agree that, due to the
critical nature of the schedule for subsequent Project milestones, the
Owner would benefit from an accelerated schedule for the 90%
Design Phase, Final Design Phase, and Project Bid Phase
(Specifically only the Bid Advertising Date). If the Consultant properly
completes work prior to the scheduled completion date for these
tasks, the Consultant, provided Consultant has complied with all the
terms and provisions of this Contract, shall receive an additional sum
of $500 per day for each calendar day that the work is completed prior
to the scheduled completion date for each of these three Phases
subject to the limit below. This additional sum shall be incentive
compensation which is limited to a total maximum amount of forty
thousand dollars ($40,000) for all three phases combined.
PROJECT DELIVERABLES
The Consultant agrees to deliver to the Owner in a timely and proper manner
the following items set forth below, which shall become the property of the
Owner and may be used by Owner without restriction or limitation and at no
additional cost to Owner:
1. Original mylar plan sheets with original certification signatures.
Prepare and provide all Project documents with original certification
and regulatory approval signatures.
3. Reproducible copy of all Project documents prepared by the
Consultant, including all electronic data.
All Project drawings in AutoCAD (Release 2000 format) together with
any related symbol and/or font libraries.
The Project will require the creation of a quality assurance and control
manual. The manual will cover each area of the project and include
sufficient Project calculations, details, certifications, cost estimates,
survey notes, charts, reports, studies, sketches, maps, and other
documentation to demonstrate the projected performance of the
design element. The first copy of this manual must be submitted with
the completion of the Preliminary Design phase. An updated version
shall be submitted at the 65% Phase of the Final Design Phase and
at the 90% Phase of the Final Design Phase. The final version shall
be submitted with completion of the Final Design Phase.
o
A monthly progress report from Consultant shall be submitted to
Owner through the entire course of the Project life. The progress
report shall include a system, to be approved by the Owner, to ensure
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 12 of 24
that all outstanding questions and/or requests for additional
information by Owner are satisfied in a timely manner.
Six hard copies of the Plant Operations and Maintenance Manual
developed by the Consultant in a format approved by the Owner.
Two CD copies of the Plant Operations and Maintenance Manual in
Microsoft Word (Graphic Files may be submitted in a form other than
Microsoft Word with Owner approval). A Computerized Operations
and Maintenance Manual to be developed by the Consultant and
integrated with the Plant SCADA system in a form to be agreed upon
with Owner. Adequate computer back-up disks for the Computerized
Operations and Maintenance Manual shall be provided to Owner by
Consultant.
Field certified record drawings (As-builts) will be submitted within thirty
days of the conclusion of the Construction Phase.
Sufficient training materials, in the form of manuals or workbooks, to
train a total staff of 60 at the WPCP. These materials shall be
approved by Owner in writing and distributed through the staff training
program. One copy of the training materials shall be submitted as
electronic copies.
PERSONNEL
The Consultant hereby designates assignments for this Project as
follows:
Principal in Charge:
Project Manager:
Process Specialist:
Project Architect:
Civil Engineer:
Structural Engineer:
Mechanical Engineer:
Electrical Engineer:
Instrumentation:
Robert S. Difiore, P.E.
Ronald L. Taylor, P.E.
David A. Nailor, P.E.
William H. Russell, A.I.A.
Michael Santowasso, P.E.
Benjamin L. Roach, P.E.
Allan L. Stone, P.E.
Gerald J. Ratsky, P.E.
Daniel B. Edwards, P.E.
Where circumstances require substitution for any of the above listed
personnel assignments, the Consultant shall so advise the Owner in
writing. The substitute shall be of the same or greater level of
expertise and experience as the personnel being replaced. The
Owner reserves the right to accept or reject any initial or substituted
Project personnel. The Consultant's Project Manager shall not be
reassigned or replaced during the term of the Contract without the
express written approval of the Owner.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 13 of 24
Owner and Consultant recognize that time is of the essence in the
completion of the work and that continuity of project personnel,
specifically the Consultant's Project Manager, is critical to the success
and value of the project and that the Owner will suffer loss or damage
from the replacement of the Consultant's Project Manager. The
parties also recognize the delays, expense, and difficulties involved in
providing the actual loss or damages suffered by Owner if the
Consultant's Project Manager is replaced. Accordingly, replacement
of the Consultant's Project Manager shall result in Consultant paying
to Owner liquidated damages of $50,000 for the Owner's loss of
Project value and additional work required by the Owner to ensure
continuity of the Project, but not as a penalty. Consultant hereby
waives any defense as to the validity of any liquidated damages
stated herein on the grounds such liquidated damages could be void
as penalties or are not reasonably related to
actual damages. These liquidated damages are in addition to any
other damages Owner may be entitled to pursuant to this Contract or
by law.
SECTION 3: CONSULTANT FEES
The Consultant and Owner agree as follows:
All work under this Contract shall be on a lump sum basis. The lump sum
fee shall be determined on the basis of man-hours and associated hourly
rates for all work required by the Project Description. The Consultant agrees
that the lump sum fee is full and complete compensation for the completed
Project design, contract documents, and all costs incurred and services
rendered by the Consultant, without condition or limitation.
A task list showing Project tasks and associated man-hours is attached as
Attachment C.
Hourly rates for all personnel associated with the Project are included in
Attachment D. These rates shall remain in effect for the Contract term.
Escalation of rates is not permitted.
The lump sum fee for the Project will be paid, subject to approval by the
Owner of the Consultant's services, in accordance with the following Project
phases:
Conceptual Design Phase
Preliminary Design Phase
Final Design Phase
Project Bid Phase
Construction Phase
$ 265,400.00
$ 479,100.00
$1,649,800.00
$ 21,000.00
$ 684,700.00
Total Fee
$3,100,000.00
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 14 of 24
The Consultant agrees that the lump sum fee is full and complete
compensation for the completed Project design, contract documents, and all
costs incurred and services rendered by the Consultant, without condition or
limitation.
Work shall not begin on any phase of the Project without express written
authorization from the Owner. The Owner and the Consultant agree that the
Owner has the right to terminate, with or without cause, the Consultant's
services at any time and the Owner may cancel this Contract at any time
with or without cause and without incurring any liability, damages, or cost to
the Consultant, except as set forth in Section 6 (H).
SECTION 4: PAYMENT FOR CONSULTANT SERVICES
The Owner and Consultant agree that the Owner will only pay the Consultant a
portion of the total fee set forth above for each Project phase completed and
accepted by the Owner. The Consultant shall submit a request for payment not
more than once each month. The payment requested shall be in proportion to the
services completed by Project phase and approved by the Owner. The Owner shall
have the final decision with respect to the proportion of the Project completed. A
written progress report detailing work completed, identified problems, and remaining
work shall accompany each request for payment.
Consultant acknowledges and agrees that the Owner may retain, at the Owner's
Discretion, 5% retainage of all amounts requested by Consultant which will be paid
to Consultant upon final construction and completion of the Project and acceptance
by Owner. Furthermore, Owner may offset any monies Consultant may owe Owner
from any monies otherwise due to Consultant.
SECTION 5: SPECIAL CONDITIONS
It is agreed by the Parties hereto that one (1) reproducible copy each of the
reports, training manuals, Project Deliverables, drawings, tracings,
construction plans, specifications, maps, and other documents (including
electronic data) prepared or obtained under the terms of the Contract shall
be delivered to and become the property of the Owner and basic survey
notes and sketches, charts, computations, and other data shall be made
available, upon request, to the Owner without restriction or limitation on their
use at no additional cost to the Owner. Further, Consultant shall require
Consultant's contractors or subcontractors, if any, to comply with the
provisions contained herein.
It is agreed by the Parties hereto that the Consultant shall proceed to furnish
professional services on any phase of the Project under the terms provided
in this Contract only after a Notice to Proceed with the next phase has been
given to the Consultant in writing by the Owner.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 15 of 24
Each party binds itself, its principals, successors, executors, administrators,
and assigns to perform all covenants and provisions of this Contract. Except
as above noted, neither the Owner nor the Consultant shall assign or transfer
its interest in this Contract without the written consent of the other Party
hereto, which consent shall not be unreasonably withheld.
The term of this Contract will be completed upon final approval and
acceptance of the completed Project by Owner and any participating
agencies. However, nothing contained herein shall be construed to establish
a period of limitation with respect to any obligation which the Consultant
might have under the Contract or the law of Virginia, including liability for
errors and omissions.
The Consultant agrees to conduct all the services in compliance with all
applicable requirements imposed by or pursuant to Title VI of the Civil Rights
Act of 1964, Part 21 of the Regulations of the Secretary of Transportation
and Executive Order No. 11246, "Equal Employment Opportunity" as
supplemented in Department of Labor Regulations (41 CFR, Part 60); and
agrees to comply with all applicable standards, orders, or regulations issued
pursuant of the Clean Air Act of 1970; and will maintain an Affirmative Action
Program, if required by applicable law.
Owner advises Consultant that failure of Consultant to carry out the
requirements set forth in 45 Federal Register 21186, Section 23.43 (a)
(1980) dealing with minority business enterprise, where appropriate, shall
constitute a breach of contract and may result in termination of this Contract
or such remedy as Owner deems appropriate.
Consultant agrees that the work and services (which shall include, but not be
limited to, all plans, drawings, and specifications) Consultant provides for the
Owner pursuant to this Contract will comply with all applicable federal, state,
and local laws, codes, and regulations that are in effect as of the date of the
Contract. Furthermore, Consultant shall, in a timely manner, inform in writing
the Owner, during the term of the Contract and until completion of the
Consultant's services, about changes or modifications of all such laws,
codes, or regulations that may affect or require modification or changes to
any part of the Project so that Owner will be able to determine if changes or
modifications should be made to the Project before completion.
The Consultant agrees that the Owner, and any approving Federal or State
Agency or any of their duly authorized representatives, shall have access to
any books, documents, papers, and records of the Consultant which are
pertinent to this Project for the purpose of making an audit, examinations,
copies, excerpts, or transcriptions.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 16 of 24
The Consultant shall, at its sole expense, obtain and maintain during the life
of this Contract the insurance policies and bonds required by this Section.
Any of Consultant's contractors or subcontractors shall also have the same
insurance coverage before commencing work. Any required insurance
polices and bonds shall be effective prior to the beginning of any work or
other performance by the Consultant under this Contract. The following
polices and coverage are required:
Commemial General Liability. Commercial General Liability insurance
shall insure against all claims, loss, cost, damage, expense or liability
from loss of life or damage or injury to persons or property arising out
of the Consultant's performance under this Contract. The minimum
limits of liability for this coverage shall be
$ 6,000,000 combined single limit for any one occurrence, which
amount can be met by an Umbrella Policy.
Contractual Liability. Broad form Contractual Liability insurance shall
include the indemnification obligation set forth in this Contract.
Workers' Compensation. Workers' Compensation insurance covering
Consultants's statutory obligation under the laws of the
Commonwealth of Virginia and Employer's Liability insurance shall be
maintained for all its employees engaged in work under this Contract.
Minimum limits of liability for Employer's Liability shall be $100,000
bodily injury by accident each occurrence; $500,000 bodily injury by
disease (policy limit); and $100,000 bodily injury by disease (each
employee). With respect to Workers' Compensation coverage, the
Consultant's insurance company shall waive rights of subrogation
against the City, its officers, employees, agents, volunteers and
representatives.
Automobile Liability. The minimum limit of liability for Automobile
Liability Insurance shall be $2,000,000 combined single limit
applicable to owned, non-owned, or hired vehicles used in the
performance of any work under this Contract.
Professional Liability: Minimum limits of insurance coverage for
Professional Liability shall be $15,000,000 per claim and
$15,000,000 policy aggregate.
Umbrella Coveraqe. The insurance coverages and amounts set forth
in subsections (1), (2), (3), and (4) of this Section may be met by an
umbrella liability policy following the form of the underlying primary
coverage. Should an umbrella liability insurance coverage policy be
used, such coverage shall be accompanied by a certificate of
endorsement stating that it applies to the specific policy numbers
indicated for the insurance providing the coverages required by
subsections (1), (2), (3), and (4), and it is further agreed that such
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 17 of 24
statement shall be made a part of the certificate of insurance
furnished by the Consultant to the City.
Evidence of Insurance. All insurance, with the exception of
Professional Liability Insurance, shall be written on an occurrence
basis. Professional Liability Insurance may be written on a claims-
made basis. In addition, the following requirements shall be met:
a)
Consultant shall furnish the City a certificate or certificates of
insurance showing the type, amount, effective dates and date
of expiration of the policies. Certificates of insurance shall
include any insurance deductibles.
b)
The required certificate or certificates of insurance shall
include substantially the following statement: "The insurance
covered by this certificate shall not be canceled or materially
altered, except after thirty (30) days written notice has been
provided to the Risk Management Officer and the City
Engineer for the City of Roanoke."
c)
In addition to the required certificate or certificates of
insurance, such policies, excluding those for Workers
Compensation and Professional Liability, shall name the City
of Roanoke, its officers, employees, agents, volunteers and
representatives as additional insureds through additional
insured endorsements to the policy or policies. This action
shall be documented to Owner within 30 days of the date of
the Contract.
d)
Where waiver of subrogation is required with respect to any
policy of insurance required under this Section, such waiver
shall be specified on the certificate of insurance.
e)
Insurance coverage shall be in a form and with an insurance
company approved by the City which approval shall not be
unreasonably withheld. Any insurance company providing
coverage under this Contract shall be authorized to do
business in the Commonwealth of Virginia.
The Consultant agrees to and shall indemnify and hold harmless
Owner and its officers, agents, volunteers, and employees against
any and all liability, losses, damages, claims, causes of action, suits
of any nature, cost, and expenses, including reasonable attorney's
fees, resulting from or arising out of Consultant's or it's agent's,
subcontractor's and/or subconsultants' negligent activities or
omissions on or near any of the Owner's property or easements
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 18 of 24
involved in this Project or arising out of or resulting from Consultant's
negligence in providing any of the services under this Contract,
including, without limitation, fines and penalties, violations of federal,
state, or local laws, or regulations promulgated thereunder, or any
personal injury, wrongful death, or property damage claims of any
type.
While on Owner's property and in its performance of this Contract,
Consultant or it's agents, subcontractor's and/or subconsultant's shall
not transport, dispose of, or release any hazardous substance,
material, or waste, except as necessary in performance of its work
under this Contract and Consultant shall comply with all federal, state,
and local laws, rules, regulations, and ordinances controlling air,
water, noise, solid wastes, and other pollution, and relating to the
storage, transport, release, or disposal of hazardous materials,
substances, or waste. Regardless of Owner's acquiescence,
Consultant agrees to and shall indemnify and hold Owner, its officers,
agents, volunteers, and employees harmless from all costs, damages,
liabilities, fines, or penalties, including attorney's fees, resulting from
violation of this paragraph and agrees to reimburse Owner for all
costs and expenses incurred by Owner in eliminating or remedying
such violations. Consultant also agrees to reimburse Owner and hold
Owner, its officers, agents, volunteers, and employees harmless from
any and all costs, damages, expenses, attorney's fees and all
penalties or civil judgments obtained against any of them as a result
of Consultant's or it's agents, subcontractors and/or subconsultants
use or release of any hazardous material, substance, or waste onto
the ground or otherwise, or into the water or air from or upon or near
Owner's property or easements.
The provisions, requirements, and prohibitions as contained in
Sections 2.2 - 4367 through 2.2 - 4377 of the Virginia Code (Ethics in
Public Contracting), pertaining to bidders, offerers, contractors, and
subcontractors are applicable to this Project.
SECTION 6: SPECIAL PROVISIONS
Ao
If any of the services furnished under this Contract by the Consultant are
furnished by obtaining such services outside the Consultant's organization,
the Consultant shall provide an executed contract between the person(s) or
firm and the Consultant and shall outline the services to be performed and
the charges for the same. Such contracts shall be subject to approval by the
Owner. Two copies of the executed contract shall be submitted to the Owner
for approval prior to the services being performed. The Consultant shall be
solely responsible for all costs and expenses in connection with any such
contracts.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Page 19 of 24
Contract for Consultant Services
Revised 10/01/01
The Owner shall make available to the Consultant all reasonable technical
data that is in the Owner's possession, including maps, surveys, property
descriptions, borings, and other information requested by the Consultant and
relating to his work. The Owner and the Consultant agree that the Owner
may decide in its sole discretion the reasonableness of any information
requested by the Consultant. Consultant recognizes that the information
provided by Owner represents the most accurate information possible and
should be subject to verification utilizing the Consultant's expertise. The
Owner shall designate, in writing to the Consultant, the name of the Owner's
Project manager for the Project.
The Consultant shall review Map Plan #6129 for locations of archeological
sites within the City of Roanoke and shall notify the Owner of any potential
conflicts between the proposed Project and such sites.
The Owner shall pay for the following: (1) publishing costs for advertisements
of notices, public hearings, requests for bids, and other similar items; (2) for
all permits and licenses that may be required by local, state, or federal
authorities; and (3) for the necessary land, easements, and rights-of-way
required for the Project.
The Owner reserves the right to and may issue a contract for the provision of
design review services from a second consulting firm at the Owner's
expense. Such review services may include reviews at the 35%, 65%, and
90% Design Phases, or other Phases, as well as being involved in each
workshop and design meeting. The Consultant agrees to provide all
reasonable assistance, cooperation, and information required by such
second firm selected to conduct the additional review services.
The Owner reserves the right to and may issue a contract for provision of
Project Management services from a consulting firm at the Owner's
expense. The Consultant agrees to provide all reasonable assistance,
cooperation, and information required by such firm selected to conduct
Project Management services including, but not limited to, the modification of
specifications to include such language necessary to incorporate the Project
management plan and activities of any such selected firm.
Partnering Jurisdictions with the City of Roanoke, either individually or as a
group, may issue a contract for provision of design or other review services
from a consulting firm at the their expense. The Consultant agrees to
provide all reasonable assistance, cooperation, and information required by
any such firm selected to conduct such additional review services.
The Owner by seven days written notice may terminate this Contract, with or
without cause, in whole or in part at any time. Upon receipt of such notice,
the Consultant shall immediately discontinue all services affected (unless the
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 20 of 24
notice directs otherwise), and deliver to the Owner all data (including
electronic data), drawings, specifications, reports, estimates, summaries, and
such other information and materials, including electronic data, as may have
been produced and/or accumulated by the Consultant in performing this
Contract whether completed or in process.
If the termination is due to the failure of the Consultant to fulfill any of
its Contract obligations, the Owner may take over the work and
prosecute the same to completion by Contract or otherwise. In such
case, the Consultant shall be liable to the Owner for any damages
allowed by law, and upon demand of Owner shall promptly pay the
same to Owner.
Should the Contract be terminated not due in any way to the fault of
the Consultant, the Consultant shall only be entitled to compensation
for services actually performed prior to notice of termination and
approved by the Owner and any applicable federal or state approving
agency.
The rights and remedies of the Owner provided in this Section are in
addition to any other rights and remedies provided by law or under
this Contract and Owner may pursue any and all such rights and
remedies against Consultant as it deems appropriate.
If the construction plans are completed in accordance with criteria and/or
decisions made by the Owner and the said construction plans are
substantially changed or revised, for any reason other than the fault of the
Consultant in preparing same, then the Consultant shall be entitled to
compensation as mutually agreed upon between the Owner and Consultant
for rendering the services necessary to complete the changes. The amount
of this fee shall be negotiated between the parties. The fee for the changes
shall be due and payable when the revisions are approved by the Owner. If
agreement cannot be reached between the parties for rendering such
services, then the Owner can terminate the Contract without any liability of
any type for any damages or compensation to the Consultant, and the Owner
will owe nothing further to the Consultant. However, if such changes or
revisions are due in any way to the fault of the Consultant, the Owner can
require the Consultant to perform the services required under this Contract
and make such changes and revisions without any additional charges by the
Consultant and pursue such other remedies available to the Owner under
this Contract or by law, or any combination of such remedies as the Owner
deems appropriate.
By virtue of entering into this Contract the Consultant submits itself to a court
of competent jurisdiction in the City of Roanoke, Virginia, and further agrees
that this Contract is controlled by the laws of the Commonwealth of Virginia
and that all claims, disputes, and other matters shall only be decided by such
a court according to the laws of the Commonwealth of Virginia.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 21 of 24
Lo
Consultant agrees that no payment, final or otherwise, nor partial or entire
use, occupancy, or acceptance of the Project by the Owner shall be an
acceptance of any professional services not in accordance with the Contract,
nor shall the same relieve the Consultant of any responsibility for any errors
or omissions in connection with the Project or operate to release the
Consultant from any obligation under the Contract.
The Consultant shall be fully responsible to the Owner for all acts and
omissions of all of its succeeding tiers of subcontractors, agents, and
subconsultants performing or furnishing any of the work just as the
Consultant is responsible for its own acts and omissions.
During the performance of this Contract, the Consultant agrees as follows:
The Consultant will not discriminate against any subcontractor,
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 Consultant. The Consultant agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
nondiscrimination clause.
The Consultant, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, will state that such
Consultant is an equal employment opportunity employer.
Notices, advertisements, 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 Consultant will include the provisions of the foregoing
Subsections (1,2, and 3) in every subcontract or purchase order of
over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
Consultant agrees that the City's waiver or failure to enforce or require
performance of any term or condition of this Contract or the City's waiver of
any particular breach of this Contract by the Consultant extends to that
instance only. Such waiver or failure is not and shall not be a waiver of any
of the terms or conditions of this Contract or a waiver of any other breaches
of the Contract by the Consultant and does not bar the City from requiring
the Consultant to comply with all the terms and conditions of the Contract
and does not bar the City from asserting any and all rights and/or remedies it
has or might have against the Consultant under this Contract or by law.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 22 of 24
Oo
If any provision of this Contract, or the application of any provision hereof to
a particular entity or circumstance, shall be held to be invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions
of the Contract shall not be affected and all other terms and conditions of the
Contract shall be valid and enforceable to the fullest extent permitted by law.
(1)
During the performance of this Contract, the Consultant agrees to (i)
provide a drug-free workplace for the Consultant's employees; (ii) 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 Consultant's
workplace and specifying the actions that will be taken against
employees for violations of such prohibition; (iii) state in all
solicitations or advertisements for employees placed by or on behalf
of the Consultant that the Consultant maintains a drug-free workplace;
and (iv) include the provisions of the foregoing clauses in every
subcontract or purchase order over $10,000, so that the provisions
will be binding upon each subcontractor or vendor.
(2)
For the purpose of this section, "drug-free workplace" means a site for
the performance of work done in connection with a specific contract
awarded to a Contractor, 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 Contract.
Pursuant to Virginia Code Section 2.2 - 4343.1, be advised that the City of
Roanoke does not discriminate against faith-based orqanizations.
This Contract constitutes the entire agreement between the Consultant and
the City and may be amended only by written instrument signed by both the
Consultant and the City.
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Contract for Consultant Services
Revised 10/01/01
Page 23 of 24
IN WITNESS WHEREOF, the parties hereto have affixed their hand and
seals.
ATTEST:
Hazen and Sawyer, P.C.
By
Printed Name and Title
(SEAL)
Printed Name and Title
ATTEST:
CITY OF ROANOKE, VIRGINIA
City Clerk
By
City Manager
Approved as to form:
Appropriation and Funds Required
for this Contract Certified:
City Attorney
Approved as to Execution:
Director of Finance
Account #
Date
City Attorney
Authorizing Measure:
Project: Engineering Design And Related Services For
The Expansion of the City of Roanoke WPCP
Page 24 of 24
Contract for Consultant Services
Revised 10/01/01
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #79-140
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. 36038-081902 adding a new Section 32-7,
Delinquent Real Estate Taxes, to Chapter 32, Taxation, Code of the City of Roanoke
(1979), as amended, requiring that real estate taxes be current before certain applications
may be made to the City; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
H:'~Agenda.02XAugust 19, 2002 correspondence.wpd
Darlene L. Burcham
August 21,2002
Page 2
pc:
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
District Court
The Honorable
District Court
The Honorable
Court
Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
Julian H. Raney, Jr., Chief Judge, General District Court
George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
William D. Broadhurst, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
Philip Trompeter, Judge, Juvenile and Domestic Relations District
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to
Municipal Code Corporation)
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Michael R. Meise, Law Librarian
Jesse A. Hall, Director of Finance
The Honorable David C. Anderson, City Treasurer
The Honorable Sherman A. Holland, Commissioner of the Revenue
R. Brian Townsend, Director, Depadment of Planning, Building and Development
H:~Agenda.02X, August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day Of August, 2002.
'No.136038-081902.
AN ORDINANCE adding a new Section 32-7, Delinquent Real Estate Taxes, to
Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, requiring that real
estate taxes be current before certain applications may be made to the City; and dispensing with
the second reading of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, be
amended by the addition of a new Section 32-7, Delinquent Real Estate Taxes, to read and
provide as follows:
Section 32-7. Delinquent Real Estate Taxes.
Pursuant to the provisions of Section 15.2-2286.B, Code of Virginia
(1950), as amended, prior to the initiation of an application for, or final approval
of, a special exception, a variance, or a rezoning pursuant to the provisions of
Chapter 36.1, Zoning, of this Code, or for a building permit pursuant to the
provisions of Chapter 7, Building Regulations, of this Code, or for an erosion and
sediment control or other land disturbing permit pursuant to the provisions of
Chapter 11.1, Erosion and Sediment Control, of this Code, the applicant shall
produce satisfactory evidence that any delinquent real estate taxes owed to the
City which have been properly assessed against the subject property have been
paid.
2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
ATTEST:
City Clerk.
WILLIAM M. HACKYVORTH
CITY ATTORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FAX: 540-853-1221
E-MAIL: cityatty~ci.roanoke.va.us
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
CAROLYN H. FURROW
ASSISTANT CITY ATTORNEYS
August 19, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re:
Delinquent Real Estate Taxes
Dear Mayor Smith and Council Members:
During its last session, the General Assembly amended §15.2-2286.B., Code of
Virginia, to provide that:
B. Prior to the initiation of an application for a special
exception, special use permit, variance, rezoning or other land
disturbing permit, including building permits and erosion and
sediment control permits, or prior to the issuance of final approval,
the authorizing body may require the applicant to produce
satisfactory evidence that any delinquent real estate taxes owed to
the locality which have been properly assessed against the subject
property have been paid.
At the request of the City Manager, I have prepared the attached ordinance which would
implement this provision in the City. Adoption of this ordinance will ensure that real estate taxes
are current on properties where the enumerated types of approvals and permits are being sought.
Please let me know if you have any questions with regard to this ordinance.
With kindest personal regards, I am
WMH/f
c: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
David C. Anderson, City Treasurer
Sincerely yours,
William M. Hackworth
City Attomey
Sherman A. Holland, Commissioner of the Revenue
Brian Townsend, Director of Planning, Building and Development
H:\l-hmtaxpaybefore. 1 .doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #236-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
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,
August 19, 2002, Council adopted Ordinance No. 36039-081902 approving $125,000.00
for the Title I Even Start Family Literacy Grant. Council Members Wyatt and Dowe
requested that the City Manager discuss further training for participants of the program with
the Superintendent of Schools.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
H:~Agenda.02XAugust 19, 2002 correspondence.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #60-236-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
lam attaching copy of Ordinance No. 36039-081902 amending and reordaining certain
sections of the 2002-03 School Fund Appropriations, providing for appropriation of
$125,000.00 for the Title I Even Start Family Literacy 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc~
Darlene L. Burcham, City Manager
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
H:'~Agenda.02XAugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of August, 2002.
No. 36039-081902.
AN ORDINANCE to amend and reordain cedain 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 cedain sections of
the 2002-2003 School Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Education $ 41,530,945
Title I-Even Start Family Literacy Grant FY03 (1-7) ................................... 125,000
Revenues
Education $ 41,530,945
Titlel-Even Start Family Literacy Grant FY03(8) ...................................... 125,000
1) Compensation of
Teachers
2) Compensation of
Teacher Aides
3) Social Security
4) VRS Retirement
5) Medical Insurance
6) Professional Health
Services
7) Other Professional
Services
8) Federal Grant
Receipts
(030-061-6196-6000-0121 )
(030-061-6196-6000-0141 )
(030-061-6196-6000-0201 )
(030-061-6196-6000-0202)
(030-061-6196-6000-0204)
(030-061-6196-6000-0311 )
(030-061-6196-6000-0313)
(030-061-6196-1102)
$ 79,297
3,347
5,929
10,014
6,413
1,000
19,000
125,000
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. 0. Box 13145, Roanoke, VA 24031
Office: 540-853-2381 ~ Fax: 540-853-2951
August :~9, 2002
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council'
As the result of official School Board action at its August :[3
meeting, the Board respectfully requests City Council to approve the
appropriation of $:~25,000.00 for the Title ! Even Start Family
Literacy Grant. The program will provide parental and preschool
workshops for family literacy efforts at the preschool and adult
education levels. This continuing program is one hundred percent
reimbursed by federal funds.
Thank you for your attention to this request.
Sincerely,
Cindy H. Lee, Clerk
re
CC:
Mrs. Gloria Pi Manns
Dr. E. Wayne Harris
Mr. Richard Li 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@ci.roanoke.va.us
August 19, 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.us
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:
$125,000.00 for the Title I Even Start Family Literacy Grant. The program will provide
parental and preschool workshops for family literacy efforts at the preschool and adult
education levels. This continuing 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/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
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36040-081902.
A RESOLUTION canceling the work session meeting of City Council scheduled to be
held at 12:15 p.m., on September 30, 2002, and changing the date of the regular meeting of
City Council scheduled to be held at 12:15 p.m. and 2:00 p.m., on Tuesday, October 1,2002,
to 12:15 p.m., and 2:00 p.m., on Thursday, October 3, 2002.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The work session meeting of City Council scheduled to be held at 12:15 p.m.,
Monday, September 30, 2002, is hereby CANCELED.
2 The meeting of City Council regularly scheduled to be held at 12:15 p.m. and
2:00 p.m., on Tuesday, October 1, 2002, is hereby rescheduled to commence at 12:15 p.m.,
and 2:00 p.m., on Thursday, October 3, 2002.
2. Resolution No. 35958-070202, adopted July 2, 2002, is hereby amended to the
extent it is inconsistent with this resolution.
3. The City Clerk is directed to cause a copy of this resolution to be posted
adjacent to the doors of the Council Chambers and inserted in a newspaper having general
circulation in the City at least seven days prior to September 30, 2002, and at least seven
days prior to the meeting of October 3, 2002.
ATTEST:
City Clerk.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
CITY OF ROANOKE
MUNICIPAL BLDG ROOM 456
ROANOKE VA 24011
REFERENCE: 10154151
01960877
SchoolBoard-WilliamS
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
~~hed in said newspapers on the following
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
~__~_-_ day of August, 2002. Witness my hand and
offici~
-~j- " -- ~ Notary Public
POBL!SHED ON: 08/09
TOTAL COST: 197.48
FILED ON: 08/16/02
..................................................
Authorized
Signature:
, Billing Services Representative
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 1,2002
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Pursuant to advertisement for applications to fill the unexpired term of office of William E.
Skeen as a Trustee of the Roanoke City School Board, the following applications were
submitted prior to the deadline on Thursday, August 1:
John W. Elliott, Jr.
Lewis P. Grogan, Jr.
Michael W. Ridenhour
Council will hold a public hearing on Monday, August 19, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to receive the views of citizens. Appointment of
a School Trustee is scheduled for the Council meeting to be held on Tuesday,
September 3 at 2:00 p.m.
With kindest personal regards, I am
Sincerely,
Stephanie M. Moon
Deputy City Clerk
:sm
pc:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
N :\cksm 1 \School. 02\. Skeen .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~ci.roanoke.va.us
August21,2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
Dear Mr. Lemon:
I am enclosing copy of Ordinance No. 36041-081902 rezoning a tract of land described as
a 0.010 acre portion of Lot 1, Block 7, Mountainview, Official Tax No. 1221013, and a
0.204 acre portion of Lots 11 and 12, Block 7, Mountainview, Official Tax No. 1221014,
from RM-2, Residential Multi-Family, Medium Density District, to LM, Light Manufacturing
District; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely, '~~l~--
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Trompeter Brothers, L.C., P. O. Box 20468, Roanoke, Virginia 24018
Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24011
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
Madha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven ,J. Talevi, Assistant City Attorney
F; 'XAgenda.02\August 19.2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36041-081902.
AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 122, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City; and dispensing with the second reading of this ordinance by title.
WHEREAS, Valley Pine Mortgage, Inc. has made application to the Council of the
City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential
Multifamily, Medium Density District to LM, Light Manufacturing District; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on August 19, 2002, after due and timely notice thereof as required by {}36.1-693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after considering the aforesaid application, the
H:\OII. DINANCES\O-REZVALLEYPINEVA. AVE( 081902).DOC
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
August 19, 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 Valley Pine Mortgage, Inc., that two vacant parcels of
land on Virginia Avenue, S.W., designated as Official Tax Nos.
1221013 and 1221014, be rezoned from RM-2, Residential
Multifamily, Medium Density District, to LM, Light Manufacturing
District.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, July 18, 2002. By a vote of
6-0 (Mr. Hill absent), the CommiSsion recommended approval of the rezoning request
Background:
The two subject parcels are between Virginia Avenue and the Norfolk and Southern
railroad tracks. The Petitioner has a contract pending with the owners of Black Dog
Architectural Salvage, which plans to relocate its business to the site. The Department
of Economic Development is assisting Black Dog Salvage with relocation from its
Franklin Road address.
Considerations:
Surrounding zoning is residential and industrial. Zoning to the northeast of the subject
parcels is RS-3 and RM-2. To the south, the zomng is LM. To the northwest, the
zoning is HM.
Surrounding land uses are mixed. To the east is a nonconforming mobile home park
(zoned LM). The site is separated from other residential uses to the north by the
railroad tracks. Other surrounding land uses are industrial.
The prospective owners plan to use the existing warehouse building on Official Tax Map
No. 1221201 and the adjoining parcels, Official Tax Map Nos. 1221203 and 1221207, to
house an antique storage and retail sales establishment. The prospective owners
propose to use the subject properties for parking.
Access to the mobile home development is via Hanna Circle. Virginia Avenue provides
access to the site of the subject properties. The Manager of Streets and Traffic has
advised that the proposed use will have no notable impact on traffic in the area.
An economic development policy of Vision 2001-2020 is to encourage redevelopment of
underused industrial sites. Rezoning of the subject properties will allow industrial
development of the adjoining industrial parcels. The subject properties are contiguous to
an LM district, and are best suited for industrial development.
Recommendation:
By a vote of 6-0 (Mr. Hill absent), the Commission recommended that City Council
approve the request to rezone the subject properties to LM, Light Manufacturing. The
rezoning is consistent with the policies of Vision 2001-2020 in that it will encourage
redevelopment of an underused industrial site.
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
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
Stephen W. Lemon, Attorney for the Petitioner
Tom Hanes, President, Greater Raleigh Court Civic League
2
IN THE COUNCIL OF THE CITY Of ROANOKE, VIRGINIA
IN RE:
Rezoning of a tract of land described as 0.010 Acre tract part of Lot
1, Block 7, Mountainview, Official Tax Map No. 1221013 and 0.204
Acre tract part of Lots 11 and 12, Block 7, Mountainview, Official
Tax Map No. 1221014, from RM-2; Residential Multifamily District,
Medium Density Distdct to LM; Light Manufacturing District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, Valley Pine Mortgage, Inc. n/k/a V.P. Mortgage, Inc., a
Maryland Corporation, owns two tracts of land in the City of Roanoke containing
0.010 acres, more or less, and 0.204 acres, more or less, as described above,
located on Virginia Avenue, SW. Said tracts are currently zoned RM-2;
Residential Multifamily District, Medium Density. A map of the property to be
'rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as
amended,' the Petitioner requests that the said property be rezoned from RM-2,
Residential Multifamily District, Medium Density Distdct to, LM, Light
Manufacturing District, for the purpose of conforming the zoning of the subject
parcels to that of the adjoining property owned by petitioner (as well as ali other
directly contiguous property) in order to promote the uniform development of the
entire property. It is intended that the rezoned property will be utilized as parking
as shown on Exhibit A. The rezoning will allow the Petitioner to fully utilize the
property because parking is permitted in the LM District. In addition, Petitioner
intends to install the fencing detailed on Exhibit A in order to provide security for
the parking.
The Petitioner believes the rezoning of the said tract of land will further the
intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan,
in that it will encourage and promote economic development activities that
provide desirable employment and enlarge the tax base; regulate and restrict the
location of trades, industries and residence and provide for logical and consistent
zoning of contiguous property with natural barriers to adjoing districts. This
rezoning will further a key element in the City's new Comprehensive Plan in that
it will allow for the redevelopment of an existing underutilized commercial site.
The site once redeveloped will return an unproductive property to a new and
viable use, which will complement and augment the nearby Raleigh Court
neighborhood village center. The rehabilitation of this site will also assist the
viewshed of a significant gateway corddor into the heart of the City
Attached as Exhibit B are the names, addresses and tax numbers of the
owner or owners of all lots of property immediately adjacent to and immediately
across a street or road form the properS/to be rezoned.
WHEREFORE, Ihe Petitioner requests that the above-described tract be
rezoned as requested in accordance with the provisions of the Zoning Ordinance
of the City of Roanoke.
Respectfully submitted this 60~ day of June, 2002.
RespectfUlly submitted,
V.P. Mortgage, Inc., a Maryland Corporation
Stephen W. Lemon, Eq.
Martin, Hopkins, & Lemon, P.C.
P.O. Box 13366
Roanoke, VA 24033
540-982-1000
USB No 33900
EXHIBIT B
Official Tax No./
Street Address
1221201
1221301
N/A
~Owner
Valley Pine Mortgage, Inc.
Trompeter Brothers, LC
Norfolk & Southern
1222401
City of Roanoke
~ Address'
701 W. Church St.
Orlando, FL 32802
PO BOX 20468
Roanoke, VA 24018
110 Franklin Road, SE
Roanoke, VA 24011
215 Church Ave, SW
Roanoke, VA 24011
Proposed Rezoning
Proposed Rezoning:
RM-2 to LM
1:222~3 1~1~3
1221406
1221207
1221301
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times RECE~VEO
............................................................ <'~rl-Y-
MARTIN, HOPKINS & LEMON
P. O. BOX 13366
ROANOKE VA 24033
REFERENCE: 80068377
01958105
Mountainview
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 followin9
dates:
City/County of Roanoke, Commonwealth/State of
V._~a. Sworn and subscribed before me this
ay of August, 2002. ~tness my hand and
~f~ial seal.
_~_/~___~_~_~~_,~N~t~a r~L, ~.ALb-I i c
My commission expires ~~ .
PUBLISHED ON: 08/02 08/09
TOTAL COST:
FILED ON:
225.72
08/09/02
'02 AU612 P3:47
Signature :__
, Billin9
Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will ihold a Public Hearing on
Monday, August 19, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2,
Residential Multifamily, Medium Density District, to LM, Light Manufacturing District, the
following property:
A tract of land described as 0.010 acre tract part of Lot 1, Block 7,
Mountainview, Official Tax Map No. 1221013 and a 0.204 acre tract part of
Lots 11 and 12, Block 7, Mountainview, Official Tax Map No. 1221014.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
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, August 15, 2002.
GIVEN under my hand this 29th day of July ,2002.
Mary F. Parker, City Clerk.
H \NOTICES\N-RF, ZOVA! ,I .EYPINE(0g 1902'1 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(~¢i.roanoke.va, us
July 31,2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
Dear Mr. Lemon:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 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., on the request of Valley Pine Mortgage, Inc., that a tract of land described' as a
0.010 acre portion of Lot 1, Block 7, Mountainview, Official Tax No. 1221013, and a 0.204
acre portion of Lots 11 and 12, Block 7, Mountainview, Official Tax No. 1221014, be
rezoned from RM-2, Residential Multi-Family District, Medium Density District, to LM, Light
Manufacturing District.
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 wilt be necessary for you, or your representative, to be present at the August 19
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Enclosure
pc: Valley Pine Mortgage, Inc., 701 West Church Street, Orlando, Florida 32802
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: ¢lerk@ci.roanok¢.va. us
July 31,2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Trompeter Brothers, L.C.
P. O. Box 20468
Roanoke, Virginia 24018
Norfolk & Southern Corporation
110 Franklin Road, S. E.
Roanoke, Virginia 24011
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 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., on the request of Valley Pine Mortgage, Inc., requesting that a tract of land
described as a 0.010 acre portion of Lot 1, Block 7, Mountainview, Official Tax No.
1221013, and a 0.204 acre portion of Lots 11 and 12, Block 7, Mountainview, Official Tax
No. 1221014, be rezoned from RM-2, Residential Multi-Family District, Medium Density
District, to LM, Light Manufacturing District.
The City Planning Commission is recommending that Council approve the requests 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,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
GLENN
FELDMANN
DARBY
GOODLATTE
DIANA B. SHEPPARD
Legal Assistant
Direct Dial (540) 224-8026
E-mail dsheppard~gfdg.com
210 1st Street S
Suite 200
Post Office Box 28~7
Ro[moke. Virginia 2400I
5402248000
Fax 540.2248050
gfdg{~gfdg.com
July 12, 2002
HAND DELIVERED
Ms. Martha Franklin
City of Roanoke Planning Department
Municipal Building
Roanoke, Virginia
RECEIVED
JUL I 2 2002
CITY OF ROANOKE
, L~N,~!N~ L~tJ!L~I~ AND DEVELOPMEffi'
Re: Rezoning: Black Dog
Dear Martha:
Enclosed are petitions opposing the closing of Virginia Avenue that is a part
of captioned rezoning request.
Very truly yours,
C~~a~heppard
Legal Assistant
dbs: 1006004
Enclosures
GLENN,FELDMAN
Fax:540-224-8050
We, the undersi~ned r~idcnts of Hannah Mobile Horn~ Park, obj~'t to the closing of
Vir~ini~ Avenue. Tbs! road provides access to our hcrm.~. We us~ it dmly and r~ed it to
~n~i~ open. It is a oritic~l ~rg,ncy ~ for thc ovu-r 1 O0 r¢$id~'n~s of the Mobile Home
.~ b-1...£NN,FKLDiC¢~ Fax:S40-224-8050 Jul 5 2332
We, the under$ii~ned residcr~t~ of Hannah Mobile Home Park, obj~-'t to f. he closin~ of
'Virginia Avenue. Tha! road provides access to our homc~. We u~e it daily and need it to
~em~in open. It is & critical em~l~ency access for the o,~cr 100 rc$iden~s of~e Mobile Home
Addres~
GLENN,FELDH¢~ Fax:5~O-22~-8050 3~1 5 2002 ~4:::,u ~.~z
We, ~e u~der$i~ed residents of Hmmah :Mobile H~e Park, ob~ m ~e closing of
Virgin Av~ue. ~t ~ ~ovides a~ets to our h~s, We use it ~ly ~d ~ed it to
~ ~n. It is a ~c~ ~m~smcy ec~ for ~e ov~ 1~ rcsid~ts of~o Mobile Ho~
Park.
GLENN,FELDMAN Fax:540-224-SOSO Jul 3 2002 14:51 P. 03
Aclc~ss
Fax:540-224-g050 3ul 3 2,302 ~4:51 P. 03
GLENN,FELD~RN
Address
Address
I/
Address
Adcl~s$
Address
' GL£NN,F'ELDHC~N Fax:540-224-8~50 3u! ::5 2002 ~.4:5~ ~'. uz
Address
AcCess
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Valley Pine Mortgage, Inc., for property located on Virginia )
Avenue, S.W., Tax Nos. 1221013 and 1221014 from RM-2 to )AFFIDAVIT
LM )
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
19th day of June, 2002, notices of a public hearing to be held on the 18th day of July,
2002,on the amendment of proffers captioned above to the owner or agent of the
parcels listed below at their last known address:
Parcel Owner's Name
1221201 Applicant
1221301 Trompeter Brothers, LC
N&S
Norfolk & Southern
1222401 City of Roanoke
Mailing Address
701 W. Church Street
Orlando, FL 32802
P O Box 20468
Roanoke, VA 24018
110 Franklin Road, SE
Roanoke, VA 24011
Notices sent to the following neighborhood leaders:
Tom Hanes, President
Greater Raleigh Court Civic League
c/o Crews & Hancock, PLC
P O Box 21187
Roanoke, VA 24018
Dr. R. Douglas Ross
1602 Grandin Road, SW
Roanoke, VA 24015
/ Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 19th day of June, 200~ ..~,,~ ~
Notary Public
My Commission Expires:
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
CtT¥ CLE~?,S
TO WHOM IT MAY CONCERN: '02.
The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 18,
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
requests:
1. Request from Valley Pine Mortgage, Inc., that two vacant parcels of land on Virginia
Avenue, S.W., designated as Official Tax Nos. 1221013 and 1221014, be rezoned from
RM-2, Residential Multifamily, Medium Density District, to LM, Light Manufacturing
District.
2. Request from Valley Pine Mortgage, Inc., that a portion of Virginia Avenue, S.W., from
13th Street, S.W., to Spottswood, Avenue, S.W.; an alley lying between parcels bearing
Official Tax Nos. 1221013 and 1221014; and an alley lying between parcels beating
Official Tax Nos. 1221203 and 1221207, be permanently vacated, discontinued and
closed.
A copy of said applications are 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 heating, 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, July 2 and 9, 2002.
Please bill
Stephen W. Lemon
P O Box 13366
Roanoke, VA 24033
(540) 982-1000
Please send affidavit of publication to:
Department of Planning Building and Development
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 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
June 7,2002
File #51
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 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition received in the City Clerk's Office on June 6, 2002, from
Stephen W. Lemon, Attorney, representing Valley Pine Mortgage, Inc., requesting that a
tract of land described as a 0.010 acre portion of Lot 1, Block 7, Mountainview. Official Tax
No. 1221013, and a 0.204 acre portion of Lots 11 and 12, Block 7, Mountainview, Official
Tax No. 1221014, be rezoned from RM-2, Residential Multi-Family District, Medium
Density District, to LM, Light Manufacturing District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
N:\CICMH 1X,Rezonlngs. Street. Alley Closings.02xValley Pine Mortage.rezontng.wpa
Robert B. Manetta
June 7, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
The Honorable M. Rupert Cutler, Council Member- Elect, 2865 South Jefferson
Street, Roanoke, Virginia 24014
The Honorable Alfred T. Dowe, Jr., Council Member - Elect, 2711 Kirkland Drive,
N. W., Roanoke, Virginia 24017
Stephen W. Lemon, Attorney, Martin, Hopkins & Lemon, P. C., P. O. Box 13366,
Roanoke, Virginia 24033
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:LRezonings - Street. Alley Closings.02\Valley Pine Mortage.rezoning.wpd
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of a tract of land described as 0.010 Acre tract part of Lot
1, Block 7, Mountainview, Official Tax Map No. 1221013 and 0.204
Acre tract part of Lots 11 and 12, Block 7, Mountainview, Official
Tax Map No. 1221014, from RM-2; Residential Multifamily District,
Medium Density District to LM; Light Manufacturing District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, Valley Pine Mortgage, Inc. n/k/a V.P. Mortgage, Inc., a
Maryland Corporation, owns two tracts of land in the City of Roanoke containing
0.010 acres, more or less, and 0.204 acres, more or less, as described above,
located on Virginia Avenue, SW. Said tracts are currently zoned RM-2;
Residential Multifamily District, Medium Density. A map of the property to be
rezoned is attached as Exhibit A.~.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as
amended, the Petitioner requests that the said property be rezoned from RM-2,
Residential Multifamily District, Medium Density District to, LM, Light
Manufacturing District, for the purpose of conforming the zoning of the subject
parcels to that of the adjoining property owned by petitioner (as well as all other
directly contiguous property) in order to promote the uniform development of the
entire property. It is intended that the rezoned property will be utilized as parking
as shown on Exhibit A._~. The rezoning will allow the Petitioner to fully utilize the
property because parking is permitted in the LM District. In addition, Petitioner
intends to install the fencing detailed on Exhibit A in order to provide security for
the parking.
The Petitioner believes the rezoning of the said tract of land will further the
intent and purposes of the City's Zoning Ordinance and its Comprehensive Plan,
in that it will encourage and promote economic development activities that
provide desirable employment and enlarge the tax base; regulate and restrict the
location of trades, industries and residence and provide for logical and consistent
zoning of contiguous property with natural barriers to adjoing districts. This
rezoning will further a key element in the City's new Comprehensive Plan in that
it will allow for the redevelopment of an existing underutilized commercial site.
The site once redeveloped will return an unproductive property to a new and
viable use, which will complement and augment the nearby Raleigh Court
neighborhood village center. The rehabilitation of this site will also assist the
viewshed of a significant gateway corridor into the heart of the City
Attached as Exhibit B are the names, addresses and tax numbers of the
owner or owners of all lots of property immediately adjacent to and immediately
across a street or road form the property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described tract be
rezoned as requested in accordance with the provisions of the Zoning Ordinance
of the City of Roanoke.
Respectfully submitted this 6th day of June, 2002.
Respectfully submitted,
V.P. Mortgage, Inc., a Maryland Corporation
By:
Stephen W. Lemon, Eq.
Martin, Hopkins, & Lemon, P.C.
P.O. Box 13366
Roanoke, VA 24033
540-982-1000
USB No 33900
R = 768.98'
L = 52.72'
52.71'
CORNER O~ BUtLDING--%
IS 0,16' ~EST OF
PROPERTY UNE
R = 768.98'~~
L = 152.55' .
CH = N 31~O'09' E
LOADING DO<i(,
LOT 1
0.1.37 AC~
BOUNDED BY
CORNERS
3.4.5.6 TO 3
TAX NO. 1221207
LOT 5 ~
13th STREET. S.W.
R/'# V~RIES
WALL
~N
coNc. [
,~-~-8' x 8.5' OLD LOT~
150.~o'
.M. ON ~lS I DAY ~- ~~ , 1997.
A2~ 8. CRUSH. Ill C~_~
CORNER OF BUILOING
PROPERTY UNE
~ P A'V[M~T
p~
;,ED EY 0~.o
CORNE~ OF Bt~LDING
IS 0.29' ~ST OF
PROPERTY UNE
766.78'
5?-46'
52.45'
0.010 AC.
BOUNOL~ 8Y CORNERS
PORT1ON OF LOT 1
BLOCK 7
TAX ~O. 12210155
PIN
SET
S 4.3130'53' w
N.B. I PG. 1"158
VIONITY MAP
= 766.78'
L = 167.61'
CH - S 765~30" E
1612~
· PO~ON OF SPOTTS~3OO S~EET. $.W.
Ct. OS[D & VACATED BY ORDINANCJ[ NO.
2770~ DAS~D AUGUST 25, 1985
SEE D.B. 1525, PG. 1211
SURVEYORS NOTE:
IHE MAP OF MOUNTA;N ViEW OtD NOT CONTAIN AMY METES AND BOUNC)S
OE$CRtPllONS OF THE SUBJECT LOTS. ME'[ES AND BOUNDS SHO~Iq HEREON
ARE 8ASF. O ON O*B. 597, PG. 1755 WHICH CONTAINED A METES ANO BOUNDS
OESCARIp~oN GE' LOTS .3 ~.' 4, BLOCK 9 OF MOUNTAIN ~IEW LAND COMPANY.
~ETES & BOUNOS ON O33'IER LOTS ~RE PRO,~CTED BA~D ON O.B. 5597,
PG. 175.
THt$ PLAT IS B~D ON A CURR~T
FIELD SUR~.~'Y AND LEGAL O~ESCR/PTiON
CONTAINED IN D.B. 1513, PC,. 1033.
O.B. 15~1, PG. 1847 AND D.B. 1581, PG. 1045
NOTES: ;~
1. IHIS PLAT WAS FR[P~RED ~MIHOUT BENEFIT OF A '~11~_E
REPORT AND IS SUBdE~CT ,~4ERETO. THEREFORE, THERE MAY
1221201NIBROC INVESTMENTS 1513 1033
1221207NIBROC INVESTMENTS 151551055555
122101,.3 NIBROC INVESTMENTS ~513 10355
1221205AUTOMO~IVE ONE PARTS SER~4C~ INC. !561 1847
1221014AUTOMOnVE PARTS SERViCE OF
FLORIDA, INC. 1581 1045
40' 20' 0' 25' 50'
I'"'~'"',..~,."',~ .... ~ ~ 1' = 30'
GRAPHIC SCALE
THIS PLAT DOES NOT CONS~TUTE
A SUBDIVISION UNDER THE CURRENT
CITY OF ROANOKE SUBDIVISION ORDINANCE
BOUNDARY SURVEY FOR
NIBROC INVESTMENTS~ A FLORIDA
GENERAL PARTNERSHIP,
AUTOMOTI~,~: ONE PARTS SERYqCE~ INC. AND
AUTOMOTIVE PARTS SERVICE OF FLORIDA, INC.
OFAO.l&7 AC. pARCEL, A 0.862 AC. PARC[L, A O.010 AC. pARCEL, A O.121 AC.
pARCEL AND A 0.204 AC. PARCEL BEING LO,S I THRU 8, BLOCK 9
ANDApORtION OF LOT 1, 11 & 12, BLOCK 7, MAP OF MOUNTAIN VIEW,
SITUATE ON 13th S~EET, B,W., VIRGINIA AVENUE, $.W.
AND S°01'rswooD AVENUE,
ROANOKE, V1RGINIA
T. P. PARKER & SON
ERG~NEER - SURVEYORS - PLANNERS
TAX NO.: 122-1207, 122-1203 SC.U-E~ 1' - 30'
122-1201, 122-1014 OCTORER 2% 1997
122-1015 W.O.: 97-1274
DRA~: BAR
C~LC,: DAP
N.B.: F-3 M.B, J
EXHIBIT B
Official Tax No./
Street Address Name of Property Owner Mailing Address
1221201 Valley Pine Mortgage, Inc. 701 W. Church St.
Orlando, FL 32802
1221301 Trompeter Brothers, LC PO BOX 20468
Roanoke, VA 24018
N/A
1222401
Norfolk & Southern
City of Roanoke
110 Franklin Road, SE
Roanoke, VA 24011
215 Church Ave, SW
Roanoke, VA 24011
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
August 21, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
Dear Mr. Lemon:
I am enclosing copy of Ordinance No. 36042-081902 vacating, discontinuing and closing
that portion of Virginia Avenue, S. W., between 13th Street and Spottswood Avenue; an
alley between Official Tax Nos. 1221013 and 1221014, and an alley between Official Tax
Nos. 1221203 and 1221207; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Trompeter Brothers, L.C., P. O. Box 20468, Roanoke, Virginia 24018
Norfolk Southern Corporation, 110 Franklin Road, S. E., Roanoke, Virginia 24011
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
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
H:X~Agenda.02'xAugust 19, 2002 correspondence.wpd
Stephen W. Lemon, Attorney
August 21,2002
Page 2
pc: The Honorable David C. Anderson, City Treasurer
N:~CKMHl~,Agenda.02~ugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36042-081902.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
rights-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, Valley Pine Mortgage, Inc., filed an application dated June 6, 2002, to
the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council
to permanently vacate, discontinue and close the public rights-of-way described hereinafter;
and
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held on said application by the City Council on
August 19, 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 rights-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 rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public fights-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
That certain portion of Virginia Avenue, S.W., from 13th Street, S.W., to
Spottswood Avenue, S.W.; an alley lying between parcels beating Official Tax
Nos. 1221013 and 1221014; and an alley lying between parcels bearing
Official Tax Nos. 1221203 and 1221207
be, and are hereby permanently vacated, discontinued and closed, and that all tight 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 fights-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 tights-of-way, together with the tight of ingress and egress for the
maintenance or replacement of such lines, mains or utilities, such fight to include the fight 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 rights-of-way of any such municipal
installation or other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that Valley Pine Mortgage, Inc., will have one (1)
year from the date Hannah Circle is reopened to traffic to 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 rights-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 rights-of-way, as
set forth above.
BE IT FURTHER ORDAINED that the applicant shall 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, signed, sealed and acknowledged, on behalf of Valley Pine Mortgage, Inc., being
recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are
H:\ORDI]VANCES\O-STCLOS-VlRGI~IAAVE(081 ~02).DOC ~
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 Valley Pine Mortgage, Inc., does not file with
the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt within a period of six
(6) months from the date of the filing of the subdivision plat with the Clerk of the Circuit
Court for the City of Roanoke, then this ordinance shall be null and void with no further
action by City Council being necessary.
BE IT FURTHER ORDAINED that the closure of the subject fights-of-way is
conditioned upon the following:
1. Valley Pine Mortgage, Inc., or its successors in interest, shall install decorative
metal fencing which encloses Official Tax Nos. 1221013 and 1221014, and the portion of
Virginia Avenue which is the subject of the application dated June 6, 2002, to close the
subject fights-of-way, within two (2) years of the recordation of the subdivision plat
referenced above. Such fencing shall not exceed eight (8) feet in height.
2. Valley Pine Mortgage, Inc., or its successors in interest, shall invest a minimum
of ten thousand dollars and no cents ($10,000.00) in improvements to Official Tax Nos.
1221013, 1221014, 1221203, 1221207 and 1221201, within two (2) years of the recordation
of the subdivision plat referenced above. Such investment may consist of improvements to
any portion of Official Tax Nos. 1221013, 1221014, 1221203, 1221207 and 1221201, visible
to the general public, including the exterior of the structure located on Official Tax No.
H:\ORDINANCES\O-STCLOS -VIRGINIAAVE(081902).DOC 4
1221201. Evidence of the investment shall be in form acceptable to the Director of
Economic Development for the City of Roanoke.
3. There will be no outdoor storage of any plumbing fixtures or household
appliances in the portion of Virginia Avenue which is the subject of the application dated
June 6, 2002, to close the subject fights-of-way, at any time.
4. If Valley Pine Mortgage, Inc., or its successors in interest, fail to comply with
Condition Nos. 1 or 2, above, within the times permitted, Valley Pine Mortgage, Inc., or its
successors in interest, shall forward to the Treasurer for the City of Roanoke ten thousand
dollars and no cents ($10,000.00) for the value of the rights-of-way being closed, within
thirty (30) days of the failure of Valley Pine Mortgage, Inc., or its successors in interest, to
comply with such conditions.
BE IT FURTHER ORDAINED that the City Clerk shall transmit an attested copy of
this ordinance to Valley Pine Mortgage, Inc., 701 W. Church Street, Orlando, Florida 32802.
BE IT FINALLY ORDAINED that pursuant to the provisions of {}12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
}'I:\ORDINANCE$\O-STCLOS-VIRGINIAAVE(081902).DOC 5
ACCEPTED and EXECUTED by the undersigned this
., 20
ATTEST:
Its
VALLEY PINE MORTGAGE, INC.
By
Its
day
of
.(Seal)
COMMONWEALTH OF VIRGINIA
§ To-Wit:
this
The foregoing instrument was acknowledged before me in my jurisdiction aforesaid
~ day of ,20 , by , the
, of Valley Pine Mortgage, Inc.
My Commission expires:
Notary Public
H:\ORDINANCES\O-STCLOSWIRGINIAAVE(081902).DOC ~
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 2401 l
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci, roanoke.va.us
August19,2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William H. Carder, Council Member
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
William D Bestpitch, Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Valley Pine Mortgage, Inc., that a portion of Virginia
Avenue, S.W., from 13th Street, S~.W, to Spottswood Avenue,
S.W.; and alley lying between parcels bearing Official Tax Nos.
1221013 and 1221014; and an alley lying between parcels bearing
Official Tax Nos. 1221203 and 1221207, be permanently vacated,
discontinued and closed.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, July 18, 2002. By a vote of
5-1 (Mr. Manetta voting against the petition and Mr. Hill absent), the Commission
recommended approval of the requested closure
Background:
The portion of Virginia Avenue requested for vacation is a paved road connecting 13th
Street and Spottswood Avenue, S.,W. Perpendicular to and adjoining Virginia Avenue,
between it and the residual railroad right-of-way property of Norfolk and Southern, is
one of the paper alleys petitioned for vacation. The other is perpendicular to and
adjoining Midvale Avenue, S.W. and abuts the petitioner's property.
Mr. Manetta read the items that pertained to the Petitioner. the rezoning request for two
parcels from RM-2 to LM, and the closure of a portion of Virginia Avenue and two paper
alleys. He then gave Mr. Steve Lemon, attorney for the prospective owners, the option
of presenting both items together or separately Mr Lemon proceeded by addressing
each petition separately, while also speaking to the overall plan of his clients.
1
Mr. Lemon presented on behalf of the Petitioner and stated that his clients, Black Dog
Architectural Salvage, are under contract to purchase the properties from the Petitioner.
Planning Commission discussed issues of preserving the old stone house and outdoor
storage. Mr. Frederick Gusler, City Planner, presented the staff report and
recommended approval of the street and alley closures. Staff noted that the primary
means of access to the adjoining properties is via Hannah Circle. Staff noted that it had
received a petition from the counsel for the Trompeter Brothers, LLC, signed by
residents of Hannah Court in opposition to the closure of Virginia Avenue. The petition
stated that the residents use Virginia Avenue and that it needs to be left open to provide
access for emergency vehicles. Staff advised that Fire/EMS had approved of the
request, and that while the residents' concerns should be considered, Hannah Court is
zoned LM, and is thus a non-conforming use.
Considerations:
All of the parcels adjoining Virginia Avenue and the alley adjoining it are vacant. An
unoccupied warehouse lies to the west of it on Official Tax Map No. 1221201, which the
petitioner is under contract to sell. To the south and west of the alley adjoining Midvale
Avenue is a mobile home development, that is a grandfathered use on an LM-zoned
property.
Staff received comments from American Electric Power and Roanoke Gas affirming the
presence of their facilities in the right-of-way and the need to maintain utility easements.
The prospective owners plan to use the existing warehouse building on Official Tax
Map No. 1221201 and the adjoining parcels, Official Tax Map Nos. 1221203 and
1221207, to house an antique storage and retail sales establishment. The prospective
owners propose using the subject portion of right-of-way for ingress and egress to the
site, and to close off Virginia Avenue from Spottswood Avenue to erect a fence for
security concerns.
Hannah Circle is temporarily closed at 13th Street due to the maintenance work on
Memorial Bridge. Traffic is being diverted to Virginia Avenue. The City Engineer
advised that future maintenance of the bridge should not be necessary for another 25
years, and that such was not reason enough to deny closure of the portion of Virginia
Avenue. Closure of the subject portion of Virginia Avenue would be pending upon
th
reopening Hannah Circle at 13 Street.
Staff consulted with the Manager of Streets and Traffic to determine if a turnaround
area could be constructed on Spottswood Avenue to accommodate Fire/EMS vehicles.
The Department of Engineering surveyed the subject areas of Virginia and Spottswood
Avenue and determined that there is sufficient right-of-way to accommodate a
turnaround area at the end of Spottswoods Avenue.
Recommendation:
By a vote of 5-1 (Mr. Manetta voting against the petition and Mr. Hill absent), the
recommended that City Council approve the petitioner's request and close the subject
portion of Virginia Avenue and the two paper alleys in question. The closure will aid in
the redevelopment of an industrial site. The redevelopment of such sites is encouraged
in Vision 2001-2020. While Vision 2001- 2020 also encourages maintaining and
increasing the connectivity of City roads, the degree of connectivity lost in this case is
negligible when compared to the greater gain of developing this site.
As a condition of the closure, Virginia Avenue will remain open until the reopening of
Hannah Circle. In addition, the closure, discontinuance and vacation of the subject
portion of Virginia Avenue and the paper alleys will be subject to the following
conditions:
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.
Co
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.
3
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
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
Attorney for the Petitioner
4
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE: )
)
Application of V.P. Mortgage, Inc., )
a Maryland corporation for vacation )
Virginia Avenue, SW and Alley between )
Roanoke City Tax map Nos. )
1221013 and 1221014 and )
Alley between Roanoke City Tax map )
Nos. 1221203 and 1221207
APPLICATION FOR VACATING, DISCONTINUING
AND CLOSING OF VIRGINIA AVENUE BETWEEN
13TM STREET SW AND SPOTTSWOOD AVENUE
SW; ALLEY BETWEEN ROANOKE CITY TAX
MAP NUMBERS 1221013 AND 1221014; AND
ALLEY BETWEEN ROANOKE CITY TAX MAP
NUMBERS 1221203 AND 1221207.
MEMBERS OF COUNCIL:
V.P. Mortgage, Inc., by counsel, applies to have Virginia Avenue, SW, from 13th Street,
S.W., to Spottswood Avenue, S.W., 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 plat
attached as follows: Virginia Avenue, S.W. (50' right-of-way) from 13th Street, S.W. to Spottswood
Avenue, S.W.V.P. Mortgage, Inc., by counsel, further applies to have the alley located between
parcels beadng Official Tax Map Numbers 1221013 and 1221014, 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. V.P. Mortgage, Inc.,
by counsel, further applies to have the alley located between parcels bearing Official Tax Map
Numbers 1221203 and 1221207, 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.
V.P. Mortgage, Inc. states that the grounds for this application are as follows:
(1) The applicant desires to use the property to be vacated in combination with its adjoining
property to create a single economically viable parcel which may be redeveloped and returned to
productive use.
(2) The rights-of-way in question are not necessary for adequate ingress or egress to any
adjoining property and are further not necessary for through traffic.
WHEREFORE, V.P. Mortgage, Inc. respectfully requests that the above-described street
and alleys be vacated by the Council of the City of Roanoke, Virginia, in accordance with the
Virginia Code Section 15.2-2006 and section 30-14, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted
V.P. Mortgage, Inc.
Stephen W. Lemon
Martin, Hopkins, & Lemon, P.C.
P.O. Box 13366
Roanoke, VA 24033
1000 First Union Tower
10 S. Jefferson Street
Roanoke, VA 24011
Official Tax No./
~Street Address Name of Property Owner Mailing Address
1221201 Valley Pine Mortgage, Inc. 701 W. Church St.
Orlando, FL 32802
1221301 Trompeter Brothers, LC PO BOX 20468
Roanoke, VA 24018
uthem 10 Franklin Road, SE
Roanoke, VA 24011
1222401 City of Roanoke 215 Church Ave, SW
Roanoke, VA 24011
Proposed Vacation:
Virginia Avenue, SW &
Alleys
Right-of-way &
1222402 Alley to be Vacated
1221201
RM-2
1221014
1221203
Alley to
Vacated
1221207
1221406
N
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Monday,
August 19, 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 Virginia Avenue, S.W., from 13th Street, S.W., to
Spottswood Avenue, S.W.; an alley lying between parcels beating Official Tax
Nos. 1221013 and 1221014; and an alley lying between parcels beating
Official Tax Nos. 1221203 and 1221207.
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, August 15, 2002.
GIVEN under my hand this 29thday of July ,2002.
Mary F. Parker, City Clerk.
H:\NOTICES\N-CLOSEVIRGINIIAAVE-PH-081902 DOC
Note to Publisher:
Please publish twice in The Roanoke Times on Friday, August 2, 2002, and again on Friday,
August 9, 2002.
Send Publisher's Affidavit to:
Send Publisher's Bill to:
Mary F. Parker, City Clerk
Noel C. Taylor Municipal Building
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
(540) 982-1000
H:~Public Hearings.02\affdv.bill.to.page (Lemon).wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times RECEIVED
..............................................................
MARTIN, HOPKINS &
P. O. BOX 13366
ROANOKE VA 24033
LEMON
REFERENCE: 80068377
01958062 Vs. Ave/13th St
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
~irginia. Sworn and subscribed before me this
_~t~day of August, 2002. Witness my hand and
official seal.
PUBLISHED ON: 08/02 08/09
12 P3:47
TOTAL COST: 225.72
FILED ON: 08/09/02
Signature:
, 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 31, 2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
Dear Mr. Lemon:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 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., on the request of Valley Pine Mortgage, Inc., that a portion of Virginia Avenue,
S. W., between 13th Street and Spottswood Avenue; an alley between Official Tax Nos.
1221013 and 1221014, and an alley between Official Tax Nos. 1221203 and 1221207, 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 August 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosure
pc:
Valley Pine Mortgage, Inc., 701 West Church Street, Orlando, Florida 32802
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
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
July 31, 2002
File #514
Trompeter Brothers, L.C.
P. O. Box 20468
Roanoke, Virginia 24018
Norfolk & Southern Corporation
110 Franklin Road, S. E.
Roanoke, Virginia 240
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 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. VV., on the request of Valley Pine Mortgage, Inc., that a portion of Virginia Avenue,
S. W., between 13th Street and Spottswood Avenue; an alley between Official Tax Nos.
1221013 and 1221014, and an alley between Official Tax Nos. 1221203 and 1221207, be
permanently vacated, discontinued and closed.
The City Planning Commission is recommending that Council approve the request for
rezoning. 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,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
RECEIVED
{'tT¥ CLE~~e-~ , ..
TO WHOM IT MAY CONCERN: '02. all -2 All :3'/'
The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 18,
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
requests:
1. Request from Valley Pi.ne Mortgage, Inc., that two vacant parcels of land on Virginia
Avenue, S.W., designated as Official Tax Nos. 1221013 and 1221014, be rezoned from
RM-2, Residential Multifamily, Medi,um Density District, to LM, Light Manufacturing
District.
2. Request fi-om Valley Pine Mortgage, Inc., that a portion of Virginia Avenue, S.W., from
13th Street, S.W., to Spottswood, Avenue, S.W.; an alley lying between parcels bearing
Official Tax Nos. 1221013 and 1221014; and an alley lying between parcels bearing
Official Tax Nos. 1221203 and 1221207, be permanently vacated, discontinued and
closed.
A copy of said applications are available for review in the Department of Plarming
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, July 2 and 9, 2002.
Please bill
Stephen W. Lemon
P O Box 13366
Roanoke, VA 24033
(540) 982-1000
Please send affidavit of publication to:
Department of Planning Building and Development
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 THE CLOSURE REQUESTS OF:
Valley Pine Mortgage, Inc., for portion of Virginia Avenue, SW)
between 13th and Spottswood, an alley off of Midvale and )AFFIDAVIT
And alley off of Virginia Avenue, S.W.
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) TO-WIT:
)
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
19th day of June, 2002, notices of a public hearing to be held on the 18th day of July,
2002,on the amendment of proffers captioned above to the owner or agent of the
parcels listed below at their last known address:
Parcel
1221201
1221207
1221203
1221014
1221013
Owner's Name
Applicant
1221301 Trompeter Brothers, LC
Mailing Address
701 W. Church Street
Orlando, FL 32802
P O Box 20468
Roanoke, VA 24018
1222401 City of' Roanoke
Notices sent to the following neighborhood leaders:
Tom Hanes, President
Greater Raleigh Court Civic League
c/o Crews & Hancock, PLC
P O Box 21187
Roanoke, VA 24018
Dr. R. Douglas Ross
1602 Grandin Road, SW
Roanoke, VA 24015
Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 19th day of June, 2002
Notary Public '"" I --
My Commission Expires: _~~_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
June 7,2002
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 June 6, 2002, from
Stephen W~ Lemon, Attorney, representing Valley Pine Mortgage, Inc., requesting that a
portion of Virginia Avenue, S. W., between 13th Street and Spottswood Avenue; an alley
between Official Tax Nos. 1221013 and 1221014, and an alley between Official Tax Nos.
1221203 and 1221207, be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosu res
N:\CKMHlhRezonings - Street. Alley Closings.02\Valley Pine Mortage.alley closing.wpd
Robert B. Manetta
June 7, 2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
The Honorable M. Rupert Cutler, Council Member - Elect, 2865 South Jefferson
Street, Roanoke, Virginia 24014
The Honorable Alfred T. Dowe, Jr., Council Member - Elect, 2711 Kirkland Drive,
N. W., Roanoke, Virginia 24017
Stephen W. Lemon, Attorney, Martin, Hopkins & Lemon, P. C., P. O. Box 13366,
Roanoke, Virginia 24033
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, Ci[y Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
H:LRezonings - Street. Alley Closings.02\Valley Pine Mortage.alley closing.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE: )
)
Application of V.P. Mortgage, Inc., )
a Maryland corporation for vacation )
Virginia Avenue, SW and Alley between )
Roanoke City Tax map Nos. )
1221013 and 1221014 and )
Alley between Roanoke City Tax map )
Nos. 1221203 and 1221207
APPLICATION FOR VACATING, DISCONTINUING
AND CLOSING OF VIRGINIA AVENUE BETWEEN
13TM STREET SW AND SPOTTSWOOD AVENUE
SW; ALLEY BETWEEN ROANOKE CITY TAX
MAP NUMBERS 1221013 AND 1221014; AND
ALLEY BETWEEN ROANOKE CITY TAX MAP
NUMBERS 1221203 AND 1221207.
MEMBERS OF COUNCIL:
V.P. Mortgage, Inc., by counsel, applies to have Virginia Avenue, SW, from 13th Street,
S.W., to Spottswood Avenue, S.W., 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 plat
attached as follows: Virginia Avenue, S.W. (50' right-of-way) from 13th Street, S.W. to Spottswood
Avenue, S.W.V.P. Mortgage, Inc., by counsel, further applies to have the alley located between
parcels bearing Official Tax Map Numbers 1221013 and 1221014, 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. V.P. Mortgage, Inc.,
by counsel, further applies to have the alley located between parcels bearing Official Tax Map
Numbers 1221203 and 1221207, 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.
V.P. Mortgage, Inc. states that the grounds for this application are as follows:
(1) The applicant desires to use the property to be vacated in combination with its adjoining
property to create a single economically viable parcel which may be redeveloped and returned to
productive use.
(2) The rights-of-way in question are not necessary for adequate ingress or egress to any
adjoining property and are further not necessary for through traffic.
WHEREFORE, V.P. Mortgage, Inc. respectfully requests that the above-described street
and alleys be vacated by the Council of the City of Roanoke, Virginia, in accordance with the
Virginia Code Section 15.2-2006 and section 30-14, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted
V.P. Mortgage, Inc.
Stephen W. Lemon
Martin, Hopkins, & Lemon, P.C.
P.O. Box 13366
Roanoke, VA 24033
1000 First Union Tower
10 S. Jefferson Street
Roanoke, VA 24011
0.121
R = 768,98'
L = 52.72'
CORNER OF' BUILDING--X
IS 0.16' VEST OF % . ~L"~'~' S W.
R = 768.98' -- ~
L = 152.55' ~ ~ CURB ~P.K. NNL
LOT 1
0.137 AC.~T
CONC. !
/'8' x 8.5" OLD LOT~
FRAME UNES ~
CORNER OF BUILDING
IS 0.49· WEST OF
PROPERTY UNE
.
~_ .M. ON THIS ! DAY ~ _j~.~,~
C ~ LI~TY CLEF. K ~
[;ED EY
WALL
PIN
= 766.7B'
CH = S 67'51'24" E
0.010 AC.
~NT BOUNDED BY CORNERS
PORTION OF LOT
8LOCK 7
TAX i~!O. 1221015
2.
P K,.Gx\
o.2o ^c:,\
BOUNDED BY
CORNERS
o. POR~ON OP
BLOCK 7
TAX NO. 1221014[
............................ 167.2
PROPERTY OP 27706 DA1ED AUGtJST 28. 1985
PHIUP IROMPETER, ET ALS SE~ D.B. 152S, PG, 1211
TAX NO. 1221408
D.B. 574, PG. 498
LEGEND
POt~_R P0~
{JGHT POLE
PROPERTY UNE
THIS PLAT IS BAe~ED ON A CURR~IT
REID SURVEY ANO LEGAL DESC~PT~ON
CONTAINED IN O.B. 1513. PG. 1035,
D.B. 1~1, PG. 1847 AND O.B. 1581, PO. 1045
40' 20' 0' 25' 50'
~1~3~~~ 1' = .30'
GRAPHIC SCALE
SURVEYORS NO~
THE: k{AP OF MOUNTAIN VIEW DID NOT CONTAIN ANY ME~S AND 8OUNOS
DESCRIPllON~ OF THE SUBJECT LOTS. METES ~NO BO~JNOS SHOWN HEREON
ARE BASED ON O.B. 597, PG. 17.3 WHICH CONTAINEO A METES ANO BOUNDS
DESCRIPTICN C~" LOTS 3 2: 4. BLOCK 9 OF MOIJNTAIN ~IEW LAND CO~PANY.
METES & BOUNOS ON OTHER LOTS V~RE PROJEOTED BASE0 ON D.B. `397.
PG. 173.
1. THIS PLAT WAS PREPARED ~THOUT BENEFIT OF A TI~E
REPORT AND IS S1JBJECT THERETO. THEREFORE, THE:RE: MAY
EX~ST ENCUMBRANCES-WHICH A~-T'~CT ]'HE PROPERTY NOT
1221207 NIBROC INVESTMENTS 1513 105`3
1221205 AUTOMO~VE ONE PARTS SER~CE. INC. !561 1847
1221014AUTOMOTIVE PARTS SERVICE OF
FLORIDA, INC. 1581 1045
THIS PLAT DOES NOT CONSI~TUTE
a SUBDIVISION UNDER THE CURRENT
CITY OF ROANOKE SUBDIVISION ORDINANCE
.OUI'IOAEY SURVEY FOR
NISROC INVESTMENTS, A FLORIDA
GENERAL PARTNERSHIP.
AUTOMOTIVE ONE PARTS SER¥1CE. INC. AND
AUTOMOTIVE PARTS SER~CE OF FLORIDA, INC.
OF A 0.157 AC. PARClD.., A 0.862 AC. PARCEL, A 0.010 AC, pARCEL A O.121 AC.
pARCEL AND A 0.204 AC. PARCEL BEING LOiS 1 THRU 8, BLOCK 9
AND A PORllON OF LOT I, 11 & 12. BLOCK 7, MAP OP MOUNTA[N VIEW,
SI~JAT~ ON 13th S~EET. S,W., VIRGINIA AVENUE, S.W.
AND S°OTT~WOOD AVENUE, S.W.
ROANOKE, ~,qRGINI A
T. P. PARKER &: SON
ENGINEER - SURVEYORS -PLANNERS
TAX NO,: 122-1207. 122-1203 SCALE: 1' = `30'
122-1201. 122-1014 OCTORER 27. 1997
122-101`3 W.O,: 97-1274
DRAWN: DAP
CALC,: DAP
N.B.: F-`3 M.B. t PG.
Official Tax No./
Street Address Name of Property Owner Mailing Address
1221201 Valley Pine Mortgage, Inc. 701 W. Church St.
Orlando, FL 32802
1221301 Trompeter Brothers, LC PO BOX 20468
Roanoke, VA 24018
N/A
1222401
Norfolk & Southern
City of Roanoke
110 Franklin Road, SE
Roanoke, VA 24011
215 Church Ave, SW
Roanoke, VA 24011
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
August 21,2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 36043-081902 rezoning a tract of land containing
1.34 acre, consisting of five tracts of land lying in the.City of Roanoke, located at 505 Sixth
Street, 0 Luck Avenue, and 0 Marshall Avenue, S. W., identified as Official Tax Nos.
1113305, 1113501, and 1113502, from LM, Light Manufacturing District, to C-3 Central
Business District; and Official Tax No. 1113312 and a podion of Official Tax No. 1113313,
from C-1, Office District, to C-3, Central Business District; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely, ~~
Mary F. CMC
City Clerk
MFP:mh
Enclosure
pc:
Trustees, Calvary Baptist Church, 608 Campbell Avenue, S. W., Roanoke, Virginia
24016
Trustees, Roanoke Consistency of Ancient & Accepted Scottish Rite of Free Mason,
625 Marshall Avenue, S. W., Roanoke, Virginia 24016
Mr. Gary C. Bandy, 944 Kingston Road, Wirtz, Virginia 24184
Five Thirty Two Group, L. C., 532 Luck Avenue, S. W., Roanoke, Virginia 24016
Ms. Myrtle W. Craft, 622 Marshall Avenue, S. W., Roanoke, Virginia 24016
Ms. Mary E. Hale, 318 Marshall Avenue, S. W., Roanoke, Virginia 24016
Mr. James E. Robertson, 616 Marshall Avenue, S. W., Roanoke, Virginia 24016
Mr. and Mrs. Joseph Medina, 897 Ashmead Road, Moneta, Virginia 24121
H:~a, genda.02~August 19, 2002 correspondence.wpd
Maryellen F. Goodlatte, Attorney
August 22, 2002
Page 2
pc~
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
H:'~Agenda.02~A. ugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36043-081902.
AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 111, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City; and dispensing with the second reading of this ordinance by title.
WHEREAS, ASpace, LLC has made application to the Council of the City of
Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing
District, and C-2, General Commercial District, to C-3, Central Business District; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on August 19, 2002, after due and timely notice thereof as required by {}36.1-693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
H:\ORDINANCES\O-P..E,Z-ASPACE( 081902).D(OZ
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
A tract of land containing 1.34 acres consisting of five tracts of land described as Tax
Map No. 1113305, 505 Sixth Street, S.W., Tax Map No. 1113501, 0 Luck Avenue, S.W.,
Tax Map No. 1113502, 0 Luck Avenue, S.W., are hereby rezoned from LM, Light
Manufacturing District, to C-3, Central Business District, as set forth in the Petition filed in
the Office of the City Clerk on June 5, 2002, and that Sheet No. 111 of the Zone Map be
changed in this respect; and Tax Map No. 1113312, 0 Marshall Avenue, S.W., and a portion
of Tax Map No. 1113313, 0 Marshall Avenue, S.W., are hereby rezoned from C-l, Office
District, to C-3, Central Business District, as set forth in the Petition filed in the Office of the
City Clerk on June 5, 2002, and that Sheet No. 111 of the Zone Map be changed in this
respect.
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:\ORDINANCES\O-REZ-ASPACE(081902).DOC
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: planningk~ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
August 19, 2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William H. Carder, Council Member
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
William D. Bestpitch, Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Request from ASpace, LLC, represented by Maryellen F.
Goodlatte, attorney, that five tracts located on Sixth Street,
Luck Avenue, and Marshall Avenue, S.W., identified as
Official Tax Numbers 1113305.1113501, 1113502 zoned
LM, Light Manufacturing District, and Official Tax Number
1113312 and a portion of Official Tax No. 1113313, zoned
C-1, Office District, be rezoned to C-3, Central Business
District.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, July 18, 2002. By a
vote of 6-0 (Mr. Hill absent), the Commission voted to recommend approval of
the rezoning request.
Background:
A Petition to Rezone approximately 1.34 acres consisting of five tracts of land
described as:
Tax Map No. 1113305, 505 Sixth Street, $.W., zoned LM, Light
Manufacturing
Tax Map No. 1113501,0 Luck Avenue, SW., zoned LM, Light
Manufacturing
Tax Map No. 1113502, 0 Luck Avenue, S.W., zoned LM, Light
Manufacturing
Tax Map No. 1113312, 0 Marshall Avenue, S.W., zoned C-1, Office
District
A portion of Tax Map No. 1113313, 0 Marshall Avenue, S.W., zoned C-1,
Office District
from LM, Light Manufacturing District, and C-1, Office District, as above noted to
C-3, Central Business District, was filed on June 5, 2002.
The only existing improvement on the subject properties is a masonry
warehouse, sometimes referred to as the Cotton Mill, constructed in 1919 and
located on Tax Map No. 1113305. The other parcels in the petition are used for
parking.
Planning Commission held a public hearing on the rezoning request on July 18,
2002. Mrs. Maryellen Goodlatte, counsel for the petitioner, presented the
request. Mrs. Nancy Snodgrass, City Planner, presented the staff report. Staff
recommended approval citing the following reasons:
The proposed change in zoning is a reasonable development strategy that
is consistent with the recommendations of the Comprehensive Plan and
its downtown component, Outlook Roanoke Update;
The proposed use is in complete compliance with Vision 2001-2020's
recommendations for adaptive reuse of vacant industrial structures, the
provision of downtown living space, and the concept of mixed-use
development.
The Planning Commission opened the meeting for public comment. Mr. Bruce
Muncy of 523 Woods Avenue stated that he supported the rezoning but that he
encouraged the Planning Commission that any other development up Fifth Street
be done in a fashion that maintained the Old Southwest neighborhood. Mrs. Joel
Richert of 415 Allison Avenue stated that she supported the proposed rezoning
but she would not want a gas station which is a special exception use in the C-3,
Central Business District.
Planning Commission noted that any request for a special exception use would
require an application to the Board of Zoning Appeals. Mr. Rife said that his firm,
which is working on the plans for the YMCA, is trying to coordinate an effort for a
plan for shared parking in that area.
Considerations:
The petitioner is contemplating a mixed-use development for the vacant
warehouse space, which was originally used as a manufacturing facility.
proposed that half of the building be occupied by artist studios and loft
It is
2
apartments with the balance of the property supporting office and retail uses
such as a cafe/bistro, photography studios, art shops, study groups, dance
classes, craft stores, nature stores, outdoor stores, and professional offices.
The warehouse property abuts C-1, Office District, property directly to the north,
west, and northeast. Existing uses on those properties include parking under
construction for Calvary Baptist Church, which is adjacent to the church, itself
and the Jefferson Center. Property directly to the south and southeast of the
warehouse is zoned C-3, Central Business District. Property to the east across
Sixth Street S.W. is zoned LM, Light Manufacturing, and includes 2 parcels
included in this petition to rezone to C-3, Central Business District.
The balance of the parcel identified as Tax Map No. 111313, and not included in
this petition, is already zoned C-3, Central Business District. The rezoning
request in this petition would bring the entire parcel under one zoning district.
All subject properties within this petition, with the exception of Tax Map No.
1113501 and Tax Map No. 1113502 on the east side of Sixth Street S. W., are
located within the H-2, Neighborhood Preservation Overlay District, and would be
subject to the provisions thereof. This designation gives further assurance that
redevelopment of these properties would be in keeping with the current character
of the structure and surrounding neighborhood.
The intent of the C-3, Central Business District, is to form the metropolitan center
for commercial, financial, professional, governmental and cultural activities. It is
also intended to provide for residential development with housing convenient to
places of work. The C-3, Central Business District, designation requested for
these properties would allow for the adaptive re-use of an existing 83 year old
heritage warehouse that currently sits vacant.
The City Traffic Engineer foresees no significant traffic issues with the proposed
mixed-use development.
Vision 2001-2020, the City's Comprehensive Plan, includes the following
recommendations for land use and development:
Downtown will be developed as Roanoke's premier urban village with a
mix of high-density residential, commercial, and retail uses as well as
live/work space.
2. Revise zoning ordinance and review the application of the building
code to permit development of live/work space.
Develop economic incentives and review the application of building
code regulations in the downtown to encourage residential
development.
4. Inventory and market vacant lots and underutilized sites in the
downtown for higher-density, mixed-use development.
Downtown will continue to serve as the region's central business
district with opportunities for downtown living, office space, retail, and
cultural and entertainment attractions.
6. Adopt the downtown plan, Outlook Roanoke Update, as a component
of Vision 2001-2020.
7. Pursue strategies to increase availability of specialized retail and live-
work space in the downtown.
Identify underutilized industrial and commercial sites and promote
redevelopment and revitalization as part of Roanoke's economic
development strategy.
Revise zoning ordinance to permit mixed-use residential/commercial
development and live/work space in village centers and on the
periphery of the central commercial areas.
Outlook Roanoke Update, adopted by City Council as a component of Vision
2001-2020, the City's Comprehensive Plan, recommends several initiatives that
include the restoration and adaptive re-use of vacant downtown buildings and the
vacant upper floors of commercial buildings. Outlook Roanoke Update, like
Vision 2001-2020, encourages the use of these buildings. Outlook Roanoke
Update recommends a strategy of mixed-use development including a residential
component within mixed-use buildings, either by way of adaptive re-use or new
construction.
As part of the Jefferson Center Initiative, Outlook Roanoke Update specifically
discusses development of the Cotton Mill, noting that this industrial structure is
well suited to conversion to loft apartments, live/work units, or office space.
Some form of residential development would help to create a connection
between the neighborhood and the public functions at the Jefferson Center, the
proposed YMCA building, and the heart of downtown.
Because of surrounding uses and the opportunity for the redevelopment and
adaptive reuse of a vacant industrial structure, the proposed change in zoning is
a reasonable development strategy that is consistent with the recommendations
of the Comprehensive Plan and one of its downtown component, Outlook
Roanoke Update. This proposal is in an ideal project in terms of compliance with
Vision 2001-2020's recommendations for adaptive reuse of vacant industrial
structures, the provision of downtown living space, and the concept of mixed-use
development.
4
No one has contacted the planning staff in opposition to this petition. Letters of
support for the petition have been received from the Board of Directors of the
YMCA of the Roanoke Valley, Collegiate Pacific, Jefferson Center, and Kazim
Shriners and Calvary Baptist. Copies are attached.
Recommendation:
By a vote of 6-0 (Mr. Hill absent), the Commission recommends that City Council
approve the rezoning request. Given the development and success of the
Jefferson Center, the need to connect the Old Southwest neighborhood with the
downtown, the potential to provide desired downtown residential units and
live/work space, and the need to solidify an anchor for the western edge of
downtown, this rezoning request is an appropriate and desirable use of these
properties.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City 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
Attorney for the Petitioner
I,N RE:
IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA
Rezoning approximately 1.34 acres consisting of five (5) tracts of land lying and being
in the City of Roanoke, Virginia, and briefiv described as:
Tax Map No. 1113305, 505 Sixth Street, S.W., Zoned LM
Tax Map No. 1113501, 0 Luck Avenue, S.W., Zoned LM
Tax Map No. 1113502, 0 Luck Avenue, S.W., Zoned LM
Tax Map No. 1113312, 0 Marshall Avenue, S.W., Zoned C-1
A portion of Tax Map No. 1113313, 0 Marshall Avenue, S.W., Zoned C-1
from LM (Light Manufacturing District) and C-1 (Office District) as above
noted to C-3 (Central Business District).
PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THB COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, ASpace, LLC, a Virginia limited liability company ("ASpace"), owns the
following properties in the City of Roanoke, Virgin/a,
Tax Map No. 1113305, 505 Sixth Street, S.W., Zoned LM
Tax Map No. 1113501, 0 Luck Avenue, S.W., Zoned LM
Tax Map No. 1113502, 0 Luck Avenue, S.W., Zoned LM
Tax Map No. I 113312, 0 Marshall Avenue, S.W., Zoned C-1
A portion of Tax Map No. 1113313, 0 Marshall Avenue, S.W., Zoned C-1
Said tracts are currently zoned either LM (Li*~ht Manufacturing District) or C-1 (Office
District) as individually identified above. A map of the properties to be rezoned is attached as
Exhibit A. A metes and bounds description of the portion of Official Tax No. 1113313 to be
rezoned is attached hereto as Exhibit B.
The improvements on the property consist of an 83 year old heritage warehouse (located on
Tax Map No. 1113305), sometimes referred to as the Cotton Mill. The other parcels included in
this petition, together with conti~ous parcels owned by ASpace and already zoned C-3 are used as
parking and no change in that use is envisioned.
A mixed use development is contemplated for the warehouse space, which ,,vas originally
used as a manufacturing facility. Approximately half of the building will be occupied by a~'xist
studios and loft apartments. The rest of the property will support office and retail uses such as a
card/bistro, photography studios, art shops, study groups, dance classes, craft stores, nature stores,
outdoor stores, and professional offices.
ASpaee believes that the rezoning of these said tracts of land will further the intent and
purposes of the City's Zoning Ordinance, Vision 2001-2020 Comprehensive Plan, and the Outlook
Roanoke Update. The Outlook Roanoke Update specifically discusses development of the Cotton
Mill property as a component of the Jefferson Center Initiative. It notes that "this industrial
structure is well suited to conversion to either loft apartments, live/work units or office space." It is
this vision which the petitioner wishes to implement.
A concept plan showing the properties is attached as Exhibits C-1 and C-2.
Attached as Exhibit D are the names, addresses and tax numbers of the owners of all lots or
properties immediately adjacent to, immediately across a street or road from the property to be
rezone&
WHE~FO~, ASpace, LLC requests that the above-described tracts be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Koanoke.
Respectfully submitted tkis
day ofJune, 2002.
Respectfully submitted,
ASPACE, LLC,
a Virginia limited liability company
By: ,,,r~,~,, ZI~---- F ~~c-z,~_.ZS'
of C-'oo~2nsel
Maryellen F. Goodla~e, Esq.
Glenn, Feldmann, Darby & Goodla~e
P. O. Box 2887
Roanoke, Vk~nia 24001-2887
(540) 224-8018 - Telephone
(540) 224--8050 - Facsimile
ASpace, LLC, a Virginia limited liability company, owner of the property subject to this
petition hereby consents to this rezoning petition.
ASPACE, LLC
its:
4
E-~,IBII A
EXHIBIT B
METES AND BOUNDS DESCRIPTION
A PORTION OF TAX PARCEL NUMBER 1113313
(A Portion of 1113313):
BEGINNING at a point on the northerly side of Marshall Avenue, said point being
277.66 feet, more or less, from the easterly side of 7th Street; thence continuing along
the northerly side of Marshall Avenue in an easterly direction 11.14 feet to a point;
thence leaving Marshall Avenue, and with the westerly side of the remaining land of
Tax Parcel Number I 113313, in a northerly direction, 120 feet to a point; thence along
the southerly side of Tax parcel Number 1113319, in a westerly direction, 11.14 feet to
a point; thence in a southerly direction, along the easterly side of Tax Parcel Number
1113312 120 feet to a point, being the PLACE OF BEGINNING.
CHURCH AVENUE £x[.. LOT ~-A
VAC_AFED BY ORO, 264~37, 5/25/"83--~. PROP£R~f OF
.............. ;........................~ ~ ~ ~
· .. ~L S~ S 84'12'~ E. 190.49'
BLOCK 8
OFFIC~ SUR~
NO. I~SW PRO~R~ O~
~Y~ ~ CHURCH
EXHIBIT C-1
Improved Proper tS)
EXHIBIT C-2
(Unimproved Proper ty;
EXHIBIT D
ADJOINING PROPERTY OWNERS
TAX PARCEL NUMBER 1113305
505 Sixth Street, S. W.
Tax Map Number Owner(sVAddress
1113304
Trustees Calvary Baptist Church
608 Campbell Avenue, S.W.
Roanoke, Virginia 24016
1113319
Trustees of the Roanoke Consistency of
Ancient & Accepted Scottish Rite of
Free Mason
625 Marshall Avenue, S.W.
Roanoke, Virginia 24016
1113313
1113314
1113315
1113316
1113501
Aspace LLC
3219 Landmark Street, Suite 8B
Greenville, North Carolina 27834
1113317
1113517
Gary C. Bandy
944 Kingston Road
Wirtz, Virginia 24184
1113401
Roanoke City School Board
Jefferson High School
215 Church Avenue, S.W., Room 250
Roanoke, Virginia 24011
TAX PARCELS NUMBERED 1113501 and 1113502
1 Luck Avenue, S.W.
Tax Map Number
1113503
O~mer(sb/Address
Five Thirty Two Group LC
532 Luck Avenue, S.W.
Roanoke, Virginia 242011
1113401
Roanoke City School Board
Jefferson High School
215 Church Avenue, S.W., Room 250
Roanoke, Virginia 24011
1113305
1113518
ASpace LLC
3219 Landmark Street, Suite 8B
Greenville, North Carolina 27834
1113317
1113517
Gary C. Bandy
944 Kingston Road
Wirtz, Virginia 24184
TAX PARCEL ~ER 1113312 and
A PORTION OF TAX PARCEL NUMBER 1113313
0 Marshall Avenue, S.W.
Tax Map Number Owner(s)/Address
1113'319
1113311
Trustees of the Roanoke Consistency of
Ancient & Accepted Scottish Rite of
Free Mason
625 Marshall Avenue, S.W.
Roanoke, Virginia 24016
1120211
Myrtle W. Craft
622 Marshall Avenue, S.W.
Roanoke, Virginia 24016
1120212
Mary Elizabeth Hale
618 Marshall Avenue, S.W.
Roanoke, Virginia 24016
1220213
James Edwin Robertson
616 marshall Avenue, S.W.
Roanoke, Virginia 24016
1220214
Joseph A. Medina and
Janet L. Medina
c/o Moore & Company
897 Ashmead Road
Moneta, Virg/nia 24121
1113314
1113305
ASpace LLC
3219 Landmark Street, Suite 8B
Greenville, North Carolina 27834
1113205
1113206
1113207
1113208
1113209
Proposed Rezoning
(Subject Properties cross-hatched)
1113301
1113319
/
1113304
1113318
1113401
C-1
lq
S
Misc. 8/22/02 - Council
[ ll DOwn'Own
Roanoke Inc.
213 Market Street · Roanoke, VA 24011 · 540.342.2028 · FAX 344.1452
www. downtownroanoke, orq · e-mail: dri@downtownroanoke, or, q
EXECUTIVE COMMITTEE
M. HELEN BUTLER
Carillon Health System
Chair
STEPHEN W. LEMON
Martin Hopkins & Lemon, PC
Chair-Elect & Vice-Chair
DON J. HARRISON
First Union National Bank
Immediate Past Chair
MICHAEL T. OI'I'rRICH
Pepsi Bottling Group
Secretary & Vice-Chair
G. LOGAN FORSYTH
Chas. Lunsford Sons & Associates
Treasurer
ROBERT H. FETZER
Building Specialists, Inc,
Vice-Chair
KENNETH RATTENBURY
Fret Mill Music Company
Vice-Chair
MARYELLEN F. GOODLATrE
Glenn Feldmann Darby & Goodlatte
Vice-Chair
SABRENE'BLEVlNS
The Wallace Agency
At-Large
MICHAEL E. WARNER
N & W Properties
At-Large
DAVID A. DIAZ
President
DIRECTORS
ROBERT K. BENGTBON
City of Roanoke
MARK BOWER
Norfolk Southern Corporation
MICHAEL J. BRUNETTE
NewsChannel 10 (WSLS-TV)
VICTOR O. CARDWELL
Woods Rogers & Hazlegrove
CYNTHIA S, CASSELL
Twist & Turns
ELAINE FRANTZ
vanBlaricom & Frantz
ELLIS L. GUTSHALL
Valley Bank
TERRY HALL
American Electric Power
JAMES N. HINBON
First Virginia Bank-Southwest
SUSAN W. JENNINGS
The Arts Council of the Blue Ridge
F. GEOFFREY JENNINGS
Frank L Moose Jewelers
DR. THOMAS MCKEON
Roanoke Higher Education Center
F. ALLAN POLLARD, II
Corned Beef & Company
CALVIN POWERS
Guard Rail Inc.
MICHAEL R. RIELEY
Vedzon
MANJIT S. TOOR
Sherertz Franklin Crawford Shaffner, Inc.
DENNIS TRAUBERT
First Citizens Bank
WILLIAM F. TRINKLE
Francis Realtors
MICHAEL WALDVOGEL
Waldvogel Poe & Crank
MARK W. WOODS
Woods Farms
WILLIAM H. CARDER
Roanoke City Council Liaison
August13,2002
Mary Parker, City Clerk
Noel C. Taylor Municipal Building
215 Church Avenue, Rm 456
Roanoke, VA 24011
Dear Mayor Smith and Members of City Council:
On August 13, 2002, the DRI Board of Directors voted unanimously
to send a letter to Council expressing our support of the rezoning
application for five parcels located on Luck and Marshall Avenues.
This rezoning of the "Cotton Mill" properties is consistent with the
Outlook Roanoke Update (downtown's master plan), which was
adopted by City Council on May 20, 2002.
The plan specifically mentions that the Cotton Mill building is well
suited to conversion to loft apartments, live\work units, or office
space. These types of uses are best allowed by the C-3, Central
Business District, which is the district being proposed for these
properties.
Please call me at 342-2028 if you have any questions regarding
this letter.
Sincerely,
pD~(~d eA;tD iaz
CC:
Helen Butler, DRI Chair
Darlene Burcham, City Manager
Robert Manetta, Planning :Commission Chair
Mary Ellen Goodlatte, ASpace's (petitioner's) Attorney
Greater
Roanoke
Region
YMCA of Roanoke Valley
We build strong kids,
strong families, strong communities.
Corporate Office
P.O. Box 2130 (Zip 24009)
425 Church Avenue, S.W.
Roanoke, Virginia 24016
Ph: (540) 342-9622
Fax: (540) 345-0730
Email: ymcaroanoke@ aol.com
OFFICERS
J. W. Kirk, III
President
June 13, 2002
W. Lee Wilhelm, III
Vice President
Donald G. Smith
Vice President
William O. Sparrow
Secretary
Gilbert W. McGeorge, Jn
Treasurer
J. Spencer Frantz
Past President
BOARD OF DIRECTORS
Houston L. Bell, Jr.
Abney S. Boxley, III
James Gill Breakell
John Carlin
Robert P. Fralin
J. Randolph Garrett, III
E. Wayne Harris, Ed.D.
Don J. Harrison
Alphonzo L. Holland, Sr.
Sarah Huddle
Jay W. Langhammer
William C. Laub
Robert C. Lawson, Jr.
Alexander I. Saunders
Phillip A. Short
Phillip F. Sparks
Diane McQ. Stricldand
John Walker
Willie Wilhelm
John B. Williamson, III
David D. Willis
Wendy ZomparelIi
F. Cai Johnson
Executive Director
Members, Roanoke City Planning Commission
C/o Ms. Nancy Snodgrass, Planner
215 Church Avenue, SW
Municipal Building, Room 162
Roanoke, VA 24011
Dear Members of the Planning Commission:
On behalf of the Board of Directors of the YMCA of Roanoke Valley, I
want to express our enthusiastic support of the rezoning petition filed by
ASpace, LLC. As a neighbor on the western end of downtown, we are
excited about their plans to develop the CottOn Mil1 property.
With the success of the Jefferson Center and our new facility beginning
construction this fall, the Cotton Mill adds a new and vibrant piece to the
development of our neighborhood. It is reflective of our commitment to
enhancing the quality of life and the economic development of downtown
Roanoke.
Thank you for your consideration of this very worthwhile request.
Executl~e Director
Cc: Members of the Roanoke City Council
,lUtq 2 1
iannJn§
Our mission: To put Christian principles into practice through programs that build a healthy spirit, mind, and body for all.
ROBEFrT' L BOITNOTT
POTENTATE
July 8, 2002
]CA.Z IZvI S H I~ IN~E I-~S
WEST CAMPBELL AVENUE
(540) 344-9306 ·
RECEIVED
JUL 0 9 2002
CITY OF ROANOKE
PI. ANNIN6 BUILDING AND DEVELOPMENT
· ROANOKE, VIRGINIA 24016-3596
FAX: (540) 343-9967
Members, Roanoke City Planning Commission
c/o Ms. Nancy Snodgrass, Planner
215 Church Avenue, S.W.
Municipal Building, Room 162
Roanoke, VA 24011
Re: Rezoning Request: ASpace, LLC
Dear Members of the Planning Commission:
As a neighbor of the Cotton Mill property, the Kazim Shriners give their support
to the rezoning petition of ASpace, LLC.
Sincerley,
Robert L. Boitnott
Potentate 2002
Collegiate Pacific · P.O~ Box 300 · 532 Luck Avenue · Roanoke, VA 24002
July 8, 2002
Members, Roanoke City Planning Commission
c/o Ms. Nancy Snodgrass, Planner
215 Church Avenue, S.W.
Municipal Building, Room162
Roanoke, Virginia 24011
- ~ ~ . ' ~' .... . '';.. :i · ~ ~ '~.'~ ' ..-.. ~ - ~-' ,' ~, ..~ -~. ~ , . ' ~ ~ . - ',~.
· , ~ ' - ~ 7~ ~ · ~';~' ~ ,?~ ~ ~ ¥ . % -~ .:~ ~. !,.~..: ,~, .~: . , .~ -~ . o.~ ~_~?? · .~'~ ~ . ~ ~'~ ~. · ~.. ~ ~ . .~ , ~ ,..:...~.~
'~::~ ~.~.?~ ~.:~ Dear. Members of the Planning Commission- ~:~?.~:.~. ./
?
~ -LLC is '. makin, ..a firm investment'.into ':this ' hbOrhood,.. Their ~ planned
,. t~On~a~:, ......... .~:. e.~,of.~their .......... . ,~:.~. ..... ~...:.
· "'.-:. .-'.:~.'."-' ... '.:::~'..' :~. :i..o~ ':-:~"~ " ............... ,-- ~': -°"';-'-; ' -~-" · · --- :-:- ':'
· ' ' .'.:~'. --,"' .'..~ - ..'-'V~":-' ::"' Li-.-' ' "~::~.':':.~:.'- :L:~:_ ~.'.".'"'!'::-.:.:~-.':.
Phone: 540-981-0281 -_ Fa.x:-..540-,98.1-0337 · e-mail: pennan~®.collegiatepacil~c.com · www. cqllegiatepa¢ific.com ..
. a Division of.Wool Felt Producr~
iCITY OF ROANOKE ..,
PLANNING BUILDING AND'DEvE£OpMENT ~?! ".-' ..... .'" '.
JEFFE. RSON CENTER
BOARD OF DIRECTORS
J. Tyler Pugh
Chairman
Janet P. Burrow
President & CEO
James W. Arend
James Atkinson
Thomas IL. Bagby
John W. Boyle, Jr.
Warner Dalhouse
Walter M. Dixon
Edward Dunbar
Helen C. Fitzpatrick
W. Heywood Fralin
Edwin C. Hall
John G. Heitz
Carol Jarratt
Mary Ann Johnson
Heidi E Krisch
William L. Lee
Nan Mahone
Charlotte Porterfield
DonaM G. Smith
Maury L. Strau~
Richard S. Whitne~ Jr.
Gordon C. Willir, Sr.
541 Luck Avenue, SW, Suite 221
Roanoke, Virginia 24016
P: 540-343-2624
F: 540-343-3744
info@jeffcenter, org
www.jeffcenter, org
July 8, 2002
Members, Roanoke City Planning Commission
c/o Ms. Nancy Snodgrass, Planner
215 Church Avenue, SW
Munidpal Building, Room 162
Roanoke, VA 24011
RECEIVED
JUL 1 0 2002
CrTY-OF ROANOKE
PLANNING BUILDING AND DEVELO~EI~I'
RE: Rezonmg Request: ASpace, LLC
Dear Members of the Planning Commission:
As one of the closest neighbors of the Cotton Mill property, the Jefferson Center
enthusiastically supports the rezoning petition of ASpace, I_.LC. We look forward to
working with ASpace as it develops the Cotton Mill property.
We at the Jefferson Center are excited about the futm:e of om: neighborhood as
envisioned in the recent Outlook updat, e. We are pleased that ASpace, LLC, is
acting upon the vision for the Cotton Mill property outlined in that new downtown ' '
plan. Having another vibrant space in om: section of downtown can only. enhance
Jefferson Center's mission and add tO the energy o'f d(~(~.wn Roanoke. --
Although I may not be able to attend the public heaJang oiiJuly 18 when you
· . · . ~.. .... , ~.-.:: - ~.(
consider this request, please accept this letter as ev~dence, ot~our wholehearted -.5' i~, : .'!
-~ '-'- -/.: ?a~3,~?~f ~.~.
support for' the rezomng request of ASpace,LLC..5?~'i~d~,~
Very truly yom:s,
Janet Burrow, President & CEO
JB/rt
Cc:
Darlene Bm:chain, Roanoke City
Roanoke City Council Members
"A. Wayne Lewis"
<wlewis~myvalleyban
k.com>
07/09/2002 10:22 AM
Please respond to
wlewis
To: <Nancy_Snodgrass@ci.roanoke.va. us>
cc:
Subject: ^Space Rezoning Request
Members, Roanoke City Planning Commission
c/o Ms. Nancy Snodgrass, Planner
215 Church Avenue, SW
Municipal Building, Room 162
Roanoke, VA 24011
Dear Planning Commission Members:
I am writing in my capacity as Chairman of the Stewardship Committee of
Calvary Baptist Church, whose property is adjacent to the Cotton Mill
building on Sixth Street in Old Southwest. It is my understanding that
ASpace, LLC has filed a petition to have the Cotton Mill tract rezoned, and
that this petition will be considered by the Commission at its next meeting.
Calvary enthusiastically supports the requested rezoning of the Cotton Mill
property, which will make the neighborhood safer and more attractive and
protect Calvary's substantial investment in its own properties. ASpace is
working to develop the Cotton Mill consistent with the recent Outlook
Update, and their successful implementation of that vision could well have a
revitalization benefit to the immediate neighborhood second only to The
Jefferson Center. Another dynamic organization drawing visitors into the
neighborhood can only add to the overall health of broader downtown Roanoke.
The requested zoning is a "lighter" zoning than the current one, and will be
a "win/win" situation for all concerned.
If I am unable to attend the public hearing on July 18 when you consider
this matter, please accept this e-mail as evidence of Calvary's full support
for the rezoning request of ASpace, LLC. I also support it personally as a
City resident and professionally as a banker interested in economic
revitalization.
A. Wayne Lewis
Executive Vice President/COO
Valley Bank
36 West Church Avenue
Roanoke, VA 24011
(540) 342-2265
(540) 342-4514 FAX
wlewis@myvalleybank.com
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, August 19, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from LM, Light
Manufacturing District and C-l, Office District, to C-3, Central Business District, the
following property:
A tract of land containing 1.34 acres consisting of five tracts of land described
as Tax Map No. 1113305, 505 Sixth Street, S.W., Tax Map No. 1113501, 0
Luck Avenue, S.W., Tax Map No. 1113502, 0 Luck Avenue, S.W., Tax Map
No. 1113312, 0 Marshall Avenue, S.W., and a portion of Tax Map No.
1113313, 0 Marshall Avenue, S.W.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
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, August 15, 2002.
GIVEN under my hand this 29th day of july ,2002.
Mary F. Parker, City Clerk.
H'\NOT1CES\N-RF, ZO ASP A CEMAR SHA1,1 ,AW,/081902'1 DOC
Note to Publisher:
Please publish twice in The Roanoke Times on Friday, August 2, 2002, and again on Friday,
August 9, 2002.
Send Publisher's Affidavit to:
Send Publisher's Bill to:
Mary F. Parker, City Clerk
Noel C. Taylor Municipal Building
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018
H:~Public Hearings.02~affdv. bill to.page (Natt).wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
RECEIVED
_,"d_F3.F,_S_ rJEEi~']L ......
GLENN, FELDMANN, DAR
ATTN: MARYELLEN F. G
P. O. BOX 2887
ROANOKE VA 24001
REFERENCE: 80025065
01958126
Luck/Marshall
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
Virqinia. Sworn and subscribed before me this
~-~ay of August, 2002. Witness my hand and
official seal. /~
~~~~~- ~ _~ ~ Notary_~Public
~y commissiOn--expires ------ ~~~-~ .
PUBLISHED ON: 08/02 08/09
'02 AUG12 P3:48
· ro ',WmM r~ M~V ~:
p.m., in the Qxme{I ClMmmbe~
in ~ ~ ~. T~ M~I
~ 2~ ~h A~,
S.W., ~ ~ ~
~ ~ ~, ~ Man~
~u~ .DIW~ ~d C-~,
P~
~ I~ ~ M T~
NO. ~3~5, 506
Street, S.W., Tax Map
S.W., TB M~ ~. ~2, 0
No 1tlq~, .0 ~
~, ~W., ~ a ~ ~
A~ ~W.
A C~y'~ ~ p~l
In~M~C~
All ~ In I~ m~
TOTAL COST: 242.44
FILED ON: 08/09/02
Authorized
Signature:
, 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 31,2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MaE/ellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Mr. Goodlatte:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 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., on the request of ASpace, L.L.C., that approximately 1.34 acre of land, consisting
of five tracts lying in the City of Roanoke, located on Sixth Street, Luck Avenue, and
Marshall Avenue, S. W., identified as Official Tax Nos. 1113305, 1113501, and 1113502,
be rezoned from LM, Light Manufacturing District, and Official Tax No. 1113312 and a
portion of Official Tax No. 1113313, be rezoned from C-1, Office District, to C-3, Central
Business District.
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 August 19
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Enclosure
pc: Aspace, L.L.C., 3219 Landmark Street, Suite 8B, Greenville, North Carolina 27834
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.roanokc.va, us
July 31,2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Trustees of the Calvary Baptist Church
608 Campbell Avenue, S. W.
Roanoke, Virginia 24016
Ms. Myrtle W. Craft
622 Marshall Avenue, S. W.
Roanoke, Virginia 24016
Trustees of the Roanoke Cohsistency of
Ancient & Accepted Scottish Rite of Free
Mason
625 Marshall Avenue, S. W.
Roanoke, Virginia 24016
Mr. Gary C. Bandy
944 Kingston Road
Wirtz, Virginia 24184
Five Thirty Two Group, L. C.
532 Luck Avenue, S. W.
Roanoke, Virginia 24016
Ms. Mary E. Hale
318 Marshall Avenue, S. W.
Roanoke, Virginia 24016
Mr. James E. Robertson
616 Marshall Avenue, S. W.
Roanoke, Virginia 24016
Mr. and Mrs. Joseph Medina
897 Ashmead Road
Moneta, Virginia 24121
Ladies an'd Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 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., on the request of ASpace, L.L.C., that approximately 1.34 acre of land, consisting
of five tracts lying in the City of Roanoke, located on Sixth Street, Luck Avenue, and
Marshall Avenue, S. W., identified as Official Tax Nos. 1113305, 1113501, 1113502, be
rezoned from LM, Light Manufacturing District, and Official Tax No. 1113312 and a portion
of Official Tax No. 1113313, be rezoned from C-1 Office District, to C-3, Central Business
District. '
The City Planning Commission is recommending that Council approve the request for
rezoning. 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.
Interested Property Owner and/or
Adjoining Property Owner
July 31, 2002
Page 2
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,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
RECEIVED
COMMISSION CITY CLER~(S OFF~C!Z
TO WHOM IT MAY CONCERN: '02. &IL -2 All :37
The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 18,
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 ASpace, LLC, represented by Maryellen F. Goodlatte, that properties
located on Sixth Street, and Luck and Marshall Avenues, S.W., more specifically
identified as Official Tax Nos. 1113305, 1113501, and 1113502, zoned LM, Light
Manufacturing District, and 1113312 and a portion of 1113313, zoned C-l, Office
District, be rezoned to C-3, Central Business District.
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, July 2 and 9, 2002.
Please bill
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P O Box 2887
Roanoke, VA 24001-2887
(540) 224-8018
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 THE REZONING REQUEST OF:
ASpace, LLC, for property at 505 Sixth Street, Marshall and )
Luck Avenue, SW, Tax Nos. 1113305, 1113501, 1113502, )AFFIDAVIT
1113312 and pt. 1113313, from C-1 and LM, to C-3, cond. )
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
19th day of June, 2002, notices of a public hearing to be held on the 18th day of July,
2002,on the amendment of proffers captioned above to the owner or agent of the
parcels listed below at their last known address:
Parcel Owner's Name
1113304 Trustees, Calvary Baptist Church
1113319
1113311
1113313
1113314
1113315
1113316
1113501
1113317
1113517
1113401
1113503
1120211
1120212
112O213
Trustees of the Roanoke Consistency of
Ancient & Accepted Scottish Rite of Free
Mason
Aspace, LLC
Mailing Address
608 Campbell Ave., SW
Roanoke, VA 24016
625 Marshall Avenue, SW
Roanoke, VA 24016
3219 Landmark Street,
Suite 8B
Greenville, NC 27834
Gary C. Bandy
City of Roanoke
Five Thirty Two Group, LC
Myrtle W. Craft
Mary Elizabeth Hale
James Edwin Robertson
944 Kingston Road
Wirtz, VA 24184
Route 1, Box 952
Wirtz, VA 24184
532 Luck Avenue, SW
Roanoke, VA 24011
622 Marshall Avenue, SW
Roanoke, VA 24016
618 Marshall Avenue, SW
Roanoke, VA 24016
616 Marshall Avenue, SW
Roanoke, VA 24016
1120214
Joseph and Janet Medina
897 Ashmead Road
Moneta, VA 24121
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 19th day of June, 2002
' -t'~~N~t ~P~~a
My Commission Expires: %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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
June 6, 2002
File #51
Robert B. Manetta, Chairperson
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition received in the City Clerk's Office on June 5, 2002, from
Maryellen F. Goodlatte, Attorney, representing ASpace, L.L.C., requesting that
approximately 1.34 acre of land, consisting of five tracts lying in the City of Roanoke,
located on Sixth Street, Luck Avenue, and Marshall Avenue, S. W., identified as Official
Tax Nos. 1113305, 1113501, 1113502, be rezoned from LM, Light Manufacturing District,
and Official Tax No. 1113312 and a portion of Official Tax NOb 1113313, be rezoned from
C-1, Office District, to C-3, Central Business District.
Sincerely,
Mary F Parker, CMC
City Clerk
MFP:mh
Enclosures
N:'d~KMH l~'-omrl~ - Str~.A#~ Clo$irl~$.0~n. ASp~ce.rezonir~.wlxI
Robed B. Marietta
June 6, 2002
Page 2
pc~
The Honorable Mayor and Members of the Roanoke City Council
The Honorable M. Rupert Cutler, Council Member - Elect, 2865 South Jefferson
Street, Roanoke, Virginia 24014
The Honorable Alfred T. Dowe, Jr., Council Member- Elect, 2711 Kirkland Drive,
N. W., Roanoke, Virginia 24017
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodiatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~ezonings - Street.Alley Closings.02~ASpace.rezonirlg.wpd
MARY F. PARKER, CMC
City Clerk
CI,TY 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
August 21,2002
File #51
STEPHANIE M. MOON
Deputy City Clcrk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Cesar Dominguez
512 McDonald Drive
Vinton, Virginia 24179
Dear Mr. Dominguez:
I am enclosing copy of Ordinance No. 36044-081902 repealing and replacing certain
conditions proffered and approved, pursuant to Ordinance No. 35817-041502, with regard
to property described as Official Tax No. 3012801 located at 325 Jefferson Street, N. E.,
subject to certain conditions proffered by the applicant; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Trustees, First Baptist Church, 407 North Jefferson Street, Roanoke, Virginia 24016
Claytor, Inc., 811 Grayson Avenue, N. W., Roanoke, Virginia 24016
Barbara and Darlene Keeling, 9 Gilmer Avenue, N. E., Roanoke, Virginia 24016
The Harrison Museum of African American Culture, 523 Harrison Avenue, N. W.,
Roanoke, Virginia 24016
Mr. and Mrs. James Allen, 12 Gilmer Avenue, N. E., Roanoke, Virginia 24016
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
H:~Agenda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36044-081902.
AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 301, 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 by title.
WHEREAS, Cesar Dominguez, has made application to the Council of the City of
Roanoke to repeal and replace proffered conditions set forth in Ordinance No. 35817-041502
presently binding on Official Tax No. 3012801, with new proffered conditions; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on August 19, 2002, after due and timely notice thereof as required by {}36.1-693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the proffers currently binding on the subject property be amended as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 301 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That the proffers currently binding on that tract of land lying in the City of Roanoke,
located at 325 Jefferson Street, N. E., and designated on Sheet No. 301 of the Sectional 1976
Zone Map, City of Roanoke, known as Official Tax No. 3012801, pursuant to Ordinance No.
35817-041502, be repealed and replaced with the proffers contained in the First Amended
Petition filed in the Office of the City Clerk on July 29, 2002, that Ordinance No. 35817-
041502 be amended in this respect, and that Sheet No. 301 of the Zone Map be changed in
this respect.
2.
of this ordinance by title is hereby dispensed with.
ATTEST:
Pursuant to the provisions of Section 12 of the City Charter, the second reading
City Clerk.
H:\ORDINANCES\O-RE.ZJEFFSTDOMINGUEZ(081902).DOC
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
August19,2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William H. Carder, Council Member
M. Rupert Cutler, Council Member
Alfred T, Dowe, Jr., Council Member
William D. Bestpitch, Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from Cesar Dominguez to repeal and replace proffered
conditions for property at 325 Jefferson Street, N.E, bearing Official
Tax No. 3012801.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, July 18, 2002. By a vote of 6-
0 (Mr. Hill absent), the Commission voted to recommend approval of the amended
proffered conditions
Background'
On April 16, 2002, City Council approved a rezoning of the subject property from RM-2 to
C-3, subject to the following conditions:
The existing building will be rehabilitated and reused for uses provided forwithin the
C-3, Central Business District. The existing shed in the rear of the property will be
removed.
2. There will be no sale of alcohol permitted in conjunction with any use of property.
'l'he petitioner later reconsidered the first proffer that specified removal of the shed in the
rear of the property. The petitioner requests that the conditions proffered and approved by
Ordinance No. 35817-041502 be repealed and rep~ac~cl with the proffers set out below.
1. The existing 2-story building will be rehabilitated ~,,d reused for uses provided for
within the C-3, Central Business District.
2. There will be no sale of alcohol permitted in co~-~iunction with any use of property.
The Planning Commission held a public hearing on Thursday, July 18, 2002. Mr. Tom
Schewendeman (project manager) presented the request stating that he had would like to
retain the accessory buildings. Mr. Jacques Scott, City Planner presented the staff report,
recommending approval of the amended conditions. No citizens spoke in favor of or in
opposition to the request. Mr. Steve Talevi, Assistant City Attorney, suggested that the first
condition be reworded to make reference to the two-story building to clarify which building
would be retained and the petitioner agreed to amend the proffered condition.
Considerations:
The subject property is located on the corner of Jefferson Street and Gilmer Avenue and is
subject to the H-2, Neighborhood Preservation District overlay. The building is vacant and
has been uninhabited for over eight years. In the past, the commercial building was the
location of the Moses Store and an upstairs apartment where the owners lived. The shed is
located to the rear of the property and faces Gilmer Avenue. The amendment of the
proffered conditions will give the owner the option of retaining and rehabilitating the
accessory buildings or demolishing the accessory building, with approval by the
Architectural Review Board.
Vision 2001-2020, the City's Comprehensive Plan, recommends that:
· Cultural and Historic resources - Roanoke will identify, preserve and protect its
historic districts, landmark features, historic structures and archaeological sites.
Neighborhood residents have been contacted and expressed no comments.
Recommendation:
By a vote of 6-0, the Planning Commission recommended that City Council accept the
amended proffered conditions.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City 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
Cesar Dominguez, Petitioner
Evelyn Bethel, President, Historic Gainsboro Preservation District, Inc.
2
V. Lee Wolfe, President, Gainsboro Neighborhood Alliance
George H. R. Heller, President, Gainsborough Southwest Community Organization
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
First amendment of Proffered Condition at 325
Jefferson Street, N.E., Tax Map No. 3012801
) FIRST AMENDMENT OF
) PROFFERED CONDITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The petitioner, Cesar Dominguez, is owner of land in the City of Roanoke containing .25
Acres, more or less, located at 325 Jefferson Street, N.E., Tax Map No. 3012801. Said tract is
currently zoned C-3, Central Business District, with conditions. A map of the property is
attached as Exhibit A.
Pursuant to Section 36.1-960, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the conditions proffered and approved by Ordinance No. 35817-041502
be repealed and replaced with the proffers set out below.
1. The existing 2-story building will be rehabilitated and reused for uses provided for
within the C-3, Central Business District.
2. There will be no sale of alcohol permitted in conjunction with any use of the property.
The Petitioner believes this amendment will further the intent and purposes of the City's
Zoning Ordinance and its comprehensive plan, in that it will enhance the quality of the
neighborhood and revitalize a neglected vacant property.
Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners
of all lots or property immediately adjacent to and immediately across a street or road from the
325 Jefferson Street, N.E.
WHEREFORE, the Petitioner requests that the amendment be approved in accordance
with the provisions of the Zoning Ordinance of.the City of Roanoke.
Respectfully submitted this'~t'h day of July, 2002.
Cesar Dominguez
512 McDonald Drive
Vinton, VA 24179
H: 981-0980
C: 556-2613
By:
Respectfully submitted,
~ s~)~omlnguez
Z~
;':'3011423
.3Gl 1425
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, August 19, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question of amending, repealing or
replacing proffered conditions, authorized by Ordinance No. 35817-041502, presently
binding upon Official Tax No. 3012801, such tract described as follows:
That tract of land lying in the City of Roanoke, located at 325 Jefferson Street,
N.E., identified as Official Tax No. 3012801.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
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, August 15, 2002.
GIVEN under my hand this 29th day of July ,2002.
Mary F. Parker, City Clerk.
H:XNOTICES\N-REZO325 JEFFST(081902). WPD
Note to Publisher:
Please publish twice in The Roanoke Times on Friday, August 2, 2002, and again on Friday,
August 9, 2002.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
Noel C. Taylor Municipal Building
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
N:\CKMH BPublic Hearings.02~affdv.bill.to.page,Parker.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
01958154 325 jefferson St.
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
a. Sworn and subscribed before me this
ay of August, 2002. Witness my hand and
.............. tar P bl_~
My commission expires .
PUBLZSHED ON: 08/02 08/09
TOTAL COST: 217.36
FILED ON: 08/09/02
...................................................
RECEIVED
C,_r_~, hS aFF:C?
L'tT'f ' '*'"' -
'02 &l.16 12 P 3:48
10 WHOM IT MAY.C~#CERN:
.(/979), as ~, ~ ~n-
P~., in ~ ~ ~ In
G~W., on ~e que~lon ~
~ ~ ~. 3~17-
~2, pr~ntly binding
~ ~ T~ ~. ~1,
325 J~ ~, N.E.,
A ~ ~ ~1~ p~ ~
~1 ~ In I~er~ may
~ ~ J~,
Authorized
Signature: ....
, 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) 853o2541
Fax: (540) 853-1145
E-mail: clcrk@¢i.roanoke.va, us
July 31, 2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Cesar Dominguez
512 McDonald Drive
Vinton, Virginia 24179
Dear Mr. Dominguez:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in th~
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., on your request in connection with conditions proffered and approved pursuant to
Ordinance No. 35817-041502, with regard to property described as Official Tax No.
3012801 located at 325 Jefferson Street, N. E.
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 August 19
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy 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.vams
,July 31,2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Trustees, First Baptist Church
407 North Jefferson Street
Roanoke, Virginia 24016
Barbara and Darlene Keeling
9 Gilmer Avenue, N. E.
Roanoke, Virginia 24016
Claytor, Inc.
811 Grayson Avenue, N. W.'
Roanoke, Virginia 24016
The Harrison Museum of African-
American Culture
523 Harrison Avenue, N. W.
Roanoke, Virginia 24016
Mr. and Mrs. James Allen
12 Gilmer Avenue, N. E.
Roanoke, Virginia 24016
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 2002 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City
Council C. hamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., on the request of Cesar Dominguez in connection with conditions proffered and
approved pursuant to Ordinance No. 35817-041502, with regard to property described as
Official Tax No. 3012801 located at 325 Jefferson Street, N. E.
The City Planning Comr~ission is recommendihg that Council approve the request for
rezoning. 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.
Stephanie M. Moon
Deputy City Clerk
SMM: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) 853ol 145
E-mail: clerk~ci.roanok¢.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
July 31,2002
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of an amended petition received in the City Clerk's Office on
July 29, 2002, from Cesar Dominguez, in connection with conditions proffered and
approved pursuant to Ordinance No. 35817-041502, with regard to property described as
Official Tax No. 3012801 located at 325 Jefferson Street, N. E.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
H:XRezonings - Street. Alley Closings.02XDominguez. Amendment of Conditions Proffered.amended.wpd
Robe~ B. Manetta
July 31,2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. Cesar Dominguez, 512 McDonald Drive, Vinton, Virginia 24179
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:XRezonings - Street. Alley Closings.02XDominguez. Amendment of Conditions Proffered.amended.wpd
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMIS SION
TO WHOM IT MAY CONCERN: '02. dlZ -2 ~111:37
The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 18,
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 Cesar Dominguez to repeal and replace proffered conditions for property at
325 Jefferson Street, N.E., bearing Official Tax No. 3012801.
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 heating, 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, July 2 and 9, 2002.
Please bill:
Cesar Dominguez
512 McDonald Drive
Vinton, VA 24179
(540) 981-0980
Please send Affidavit of Publication to:
Department of Planning Building and Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 240111
(540) 853-1730
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF:
Cesar Dominguez for property located at 325 Jefferson
Street, N.E., Tax No. 3012801
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) TO-WIT:
)
)
) AFFIDAVIT
parcels listed below at their last known address:
Parcel Owner's Name
2012812
3011422
Trustees, First Baptist Church
2011901 Claytor, Inc.
3011423 James and Brenda Allen
3012806 Barbara and Darlene Keeling
3012802 The Harrison Museum
Notices sent to the following neighborhood leaders:
Ms. V. Lee Wolfe, President
Gainsboro Neighborhood Alliance
206 Rutherford Court, NW
Roanoke, VA 24016
George H. R. Heller. GSWCO
322 Patton Avenue, NW
Roanoke, VA 24016
Mailing Address
407 N. Jefferson Street
Roanoke, VA 24016
811 Grayson Avenue, NW
Roanoke, VA 24016
12 Gilmer Avenue, NE
Roanoke, VA 24016
9 Gilmer Avenue, NE
Roanoke, VA 24016
523 Harrison Avenue, NW
Roanoke, VA 24016
Evelyn Bethel, HGPD
Helen Davis, HGPD
35 Patton Ave., NE
Roanoke, VA 24016
Claudia Pannell, GSWCO
331 Patton Avenue, NW
Roanoke, VA 24016
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 19th day of June, 20~2 ~
" Notary Public ~
My Commission Expires:
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
19th day of June, 2002, notices of a public hearing to be held on the 18th day of July,
2002,on the amendment of proffers captioned above to the owner or agent of the
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 7,2002
File #51
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 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition received in the City Clerk's Office on June 6, 2002, from
Cesar Dominguez, requesting Amendment of Proffered Conditions to rezoning of a tract
of land containing 0.25 acre, more or less, located at 325 Jefferson Street, N. E., identified
as Official Tax No. 3012801; and requesting that proffered conditions contained in
Ordinance No. 35817-041502, be repealed and replaced with proffers as set forth in the
abovereferenced petition.
Sincerely,
Mary F.
City Clerk
MFP:mh
Enclosures
N:\CKMH 1LRezonings - Street. Alley Closings.02XDominguez. Amendment of Conditions Proffered.wpd
Robed B. Manetta
June 7,2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
The Honorable M. Rupert Cutler, Council Member- Elect, 2865 South Jefferson
Street, Roanoke, Virginia 24014
The Honorable Alfred T. Dowe, Jr., Council Member - Elect, 2711 Kirkland Drive,
N. W., Roanoke, Virginia 24017
Mr. Cesar Dominguez, 512 McDonald Drive, Vinton, Virginia 24179
Willard N. Claytor, Director, Real Estate Valuation
Ev. elyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~Rezonings - Street. Alley Closings.02~Dominguez. Amendment of Conditions Proffered.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Amendment of Proffered Condition at 325
Jefferson Street, NE., Tax Map No. 3012801
) AMENDMENT OF
) PROFFERED CONDITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The petitioner, Cesar Dominquez, is owner of land in the City of Roanoke containing .25
acres, more or less, located at 325 Jefferson Street, N.E., Tax Map No. 3012801. Said tract is
currently zoned C-3, Central Business District, with conditions. A map of the property is
attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the conditions proffered and approved by Ordinance No. 35817-041502
be repealed and replaced with the proffers set out below.
1. The existing building will be rehabilitated and reused for uses provided for within
the C-3, Central Business District.
2. There will be no sale of alcohol permitted in conjunction with any use of the
property.
The Petitioner believes this amendment will further the intent and purposes of the City's
Zoning Ordinance and its comprehensive plan, in that it will enhance the quality of the
neighborhood and revitalize a neglected vacant property.
Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners
of all lots or property immediately adjacent to and immediately across a street or road from the
325 Jefferson Street, N.E.
WHEREFORE, the Petitioner requests that the amendment be approved in accordance
with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 4th day of June, 2002.
Cesar Dominguez
512 McDonald Drive
Vinton, VA 24179
981-0980
556-2613
By: __
Respectfully submitted,
LISTING OF ADJOINING PROPERTY OWNERS
EXHIBIT
Official Tax No./
Street Address
2012812
3 I0 N. Jefferson St.
Name of Property Owner
Trustees First Baptist Church
Mailing Address
407 N. Jefferson St. NE.
Roanoke, 24016
2011901
413 Old Gainsboro Rd. NW
Ciaytor, Inc.
811 Grayson Av NW
Roanoke, 24016
3011422
407 N. Jefferson St. NE '
Trusto:s First Baptist Church
407 N. Jefferson St. NE
Roanoke, 24016
3011423
12 Gilmer Ay. NE
James & Brenda Allen
12 Gilmer Ay. NE
Roanoke, 24016
3012806
9 Gilmer Av. NE
Barbara & Darlene Keeling
9 Gilmer Ay. NE
Roanoke, 24016
3012802
Jefferson St. NE
The Harrison Museum
523 Harrison Av. NW
Roanoke, 24016
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
Augus121, 2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Daniel F. Layman, Jr., Attorney
Woods, Rogers & Hazlegrove, P. L. C.
P. O. Box 12125
Roanoke, Virginia 24038-4125
Dear Mr. Layman'
I am enclosing copy of Ordinance No. 36045-081902 rezoning two tracts of land located
on the southwest side of Roberts Road, S. W., described as Official Tax Nos. 1290211 and
1290212, from RS-3, Residential Single-Family District, to C-1, Office District, subject to
certain conditions proffered by the applicant; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Horace Fralin, L.L.C., P. O. Box 20069, Roanoke, Virginia 24018
Shih Lo Hsing, et al, 410 Willow Oak Drive, S. W., Roanoke, Virginia 24014
Mr. and Mrs. Charles Mason, 915 Beechwood Drive, S. W., Roanoke, Virginia
24014
Mr. John Hall, 919 Beechwood Drive, S. W., Roanoke, Virginia 24014
Mr. and Mrs. Charles B. Helms, 2951 Roberts Road, S. W., Roanoke, Virginia
24014
Carillon Services, Inc., 213 South Jefferson Street, Suite 720, Roanoke, Virginia
24011
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
H:XAgenda.02XAugust 19, 2002 correspondence.wpd
Daniel F. Layman, Jr., Attorney
August 21,2002
Page 2
pc: Martha P. Franklin, Secretary, City Planning Commission
H:~Agenda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36045-081902.
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 by title.
WHEREAS, Cape Town, L.C. and Steven W. Morris, have made application to the
Council of the City of Roanoke to have the hereinafter described property rezoned from RS-
3, Residential Single-Family District, to C-l, Office District, subject to certain conditions
proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and
after conducting a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on August 19, 2002, after due and timely notice thereof as required by {}36.1-693,
Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and
citizens were given an opportunity to be heard, both for and against the proposed rezoning;
and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the hereinafter described property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet
No. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
That two tracts of land lying in the City of Roanoke, located on the southwest side of
Roberts Road, S.W., and designated on Sheet No. 129 of the Sectional 1976 Zone Map, City
of Roanoke, as Official Tax Nos. 1290211 and 1290212, be, and are hereby rezoned from
RS-3, Residential Single Family District, to C-l, Office District, subject to the proffers
contained in the Fourth Amended Petition filed in the Office of the City Clerk on July 29,
2002, and that Sheet No. 129 of the Zone Map be changed in this respect.
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:\ORDFNANCES\O-R. EZOROBERTSRDRS3 TOC 1 (081902).DOC
q2.7
37-
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
August 19, 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 Cape Town, LC and Steven W. Morris,
represented by Daniel F. Layman, Jr., attorney, that two
tracts of land located on the southwest side of Roberts
Road, S.W., designated as Official Tax No. 1290212 and
1290211 (2918 and 2924 Roberts Road respectively), be
rezoned from RS-3, Residentiai Single Family District, to
C-1, Office District, with conditions.
Planning Commission Action:
Planning Commission public hearing was laeld on Thursday, July 18, 2002. The
petitioner's attorney agreed to amend the second proffer to include clubs, lodges
and fraternal organizations, medical laboratories, and public parking lots and
structures. By a vote of 6-0 (Mr. Hill absent), the Commission voted to
recommend the petition, as amended.
Background:
A petition to rezone the two properties on Roberts'Road, S.W. (Official Tax
Numbers 1290212 and 1290211) from RS-3, Residential Single Family, to C-1,
Office District, was filed on February 7, 2002. A First Amended Petition to
Rezone was filed on March 6.2002. A Second Amehded Petition to Rezone was
filed on March 12, 2002. The Planning Commission Ineard the request on March
21,2002, and recommended denial. City Council heard the request on May 20,
2002, and referred the request back to the Planning Commission~ Following the
City Council hearing, a Third Amended Petition to Rezone the subject properties
from RS-3, Residential Single Family, to C-1, Office District, with conditions, was
filed on June 6, 2002. Following the Commission meeting on July 18th, a Fourth
Amended Petition was filed with the following proffered conditions:
With the exception of ordinary maintenance and the addition of any ramps
or other similar structures as may be necessary to satisfy the
requirements of applicable laws such as the Americans with Disabilities
Act, the exteriors of the residential structures' presently located on both of
these lots will remain the same as they are on the date of this petition,
without material exterior modification or addition.
Neither of the properties, nor any part of either of them, shall be used as a
trade or vocational school of an industrial nature, medical clinic, medical
office, or funeral home, club, lodge and fraternal organization, medical
laboratory, or public parking lot and structure.
The subject lots contain a total of 26,092 square feet or 0.599 acres. The
property designated as Official Tax Number 1290212 consists of 11,492 square
feet with an average lot width of 68 feet and depth of 169 feet. The property
identified as Official Tax Number 1290211 contains 14,600 square feet with an
average lot width of 100 feet and depth of 146 feet.
There is a single-family house, recently improved by the petitioners, on each of
the subject properties. There is a row of trees between the first (Official Tax
Number 1290212) and second properties (Official Tax Number 1290211) and a
row of mature white pine trees between the second subject property and the
adjacent lot farther into the neighborhood (Official Tax Number 1290210).
There have been several changes in land use and zoning in this area in recent
years.
The tract of land directly across Roberts Road from the subject properties,
Official Tax Number 128062 and formerly Moore's Lumber, was rezoned
from LM, Light Manufacturing, to C-2, General Commercial, in 2000. In
2001, the property was rezoned from C-2, General Commercial, to LM,
Light Manufacturing (conditional), for its current use by Carilion as a
laundry and food preparation facility.
In 2000, proffers were amended that were part of a 1988 conditional
rezoning from RS-3, Residential Single Family, to C-2, General
Commercial, for Piccadilly Square Shopping Center. This amendment
allowed for development of a warehouse, accessory to a retail space
housed in Piccadilly Square. The tract rezoned in 1988 abuts the rear of
three properties on Roberts Road and three on Beechwood Drive.
2
Additional parking for Piccadilly Square is located on Tax Number
1290117 which fronts on Beechwood Drive.
Planning Commission held a public hearing on the rezoning request on July 18,
2002. Mr. Daniel Layman, counsel for the petitioner, presented the request.
Mrs. Nancy Snodgrass, City Planner, presented the staff report. Staff
recommended approval citing the following reasons:
· The proposed change in use with conditions is a reasonable development
strategy that is consistent with the Comprehensive Plan;
· The residential use of the subject properties has been negatively impacted
by the surrounding commercial and light manufacturing land uses;
· The orientation of the second subject house toward Franklin Road and a
the tree line between it and the balance of the neighborhood creates a
natural division in the layout of the neighborhood;
· C-1, Office District, permitted uses, particularly as limited by the proffered
conditions, are appropriate uses of the subject properties; and
· The requested rezoning change, with retention of the residential
structures, provides a reasonable approach to buffering the residential
neighborhood from existing intensive commercial uses.
The Planning Commission opened the meeting for public comment. Mr. Charles
Helms of 2951 Roberts Road spoke in opposition to the rezoning request. Mr.
Helms, who owns three additional properties in the neighborhood, cited the
following:
· Wanted to know why the Planning Commission is rehearing the request;
· Heavy impact of truck traffic and noise on the neighborhood from nearby
existing commercial and light manufacturing uses;
· Availability of commercial office space;
· Petition in opposition to the previous rezoning request filed with the
Planning Commission at public hearing in March 2002; and
· Questioned trees shown on concept plan.
Ms. Snyder, formerly of 2930 Roberts Road, spoke in favor of the petition. She
cited the following:
· The owners of the subject properties have improved the properties and
the neighborhood; and
· The noise from the Carilion facility across Roberts Road and the
commercial establishments on Franklin Road is unbearable.
Planning Commission discussion included the following:
· The Commission asked Mr. Layman if the petitioner would be willing to
amend the petition to exclude certain C-1, Office District, special exception
uses. Mr. Layman agreed to and has filed an amended petition to exclude
the uses of clubs, lodges and fraternal organizations; medical laboratories;
and public parking lots and structures.
A staff survey of commercial office space in the area indicated little to no
vacancies;
Clarified that the trees shown on the concept map are both existing and
proposed; and
If the rezoning is approved, the zoning ordinance requires a 10-foot wide
landscape buffer screen to be planted and maintained on the subject
properties where they abut a residential zoning district.
Considerations:
Both existing structures on the two subject properties will remain. A one-story
aluminum sided residential structure built in 1948 and assessed at $40,200 is
located on Official Tax Number 1290212. The one-story with basement brick
veneer residential structure on Official Tax Number 1290211 was built in 1945
and is assessed at $54,800.
The petitioner has proffered a limitation on the C-1, Office District, permitted uses
of the properties. Neither of the properties, nor any part of either of them, shall
be used as a trade or vocational school of an industrial nature, medical clinic,
medical office, or funeral home. The following special exception uses are not
permitted per the conditions: clubs, lodges and fraternal organizations, medical
laboratories, and public parking lots and structures.
The subject lots abut C-2, General Commercial District, properties along the
frontage of Franklin Road. The subject lots are also directly across Roberts
Road from property zoned LM, Light Manufacturing-Conditional, currently used
by Carilion for a 24-hour operation of a laundry and food preparation facility. The
subject properties are directly opposite the parking lot, including an access point,
for the Carilion facility. The property abutting the Carilion property to the north is
zoned C-1, Office District. Zoning directly west and north of the subject
properties is RS-3, Residential Single Family District.
A survey of land uses on Franklin Road between Avenham and Broadway/VVonju
indicates the following existing commercial office uses:
· A 1-story (4,000 sq. ft.) mixed office building currently occupied by
professionals such as dentist and optometrist;
· A 1-story (3,374 sq. ft.) mixed commercial office building (C-1, Office
District);
· A 2-story (8,150 sq. ft.) building currently housing an eye clinic (C-1, Office
District);
· A 2-story (4,000 sq. ft. on ground floor and 4,000 sq. ft. on second floor)
mixed use building including offices;
· A l-story (13,567 sq. ft.) building currently housing a medical clinic (C-2,
General Commercial District); and
· A 1-story (12,436 sq. ft.) mixed commercial office building currently used
as a medical center (C-2, General Commercial District).
The subject properties have no visual barrier from the Carilion parking lot across
the street. Because of their location directly across Roberts Road from the
access to the parking lot, the subject properties are impacted by traffic from all 3
shifts, 24 hours a day. The structure on Official Tax Number 1290211 is oriented
toward Franklin Road and faces a restaurant parking lot.
All houses on Roberts Road beyond the subject properties face Roberts Road
with consistent setbacks. The houses in the neighborhood that are opposite the
Carilion facility, beyond the subject properties, face the side of the building that is
screened by large, dense mature pine trees. Those houses are located beyond
the access point to the Carilion parking lot so they, unlike the subject properties,
are not directly affected by the traffic generated by the Carilion employees.
The extension of the subject properties along the frontage of Roberts Road is
equal to the depth of the Carilion parking lot. Given the depth of the Carillon
parking lot, the orientation of the house on the second subject property, the
intensive commercial uses along Franklin Road, and the access point for the
Carilion parking lot, the subject properties represent a transitional area. The
petitioner's request for the C-1 zoning designation, with conditions that exclude
certain uses, allows for an appropriate transitional use buffer between the more
intensive Franklin Road commercial corridor and the balance of the
neighborhood.
The intent of the C-1, Office District, is to preserve the existing residential
character of neighborhoods and their viability by allowing limited commercial
uses in appropriate existing or new structures. Retention of the residential
structures maintains the residential scale of the street. Furthermore, the row of
mature white pine trees between the subject properties and the rest of the
neighborhood creates a natural division within the layout of the neighborhood.
As mandated by the development regulations in the zoning ordinance, a 10' wide
landscaped buffer would be required on the subject properties where they abut a
residential zone to provide a dense, year round visual and noise obstruction.
Lighting for parking areas would be required to be screened from adjacent
residential properties.
The City Traffic Engineer foresees no significant traffic impact on the
neighborhood given the permitted uses, size of the existing structures and lots,
and the fact that access to the subject properties does not require traveling
through the balance of the neighborhood.
Vision 2001-2020, the City's Comprehensive Plan, includes the following
recommendations for land use and development:
Commercial Development: Roanoke will encourage commercial
development in appropriate areas. The Franklin Road corridor is shown
as a predominantly commercial and industrial land use area.
Economic Development: Visual conflicts between residential and
commercial uses along commercial strips are common. Redevelopment
of areas identified for industrial, commercial or mixed use development
should be explored.
Because of existing commercial and manufacturing zoning and the impact on the
subject properties, the proposed change in use with conditions is a reasonable
development strategy that is consistent with the Comprehensive Plan.
At the Planning Commision hearing on the Second Amended Petition filed in
March 2002, a petition from residents on Roberts Road and Beechwood Drive
was filed in opposition of the request. Since the filing of the Third Amended
Petition, one property owner has contacted the planning staff to express
objections to the rezoning request. Mr. Helms of 2951 Roberts Road (Official
Tax Number 1290403) who also owns three other properties in the neighborhood
(Official Tax Numbers 1290210, 1290207, and 1290303) contacted staff by
phone to discuss the request and express his opposition to the rezoning. His
concerns include the encroachment of commercial uses upon the residential
neighborhood, traffic and parking, noise, trash, and a lack of need for additional
office space.
Recommendation:
Roll call vote was taken on the amended petition and the Commission
recommended City Council approve the amended petition (6-0, Mr. Hill absent).
Given the adjacent land uses and zoning patterns, C-1, Office District, permitted
uses, particularly as limited by the proffered conditions, are appropriate uses of
the subject properties. The requested zoning change, with retention of the
residential structures, provides a reasonable approach to buffering the residential
neighborhood from existing intensive commercial uses.
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
Daniel F. Layman, Attorney for the Petitioner
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
In re:
Rezoning of Two Tracts of Land )
Located on the Southwest Side of )
Roberts Road, comprising )
(1) the lot bearing Official Tax No. )
1290212 and (2) the lot bearing )
Official Tax No. 1290211, from )
RS-3, Residential Single-Family )
District, to C-l, Office District )
FOURTH
AMENDED
PETITION
TO REZONE
OF
CAPE TOWN, LC and
STEVEN W. MORRIS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
(1) Petitioners Cape Town, LC and Steven W. Morris (who is a member in Cape
Town, LC) are the owners of two tracts of land in the City of Roanoke located on the southwest
side of Roberts Road, near its intersection with Franklin Road, SW, bearing, respectively, City of
Roanoke Official Tax Nos. 1290212 and 1290211. A portion of City Appraisal Map Number
129 showing these parcels is attached to this petition as Exhibit A.
(2) Both of these lots are presently zoned RS-3, Residential Single-Family District.
(3) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
petitioners request that the above-described parcels be rezoned from RS-3, Residential Single-
Family District, to C-1, Office District, subject to the conditions set forth in paragraph (6) below.
RKE# 0759065.WPD
C/M: 105267-00001-01
(4) The subject lots are just behind (northwest of) commercially-zoned and -used
properties along the Franklin Road frontage and just across Roberts Road from a large
commercially-zoned tract now owned by Carilion Services, Inc., which is the site of Carilion's
new central laundry and kitchen facilities, a 24-hour per day, 7-day per week operation. Both
lots are substantially impacted by these adjacent commercial uses, and their desirability for
residential use is accordingly materially reduced. Petitioners believe that the requested zoning
change will afford an opportunity for use of these lots in a manner more consistent with their
immediate surroundings and will at the same time allow them to continue serving as a buffer
between the adjacent intensive commercial uses and the remainder of the residential
neighborhood to the northwest.
(5) Presently there is a single-family home on each of the lots. Petitioners have
substantially improved each of these homes. Attached to this petition as Exhibit B are plats of
each lot showing the existing homes and the drives and parking areas serving each.
(6) Petitioners hereby proffer and agree that if these two properties are rezoned as
requested, the rezoning will be subject to, and each of the petitioners will abide by, the following
conditions:
(a) With the exception of ordinary maintenance and the addition of any ramps or
other similar structures as may be neceSsary to satisfy the requirements of applicable laws such as
the Americans with Disabilities Act, the exteriors of the residential structures presently located
RKE# 0759065,WPD
C/M: 105267-00001-01 2
on both of these lots will remain the same as they are on the date of this petition, without material
exterior modification or addition.
(b) Neither of the properties, nor any part of either of them, shall be used as a
trade or vocational school of an industrial nature, medical clinic, medical office, funeral home,
club, lodge and fraternal organization, medical laboratory, or public parking lot and structure.
(7) Attached to this petition as Exhibit C is a list of the names and addresses of the
owners of all lots immediately adjacent to or across a street from the property to be rezoned,
together with the Official Tax Number of each lot.
WHEREFORE, petitioners request that the parcels bearing City of Roanoke Official Tax
Nos. 1290211 and 1290212 be rezoned from RS-3 to C-l, with conditions, in accordance with
the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted by petitioners this gq ff,. day of July, 2002.
CAPE TOWN, LC
Its Manager
"Steven ~.~ivlOrris'''~
RKE# 0759065.WPD
C/M: 105267-00001-01 .3
Daniel F. Layman, Jr.
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, VA 24038-4125
(703) 983-7653
Of Counsel for the Petitioners
RKE# 0759065.WPD
C/M:105267-00001-01 4
.!
/
P L AT
-" 1N G · PXoP%RT'Y 0.~
'~ N. LPBR~ON O ~. ~ACT I.-
~" APOSTOLOU a~o PLACE., ...
~ ...... . '. .
· :.
LEGEND
IRON ;:iN SET
IRON Im~N A'OUNO
~oz- /
/
~'
077.
:Nc~'
LOt 9
'cP
6'
.>
- FRANKLIN RO.
UTILITY
POLE ~
ROBERTS
S66'32'00"E 68.50'
ROAD, S.W.
50'
R/W
EXHIBIT C
Petition of Cape Town, LC and Steven W. Morris
Adjacent Property Owners
Tax Number
1290218
1290213
1290206
1290205
1290210
1280602
Owner
Horace Fralin LLC
P. O. Box 20069
Roanoke, VA24018
Shih Lo Hsing et al.
410 Willow Oak Dr.
Roanoke, VA 24014
Charles T. and Paula R. Mason
915 Beechwood Dr.
Roanoke, VA 24014
John Hall
919 Beechwood Dr.
Roanoke, VA 24014
Charles B. and Christine J. Helms
2951 Roberts Road
Roanoke, VA 24014
Carilion Services, Inc.
213 South Jefferson St.
Roanoke, VA 24011
RKE# 0759065.WPD
C/M: 105267-00001-01 5
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, August 19, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-3,
Residential Single Family District, to C-l, Office District, subject to certain proffers, the
following property:
Two tracts of land lying in the City of Roanoke, located on the Southwest side
of Roberts Road, S.W., identified as Official Tax Map Nos. 1290211 and
1290212.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
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, August 15, 2002.
GIVEN under my hand this 29th day of July ., 2002.
Mary F. Parker, City Clerk.
H:~NOTlCES~n-rezoRol~'tsRd(081902).wpd
Note to Publisher:
Please publish twice in The Roanoke Times on Friday, August 2, 2002, and again on Friday,
August 9, 2002.
Send Publisher's Affidavit to:
Send Publisher's Bill to:
Mary F. Parker, City Clerk
Noel C. Taylor Municipal Building
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Daniel F. Layman, Jr., Attorney
Woods, Rogers & Hazlegrove, P. L. C.
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 983-7653
H:~Public Headngs,02\affdv.bill.to.page (Goodlatte).wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
RECEIVED
-CI~¥-CL~,~.%
DANIEL F. LAYMAN,
P. O. BOX 14125
ROANOKE VA 24038
JR
REFERENCE: 80038338
01958165 Roberts Road
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
inia. Sworn and subscribed before me this
day of August, 2002. Witness my hand and
official seal. ~N
M y c o m m i s s i o n e x p i r e s ~ _~.3__~ZC~_~_.
PUBLISHED ON: 08/02 08/09
TOTAL COST: 217.36
FILED ON: 08/09/02
'02 AUG12 P3:48
Af~ 'Vll 04' Cft~pter 36.1,
U.g?i), n n,m~l,d, the ~-
Authorized
Signature:
, 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@¢i.roanoke.va, us
July 31, 2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Daniel F. Layman, Jr., Attorney
Woods, Rogers & Hazlegrove, P. L. C.
P. O. Box 12125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 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., on the request of Cape Town, L.C. and Steven W. Morris, requesting that two tracts
of land located on the southwest side of Roberts Road, S. W., described as Official Tax
Nos. 1290211 and 1290212, be rezoned from RS-3, Residential Single-Family District, to
C-1, Office District, subject to certain conditions proffered by the petitioners.
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 August 19
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy 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 31,2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Horace Fralin, LLC
P. O. Box 20069
Roanoke, Virginia 24018
Shih Lo Hsing, et al
410 Willow Oak Drive, S. W.
Roanoke, Virginia 24014
Mr. and Mrs. Charles Mason
915 Beechwood Drive, S. W.
Roanoke, Virginia 24014
Ladies and Gentlemen:
John Hall
919 Beechwood Drive, S. W.
Roanoke, Virginia 24014
Mr. and Mrs. Charles B. Helms
2951 Roberts Road, S. W.
Roanoke, Virginia 24014
Carilion Services, Inc.
213 South Jefferson Street, Suite 720
Roanoke, Virginia 24011
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
August 19, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Coun~;il Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S. W., on the request of Cape Town, L.C. and Steven W. Morris, requesting that two tracts
of land located on the southwest side of Roberts Road, S. W., described as Official Tax
Nos. 1290211 and 1290212, be rezoned from RS-3, Residential Single-Family District, to
O-1, Office District, subject to certain conditions proffered by the petitioners.
The City Planning Commission is recommending that Council approve the request for
rezoning. 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.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
~RY F. PARKER, CMC
City CIc~
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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
July 31,2002
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a fourth amended petition received in the City Clerk's Office on
July 29, 2002, from Daniel F. Layman, Jr., Attorney, representing Cape Town, L. C. and
Steven W. Morris, requesting that two tracts of land located on the southwest side of
Roberts Road, S. W., described as Official Tax Nos. 1290211 and 1290212, be rezoned
from RS,3, Residential Single-Family District, to C-1, Office District, subject to certain
conditions proffered by the petitioners.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
SMM:mh
Enclosures
Hr~Rezonings - Street. Alley Closings.02\Cape Town. Morris. Rezoning. fourth amended.wpd
Robert B. Manetta
July 31,2002
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, P. L. C., P. O. Box
12125, Roanoke, Virginia 24038-4125
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning. Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:LRezonings - Street. Alley Closings.02\Cape Town. Morris. Rezoning.fourth amended.wpd
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
~EC£tVED
TO WHOM IT MAY CONCERN: °02 diJ/_ -2 all :38
The City of Roanoke Planning Commission will hold a public hearing on Thursday, July 18,
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 Cape Town and Steven Morris, represented by Dan Layman, that property
located at 2918 and 2924 Roberts Road, S.W., bearing Official Tax Nos. 1290211 and
1290212, be rezoned from RS-3, Residential Single Family District, to C-l, Office
District, such rezoning to be subject to certain conditions proffered by the petitioner.
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, July 2 and 9, 2002.
Please bill
Daniel F. Layman, Jr,
Woods, Rogers & Hazlegrove, PLC
P O Box 12125
Roanoke, VA 24038-4125
(540) 983-7600
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 THE REZONING REQUEST OF:
Cape Town, LC and Steven Morris for property at )
2918 and 2924 Roberts Road, S.W., Tax Nos. 1290212 )
and 1290211 from RS-3 to C-1, conditional ) 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
19th day of June, 2002, notices of a public hearing to be held on the 18th day of July,
2002,on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Parcel Owner's Name
1290218 Horace Fralin, LLC
1290213 Shih Lo Hsing et al
1290206 Charles & Paula R. Mason
1290205 John Hall
1290210
Charles B. and Christine J. Helms
Carilion Services, Inc.
1280602
Mailing Address
P O Box 20069
Roanoke, VA 24018
410 Willow Oak Drive
Roanoke, VA 24014
915 Beechwood Drive
Roanoke, VA 24014
5520 Eveningwood Lane
Roanoke, VA 24019
919 Beechwood Drive
Roanoke, VA 24014
18 Woodrum Field
Roanoke, VA 24012
2951 Roberts Road, SW
Roanoke, VA 24014
213 S. Jefferson Street
Suite 720
Roanoke, VA 24011
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia' this 19th day °f June' 20~ ~,t--~~ ,4,~~
~ Notary Public "~ I
My Commission Expires: (~]~,.0. ~1~1 ~_.)~
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
June 6,2002
File #51
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 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a third amended petition received in the City Clerk's Office on
June 6, 2002, from Daniel F. Layman, Jr., Attorney, representing Cape Town, L. C. and
Steven W. Morris, requesting that two tracts of land located on the southwest side of
Roberts Road, S. W., described as Official Tax Nos. 1290211 and 1290212, be rezoned
from RS-3, Residential Single-Family District, to C-1, Office District.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
N:\CKMH1LRezoning.02.(remove acting)xCape Town. Moms. Rezoning.third amended.wpd
Robe~ B. Manetta
June 6,2002
Page 2
pc~
The Honorable Mayor and Members of the Roanoke City Council
Daniel F. Layman, Jr., Attorney, Woods, Rogers & Hazlegrove, P. L. C., P. O. Box
12125, Roanoke, Virginia 24038-4125
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMH 1LRezoning.02.(remove acting)\Cape Town. Morris. Rezoning.third amended.wpd
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
In re:
Rezoning of Two Tracts of Land )
Located on the Southwest Side of )
Roberts Road, comprising )
(1) the lot bearing Official Tax No. )
1290212 and (2) the lot bearing )
Official Tax No. 1290211, from )
RS-3, Residential Single-Family )
District, to C-l, Office District )
THIRD
AMENDED
PETITION
TO REZONE
OF
CAPE TOWN, LC and
STEVEN W. MORRIS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
(1) Petitioners Cape Town, LC and Steven W. Morris (who is a member in Cape
Town, LC) are the owners of two tracts of land in the City of Roanoke located on the southwest
side of Roberts Road, near its intersection with Franklin Road, SW, bearing, respectively, City of
Roanoke Official Tax Nos. 1290212 and 1290211. A portion of City Appraisal Map Number
129 showing these parcels is attached to this petition as Exhibit A.
(2) Both of these lots are presently zoned RS-3, Residential Single-Family District.
(3) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
petitioners request that the above-described parcels be rezoned from RS-3, Residential Single-
Family District, to C-1, Office District, subject to the conditions set forth in paragraph (6) below.
RKE# 0733833.WPD-
(4) The subject lots are just behind (northwest of) commercially-zoned and -used
properties along the Franklin Road frontage and just across Roberts Road from a large
commercially-zoned tract now owned by Carilion Services, Inc., which is the site of Carilion's
new central laundry and kitchen facilities, a 24-hour per day, 7-day per week operation. Both
lots are substantially impacted by these adjacent commercial uses, and their desirability for
residential use is accordingly materially reduced. Petitioners believe that the requested zoning
change will afford an opportunity for use of these lots in a manner more consistent with their
immediate surroundings and will at the same time allow them to continue serving as a buffer
between the adjacent intensive commercial uses and the remainder of the residential
neighborhood to the northwest.
(5) Presently there is a single-family home on each of the lots. Petitioners have
substantially improved each of these homes. Attached to this petition as Exhibit B are plats of
each lot showing the existing homes and the drives and parking areas serving each.
(6) Petitioners hereby proffer and agree that if these two properties are rezoned as
requested, the rezoning will be subject to, and each of the petitioners will abide by, the following
conditions:
(a) With the exception of ordinary maintenance and the addition of any ramps or
other similar structures as may be necessary to satisfy the requirements of applicable laws such as
the Americans with Disabilities Act, the exteriors of the residential structures presently located
RKE# 0733833.WPD- 2
on both of these lots will remain the same as they are on the date of this petition, without material
exterior modification or addition.
(b) Neither of the properties, nor any part of either of them, shall be used as a
trade or vocational school of an industrial nature, medical clinic, medical office, or funeral home.
(7) Attached to this petition as Exhibit C is a list of the names and addresses of the
owners of all lots immediately adjacent to or across a street from the property to be rezoned,
together with the Official Tax Number of each lot.
WHEREFORE, petitioners request that the parcels bearing City of Roanoke Official Tax
Nos. 1290211 and 1290212 be rezoned from RS-3 to C-l, with conditions, in accordance with
the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted by petitioners this 6 -{L day of June, 2002.
Its Manager
RKE# 0733833.WPD- 3
Daniel F. Layman, Jr.
Woods, Rogers & Hazlegrove, P.L.C.
P. O. Box 14125
Roanoke, VA 24038-4125
(703) 983-7653
Of Counsel for the Petitioners
RKE# 0733833.WPD-
ZONING
354
COMM. #
RS%. Ne.
CHI. o ·
PLAT
.... A C~.NTRAL N.E. ~0RTI0~ 0F ~CT I- ACSAL,c[~ INC;~'
'BOUND~D AS SHO'~t4 ~X~0~ ~T L0~ .B, .10, lB, AND Ig-BLOCK I~P OF~B~xwO0~,
~,~OANO~.-
];~ By: C. B. Malcolm & Son
~*/
N OTE-:'5 ~r. p
REALT"f
n~ IN 6 · P'Ko Prr. RTY OF
OF-TRACT 1.- Ac.~
LEGEND
O IRON PIN SET
· IRON PIN FOUND
THIS ~S TO CERTiI~y THAT AN N:TUAL FIELD SURVEY OF THE PREMISES SHOWN HEREON HAS BEEN
PERFORMED UNDER MY SUPf'R'vlSION; THAT Al.L IMPROM[MENTS AND VISIBLE [~qO[NC[ OF ~[WEN"rS AR[
SHOWN HEREON, ANO THAT THERE ARE NO ENCROACHMENTS E~f IMPROVEMENTS EITHER FROM ~OINING
PREMISES OR FROM SUBJECT PREMISES OTHER THAN SHOWN HER[ON. THIS SUR'~-'Y WA_~ PERFORMED
W1THOUT TH[ BENEFIT OF .A TITLE REPORT ANO IS SUBJECT TO INFORMATION WHICH MAY BE DISCLOSED BY
SUCH. PROPERTY IS' IH I~.E.Mj~ DEFINED ZONE X UNS~AOED.
(07 J
0
Lot 9 ~''
~FRANKLIN RD.
UTILITY ~ S66'32'00"E
POLE
ROBERTS ROAD.
//29
68.50'
p/w
EXHIBIT C
Petition of Cape Town, LC and Steven W. Morris
Adjacent Property Owners
Tax Number
1290218
1290213
1290206
1290205
1290210
1280602
Owner
Horace Fralin LLC
P. O. Box 20069
Roanoke, VA 24018
Shih Lo Hsing et al.
410 Willow Oak Dr.
Roanoke, VA 24014
Charles T. and Paula R. Mason
915 Beechwood Dr.
Roanoke, VA 24014
John Hall
919 Beechwood Dr.
Roanoke, VA 24014
Charles B. and Christine J. Helms
2951 Roberts Road
Roanoke, VA 24014
Carilion Services, Inc.
213 South Jefferson St.
Roanoke, VA 24011
RKE# 0733833.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@ci.roanoke.va.us
May 23, 2002
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
Daniel F. Layman, Jr., Attorney
Woods, Rogers & Hazlegrove, P. L. C.
P. O. Box 12125
Roanoke, Virginia 24038-4125
Dear Mr. Layman:
A public hearing on the request of Cape Town, L.C., and Steven W. Morris to rezone two
tracts of land located on the southwest side of Roberts Road, S. W., identified as Official
Tax Nos. 1290212 and 1290211, from RS-3, Residential Single Family District, to C-1,
Office District, subject to certain conditions proffered by the petitioners, was before the
Council of the City of Roanoke at a regular meeting which was held on Monday,
May 20, 2002.
On motion, duly seconded and adopted, the matter was referred back to the City Planning
Commission for further study, report and recommendation to Council.
Sincerely,
~. Parker, CMC
City Clerk
MFP:mh
pc:
Horace Fralin, LLC, P. O. Box 20069, Roanoke, Virginia 24018
Shih Lo Hsing, et al, 410 Willow Oak Drive, S. W., Roanoke, Virginia 24014
Ms. Cynthia A. Mason, 915 Beechwood Drive, S. W., Roanoke, Virginia 24014
Mr. John Hall, 915 Beechwood Drive, S. W., Roanoke, Virginia 24014
Mr. and Mrs. Charles B. Helms, 2951 Roberts Road, S. W., Roanoke, Virginia
24014
Carilion Services, Inc., 213 South Jefferson Street, Roanoke, Virginia 24011
Steven W~ Morris, Member, Cape Town, L. C., 3128 Allendale Street, S. W.,
Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Willard N. Claytor, Director, Office of Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
i-i:~Asenda. O2XlVlay 20, 2002 con'espondence (pan II).wpd
WILLIAM M. HACKWORTH
CITY ATTORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011 - 1595
TELEPHONE: 540-853-2431
FAX: 540-853-1221
E-MAIL: cityatty~ci.roanoke.va.us
ELIZABETH lC DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
CAROLYN H. FURROW
ASSISTANT CITY ATTORNEYS
May 20, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Rezoning - Cape Town, L.C., and Steven W. Morris
Dear Mayor Smith and Members of Council:
In anticipation of this matter being considered by Council on May 20, 2002, I sent a
letter to you bearing that same date. In that letter, I opined that the provisions of §62(5) of
the City Charter had been met in that all of the owners of two (2) of the subject eight (8)
properties, Cynthia A. Mason (Official Tax No. 1290206) and Charles and Christine J. Helms
(Official Tax No. 1290210), had signed the petition opposing the rezoning, and that,
accordingly, five-sevenths of all of the members of the Council would be needed to concur in
the rezoning, if the rezoning was to be effective.
On May 16, 2002, after the above-referenced letter was sent to you, Mr. Daniel F.
Layman, Jr., counsel for the Petitioner, forwarded to my office a copy of a deed indicating
that Cynthia A. Mason had transferred her ownership of Official Tax No. 1290206 to another
party. As a result of that transfer, all of the owners of only one (1) lot, Charles and Christine
J. Helms (Official Tax No. 1290210), have signed the petition opposing the rezoning.
Charles and Paula Mason, the new owners of Official Tax No. 1290206, have not, as far as I
know, signed the petition opposing the rezoning.
In light of this most recent development, the provisions of §62(5) have not been met in
that all of the owners of only (1) of the subject eight (8) properties have signed the petition
opposing the rezoning. Accordingly, only a simple majority of the members of the Council
present and voting will be needed to concur in the rezoning, if the rezoning is to be effective.
Honorable Mayor and Members
of City Council
May 20, 2002
Page 2
I would be pleased to respond to any question that the members of Council may have
with regard to this matter.
Very truly yours,
William M. Hackworth
City Attorney
WMH/SJT:s
CC.'
Darlene L. Burcham, City Manager
Robert K. Bengtson, Director of Public Works
Wanda Reed, Acting Chief, Planning & Community Development
Evelyn Dorsey, Zoning Administrator
Daniel F. Layman, Jr., Attorney for the Petitioner
Steven W. Morris, Member, Cape Town, LC
H:hLTRS TO COUNCIL - S.FI'XlqIVhMCC-FIVESEVENTHS2(CAPETOWN)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
August 21,2002
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant 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,
August 19, 2002, a public hearing was held on the request of Franklin Road, L.L.C., that
a 0.717 acre portion, more or less, of excess right-of-way of Franklin Road that adjoins
Official Tax No. 1300101, be permanently abandoned, vacated, discontinued and closed,
to the extent that the City of Roanoke has any legal interest in said public right-of-way.
The abovereferenced request was denied, with five Members of Council voting to deny the
request and two Members of Council voting in support of the request.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
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., 05 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
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Rolanda A. Johnson, Assistant City Manager for Community Development
Willard N. Claytor, Director, Real Estate Valuation
H:L&genda.02'~August 19, 2002 correspondence.wpd
Steven S. Strauss, Manager
August 23, 2002
Page 2
pc;
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
N:\CKMHl~genda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
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, 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 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
August 19, 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 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 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 fight-of-way, together with the fight of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such fight to include the fight 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 fight-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 at prior to receiving all required approvals of the
subdivision plat referenced in the previous paragraph, the applicant shall give to the
Treasurer for the City of Roanoke a certified check or cash in the amount of
.($ [ 5'~t- ) 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.
3
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 FURTHER ORDAINED that the closure shall be conditioned upon the
applicant, or its successor or successors in interest, retaining and maintaining a t~oot
wide vegetative buffer in its natural, undisturbed state, from the rear property lines of Official
Tax Map Nos. 1300117, 1300102, 1300103, 1300104, 1300105, 1300106, 1300109,
1300110, 1300111, 1300113, and 1300114, toward Franklin Road, S.W., and no certificate of
occupancy, temporary or permanent, may be issued for Official Tax No. 1300101, unless and
until this condition is satisfied.
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.
ACCEPTED and EXECUTED by the undersigned this day of
., 20
ATTEST:
By (Seal)
STRUCTURE DESIGN/BUILD, LLC
Its Its
COMMONWEALTH OF VIRGINIA
§ To-Wit:
this
The foregoing instrument was acknowledged before me in my jurisdiction aforesaid
__ day of ,20 , by , the
., of Structure Design/Build, LLC.
My Commission expires:
Notary Public
H:\ORD1NANCES\O-STCLOS-FRANKL1N RD081902.DOC 5
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 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: Petition to close portion of
Franklin Road right-of-way
Upon the City Council's July 15, 2002 continuance on the petition to close a
portion of the Franklin Road right-of-way, staff worked with the petitioner to
address various questions and concerns raised by the Council. The following
outlines the result of those staff consultations with the petitioner.
Piping of the open stream adjacent to the right-of-way: The drainage
system both to the north and south of this site is currently piped. As
part of any subsequent development plan for this site, the Department
of Engineering would review the proposal to ensure that the piping of
this portion is of a size sufficient to properly handle flows coming from
upstream and providing proper transition to existing piping further
downstream.
Consideration of future Franklin Road Greenway: While in its
conceptual form, there has been no determination as to which side any
future greenway along Franklin Road might utilize. The development
of this site would result in new curb, gutter, and sidewalk along the
Franklin Road frontage where none exists today, and would provide a
similar amount of pedestrian walking area as is currently found on
existing developed sites north and south of this site on the east side of
Franklin Road. Therefore, future greenway or pedestrian way
development would not be precluded, but in fact, enhanced, on the
east side of the street with the development of this property.
o
Development conditions related to slopes: The applicant has
presented three conditions to which he is willing to commit at this time
regarding the slope/cut of the hill to the rear of the property.
There will be no natural/vertical cuts in the terrain of the parcel. All
land will either be graded or sloped as geotechnical conditions
warrant.
bo
A 10-foot buffer from the rear property line will be retained whereby
a minimum of 10 feet of land will remain in its natural undisturbed
state, measured from the property line and extending westwardly
toward Franklin Road.
Co
Resulting slopes will be re-established with permanent vegetation
on all graded areas left unpaved or undeveloped, unless exposed
rock results from the cutting into the hill at the rear of the property.
(This condition would apply as a result of any development of the
site as a part of the City's development plan approval process).
Staff does not feel that these conditions, as currently proposed, give sufficient
assurances regarding the range of potential slope percentages that could
result on the site as an outcome of the vacated right-of-way being added to
the site area, which was the basis of the City Council members' inquiry at
your July 15th meeting. More detailed geotechnical analysis would have to be
undertaken by the applicant to begin to identify the range of slope
percentages that would result from the development of this property either
with, or without, the vacated right-of-way being made a part of the site.
Value of right-of-way: $15,000.00 had been previously identified as
the contributory value for the closure of this right-of-way. The
petitioner has indicated a willingness to provide payment of a
significantly lesser sum of approximately $7,800.00.
Recommendation:
As City Council will recall, the property, by right, is properly zoned to be
developed without the street closure. Some of City Council's issues/concerns
regarding the development of the property have been addressed in responses
noted above.
While insufficient information has been provided by the applicant to address in
total the post-development range of resulting slope conditions that might result
on the property if the right-of-way were to be vacated, the ability to apply at a
minimum, condition 3(b) above, to a street closure approval, would potentially
provide a better buffering relationship to the top of the hill than otherwise would
happen if the street closure were denied, and the property developed as a matter
of right. Therefore, staff can support closure of the portion of the right-of-way
with this condition.
Sincerely,
Darlene L. Burcham
City Manager
DLB:RBT:sm
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Brian Townsend, Director of Planning, Building and Development
CM02-0198
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Monday,
August 19, 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 hearing, contact the City Clerk's Office, 853-2541, by
Thursday, August 15, 2002.
GIVEN under my hand this 2nd day of august ,2002.
Mary F. Parker, City Clerk.
H:\NOTICES'~q-CLOSEALLEYFRANKL1NRD-PH-080202. DOC
Note to Publisher:
Please publish twice in The Roanoke Times on Tuesday, August 6, 2002, and again on Tuesday,
August 13, 2002.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
Noel C. Taylor Municipal Building
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
N:\CKb{H BPublic Hearings,02~affdv.bill.to,page. Parker, wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
..................................................
MARY F. PARKER, CITY CLERK
215 CHURCH AVENUE, SW,
ROOM 456
ROANOKE VA 24011
REFERENCE: 80000809
01960955
Public Notice
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 August, 2002. Witness my hand and
offt .
~L--~ _.~____________--~__ ..... Notary Public
~ ~ S~~' expires ~ ~ ~ ·
PUBLISHED ON: 08/06 08/13
TOTAL COST:
FILED ON:
200 .64
08/14/02
Authorized
Signature:__3~
, Billing Services Representative
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21, 2002
File #166-207-373-553
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. 36046-081902 accepting the bid of Warehouse Row,
L.P., to lease, renovate and equip certain City owned buildings located at 117 and 119
Norfolk Avenue, S. W., (Buildings) for a term of 40 years, upon certain terms and
conditions, and authorizing the City Manager to execute such Lease Agreement, which will
also provide for the lease of or otherwise providing for parking spaces on property owned
by the City and located at 117 - 123 Salem Avenue, S. W.; authorizing the City Manager
to execute a further agreement among the City, Warehouse Row, L. P. (WR), Warehouse
Row, L.L.C., as General Partner (GP), Warehouse Row Lending, L.L.C. (WRL), Carilion
Health System (Carilion), and Roanoke Valley Development Corporation (RVDC) and/or
other parties as may be necessary, that will provide for a recapture of the investment to be
made by some or all of such parties in connection with the lease, renovation and equipping
of the Buildings, and which agreement will include a provision for the possible future sale
of the Buildings; 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
H:XAgenda.02XAugust 19, 2002 correspondence.wpd
Darlene L. Burcham, City Manager
August 22, 2002
Page 2
pc:
Wilburn C. Dibling, Jr., Attorney, Gentry Locke Rakes & Moore, P. O. Box 40013
Roanoke, Virginia 24022-0013
Brian J. Wishneff, Manager, Warehouse Row, L.P., 213 South Jefferson Street,
Suite 1010, Roanoke, Virginia 24011
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director of Economic Development
H:',Agenda.02kAugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
No. 36046-081902.
AN ORDINANCE accepting the bid of Warehouse Row, L.P., to lease, renovate and
equip certain City owned buildings located at 117 and 119 Norfolk Avenue, S. W., (Buildings)
for a term of 40 years, upon certain terms and conditions, and authorizing the City Manager to
execute such a Lease Agreement, which will also provide for the lease of or otherwise providing
for parking spaces on property owned by the City and located at 117 - 123 Salem Avenue, S.
W.; authorizing the City Manager to execute a further agreement among the City, Warehouse
Row, L. P. (WR), Warehouse Row, L.L.C., as General Partner (GP), Warehouse Row Lending,
L.L.C. (WRL), Carilion Health System (Carilion), and Roanoke Valley Development
Corporation (RVDC) and/or other parties as may be necessary, that will provide for a recapture
of the investment to be made by some or all of such parties in connection with the lease,
renovation and equipping of the Buildings, and which agreement will include a provision for the
possible future sale of the Buildings; authorizing the City Manager to take such further action
and to execute such further documents as may be necessary to implement and administer such
lease and/or agreements; and dispensing with the second reading by title 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, renovate and equip the Buildings; and
WHEREAS, the City advertised a public hearing to be held on any such bids received,
which hearing was held on July 1, 2002, and July 15, 2002, and continued generally at those
times; and
1
H :'uM EA SURES\O-WAREHOU SEROW ACCEPTANCE. 1 .doc
WHEREAS, on July 1, 2002, WR submitted a bid to the City for leasing, renovating and
equipping the Buildings, and no other bids were made to the City for such purposes; and
WHEREAS, the matter was referred to the City Manager for evaluation and negotiation
with the bidder (WR) as to the terms and conditions for a lease and/or agreement; and
WHEREAS, negotiations between the City Manager and WR have resulted in drafts of a
Lease Agreement and a Recapture of Investment Agreement, the latter of which includes four
additional parties required for WR's financing of the project; and,
WHEREAS, the City Manager recommends that Council accept the bid of WR and
approve the execution of the two agreements mentioned above, which are attached to the City
Manager's letter to Council dated August 19, 2002; and
WHEREAS, the City advertised on August 12, 2002, a public hearing to be held on
August 19, 2002, for consideration of awarding a lease and/or agreement between the City and
Warehouse Row L. P. (WR) and that the City would also consider the possible lease of all or part
of City owned property located at 117 - 123 Salem Avenue, S. W., Official Tax Map Nos.
1010409, 1010410 and 1010411 for use as parking spaces, in connection with such lease of the
Buildings, for an initial term of five years; and
WHEREAS, Council held a public hearing on these matters at its meeting on August 19,
2002, at which all persons were accorded a full and fair opportunity to comment on such matters.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as
follows:
City Council concurs in the City Manager's recommendation and that the
acceptance of WR's bid and the award of a lease to WR, subject to the terms negotiated by the
2
H:hM EA SURE S\O-WAREHOUSEROWACCEPTANCE. 1 .doc
City Manager, and authorizing the City Manager to execute a Lease Agreement and Recapture
of Investment Agreement, substantially similar to the ones attached to the abovementioned City
Manager's letter, will be in the best interest of the City in connection with attempting to develop
the Buildings and promoting economic development in downtown Roanoke.
2. City Council accepts the bid of Warehouse Row, L.P., subject to the terms
negotiated by the City Manager, to lease, renovate and equip the City owned buildings located at
117 and 119 Norfolk Avenue, S.W., for a period of 40 years, upon WR's commitment to
provide for an investment of approximately $1.7 million in renovations to and equipping of 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 agrees to, is hereby ACCEPTED,
and Council hereby makes such award of a Lease Agreement to Warehouse Row, L.P., which
also includes providing parking spaces, with the number of parking spaces to be determined by
the parties, on all or part of City owned property located at 117 - 123 Salem Avenue, S. W.,
Official Tax Map Nos. 1010409, 1010410, and 1010411, to WR or its sublessees for use as
parking spaces, in connection with the lease of the Buildings, for an initial term of five years,
upon such terms and conditions as the City Manager agrees to and deems appropriate.
3. The City Manager and the City Clerk are authorized to execute and attest,
respectively, a Lease Agreement between the City and Warehouse Row, L. P., as mentioned
above and as further set forth in the above-mentioned City Manager's letter to this Council.
4. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, a Recapture of Investment Agreement among the City, Warehouse Row, L. P.,
Warehouse Row, L.L.C., as General Partner, Warehouse Row Lending, L.L.C., Carilion Health
3
H:'~M EA SURES\O-W AREHOUSEROW ACCEPTANCE. 1 .doc
System and Roanoke Valley Development Corporation and/or other parties as may be necessary,
upon such terms and conditions as the City Manager may deem appropriate and agree to, and
which Agreement is necessary for WR's financing of the project, and which Agreement provides
for the possible sale of the Buildings upon the request of certain of the parties.
5. The form of the Lease Agreement and the Recapture of Investment Agreement
mentioned above will be approved by the City Attorney and such Agreements will be
substantially similar to the ones attached to the abovementioned City Manager's letter.
6. The City Manager is authorized to take such further action and/or execute such
additional documents as may be necessary to implement and administer each of the various
agreements mentioned above.
7. 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:'¢4 EASURES\O-WAREHOUSEROWACCEPTANCE. 1 .doe
4
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 19, 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: Public Hearing to Consider and
Authorize Lease of City Owned Property
Identified as 117-119 Norfolk Avenue
and to provide City Owned Parking
Spaces located at 117-123 Salem
Avenue
Background:
The City of Roanoke currently owns two buildings, identified as 117 and 119 Norfolk
Avenue, along the Warehouse Row area of Downtown Roanoke. A public hearing was
held on July 1,2002, and July 15, 2002, and continued generally, and a public hearing
was advertised for August 19, 2002, concerning the possible acceptance and award of
a bid submitted by Warehouse Row, L.P. for the lease, renovation, and equipping of
117 and 119 Norfolk Avenue so that such buildings may be used for sub-leases by
tenants which may create tax revenues for the City and enhance economic
development of the area.
Warehouse Row, L.P. was the only entity to submit a bid to the City on July 1,2002, to
lease, renovate and equip such City buildings. The matter was referred to the City
Manager and after further negotiations, the City Manager and Warehouse Row, L.P.,
reached agreement on the terms of a Lease Agreement and a Recapture of Investment
Agreement.
The term of the Lease shall be for forty years, whereby Warehouse Row, L.P. shall pay
to the City the sum of one dollar per year. In addition to the lease of the Buildings, the
City of Roanoke shall provide parking spaces to be determined by the parties, located
on all or part of City owned property located at 117-123 Salem Avenue S.W., Official
Tax Map Nos. 1010409, 1010410, and 1010411, to Warehouse Row, L.P. for use as
parking spaces, in connection with the lease of the Buildings, for an initial term of five
years. Warehouse Row L.P. shall expend approximately $1,700,000 in making
permanent improvements and in equipping the Buildings. Warehouse Row, L.P. will
operate and manage the Property, at its sole cost and expense, as high quality
commercial space suitable for use by technology companies.
In order to help finance the above lease, Warehouse Row, L.P. needs to have a
Recapture of Investment Agreement among the City, Warehouse Row, L.P.,
Warehouse Row, L.L.C., Warehouse Row Lending, L.L.C., Carilion Health System, and
the Roanoke Valley Development Corporation. After five years from when the Property
has been placed in service, any member of Warehouse Row L.L.C., defined as Carilion
Health System and / or The Roanoke Valley Development Corporation, may elect to sell
its membership interest in the Property. Upon the request for sale of the membership
interest, the City or its Designee shall first have the right to purchase such interest,
which is defined as the initial and subsequent 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. If the City does not execute its right to purchase such membership
interest, Warehouse Row L.L.C. shall have the exclusive right to sell the property to
another purchaser. The sales proceeds will be distributed as follows:
a. First, to repay Warehouse Row L.L.C. interest / investment.
bo
In the event of any excess over the LLC investment, such excess will be
applied to the City's original purchase price of the Property ($636,000).
c. In the event the final purchase price plus the LLC investment noted in (b)
immediately above also exceeds the $636,000 original purchase price of
the City, any excess over that amount will be distributed 1/3 to the City,
1/3 to Carilion and 1/3 to the Roanoke Valley Development Corporation.
The Lease is attached as Attachment (A) and the Recapture of Investment Agreement
is attached as Attachment (B).
Recommended Action:
Following the public hearing, accept the bid of Warehouse Row, L.P. and approve the
execution, and authorize the City Manager to execute both a Lease agreement between
the City of Roanoke and Warehouse Row, L.P. and a Recapture of Investment
Agreement among the City of Roanoke, Warehouse Row, L.P., Warehouse Row L.L.C.,
Warehouse Row Lending, L.L.C., Carilion Health System, and the Roanoke Valley
Development Corporation. Such agreements shall be substantially similar to the ones
attached to this letter and approved as to form 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:clw
Attachments
C~
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Elizabeth A. Neu, Director of Economic Development
CM02-00197
LEASE AGREEMENT
THIS LEASE AGREEMENT, is made and entered into this __ day of .,
20__, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth
of Virginia, (the "City"), and WAREHOUSE ROW, L.P., a limited partnership organized under
the laws of the Commonwealth of Virginia ("WR");
WITNESSETH:
WHEREAS, WR was organized for the purpose of rehabilitating and equipping (the
"Project") and operating the buildings known commonly as the Warehouse Row Buildings,
located at 117 and 119 Norfolk Avenue, SW, which are owned by City, as more particularly
described on Exhibit A hereto (the "Property"), for use as commercial space suitable for leasing
space to technology businesses; and
WHEREAS, City owns certain parking spaces which are located in front of the Property
on Salem Avenue, SW, as more particularly defined on Exhibit B hereto (the "Spaces"),
WHEREAS, City Council has, by ordinance adopted 2002, approved the
lease of the Property and the use of the Spaces by WR and others, on the terms provided for
herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants,
agreements, obligations and undertakings herein contained, City and WR hereby covenant and
agree as follows:
§ 1. TERM
ending on
The term of this Lease shall be for forty years, beginning on
(the "Term").
and
§2. RENTAL AMOUNT
In consideration of its lease of the Property, WR shall pay to City the sum of one
dollar per year, payable beginning on or before the beginning date.
§3. ARCHITECTURAL AND ENGINEERING SERVICES
WR shall procure architectural and engineering services for the Project and shall
enter into a professional services contract for all phases of the Project. Development and
approval of conceptual plans for the renovation and rehabilitation of the Property (the "Plans")
shall be completed in consultation with City's Director of Economic Development (the
"Director") at the 25%, 50%, 75%, and 100% planning stages. In the event the Director does not
provide written objection to the Plans within 10 business days of being provided with the Plans
HSAMISC\LEASEAGREEMENT-WR.081502.final.DOC 1
(such Plans to be provided at the intervals provided for in the immediately preceding sentence), it
will be conclusively determined that City has approved the Plans at such interval. If the Director
provides written objection to the Plans during the required 10 business day period, design work
on the Project will cease until the Director approves the Plans, such approval not to be
unreasonably withheld. The Plans shall be approved by the City's Architectural Review Board
to the extent required by the City's Zoning Ordinance.
§4. CONSTRUCTION CONTRACT
WR shall procure a licensed, experienced contractor (the "Contractor) to
rehabilitate the Property into first-class commercial space, with improvements which will
include, by way of example and not of limitation, installing, constructing, replacing, andJor
repairing the electrical system, mechanical system, heating and air conditioning systems, roof,
telecommunications backbone infrastructure, natural gas, telephone systems, floors, walls, and
elevators. Construction shall commence not later than one year from the beginning of the Term.
WR shall expend approximately $1,700,000 in making permanent improvements and in
equipping the building. The parties intend that WR will complete the Project by September 1,
2003, but in any event WR will complete the Project within 24 months of the beginning of the
Term, and will receive a permanent certificate of occupancy within 26 months of the beginning
of the Term.
In addition to all other provisions deemed necessary by WR, the construction
contract (the "Construction Contract") shall contain the following provisions:
(1) Security Provisions
Within ten consecutive calendar days after the award of the Construction
Contract, the Contractor shall furnish WR a Performance Security and Labor and Material
Payment Security, each in the amount of 100% of the contract amount. The City shall be listed as
an additional obligee. The Performance Security and the Labor and Material Payment Security
shall be fumished in the form of either:
ao
Performance Bond and Labor and Material Payment Bond made payable
to WR and properly executed by the Contractor as principal and a
corporate surety authorized to transact business in the State of Virginia.
Attorneys-in-fact who execute the bonds must file with each bond a
certified copy of their Power of Attorney, or
bo
Certified Check or Cash Escrow in the face amount required for the
Performance Security and the Labor and Material Payment Security each
made payable to WR.
(2) Insurance
The Contractor shall maintain adequate builder's risk insurance to include
coverage for damages caused by fire, earthquake and flood, and also commercial general liability
H:LMMISC\LEASEAGREEMENT-WR.081502 .final.DOC 2
(at least $2 million), automobile liability (at least $2 million), workers' compensation and
employer's liability insurance. This insurance shall be in place with the Contractor until final
acceptance of the work by WR. The insured value for the building shall be the completed value
of the building including the proposed renovations. Contractor shall provide WR with a
certificate of insurance showing the type, amount, and effective date of each policy. The
certificate shall name City, its officials, agents and employees as additional insureds, except as to
workers' compensation and employer's liability coverage, which shall waive subrogation as to
WR and the City, and City shall have 30 days notice of cancellation, change or reduction in
coverage.
(3) Indemnity Provision
(i) Contractor shall indemnify and hold harmless WR and City, their
respective officers, agents, and employees against any and all liability, losses, damages, claims,
causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees
and costs of defense, resulting from or arising out of Contractor's activities or omissions,
negligent or otherwise, on the Property, including, without limitation, fines and penalties,
violations of federal, state or local laws, or regulations promulgated thereunder, personal injury,
wrongful death or property damage claims.
(ii) While on the Property and in its performance of the Construction
Contract, Contractor shall not transport, dispose of or release any hazardous substance, material
or waste, except as necessary in performance of its work under the Construction Contract and in
any event Contractor shall comply with all federal, state and local laws, rules, regulations and
ordinances controlling air, water, noise, solid wastes and other pollution, and relating to the
storage, transport, release or disposal of hazard materials, substances or waste. Regardless of
City or WR's acquiescence, Contractor shall indemnify and hold City and WR, their officers,
agents, and employees, harmless from all costs, liabilities, fines or penalties, including attorney's
fees and costs of defense resulting from any violation of this paragraph and agrees to reimburse
City or WR for all costs and expenses incurred by City or WR in eliminating or remedying such
violations. Contractor will also agree to reimburse City or WR and hold City and WR, their
officers, agents, and employees harmless from any and all costs, expenses, attorney's fees and all
penalties or civil judgments obtained against City and/or WR as a result of Contractor's use or
release of any hazardous substance or waste onto the ground, or into the water or air from or
upon the Property.
(4) Regulations and Permits
Contractor shall fully comply with all local, state and federal building and
fire codes, ordinances, laws and regulations, including without limitation all applicable sections
of the Occupational Safety and Health Act and the Virginia Uniform Statewide Building Code,
and obtain all required licenses and permits and pay all charges and expenses connected
therewith.
H:¥dVlISC\LEASEAGREEMENT-WR.081502. final.DOC 3
(5) Minority Subcontracts
Contractor, in all solicitations or advertisements for subcontractors placed
by or on behalf of the Contractor, will use its best efforts to assure minority subcontractors of an
opportunity to perform a portion of the work.
§5. INDEMNIFICATION AND RISK OF LOSS
(1) Indemnification
WR shall indemnify, defend (upon written notice by City), and hold
harmless City, its officers, agents and employees, from any and all liability, losses, damages,
claims, causes of action, suits of any nature, judgments advanced against City and for expenses
City may incur in this regard, including but not limited to attorney's fees and other costs of
defense, arising out of or resulting from WR's intentional or negligent acts or omissions with
respect to this Lease, the Project, or any alleged or actual infringement or violation of any patent,
invention, article, arrangement, or other intellectual property or apparatus, that may be used in
the performance of any work or activity arising out of the use of the Property or this Lease, either
directly or indirectly.
(2) Risk of Loss Notwithstanding anything herein to the contrary, WR shall
bear the risk of loss of or damage to Property during the Term. Notwithstanding anything herein
to the contrary, City shall not be liable for any consequential or incidental damages incurred by
WR due to any malfunction, vandalism, acts of God (including, without limitation, lightning,
wind, rain, hail, fire or storms) or any other damage xesulting from any reason.
§6. INSURANCE
WR will maintain insurance on the Property throughout the Term of the following
character and such other insurance as may be reasonably requested in writing by City:
(1) WR shall maintain a standard "all-risk" form of insurance policy, with
claims to be settled on a replacement cost basis. City shall be named as an additional insured on
all such insurance policies. The amount of such insurance shall be not less than 100% of the full
replacement cost of the improvements, furniture, furnishings, fixtures, equipment and other items
(whether personalty or fixtures) included in the Property and owned by WR from time to time,
without reduction for depreciation. The determination of the replacement cost amount shall be
adjusted annually to comply with the requirements of the insurer issuing such coverage or by
reference to such indices, appraisals or information as WR determines in its reasonable
discretion. Each policy or policies will contain inflation guard coverage ensuring that the policy
limit will be increased over time to reflect the effect of inflation. Full replacement cost, as used
herein, means, with respect to the improvements, the cost of replacing the improvements without
regard to deduction for depreciation, exclusive of the cost of excavations, foundations and
footings below the lowest basement floor, and means, with respect to such furniture, furnishings,
fixtures, equipment and other items, the cost of replacing the same. Each policy or policies shall
contain a replacement cost endorsement and either an agreed amount endorsement (to avoid the
H 5AM ISC\LEASEAGREEMENT-WR.081502.final.DOC 4
operation of any coinsurance provisions) or a waiver of any coinsurance provisions. Such
insurance may be in the form of a blanket policy provided that the policy contains an
endorsement to the effect that the coverage will not be affected by the failure to pay any portion
of the premium which is not allocable to the Property or any other action not relating to the
Property which would otherwise permit the issuer to cancel the coverage.
(2) WR will maintain Comprehensive "Commercial General Liability"
insurance against claims for personal injury, bodily injury, death and property damage occurring
on, in or about the Property, including, without limitation, coverage against so called occurrences
in amounts not less than $1,000,000 per occurrence and $2,000,000 general aggregate coverage
(umbrella coverage shall not be less than an additional $3,000,000) for bodily injury, personal
injury or death and $500,000 for property damage. This policy must contain, but not be limited
to, coverage for Property and operations liability, products and completed operations liability,
contractual liability, hired and non-owned automobile liability, personal injury liability and
property damage liability.
(3) WR will maintain insurance covering the major components of the central
heating, air conditioning and ventilating systems, boilers, other pressure vessels, high pressure
piping and machinery, elevators and escalators, if any, and other similar equipment installed in
the Property, in an amount equal to 100% of the full replacement cost thereof, which policies
shall insure against physical damage to and loss of occupancy and use of the Property arising out
of an accident or breakdown covered thereunder.
(4) WR will maintain, if the Property or any part thereof is situated in an area
identified by the Secretary of Housing and Urban Development as now having or subsequently
designated as having special flood hazards (including, without limitation, those areas designated
by the FEMA as Zone A or Zone V), flood insurance under the National Flood Insurance
Program in an amount equal to the lesser of (i) the full replacement cost of the Property or (ii)
the maximum amount of flood insurance available. The deductible under such flood insurance
shall not exceed $3,000 per building, unless a higher amount is required by FEMA or other law.
(5) WR will maintain, if the Property has legal "nonconforming" uses under
current building, zoning or land use laws or ordinances, Law and Ordinance coverage which
shall cover costs of demolition, loss to undamaged portions of the Property and increased cost of
construction.
WR shall as of the date hereof deliver to City evidence satisfactory to City that, as
of the date hereof, said insurance policies have been prepaid and copies of such insurance
policies and original certificates of insurance signed by an authorized agent evidencing such
insurance satisfactory to City. WR shall renew all such insurance and deliver to City policies
evidencing such renewals at least 15 days before any such insurance shall expire. WR further
agrees that all such insurance policies: (A) shall provide for at least 30 days' prior written notice
to City prior to any cancellation or termination thereof and prior to any modification thereof
which affects the interest of City; (B) shall contain an endorsement or agreement by the insurer
that any loss shall be payable to City in accordance with the terms of such policy
notwithstanding any act or negligence of WR which might otherwise result in forfeiture of such
insurance; and (C) shall either name City as an additional insured or waive all rights of
H :'¢dvl ISC\LEAS EAGREEM ENT-WR.081502 .final. DOC 5
subrogation against City. The delivery to City of the insurance policies or the certificates of
insurance as provided above shall constitute an assignment of all proceeds payable under such
insurance policies by WR to City as further security for the indebtedness secured hereby.
Approval of any insurance by City shall not be a representation of the solvency of any insurer or
the sufficiency of any amount of insurance. In the event WR fails to provide, maintain, keep in
force or deliver and furnish to City the policies of insurance required by this Lease or evidence
of their renewal as required herein, City may, but shall not be obligated to, procure such
insurance and WR shall pay all amounts advanced by City, together with interest thereon from
and after the date advanced by City until actually repaid by WR, promptly upon demand by City.
City shall not be responsible for nor incur any liability for the insolvency of the insurer or other
failure of the insurer to perform, even though City has caused the insurance to be placed with the
insurer after failure of WR to furnish such insurance.
§7. THIRD-PARTY CONTRACTS
WR shall name City as a third party beneficiary under all contracts related to the
Project (such as, but not limited to, the Contractor's and architect's contracts, bonds, and other
security) such that in the event WR defaults under this Lease, City shall be able to enforce WR's
contract with such third parties to complete the renovation of the building. In addition, all
subleases will permit City, in its discretion, to step into the shoes of WR as sublessor.
§8. USE OF PROPERTY AND SUBLESSEES
WR will operate and manage the Property, at its sole cost and expense, as high
quality commercial space suitable for use by technology companies. WR will make best efforts
to sublease space to technology firms which are, in WR's reasonable opinion, of reputable
quality (the "Intended Tenants"). Leases to Intended Tenants shall be reasonably flexible so as
to be accommodating and otherwise attractive to technology companies. Notwithstanding the
aforesaid, however, in the event that Intended Tenants are unavailable, WR may sublease the
Property to other parties. In any event, each sublease shall permit City, upon 30 days' written
notice, to terminate such sublease in the Event of Default (as hereinafter defined) under which
City terminates this Lease and/or re-enters the Property pursuant to section 13 hereof. All
subleases shall provide indemnification provisions related to WR, City, and their respective
officers, agents, and employees, and shall contain provisions for insurance which City's risk
manager may reasonably require. Notwithstanding anything else contained herein, nothing shall
prevent WR from subleasing the Property to a related party to operate and manage the Property,
provided that all of the terms of this section apply to the leases from such related sublessee to
such related sublessee's subtenants, and WR shall not be relieved of any of its obligations
pursuant to this Lease Agreement in such case.
§9. MAINTENANCE, REPAIR, UTILITIES, AND TAXES
(1) Maintenance
WR shall, at its own expense, maintain all parts of the Property, including all of
the systems installed pursuant to Section 4, in good repair and condition and will take all action
H:¥dvIISC\LEASEAGREEMENT-WR.081502.final.DOC 6
and will make all foreseen and unforeseen and ordinary changes and repairs which may be
required to keep the Property in good repair and condition.
(2) Repair and Replacement
WR shall be liable for and shall repair, replace and/or restore any loss or damage
of the Property caused by the acts or omissions, negligent or otherwise, of WR, or by the
negligence or intentional acts of its sublessees, guests, invitees, agents, employees, or
representatives.
(3) Utilities
WR shall pay all utilities related to the Property.
(4) Taxes
WR shall pay any and all real estate taxes and assessments levied with respect to
the Property and any and all taxes and assessments associated with WR's use of the Property
assessed by any public authority having jurisdiction, as the same may become due and payable,
during the term of this Lease. Any such taxes or assessments with respect to tax years which
extend prior or subsequent to the date of commencement or termination of this Lease shall be
prorated for the portion of such tax year that the Lease is in effect.
§10. WARRANTIES BY CITY
The Property is leased on an "as is" basis without warranties of any type, except that City
warrants and represents to WR and covenants and agrees as of the date hereof and on the
commencement of the Term that:
(1) City owns the Property, free and clear of all liens, encumbrances and other
exceptions to title, except for those matters of record or disclosed to WR.
(2) City has full right, title and authority to execute this Lease.
(3) The execution of this Lease and performance of the transaction
contemplated herein shall not conflict with or result in a breach of the terms or provisions of,
constitute a default under, or cause or allow an acceleration of, any note, mortgage, deed of trust,
loan agreement or other document, instrument, or agreement to which City is a party or by which
the Property is encumbered or affected.
(4) There are no leases or other agreements for the use, occupancy or
possession of the Property or any portion thereof presently in force.
(5) There are no condemnation or eminent domain proceedings pending or
contemplated against the Property or any part thereof.
H:LMM IS C~LEA SEAGREEMENT-WR.081502 .final. DOC 7
(6) There are no pending suits or proceedings against or affecting City or any
part of the Property which (i) do or could affect title to the Property or any part thereof; or (ii) do
or could prohibit or make unlawful the consummation of the transactions contemplated by this
Lease, or render City unable to consummate the same.
(7) All information and data furnished by City to WR with respect to the
Property is true, correct, complete and not misleading, to the best of City's knowledge.
(8) All requisite actions have, as of the date of execution hereof, been taken
by City authorizing the execution and delivery of this Lease, City's consummation of the
transaction contemplated hereby and the performance by City of City's duties and obligations
under this Lease. This Lease has been duly executed and delivered by City.
(9) To the best of City's knowledge and belief, no further approval, consent or
withholding of objection on the part of any requesting body or any federal, state or local official
is required in connection with the execution or delivery of, or compliance by City with, the terms
and conditions of this Lease.
§ 11. CONSENTS
City will, upon ten days' written notice at the request of WR, execute,
acknowledge and deliver to WR a certificate of City, stating that this Lease is unmodified and in
full force and effect (or, if there have been modifications, that this Lease is in full force and
effect as modified, and setting forth such modifications) and either stating that to the knowledge
of City no default exists hereunder or specifying each such default of which City has knowledge.
Any such certificate may be relied upon by WR or any actual or prospective assignee or
sublessee of the Property. Furthermore, and to facilitate WR's financing of the Project, City
agrees to execute such consents to the encumbrance of WR's leasehold interest in the Property as
may be requested by lenders to and investors in the Project. Notwithstanding the aforesaid,
however, any such encumbrance shall be subject to a right of City to release such encumbrance,
at no cost or expense to City, or to any other party, upon the occurrence of an Event of Default
(as hereinafter defined) which causes City to terminate this Lease or reenter the Property
pursuant to section 13 hereof. It is the express intent of the preceding sentence that City shall be
under no obligation to any party in the event the Project fails for reasons not clearly and directly
caused by the gross misfeasance or malfeasance of City. Nothing contained herein shall imply
that City approval shall be required in order for WR to sublease, assign, or encumber WR's
leasehold interest in the Property.
§ 12. EVENTS OF DEFAULT
Any of the following occurrences or acts shall constitute an Event of Default
under this Lease:
(1) if WR shall fail to observe or perform any material provision hereof and such failure
shall continue for 60 days after written notice by City to WR of such failure;
(2) if the Property shall have been left abandoned for a period of 30 consecutive days;
H:kAMISC\LEASEAGREEMENT-WR.081502.final. DOC 8
(3) if the Project is not expeditiously completed in a good and workmanlike manner, in
compliance with all the requirements of this Lease Agreement, or if WR fails to maintain all
insurance policies required to be maintained by WR hereunder; or
(4) the bankruptcy or insolvency of WR.
§ 13. TERMINATION AND REENTRY
(1) If an Event of Default shall have happened and be continuing, City shall have
the right to give WR notice of City's termination of the Lease. Upon the giving of such notice,
the Term and the estate hereby granted shall expire and terminate on such date as fully and
completely and with the same effect as if such date were the date herein fixed for the expiration
of the Term, and all rights of WR hereunder shall expire and terminate.
(2) If an Event of Default shall have happened and be continuing, City shall have
the right, whether or not the Term shall have been terminated, to reenter and repossess the
Property and the right to remove all persons and property therefrom by summary proceedings,
ejectment or any other legal action or in any lawful manner City determines to be necessary or
desirable. City shall be under no liability by reason of any such reentry, repossession or
removal. No such reentry, repossession or removal shall be construed as an election by City to
terminate the Term unless a notice of such termination is given to WR or unless such termination
is decreed by a court.
§ 14. PARKING
Not less than two month's before a permanent Certificate of Occupancy is issued
by City for the Property, WR shall provide City written notice of the number of WR's requested
Spaces (the "Requested Spaces"). The Requested Spaces shall be made available to sublessees
of the Property upon the issuance of a permanent Certificate of Occupancy and for an initial five
year term thereafter. City shall charge its established market rate per space, per month. City
shall, at its sole cost and expense, maintain the Spaces in a manner similar to the way in which it
maintains other City-owned parking. Notwithstanding anything else contained herein, and
except in the case of negligence or willful misconduct of WR, WR shall be under no obligation
to indemnify, name as an additional insured, or otherwise make any expenditure related to the
Spaces, other than to pay the rate provided for herein. After the initial five year term, City and
WR shall negotiate in good faith in an attempt to reach an agreement as to parking for the
Property which is agreeable to City and WR. The use of such spaces by WR shall be subject to
any applicable rules, regulations and procedures applicable generally to such parking. Such
requested spaces shall be made available by a license or by the issuance of parking permits as the
City deems appropriate.
§ 15. DISCRIMINATION PROHIBITED
In the performance of this Lease, the parties hereto shall not discriminate against
any contractor, subcontractor, vendor, lessee, sublessee, employee, applicant for employment or
invitee because of race, religion, color, sex or national origin, except where race, religion, color,
H:~dVlISC\LEASEAGREEMENT-WR.081502.final.DOC 9
sex or national ofigin is a bona fide occupational qualification reasonably necessary to the
normal operation of the parties hereto.
§ 16. SEVERABILITY
If any part or parts, section or subsection, sentence, clause or phrase of this Lease
is for any reason declared to be unconstitutional or invalid by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Lease.
§17. AGREEMENT TO QUIT PREMISES
WR agrees to quit the Property at the end of the term or termination of this Lease
and leave the Property and any other City property in the same condition as at the time a
permanent certificate of occupancy is issued, ordinary wear and tear excepted.
§ 18. AS SIGNMENT
WR shall not assign or transfer any fight or interest under this Lease without
City's prior written approval of such assignment and WR agrees that any such assigranent
without prior written approval of the City shall be null and void.
§ 19. NOTICE
Notice to City required by this Lease shall be sent by certified mail, return receipt
requested, to City of Roanoke, c/o City Manager, Room 364, Municipal Building, 215 Church
Avenue, Roanoke, Virginia 24011; notice to WR hereunder may be sent by certified mail, return
receipt requested, to WR, ., or at such other address as the parties
may designate in writing to the other party.
§20. HEADINGS
The paragraph captions and headings in this Lease are for convenience and
reference purposes only and shall not affect in any way the meaning or interpretation of this
Lease.
§21. BOOKS AND RECORDS
The City or its representatives shall have the fight, upon written request to WR, to
inspect, copy and/or audit the books and records of WR regarding any matters or issues relative
to or connected with this Lease. WR shall file annually with the City, within one month of the
end of each year of the term of this Lease Agreement, a written report advising of the amount of
the capital investments made in the Property, the amount expended on its maintenance and
operation, and the profit and loss from its leases.
H:LMM ISC\LEAS EAGREEM ENT-WR.081502. final.DOC 10
§22. FAITH-BASED ORGANIZATIONS
Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not
discriminate against faith-based organizations.
§23. FORUM SELECTION AND CHOICE OF LAW
By virtue of entering into this Lease, WR agrees and submits itself to a court of
competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is
controlled by the laws of the Commonwealth of Virginia and that all claims, disputes and other
matters shall be decided only by such court aceo~'ding to the laws of the Commonwealth of
Virginia.
§24. COMPLETE AGREEMENT
This Lease constitutes the final, complete and exclusive statement of the terms of
the understanding between City and WR. All terms and conditions of this Lease shall be binding
upon City and WR, their heirs, successors or assigns, and cannot be modified by any oral
representation of promise of any agent or other representative of either City or WR. This Lease
may be modified only by written instruments property executed by City and WR.
[the balance of this page is intentionally left blank]
H 5AMISC\LEASEAGREEMENT-WR.081502 .final. DOC
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by
their respective officers, as of the day and year first above set out.
CITY OF ROANOKE, VIRGINIA
By
City Clerk Title
City Manager
WITNESS:
WAREHOUSE ROW, L.P.
Printed Name and Title
By
Title
Approved as to Form:
City Attorney
Approved as to Execution:
City Attomey
Funds for this Contract Certified:
Director of Finance
Account No.
Authorizing Measure:
H :'xAM ISC\LEASEAGREEM ENT-WR.081502. final. DOC ! 2
EXHIBIT A
TO
LEASE AGREEMENT DATED ,, 2002,
BETWEEN CITY OF ROANOKE AND WAREHOUSE ROW, L.P.
LEGAL DESCRIPTION
Located in the City of Roanoke, State of Virginia:
Parcel No. 1: BEGINNING at a point on the north right-of-way line of Norfolk Avenue, S.W.
(formerly Front Street), 273.5 feet, more or less, west of the northwest comer of First Street,
S.W. (formerly Henry Street) and Norfolk Avenue, S.W., common comer of Lot 6 and Lot 7, P.
L. Terry Map, on file in the City Engineer's Office as Plan No. 1693; thence in a northerly
direction with the division line between said Lots 6 and 7 to a point on the south line of the lands
of the Norfolk and Western Railway Company; thence with the Norfolk and Western Railway
Company line in an easterly direction to a point, common comer to Lot 8 and Lot 9, P. L. Terry
Map; thence with the division line between said Lots 8 and 9, in a southerly direction to a point
on the north right-of-way line of Norfolk Avenue, S.W.; thence with Norfolk Avenue, S.W., in a
westerly direction to the place of BEGINNING; and
BEING Lots 7 and 8 as shown on the aforesaid map of the lands of P. L. Terry, and being all of
the property designated as No. 1010306 on Sheet 101 of the City of Roanoke Appraisal Map,
said land fronting approximately 50 feet on the north side of Norfolk Avenue, S.W., and
extending back in a northerly direction to the lands of the Norfolk and Western Railway
Company.
TOGETHER WITH the right, privilege and easement to use as a party wall the west wall of the
existing brick warehouse building located on the lot immediately adjoining the above-described
property on the east, for so long as that wall remains standing, said wall being situated partly on
the above-described property and partly on the said adjoining lot.
Parcel No. 2: BEGINNING at a point on the north right of way line of Norfolk Avenue, S.W.,
(fronting Front Street) 175 feet west of the northwest comer of First Street, S.W. (formerly
Henry Street) and Norfolk Avenue, S.W., the common comer of Lot 10 and 11, P. L. Terry Map;
thence in a northerly direction with said Lot 11 to a point on the south line of the lands of
Norfolk and Western Railway Company; thence with the Norfolk and Western Railway
Company line in a westerly direction to a point, common comer of Lot 8 and Lot 9, P. L. Terry
Map; thence with said Lot 8 in a southerly direction to a point on the north right of way line of
Norfolk Avenue; thence with Norfolk Avenue in an easterly direction to the place of
BEGINNING, and being Lots 9 and 10, as shown on the Map of the lands ofP. L. Terry's Front
Street property, prepared by Dunstan and Wingate Engineers, dated January, 1889; and
TOGETHER WITH the right, privilege and easement to use as party walls (1) the east wall of
the existing brick warehouse building located on the lot immediately adjoining the above
described property on west and (2) the west wall of the existing brick warehouse building located
H :'uSaM ISC\LEASEAGREEMENT-WR.081502 .final.DOC 13
on the lot immediately adjoining the above described property on the east, for so long as each or
either of said walls remains standing, each wall being situate partly on the above described
property and partly on the respective adjoining lot.
Parcel No. 3: All of New Lot 4, containing 233 square feet, more or less, and New Lot 5,
containing 237 square feet, more or less, as shown on map entitled "Plat of Survey Showing the
Subdivision of Property (16,801 S.F.) of the City of Roanoke, Being Tract 2 (16,801 S.F.),
Shown on City Engineer's Plan Numbers 6334K through 6334P, and Creating Hereon New Lot
lA (211 S.F.), New Lot (0.3 S.F.), New Lot 2 (189 S.F.), New Lot 3 (237 S.F.), New Lot 4 (233
S.F.), New Lot 5 (237 S.F.), New Lot 6 (251 S.F.), New Lot 7 (187 S.F.), Situated North of
Norfolk Avenue, S.W. Between First Street, S.W. and Second Street, S.W., and Dedicating the
Remaining 15,256 S.F. for Public Street Purposes, Situated North of Norfolk Avenue, S.W.
Between South Jefferson Street and Second Street, S.W., Roanoke, Virginia," recorded April 5,
2000, in Roanoke City Map Book 1, at pages 2077, 2078, 2079 and 2080.
HSAMISC\LEASEAGREEMENT-WR.081502 .final.DOC 14
EXHIBIT B
TO
LEASE AGREEMENT DATED ., 2002,
BETWEEN CITY OF ROANOKE AND WAREHOUSE ROW, L.P.
The property which may be used for providing some parking spaces to sublessees
of Warehouse Row, L.P., with the number of spaces to be determined by
agreement of the parties, is described as follows:
The property owned by the City and located at 117-123 Salem
Avenue, S.W., in the City of Roanoke, Virginia, Official Tax Map
Nos. 1010409, 1010410 and 1010411.
H:LMM ISC\LEASEAGREEMENT-WR.081502 .final.DOC 15
RECAPTURE OF INVESTMENT AGREEMENT
THIS AGREEMENT is hereby entered into by and between Warehouse Row, L.P. (the
"LP"), Warehouse Row, L.L.C. (the "GP"), Warehouse Row Lending, L.L.C. (the "LLC"), the
City of Roanoke, Virginia (the "City"), Carilion Health System ("Carilion"), and The Roanoke
Valley Development Corporation (the "Corporation") (collectively, the "Parties").
WHEREAS, the LP was formed for the purpose of renovating and equipping (the
"Project") and operating (the "Operation") the buildings located at 117 and 119 Norfolk Avenue,
SW, located in the City of Roanoke, Virginia (collectively, the "Property"), which are owned by
the City; and
WHEREAS, the City has leased the Property to the LP for forty years for the sum of $1
per year (the "Lease") based upon the LP's agreement to undertake the Project, and in the
interest of making available high quality commercial office space to technology companies; and
WHEREAS, the LLC has agreed to lend funds to the LP to finance a portion of the
Project (the "Loan"), and the LP will grant the LLC a deed of trust on its leasehold interest (the
"Deed of Trust"), as more particularly described in the Construction and Permanent Loan
Agreement between the LP and the LLC dated as of ., 2002, and the
documents defined therein as "Loan Documents" (the "Loan Documents"); and
WHEREAS, the GP is the general partner of the LP, and has, pursuant to the Amended
and Restated Agreement of Limited Partnership dated as of ., 2002, agreed to
make such capital contributions to the LP as are required for the Operation and the Project (the
"GP Obligations"); and
WHEREAS, the LP has requested that the LLC guarantee a portion of the GP
Obligations, and the LLC has agreed to guarantee the same (the "Guaranty") if (a) the City will
agree to put in place a mechanism to increase the likelihood that the LLC will be repaid the Loan
(the "Exit Strategy") and (b) if the GP will compensate the LLC for such Guaranty as more
particularly defined in the Guaranty Agreement by and between the LLC and the GP dated as of
__, 2002 (the "Guaranty Fee"); and
WHEREAS, because it is to the City's benefit to have a guarantee of the LP's
Operations, the City has agreed to assist in providing the LLC an Exit Strategy, as more
explicitly defined herein.
NOW THEREFORE, in consideration of the mutual premises and covenants provided for
herein, as well as other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the Parties do agree as follows:
SECTION ONE: DEFINITIONS
In addition to those definitions provided for herein, the following definitions shall apply:
{W:\transact\16225\16\00882483.DOC Ver:5} I
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Deferred Total Retum" shall mean the then-calculated Total Return which, although due and
owing to the LLC, is not paid as of the date of such calculation.
"Designee" shall mean the party selected by the City which may purchase the Membership
Interests of both of the Members.
"Guaranty Fee" shall equal the Guaranty Return.
"Guaranty Return" shall mean the product of the 6% (calculated on an actual/365 basis) interest
multiplied by the then-outstanding Loan Reduction Amount.
"IDA" shall mean the Industrial Development Authority of the City of Roanoke.
"Initial Capital Contribution" shall mean the capital contribution of each of the Members to the
LLC which will be used to undertake the Project, or the sum of those capital contributions, as the
context may require, all of which shall be loaned, pursuant to the Loan Documents, to the LP and
which the LP will use to undertake the Project.
"LLC Investment" shall have the meaning provided for in Section 2, paragraph 3.
"Loan Retum" shall mean the product of the 6% (calculated on an actual/365 basis) interest
multiplied by the then-outstanding Loan.
"Loan Reduction Amount" shall mean the then-calculated sum of all reductions of the
outstanding Loan principal due and owing to the LLC from the LP. As described in the Loan
Documents, the decision as to whether to make such loan principal pre-payments shall be at the
LP's discretion. For example, if the LP makes a principal payment in the amount of $50,000 to
the LLC on January 1, 2003, and a principal payment in the amount of $50,000 on January 1,
2004, the Loan Reduction Amount is $50,000 on January 1, 2003, and $100,000 on January 1,
2004.
"Member" shall mean Carilion Health System and/or, as the context may require, The Roanoke
Valley Development Corporation, who are the sole members of the LLC.
"Membership Interests" shall mean the limited liability company membership interests which
Carilion and/or, as the context may require, the Corporation own in the LLC.
"Subsequent Capital Contribution" shall mean such capital contributions of each or both, as the
context may require, of the Members to the LLC which are in excess of the Initial Capital
Contribution, all of which shall be used to fund the Guaranty.
"Total Return" shall mean the then-calculated sum of the Loan Return and the Guaranty Return
which, assuming total Initial Capital Contributions of $1,200,000, would equal a total of $72,000
per annum.
{ W:\transacfi16225\16\00882483.DOC Ver:5} 2
SECTION TWO: LLC OPTION
1. Beginning in the first month following the fifth year in which the Property is
placed in service (as determined for purposes of Section 47(b)(1) of the Code), if a Member
elects to sell its Membership Interest to the City or its Designee, the City or its Designee shall
have the right to purchase both of, but not one of, the Members' Membership Interests, on the
terms and conditions outlined herein. For purposes of the acquisition by the City of the
Membership Interests, the City or its Designee shall hereinafter be referred to collectively as the
"City."
2. If a Member proPoses to sell its Membership Interest pursuant to this section, it
shall give written notice thereof to the City. The City will have 45 days to acquire both
Members' Membership Interests after receipt of notice from either Member of such Member's
desire to sell its Membership Interest. During such 45-day period, the City will (a) acquire both
Membership Interests or (b) authorize the sale of the Property pursuant to Section 3 hereof.
3. The purchase price for the Membership Interests shall be the LLC Investment,
which will be computed as follows:
ICC + SCC + DTR- LRA
Where ICC is the Members' Initial Capital Contribution, SCC is the Members'
Subsequent Capital Contribution, DTR is Deferred Total Return, and LRA is the Loan Reduction
Amount.
The following example illustrates the operation of this subparagraph:
Each Member makes a $600,000 Initial Capital Contribution. In both years one and two, each
Member makes additional contributions of $25,000 Subsequent Capital Contributions to fund
operating shortfalli. Because of a lack of cash flow availability in years one and two, no principal
payments are made (i.e. the Loan Reduction Amount remains at $0) and no Loan Return is paid.
After paying the Total Return for and in each of years three, four and five, in year three the
Operation has a net profit of $20,000 and makes a principal payment of such amount, in year four
the Operation has a net profit of $40,000 and makes a principal payment of such amount, and in
year five the Operation has a net profit of $60,000 and makes a principal payment of such amount.
Carilion elects to sell, and the City (acting through the IDA) elects to purchase both Membership
Interests after year five. The price will be computed as follows:
$1,200,000
$100,000
$72,000
$72,000
($20,000)
($40,000)
(*60,000)
$1,324,000
Initial Capital Contribution (total)
Subsequent Capital Contribution (total of Year 1 + Year 2)
Deferred Total Return Year 1 = Loan Return ($1,200,000 x 6%) + Guaranty Return ($0 x 6%)
Deferred Total Return Year 2 = Loan Return ($1,200,000 x 6%) + Guaranty Return ($0 x 6%)
Loan Reduction Amount Year 3
Loan Reduction Amount Year 4
Loan Reduction Amount Year 5
** Note that because, in this example, Total Return is paid in each of Years 3, 4, and 5, there is no
Deferred Total Return in any of those years.
{W:\transact\16225\16\00882483.DOC Vet:5 } 3
4. Upon acquisition of both of the Member's Membership Interests by the City, the
LP will terminate the Lease, subject to the City assuming all existing leases with subtenants.
SECTION THR~E: RIGHT OF FIRST REFUSAL AND SALE
1. Unless the City acquires both of the Membership Interests pursuant to Section 2
hereof, either Member shall, 45 days after either Member provided the City the notice provided
for in Section 2, Paragraph 2 hereof, have the right to cause a sale of the Property to any party,
for any price determined by the LLC, and for any use consistent with the then current zoning, as
described herein. Specifically, if the City does not acquire both Membership Interests, it will
advertise and conduct a public hearing, and undertake all other requirements of law, within such
45 day period to enable it to sell the building in the manner described in this Section.
2. The LLC shall have the exclusive fight and responsibility to market the Property,
to engage in all negotiations with potential purchasem of the Property, and to otherwise
undertake all actions related thereto. Upon selection by the LLC of a purchaser of the Property,
the City shall sell the Property to such purchaser for whatever price the LLC and such purchaser
have agreed. Notwithstanding the specificity of the forgoing, the City shall have no right
whatsoever to object to, nor shall the consent of the City be required as to, the identity of the
purchaser, the sales price of the Property, or the proposed use of the Property (provided such use
is consistent with the then current zoning).
3. Upon sale of the Property, the LLC will release the Deed of Trust, and the LP will
terminate the Lease. The sales proceeds will be distxibuted as follows:
a. First, to repay the LLC Investment.
b. In the event of any excess over the LLC Investment, such excess
will be applied to the City's original purchase price of the Property
($636,000).
c. In the event that the purchase price exceeds LLC Investment and
the $636,000 purchase price of the City, any excess over that amount will
be distributed 1/3 to the City, 1/3 to Carilion and 1/3 to the Corporation.
SECTION FOUR: MISCELLANEOUS COVENANTS
1. Each provision of this Agreement shall be considered severable, and if for any
reason any provision that is not essential to the effectuation of the basic purposes of the
Agreement is determined to be invalid and contrary to any existing or future law, such invalidity
shall not impair the operation of or affect those provisions of this Agreement that are valid.
2. No party hereto shall be deemed to have waived any fights hereunder unless such
waiver shall be in writing and signed by such party. The waiver by any party of any breach of
this Agreement shall not operate or be construed to be a waiver of any subsequent breach.
{W:\transact\16225\16\00882483. DOC Ver: 5 } 4
3. This Agreement shall be construed and enforced in accordance with the laws of
the Commonwealth of Virginia.
4. All headings and captions in this Agreement are for convenience of reference only
and are not intended to qualify the meaning of any provision.
5. This Agreement and any amendments hereto may be executed in several
counterparts, each of which shall be deemed to be an original copy, and all of which together
shall constitute one agreement binding on all parties hereto, _notwithstanding that all the parties
shall not have signed the same counterpart.
6. As the context may require, all personal pronouns used in this Agreement,
whether used in the masculine, feminine or neuter gender, shall include all other genders, and the
singular shall include the plural and vice versa.
[the balance of this page is intentionally left blank]
{W:\transact\16225\16\00882483.DOC Ver:5} 5
Approved as to Form
City Attomey
WAREHOUSE ROW, L.P., by WAREHOUSE
ROW, L.L.C., its general partner
By:
WAREHOUSE ROW, L.L.C.
By:
Its:
WAREHOUSE ROW LENDING, L.L.C.
By:
Its:
CITY OF ROANOKE, VIRGINIA
By:
CARILION HEALTH SYSTEM
By:
THE ROANOKE VALLEY DEVELOPMENT
CORPORATION
By:
Its:
{W:\transact\16225\16\00882483.DOC Vet:5} 6
NOTICE OF PUBLIC HEARING
The City of Roanoke will consider awarding a Lease and/or Agreement between the City and
Warehouse Row, L.P., (WR), that will provide that WR will lease, renovate and equip the City-owned
buildings located downtown at 117 and 119 Norfolk Avenue, S.W., Roanoke, Virginia (Buildings).
The term of the Lease will be up to forty (40) years upon certain terms and conditions. This public
heating will be in conjunction with the public hearing previously advertised on June 17th and 24th,
2002, and which was held on July 1, 2002, and July 15, 2002, and continued generally, concerning the
possible acceptance and award of a bid in connection with this matter.
The City will also consider the possible lease of all or part of City-owned property located at
117-123 Salem Avenue, S. W., Official Tax Map Nos. 1010409, 1010410 and 1010411, to WR for use
as parking spaces in connection with the above mentioned Lease of the Buildings. The initial term of
any Lease of such property for parking spaces will be for a period of up to five (5) years.
Pursuant to the requirements of §§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
matters on Monday, August 19, 2002, at 7:00 p.m., local time, or as soon thereafter as the matters may
be heard, in the Council Chambers, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, SW, Roanoke, Virginia. For further information on these matters, 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 Thursday, August 15, 2002.
GIVEN under my hand this 9th day of August ,2002.
Mary F. Parker, City Clerk.
H:~AM ISCXN-PHLEASEWAREHOUSEROWPARKING.doc
Note to Publisher:
Please publish once in The Roanoke Times, Legal Notices on Monday, August 12, 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
H:XAMISC~N-PHLEAS EWAREHOUSEROWPARKING.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
01965691
Warehouse Row PH
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
Vir~g_inia. Sworn and subscribed before me this
\u~w% day of August, 2002. Witness my hand and
of fi~ a~~_~
C~~ Notary Public
PUBLISHED ON: 08/12
NOTICE OF PUBLIC HEAml~
111o Gity of Ro~lnok~ will
coflsider awarding a
or ABrcemeot.ix(we~ the
~ and Warehouse Row, L*P.,
will I~, rerlovate and equip
the City-owned buildlnBs
located downtown Bt 117 and
119 No;folk Avenue, S.W.,
Roanoke, Virginia (Buildings).
The term of the ~ will be
up to fmty .(40) yearn upon
This public hearing will be in
conjunction with the public
headn~ previously adver'dasd
on June 17th and 24th, 2002,
and which was held o~ July
1, 2OO2, and July 15,
2002, end co~tlnueq general-
ly, concentin~ the possible
acceptance and awerd of e bid
in connection ~ this matter.
The City will elso consider
the possible lease of eft or
located at 117-123 SaJem
Avenue, $. W, ~ Tax Map
Nos,, 1010409, 1010410 and
1010411, to WR for use as
pardi, ng spaces in conneot]on
with the above mer~ced
Lease oftbe Buildings. The Ini-
be fer a bedocI of u~ to five (5)
Pursuant to Ule requirements
of ~§15.2-2500 and ~823,
Code of Vlrlkaa (1950), as
emended, notice ie hereby
8Wen that the Council of the
City of Rcenolm will hokl a
2002, at 7:00 p.m., local
time, or as ~ thereafter as
the matters may be heard, In
the ~ouncll Chambers, Room
450, Noel ¢. Taytot Municipal
Bulldin~ 2~5 Church Ave-
nlm, SW, Rcelml~ Vitae.
For further infommtJon on
Development, et
(540)863-1608.
All berth~ asd interested
zees may appear on tbe above
date and be heard cm the mat-
2541 before 12.'00 nomt on
Thursday, Aui~unt 15, 2002°
GIVEN timer my bend ~NI 9th
dayof August. 2002.
TOTAL COST: 177.65
FILED ON: 08/14/02
Authorized
S i gna t u r e: ~I~~____P_~--~
, Billing Services
Representative
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21,2002
File #27-166
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. 36047-081902 authorizing vacation of an easement
on property identified as Official Tax No. 4200901 located on Gum Spring Street, S. E.,
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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Ms. Nellie M. Brown, 3138 Gum Spring Street, S. E., Roanoke, Virginia 24014
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
H:kAgenda.02L~ugust 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of ^ugust, 2002.
No. 36047-081902.
AN ORDINANCE authorizing the vacation of an easement on property identified as
Official Tax Map No. 4200901 located on Gum Spring Street, S.E., upon certain terms and
conditions, and dispensing with the second reading of this ordinance by title.
WHEREAS, a public hearing was held on August 19, 2002, pursuant to §§15.2-
1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in
interest and citizens were afforded an opportunity to be heard on this proposed vacation.
THREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manger and City Clerk are authorized to execute and attest,
respectively, in a form approved by the City Attorney, the necessary documents to vacate said
easement upon the terms and conditions set forth in the City Manager's letter to this Council
dated August 19, 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.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August19,2002
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:
Vacation and Dedication of Sanitary Sewer
Easement- 3138 Gum Spring Street, SE
Tax Map No. 4200901
The property owner at 3138 Gum Spring Street, Nellie M. Brown, has requested that the City
vacate a portion of a sanitary sewer easement that runs under a corner of the house and patio.
The encroachment of the residence was discovered when a survey plat was prepared prior to her
purchase of the property. Ms. Brown has relocated a portion of the sewer line to remove the
encroachment and is willing to dedicate to the City an easement for the new alignment. See
Attachment #1 for plat showing both the easement to be vacated and a new 10' public sanitary
sewer easement.
Recommended Action(s):
Following a public hearing, authorize the City Manager to execute the appropriate documents to
accept the new easement, subject to a satisfactory environmental site inspection, and vacate the
existing easement. The new easement shall be dedicated as a sanitary sewer easement. The
property owner will be responsible for preparation of all necessary documents.
Dadene L. Bu~r~am~
City Manager
DLB/SEF
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
#CM02-00181
Attachment #1
GF_HERAb '40'1~$: ~"~u~'4N e
~. THI~ P~T WAS PR/nA~ED ~0~T BENEFIT OF A ~E RE~U~' ~ "; ~,a ~ ~.
~fl~ ;~ ~U~JEC~ '~ERE'~. ~EREFC~E, '~ERE MAY E~S~ ENCUMBRAN~ ~~
~ICH I<~[CT iH( PRC=ER~ ~OT SHO~ H[REO~.
$,~vlH= SAN I'&RY SE. WE_R MANI-,OLE
R = 2.C0. C0'
L = ql?.?
L~i
LOT 1-AA
266 ACRE
NEW 10'
~~ ~ / ~-~: ~ ?~,'~". ~'.~e'
EASEMENT PLAT FOR ~ ~-6= ~ 59'C6'5s' [ ~.~"
6-~-= .~ 09'0E%C' F 45.'7'
NELLIE M. BROWN
EASEMENT AHP~ VACA~I~% Cr ~ ~% ' r
EXlS~NG ~ANI rARy 5E~R
EASCMCN' ON LOT ~-'A~. ~ ~ ~C~'A. N-~%;'~6'-E ~.~1'
B.~K Bi. S~C~ON 2, / 6A--7= N ~6'10' ~ 27.9~'
MILl. ~OUNTAIN EST&~S 7-5= S ~4'~6' W 71.~C'
M~. : FE. g38
~OA~OK [. '~RCIN=A
............'
.~2
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to vacate a portion of a sanitary sewer easement that is
encroaching on property identified as Tax Map No.4200901 and located on Gum Spring Street, SE.
Pursuant to the requirements of§15.2-2272, Code of Virginia (1950) as amended, notice is
hereby given that the City Council of the City of Roanoke will hold a public hearing on the above
matter at its regular meeting to be held on August 19, 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 hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Friday, August 16, 2002.
GIVEN under my hand this 2nd day of August ,2002.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish twice in The Roanoke Times on August 6, 2002, and August 12, 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:~qOTICES\N-VACOFEASEMT-GUMSPR1NGS,DOC
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
01960473 Gum Spring
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 August, 2002. Witness my hand and
Notary Public
My commission expires
PUBLISHED ON: 08/06 08/12
TOTAL COST: 204.82
FILED ON: 08/14/02
The C~ of Romloke proposes
to vacate a portion of a ~ani-
t~ry .evm~ easement b%at is
encroachln~ o~ property Identi-
fied a~ Tax Map No.4200901
and located on Gum Spdng
Street, SE.
P~m~n~ ~ ~e req~ir~
~f §~5.2o~72, ~ ~f ~lr-
In~ ~%~ ~ ~'~, $.W.,
If you ate & imrson with a dls-
tion~ for this hemlrt& pkmse
at (540) 853-2541, before
~2.'00 noon on Fdday, August
· t6, 2002.
GIVEN Uncler my hand this 2ncl
Me~y F. Pad(er, City Cle~
('1960473)
Authorized
Signature: _~~_~_'_~
, 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
August 21, 2002
File #166-383-468
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36048-081902 authorizing the proper City officials
to enter into a Lease Agreement between the City and Cellco Partnership, a Delaware
general partnership, d/b/a Verizon Wireless, for use of a portion of a City owned water tank
and the site on which it sits, which is located in the 4100 block of Wyoming Avenue, Official
Tax No. 2770406, known as the Washington Heights Water Tank, and which will provide
that Cellco Partnership will use such area for the 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, August 19, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
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
Dana D. Long, Manager, Billings and Collections
H:~Agenda.02~August 19, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of August, 2002.
~o. 36048-081902.
AN ORDINANCE authorizing the proper City officials to enter into a Lease
Agreement between the City and Cellco Partnership, a Delaware general partnership, d/b/a
Verizon Wireless, for use of a portion of a City owned water tank and the site on which it
sits, which is located in the 4100 block of Wyoming Avenue, Tax Map No. 2770406, known
as the Washington Heights Water Tank, and which will provide that Cellco Partnership will
use such area 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 action and execute such additional documents as may be
necessary to implement and administer such Lease Agreement; and dispensing with the
second reading by title of this ordinance.
WHEREAS, the Council of the City of Roanoke has held a public hearing on this
matter, after proper advertisement as are required by § 15.2-1800, et seq., Code of Virginia
(1950), as amended.
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, a
Lease Agreement between the City and Cellco Parmership, a Delaware general partnership,
d/b/a Verizon Wireless, for the use of a portion of a City-owned water tank known as the
Washington Heights Water Tank, and the site upon which it is located, which is in is located
in the 4100 block of Wyoming Avenue, bearing Tax Map No. 2770406, with such use being
for the placement, operation, and maintenance of personal communication system antennas
and related equipment for a period to commence on September 1,2002, and to run through
July 31, 2007, with up to two five-year renewals upon mutual agreement of the parties and
with a rental rate per month as follows:
$1,000.00/month from September 1, 2002, through December 1, 2002;
$1,325.00/month from January 1, 2003, through December 31, 2003;
$1,550.00/month from January 1, 2004, through December 31, 2004;
$1,675.00/month from January 1, 2005, through July 31, 2007;
and upon such other terms and conditions as may be deemed appropriate by the City
Manager, as more particularly set forth in the City Manager's letter to City Council dated
August 19, 2002.
2. The City Manager is authorized take such further actions and execute such
additional documents as may be necessary to implement and administer such Lease
Agreement.
3. Pursuant to Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFHCE OF THE MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August19,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable Rupert M. Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Lease Agreement for Use
of City Water Tank
Background:
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 provides leased space on four (4) water tanks to Virginia PCS
Alliance, L.C. and Triton PCS Property Company, L.L.C. Lease agreement
renewals with these companies for use of City water tank facilities was approved
July 15, 2002. The total annual revenue for all leases will be:
Honomble Mayorand Membem of Council
Lease Agmementfor Use of City WaterTank
^ugust19,2002
Page 2
$39,000/year for remainder of 2002
$127,200/year from January 1,2003 through December 31, 2003.
$148,800/year from January 1, 2004 through December 31,2004.
$160,800/year from January 1,2005 through July 31,2007.
Current Situation:
Cellco Partnership, a Delaware general partnership, d/b/a/Verizon Wireless with
its principal office at 180 Washington Valley Road, Bedminster, New Jersey
07921, has requested to lease a portion of the Washington Heights Water Tank
and ground site, which is located in the 4100 block of Wyoming Avenue, Tax
Map No. 2770406. The purpose of this request is to install directional antennas,
connecting cables and appurtenances.
To lease this property, a new lease agreement is required as well as a public
hearing. The terms and conditions of this lease are in accordance with the City
of Roanoke Policy as to Wireless Telecommunication Facilities located on City
Property dated January 21, 1997 and substantially similar to the existing lease
agreements with other entities using the City's water tanks. The term of this
lease will be four (4) years and eleven (11) months commencing on September
1,2002 and expiring on July 31, 2007. This lease may be renewed for up to two
(2) five (5) year terms upon mutual agreement by the parties. The lease requires
that the lessee post security to guarantee removal of the electronic facilities at
the end of the lease - either cash or a bond in the amount of $7,500 will be
required. The rent for such lease is per month, per provider for leased space on
one water tank and:
$1000/month from September 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 January1,2005 through July 31,2007.
Honorable Mayor and Members of Council
Lease Agreement for Use of City Water Tank
August 19, 2002
Page 3
Recommended Action:
Council approve a new lease agreement between the City of Roanoke and
Cellco Partnership, a Delaware general partnership, dlblal Verizon Wireless, and
authorize the City Manager to execute such agreement, in a form approved by
the City Attorney. Furthermore, authorize the City Manager to take such further
actions and execute such further documents as may be necessary to implement
and administer such lease agreement.
DLB:je
C:
Dadene L. Burcham
City Manager
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
Dana Long, Manager, Billings & Collections
CM 02-00184
QITY OF ROANOKE
POLICY AS TO WIRELESS TELECOMMUNICATIONS FACILITIES
LOCATED ON CITY PROPERTY
January 21, 1997
W'u'eless telecommunications fac41ities (towers, antenna and buildings) may be located on City
of Roanoke (City) property pursuant to written lease with the approval of City Council.
Grant of the privilege of using City property for such facilities shall be made on a
compeftively neutral and nondiscriminatory basis. No such lease shall exceed five (5) years
in length, and all such leases, which shall be negotiated by the City Manager or his designee,
shall require payment of fair and reasonable monthly rental fees or equivalent compensation
and incorporate the terms of this policy.
All applicants who wish to locate a wireless telecommunication antenna or tower on City
owned property must submit to the City Manager a completed application and detailed plan
along with other pertinent information requested by the City.
All wireless telecommunications facilities shall comply with all applicable City zoning and
development ordinances and regulations, all applicable building, electrical, plumbing,
mechanical and property maintenance codes, and all other applicable codes, ordinances, and
regulations of the City.
All wireless facilities shall comply with all applicable Federal and State laws and regulations,
including Federal Communications Commission regulations.
No wireless facility shah interfere with the use of City property or any City facility for the
purpose for which it is intended by the City. Furthermore, the location of any wireless facility
shah be subject to City approval and a determination that sufficient space is available.
Recognizing that there is limited space available for wireless telecommunications facilities on
City property, the privilege' ofusing City property for such facilities shah be awarded on the
following priority of use. Priority for the use of City owned land or any City owned tower,
building, or other structure (City facility) for wireless telecommunication facilities will be
given to the following entities in descending order:
A. City of Roanoke;
Bo
Public safety agendes, including law enforcement, fire and ambulance services
which are not part of the City of Roanoke and private entities with a public
safety agreement.with the City of Roanoke;
Co
Other governmental agencies, for uses which are not related to public safety;
and
Do
Entities providing licensed commercial wireless telecommunication services
including cellular, personal communication services (PCS), specialized
o
10.
11.
12.
13.
14.
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),
paging, and similar services that are marketed to the general public.
It shall be the responsibility of the owner of any wireless telecommunications facility located
on City property to maintain such facility in an attractive, clean, safe and sanitary condition
and to ensure such facility will not have any significant adverse impact on surrounding private
property.
The owner of any wireless telecommunications facility located on City property shall be
responsible for providing or causing to be provided any utilities (electricity, gas, telephone,
water, sewer, etc.) required to serve such facility. The cost of utility services shall be billed
directly to the owner and paid promptly.
The structural integrity and safety of any wireless telecommunications facility located on City
property shall be certified to the City by an independent professional engineer licensed to
practice in the Commonwealth of Virginia. The engineer will be selected by mutual
agreement of the City and Lessee, but all costs and expenses shall be paid by Lessee. When
a wireless telecommunications facility is attached to or located on a City facility, such
certificate shall state that the structural integrity and safety of the City facility will not be
adversdy affected by the attachment or location of the owner's wireless telecommunications
facility.
In the event any interference is caused to any television, radio, telephone, electronic, or other
communications device on or off of City property by a wireless telecommunications facility
located on City property, it shall be the responsibility o.f the owner of the wireless
telecommunications facility located on City property to resolve any complaints in a timely
/'ashion or remove its facility.
Aesthetics of wireless telecommunications facilities are a primary concern of the City.
W'weless telecommunications facilities located in City parks, in City right-of-way or on other
City property shall be designed to blend into their natural environment and be painted a color
intended to blend into such environment. Any wireless telecommunications facility located
on the ground shall be adequately screened by a dense planting of evergreen trees or shrubs
which shall be ~ in good condition by the owner of the wireless telecommunications
facility. Vegetative screening plans shall be approved in advance by the City Manager or his
designee. Wireless telecommunications facilities attached to or located on any City facility
shall be painted the same color as the City facility or such other color as the City may
designate and shall be no higher than such City facility.
Insurance of the types and in the amounts specified by the City's Risk Manager shall be
provided by the owner of each wireless telecommunications facility.
Indemnification and/or security approved by the City Attorney shah be required of the owner
of each wireless telecommunications facility.
The owner or operator of any wireless telecommunications facility shah cooperate with the
15.
16.
17.
18.
19.
City's objective to promote co-location and thus minimize the number of tower or antenna
sites that may be requested or required.
When a wireless teleconununications facility is to be placed on or near City water towers or
near any City water supply, the owner of such facility shall satisfy the City that such facility
will not increase the risk of contamination of the City's water supply.
The presence of a wireless telecommunications facility on City property or City facility shall
not increase the upkeep or maintenance cost oftbe City property or City facility.
The City Council reserves the right and may terminate any lease if it determines that any of
the following conditions exist:
Ao
A potential user with0gher priority cannot find another adequate location and the
potential use of such hi,er priority user would be incompatible with the existing use
of the wireless teleconununications facility;
Bo
A user's frequency broadcasts unreasonably interferes with other users of higher
priority, regardless of whether or not this interference is adequately predicted in the
technical analysis; or
Co
An owner or operator of a wireless telecommunications facility located on City
property or City facilities violates any of the standards in this policy or the conditions
attached to the City permission to use City property or City facilities or violates any
of the provisions of the lease with the City.
Before taking action, the City will provide notice to the owner of the wireless
telecommunications facility of the intent of termination and reasons for it and provide an
opportunity for the owner to address City Council regarding the proposed termination action.
This procedure need not be followed in an emergency situation.
Notwithstanding anything se~ forth in the above policy, City Council hereby reserves the right
to deny, for any reason, the use of any or all City property or City facilities by any one or all
owners of wireless telecommunications facilities seeking to use City property or City
facilities.
This policy shah be effective after its adoption by the City Council.
33029-071596thru33456-061697 Page 2 of 2
IN 'THE COUNCIL OF THE GITY OF ROANOKE, VIRMN~
AN I~dOL.UTH~ iqJprovlflg Ind IdoP~B the CNy ad'Raanok~ Pddloy
,m tO Wlml~l 'I'Ma~MamuNMI~ Fdmllf~i ~kd on ~ WOpMty dldld
~lnmlry il, 1N7, In luoonMnoe wlttl tie IlOOrimmldliml of Im WEir Ibaour;~
C. mmlUmi mpo~'lo Ihb, Colmall datKI FIdyiiry 3, '11#~r.
Fabrulry ~,
APPROVED
Mi/y F. Pirkar
AN ORIXHANGE io mM and maflMIn omtsln eeMlime M th~ d#ir, e?
General.nd CN)rial Pra~, Fund .4,ppmprlafim~. and providing hr 4m ~.
WHBRE,~ f~r 1~ umlal dldly operdi~n ofthB Mu. hlpal Governmmt
of Ihe Clfy of RmmMs, an enmll~j la dedamd k~ moji, .-.
of
Powered by LaserFiche WebLink vS.01: Registered to City of Roanoke
http://image~r~an~keg~v~c~m/scripts/~fweb~ink.exe/web~ink/br~wser.htm~?d~c=63~&page=3... 8/1/2002
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease a portion of one City owned water tank site to
Cellco Partnership, a Delaware general partnership, d/b/a Verizon Wireless, for the purpose of
installing antennas and related equipment thereon for providing radio and wireless
telecommunications services. The water tank site is Washington Heights Water Tank, in the
4100 block of Wyoming Avenue, Roanoke, Virginia, Tax Map No. 2770406.
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
heating on the above matter at its regular meeting to be held on August 19, 2002, commencing at
7:00 p.m., local time, or as soon thereafter as the matter may be heard, in the Council Chambers
4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia.
Further information is available in the Water Division Office, 541 Luck Avenue, S.W., Suite
118, Roanoke, Virginia, (540)853-2601.
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 heating, please contact the City
Clerk's Office at (540)853-2541 before 12:00 noon on the Wednesday before the date of the
heating listed above.
GIVEN under my hand this /th day of .~ugus t 2002.
Mary F. Parker, City Clerk
Note to Publisher:
Please publish once in The Roanoke Times~ on Sunday, August 11, 2002.
Send Publisher's Affidavit
Mary F. Parker, City Clerk
456 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Send Bill to:
Jesse H. Perdue, Manager
Water Division
541 Luck Avenue, S.W., Suite 118
Roanoke, VA 24016
H:~AMISCXNOTICEWATERTANKLEASE081902.doc
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE CITY WATER DEPT
SUITE 118
541 LUCK AVE SW
ROANOKE VA 24016
REFERENCE: 80090794
01963396 Verizon Public Heari
State of Virginia
City u~-~ ROanokc
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publishe~; of the Roanoke Times, a daily
newspaper plLblished in Roanoke, in the State of
Virginia, dc certify that the annexed notice was
published i2 said newspapers on the following
dates:
City/County/of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
~w~ day o4 August, 2002. Witness my hand and
~_ ~~s~n~_v ......... Notary Public
y onmfssi~n expires ~_ ~ ~' .
PUBLISHED ON: 08/11
TOTAL COST: 152.52
FILED ON: 08/14/02
Wal#lni, ton Hel~ Water
T~.~ h~4~ ~ ~
~ A~n~, ~,
VIr~lnll, Tax Map No.
277~
~ I~.2-~B) I~
~, ~ ~ (~),
o~ ~ 7~ p.m.,
~ S.W., ~, ~-
(~~
(~1 ~ ~
n~ on ~ ~y
(1~)
Authorized ^ _ ~ /"~/'"A / /
S ignature:_
Billing Services Representative
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
C-3
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Hards, 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: Request For Public
Headng to Consider Lease
" of City Owned Property
Cell~,o Partnership, a Delaware general Partnership, d/b/a/Vedzon Wireless with
its principal office at 180 Washington Valley Road, Bedminister, New Jersey
07921, has requested to lease a POrtion of the Washington Heights Water Tank
and ground site, which is located in the 4100 block of Wyoming Avenue, Tax
Map No. 2770406. The purpose of this request is to install directional antennas,
connecting cables and appurtenances.
To lease this property, a new lease agreement is required as well as a public
hearing. The terms and conditions of this lease are in accordance with the City
of Roanoke Policy as to Wireless Telecommunication Facilities located on City
Property dated January 21, 1997. The term of this lease shall be four (4) years
and eleven (11) months commencing on September 1, 2002 and expidng on July
31, 2007. This lease may be renewed for up to two (2) five (5) year terms upon
mutual agreement by the parties.
Honorable Mayor and Membem of Council
Request for Public Headng to Consider Lease of City Owned Property
August5,2002
Page 2
Recommended Action:
Authorize the scheduling and advertising of a public headng to consider entering
into a new lease agreement between the City of Roanoke and Cellco
Partnership, a Delaware general partnership, d/blal Vedzon Wireless.
Respectfully submitted,
City Manager
DLB:je
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
CM02-0167
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 21, 2002
File #28-468
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
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,
August 19, 2002, a public hearing was advertised to be held with regard to the vacation of
an existing water line easement located on privately owned property in exchange for a
relocated easement to be dedicated to the City of Roanoke; and thereafter, the City of
Roanoke proposes to quitclaim a portion of the new easement to the Virginia Department
of Transportation, in connection with development of Kingston Estates, a new subdivision
located in Roanoke County.
It was the unanimous consensus of Council to continue the public hearing indefinitely.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
George C. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Department
H:XAgenda.02XAugust 19, 2002 correspondence.wpd
NOTICE OF PUBLIC HEARING
In connection with the development of Kingston Estates, a new subdivision located in
Roanoke County, the City of Roanoke proposes to vacate an existing water line easement located
on privately owned property in exchange for a relocated easement to be dedicated to the City of
Roanoke. Thereafter, the City of Roanoke proposes to quitclaim a portion of the new easement to
the Virginia Department of Transportation.
Pursuant to the requirements of § § 15.2-1800(B), 1813, Code of Virginia (1950), as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public heating on the
above matter at its regular meeting to be held on August 19, 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 Friday, August 16, 2002.
GIVEN under my hand this 7th day of August ,2002.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday August 11,2002.
Send Publisher's Affidavit ~:o:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Send Bill
Jesse H. Perdue, Manager
Water Division
541 Luck Avenue, S. W., Suite 118
Roanoke, Virginia 24016
H:LNOTICEShN-Kingstone Estates(VacatcEascment).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
01962831
Kingston Estates PH
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 August, 2002. Witness my hand and
PU~I:iSHED ON: 08/11
TOTAL COST: 142.68
FILED ON: 08/14/02
~oamn~M 7.'00 p.m., in · Coundl Ctl.mbe~ 4th
Buflclr4, 2~5 thumb Avenue,
$.W.r Rolnoke, Vlrlinl,%
24011. Fu~m' ~ b
mamohe ~t (~40) ~-2~4"
If)~)u ~m a p~ w#h a dl~
mt (640) 8~3.2841, ~
16, 2002.
Authorized
S i gna ture: __~_~~-~_~
, Billing Services
Representative
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
¢-4
August5,2002
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: Request for Public Headng for
Deed of Release and
Dedication Deed of Quitclaim
The City of Roanoke Water Division was contacted by a developer, John Gdffin,
regarding a new subdivision named Kingston Estates he is constructing in
Roanoke County. The main water distribution line from the Falling Creek
Filtration Plant runs through the property he is developing. The water line has
existed in this location for about 100 years.
The City has requested the contractor to locate the water line in a new easement
outside the lots in a dedicated, water line easement; the new line and the new
easement will be in place before the existing easement is vacated. The
contractor has requested the City to quitclaim its easement through the roadways
which VDOT requires in order to accept the road system for maintenance.
Honorable Mayor and Members of Council
Request for Public Hearing for Deed of Release and Dedication Deed of
Quitclaim
August 5, 2002
Page 2
Recommended Action:
Authorize the scheduling and advertising of a public hearing to establish a new
water line easement and Deed of Quitclaim for the easement through the
roadway right-of-way.
DLB:je
C:
Respectfully submitted,
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Mike McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Water Division Manager
CM02-0173