HomeMy WebLinkAboutCouncil Actions 05-19-03 WY`4 TT
36330-051903
R O`4NOKE CITY COUNCIL
REGUL`4R SESSION
M`4 Y 19, 2O03
2:00 P.M.
CITY COUNCIL CH`4MBER
.4 GEND.4
Call to Order--Roll Call. (All present)
The Invocation was delivered by The Reverend Catherine A. Houchins,
Pastor, Metropolitan Community Church of the Blue Ridge.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, May 22, 2003,
at 7:00 p.m., and Saturday, May 24, 2003, 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
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GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM,
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ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
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ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
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WWW.ROANOKEGOV.COM TO OBTAIN AN APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
A Resolution appointing Beverly T. Fitzpatrick, Jr., to fill the unexpired term
of William H. Carder, ending June 30, 2004.
Adopted Resolution No. 36330-051903. (7-0)
File #132
Administration of the Oath of Office. The Honorable Charles N. Dorsey,
Judge, Twenty-Third Judicial Circuit of Virginia.
File #15-132
Proclamation declaring May 18 - 24, 2003, as Emergency Medical Services
Week.
File #3-354
Proclamation declaring Sunday, June 1, 2003, as Helen Keller Day.
File #3-353
The Mayor read a communication from Chief Petty Officer John Fendor,
Jr., who is currently serving in the Persian Gulf, commending the City of
Roanoke on its displays of patriotism.
File #80
e
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
3
C-1
A communication from Mayor Ralph K. Smith requesting that Council
convene in a Closed Meeting to discuss vacancies on certain authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #110-132
C-2
A communication from Vice-Mayor C. Nelson Harris, Chair, Roanoke
City Council Personnel Committee, requesting that Council convene in a
Closed Meeting to discuss performance evaluations of four Council-Appointed
Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as
amended.
RECOMMENDED ACTION: Concur in the request.
File #110-132
C-3 Minutes of the Roanoke City Audit Committee (Planning Session) held
on Monday, April 21, 2003.
RECOMMENDED ACTION: Receive and file.
File #110-300
C-4
A communication from the City Clerk advising of the resignation of
S. Wayne Campbell as a member of the City Planning Commission, effective
immediately.
RECOMMENDED ACTION:
File #110-200
Accept the resignation and receive and file
the communication.
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
4
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
A communication in connection with amendments to the City's
policy with regard to determination of tax-exempt property.
Adopted Resolution No. 36331-051903. (7-0)
File #79
A communication with regard to property acquisition at 1428 10th
Street, N. W.
Adopted Budget Ordinance No. 36332-051903 and Ordinance
No. 36333-051903. (7-0)
File #2-60-166-237
Council Member Cutler inquired if buildings along Ore
Branch between Cycle Systems, Wonju Street and the
Roanoke River would be eligible for acquisition and
demolition under FEMA's Hazard Mitigation Grant
Program. The City Manager advised that staff will contact
the appropriate officials to determine if funds are available.
File #2-237
A communication recommending appropriation of funds for the
Roanoke Civic Center Waterproofing Project.
Adopted Budget Ordinance No. 36334-051903. (7-0)
File #60-192
A communication recommending changing the name of the
Railside Linear Walk to the O. Winston Link Railwalk.
The matter was referred to the City Planning Commission for
study, report and recommendation to Council.
5
Council Member Fitzpatrick suggested that there be
recognition of local persons as a part of the naming of the rail
walk in addition to the O. Winston Link connotation; i.e.:
President or Chair of Norfolk and Western Railway.
File #80-223-392
o
A communication recommending acceptance of an additional
$7,470.00 in regional competitiveness funds and a commitment
of $8,193.00 from Roanoke County.
Adopted Budget Ordinance No. 36335-051903 and Resolution
No. 36336-051903. (7-0)
File #60-412
A communication recommending authorization to execute an
agreement with the Roanoke Valley Convention and Visitors
Bureau to market the Roanoke Valley as a regional destination for
convention and destination tourism, in the amount of
$847,440.00.
Adopted Resolution No. 36337-051903. (7-0)
File #293-336
A communication recommending transfer and appropriation of
funds in connection with the regional automated library system
test server.
Adopted Budget Ordinance No. 36338-051903. (7-0)
File #60-262-323-403
A communication recommending execution of a lease agreement
with Kirk Avenue Properties, LLC, in connection with a training
facility and the Occupational Health Clinic located on Kirk
Avenue.
Adopted Ordinance No. 36339-051903. (7-0)
File #184-373
10.
11.
12.
A communication recommending acceptance of the National
Network of Libraries of Medicine/Southeastern Atlantic Region
grant, in the amount of $49,116.00.
Adopted Budget Ordinance No. 36340-051903 and Resolution
No. 36341-051903. (7-0)
File #60-221-236-323-403
A communication recommending transfer of $606,000.00 in
connection with relocation of the Social Services Depadment to
the Civic Mall at 1502 Williamson Road, N. W.
Adopted Budget Ordinance No. 36342-051903. (7-0)
File #60-72
A communication recommending revisions to the City Code in
connection with sewer connections and extensions.
Adopted Ordinance No. 36343-051903. (7-0)
Council Member Bestpitch suggested that staff prepare an
amendment to the ordinance for consideration by Council at
a later date requiring notification of future property owners
of the existence of a private pumping facility.
File #24-27-468
A communication in connection with acceptance of Citizen Corps
Grant funds.
Adopted Budget Ordinance No. 36344-051903 and Resolution
No. 36345-051903. (7-0)
File #60-188-236
BRIEFINGS:
13.
Youth Commission. (20 minutes)
Received and filed.
File #110-304
7
7. REPORTS OF COMMITTEES:
A communication from the Roanoke City School Board requesting
appropriation of $57,008.00 from the Capital Maintenance and
Equipment Replacement Fund for school bus route management
software and replacement of school buses; and $2,100,000.00 for
Lincoln Terrace improvements; and a report of the Director of Finance
recommending that Council concur in the request.
Adopted Budget Ordinance No. 36346-051903. (7-0)
File #60-467
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10.
MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Dowe commended and expressed appreciation to
staff of the Fire/EMS Department on the service they render to the
citizens of Roanoke on a daily basis.
File #70-80-354
Council Member Cutler called attention to a newspaper article
which was published in the Monday, May 19, 2003 edition of The
Roanoke Times, and commended William Fleming High School on
academics and classroom achievement.
File #80-227-467
Council Member Cutler commended the efforts of Pearl Fu in
connection with another successful Local Colors festival on Sunday,
May 18, 2003.
File #80-110-327-431
Council Member Cutler called attention to the need to expedite
construction of storm sewer drains through creation of a storm
water utility fee to fund construction and inclusion of flood control
among future responsibilities of the water authority.
File #27-468
Council Member Cutler called attention to a public meeting on
development of Tinker Creek Watershed Bacteria Total Maximum
Daily Load Rules Affecting Glade Creek, Lick Run, Layman Creek,
and Carvin Creek on June 24, 2003, at 7:00 p.m., in Babcock
Auditorium at Hollins University.
File #468
b. Vacancies on certain Council-Appointed authorities, boards,
commissions and committees.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
12. CITY MANAGER COMMENTS:
The City Manager commended Soft Solutions, a graduate of the Small
Business Incubator in Wasena, which was named the 2003 Outstanding
Incubator Graduate in the technology category at the National Business
Incubation Association International Conference on Business Incubation
in Richmond, Virginia.
File #80-384
The City Manager announced that Wilhemina Boyd will assume the
position of Director of Civic Facilities, effective May 28, 2003.
File #184-192
9
At 4:05 p.m., the Council meeting was declared in recess for two Closed
Sessions.
CERTIFICATION OF CLOSED MEETING. (6-0, Vice-Mayor Harris
was absent.)
Council Member Fitzpatrick was appointed to the following committees:
Budget and Planning Committee
Audit Committee
Legislative Committee
Personnel Committee
Roanoke Valley Convention and Visitors Bureau, Board of Directors
(Council Member Wyatt will serve as alternate representative.)
Vice-Mayor Harris will Chair the Budget and Planning Committee
Council Member Bestpitch will Chair the Legislative Committee
Council Member Dowe will Chair the Personnel Committee
The Mayor will fill the unexpired term of William H. Carder as a
member of the Roanoke Valley-Alleghany Regional Commission,
ending June 30, 2003
Council Member Bestpitch will replace Mr. Carder on Virginia's
First Coalition of Cities
(Council Member Fitzpatrickwill serve as alternate representative.)
Vice-Mayor Harris will replace Mr. Carder on the War Memorial
Committee
File #60-110-132-137-202-293-326-300-518-550
F. B. Webster Day, Cheryl D. Evans and Ashley Johnson were reappointed
as members of the Youth Services Citizen Board, for terms ending May 31,
2006, and W. Richard Clemmer, Jr., was appointed, for a term ending
May 31, 2006.
File #110-304
AT 6:50 P.M., THE COUNCIL MEETING WAS DECLARED IN
RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER.
10
ROANOKE CITY COUNCIL
REGULAR SESSION
MA Y 19, 2003
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (Vice-Mayor Harris was absent.)
The Invocation was delivered by Council Member Alfred T. Dowe, Jr.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
The Council meeting will be televised live by RVTV Channel 3 to be replayed
on Thursday, May 22, 2003, at 7:00 p.m., and Saturday, May 24, 2003, at
4:00 p.m. Council meetings are now being offered with closed captioning for
the heating impaired.
11
A. PRESENTATIONS AND ACKNOWLEDGEMENTS:
Shining Star Awards were presented to the Patrick Henry High School
Emergency Response Team and to Mr. Eugene E. Samuel.
File #80
B. PUBLIC HEARINGS:
Request of Liberty Property Limited Padnership that a 0.186 acre
portion of right-of-way in the shoulder of Blue Hills Circle, N. E., be
permanently vacated, discontinued and closed. Alan T. Lingerfelt,
Senior Vice-President, Liberty Property Trust, Spokesperson.
Adopted Ordinance No. 36347-051903. (6-0)
File #514
Request of the City Planning Commission that property located within
the southwest quadrant of the City, identified as Official Tax Nos.
1330401-1330403, inclusive, and 1330117, 1330118 and 1330134,
located on Denniston Avenue, Memorial Avenue and Our Street, S. W.,
be rezoned from C- 1, Office District, to CN, Neighborhood Commercial
District. R. Brian Townsend, Agent, City Planning Commission.
Adopted Ordinance No. 36348-051903. (6-0)
File #51
o
(1)
Proposal of the City of Roanoke to enter into an option, or sale
agreement, for the sale of 18.437 acres of City-owned property,
identified as New Tract F, located at the Roanoke Centre for
Industry and Technology, for commercial purposes. Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 36349-051903. (6-0)
File #2-166-207
12
(2)
A communication from the City Manager recommending
authorization for issuance of up to $6,000,000.00 in Revenue
Bonds of the Industrial Development Authority of the City of
Roanoke, in connection with the request of WELBA I, LLC, or
another limited company to be formed by the principals thereof,
to purchase and install new equipment in the Roanoke Centre for
Industry and Technology.
Adopted Resolution No. 36350-051903. (6-0)
File #2-166-207
Amendment of Chapter 36.1, Zoning, Code of the City of Roanoke
(1979), as amended, Section 36.1-228, Special exception uses, to
include veterinary clinics with no outside corrals and pens. R. Brian
Townsend, Agent, City Planning Commission.
Adopted Ordinance No. 36351-051903. (6-0)
File #24-54
o
(1)
Proposed amendments to the Zoning Ordinance to better define
and differentiate between certain interrelated land use activities
that involve towing services, wrecker services, new and used
motor vehicle sales and service and a new and used commercial
motor vehicle sales and service. R. Brian Townsend, Agent, City
Planning Commission.
Action on the ordinance was tabled and the matter was
referred back to the City Planning Commission for further
study, report and recommendation to Council and to provide
an opportunity for input by all affected parties.
File 05-24-530
13
(2)
A communication from the City Manager recommending
amendment to Section 20-71, Code of the City of Roanoke
(1979), as amended, with regard to regulation of on-street or alley
parking of commercial motor vehicles in residential districts.
Action on the matter was tabled until the definition of
commercial vehicle is determined.
File #24-514-553
C. 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., Ms. Bessie Bond, 1933
Gayle Street, N. W., and Ms. Helen E. Davis, 35 Patton Avenue, N. E.,
addressed Council with regard to the need for screen doors on units in the
Lincoln 2000 housing development.
File #66-178
Mr. Chris Craft, 1501 East Gate Avenue, N. E., and Mr. David Fifer, 3738
Heritage Road, S. W., addressed Council with regard to the need for
School Resource Officers at William Fleming and Patrick Henry High
Schools.
File #467
Ms. Eleanor Casey, 5220 Shamrock Road, N. W., addressed Council in
connection with a house that was moved to the Shamrock Road area
approximately one year ago. She inquired as to what actions, if any, the
City can take to have input with regard to changing State regulations
governing authorization of building permit extensions every six months
for an indefinite period of time, and who has jurisdiction over site
regulation during the construction process.
File #24-27-60-66-165-178
14
Ms. Gloria Dowe, 3702 High Acres Road, N. W., also addressed issues
regarding a house that was moved to the Shamrock Road area. She
inquired as to when does a structure being transported on steel beams to
a site that is not supported by steel beams cease to be a conventional
mobile manufactured home; and are there zoning regulations prohibiting
the location of a mobile home in a residential neighborhood. She called
attention to the need for sidewalk, curb and gutter in the area.
File #24-27-60-66-165-178
Council Member Bestpitch responded to the remarks of Ms. Casey and
Ms. Dowe and advised that the Legislative Committee will look to the City
Manager for recommendations for inclusion in the City's 2004 Legislative
Program in order to address their concerns.
File #24-27-51-60-66-137-165-178
Mr. Robert Gravely, 3360 Hershberger Road, N. W., expressed concern
that the City of Roanoke supports the needs of business over the needs of
its citizens; the City's ageing infrastructure; and the City is losing revenue
because all sales and real estate taxes are not being properly collected.
File #66-79
Council Member Dowe requested that the City Manager investigate
standing water at the corner of Andrews Road and 19th Street, N. W., and
Wellsley Avenue and Abbott Street, N. W.
File #468
Council Member Wyatt requested that the City Manager investigate
standing water in the area of the Lynchburg Turnpike.
File #468
Council Member Fitzpatrick called attention to pot holes in the City's
streets and encouraged City employees to identify those areas of the City
as they go about their daily tasks, with the goal of repairing pot holes on
a temporary basis pending the City's annual street paving program.
File #514
15
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36330-051903.
A RESOLUTION appointing Beverly T. Fitzpatrick, Jr., to fill the unexpired
term of William H. Carder.
WHEREAS, there exists a vacancy on City Council, arising from the
resignation of William H. Carder, effective May 16, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke
that, pursuant to the provisions of §4 of the Roanoke City Charter, 1952, this
Council hereby appoints Beverly T. Fitzpatrick, Jr., to fill the unexpired term of
William H. Carder, which term expires on June 30, 2004.
ATTEST:
City Clerk.
Q ice of 'he May
WHEREAS, Emergency Medical Services is a vital public service; and
WHEREAS,
members of emergency medical services teams are ready to
provide lifesaving care to those in need 24 hours a day, seven days
a week; and
WHEREAS,
access to quality emergency care dramatically improves the
survival and recovery rate of those who experience sudden illness
or injury; and
WHEREAS, emergency medical services providers have traditionally served as
the safety net of America's health care system; and
WHEREAS, Americans benefit daily from the knowledge and skills of these
highly trained individuals; and
WHEREAS,
it is appropriate to recognize the value and the accomplishments of
emergency medical services providers by designating Emergency
Medical Services Week; and
WHEREAS,
Roanoke Fire-EMS is joined by other concerned citizens of
Roanoke, as well as other emergency service providers and safety
advocates, businesses, schools, service clubs and organizations, in
their safety efforts.
NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
in recognition of the outstanding services performed by these individuals, do
hereby proclaim the week of May 18 - 24, 2003, throughout this great All-
America City, as
EMERGENCY MEDICAL SERVICES WEEK.
Given under our hands and the Seal of the City of Roanoke this nineteenth day of
May in the year two thousand and three.
ATTEST:
Mary ~ Parker Ralph K. Smith
City Clerk Mayor
Office of the Mayor
CITY OF ROANOKE
tVtlEREAS, Helen Adams Keller was born on June 27, 1880, in Tuscumbia,
Alabama; she was lefl blind, deaf and mute after developing a fever at the age of
18 months; at the age of six, Anne MaasfieM Sullivan of the Perkins School for
the Blind was hired as Ms. Keller's teacher, and she taught Helen sign language
and Braille; the story of the teacher and her pupil has been retold in ~Villiam
Gibson's play and film, "The Miracle l~orker ,. and
RZtlERE/IS, at the age often, Helen Keller learned to speak; in 1898 she
entered the Cambridge School for Young Ladies and in the autumn of 1900, she
entered Radcliffe College, where she earned a Bachelor of Arts Degree Cum
Laude; throughout the years, Anne Sullivan remained at her student's side; and
I~VttERF--~, in 1915, Helen Keller joined the first Board of Directors of the
Permanent Blind Relief IVar Fund, later known as the American Braille Press; in
1924, she started the Helen Keller Endowment Fund and joined the staff o£ the
American Foundation for the Blind as a couaselor on national and intei~ati'onal
relations,, on June 30, 1925, Helen Keller addressed the Lions Club International
Convention in Cedar Point, Ohio, and challenged Lions to become "knights of the
bh'nd in this crusade against darkness",, and
}I/HEREAS, a movie of Helen Keller's life received the "Oscar" award from
the Academy of Motion Picture Arts and Sciences in 1955; she made her last
major publlc appearance in ~Vashingtor~ D. C., in 1961 when she received the
Lions Club Humanitarian Award for lifetime service,, and
tVHERIZ4~, Helen Keller died on June 1, 1968, at the age of 87; her request to
the Lions Club 43 years earlier inspired the international organization to adopt
the Sight Conservation and ~Vork with the Blind Program as a major service
initiative,, and
~VHEREAS, in 1971, the Board of Directors of Lions Club International
declared June 1 to be remembered as "Helen Keller Day".
{VO~, THEREFORE, 1, Ralph K Smith, Mayor of the City of Roanoke, Virginia,
tn recognition of world-wide Lions Club sight-related projects, do hereby
proclaim Sunday, June 1, 2003, throughout this great All~America City, as
HELEN KEI_ZER DA Y.
Given under our hands and the Seal of the City of Roanoke this nineteenth day of
May in the year two thousand and three.
ATTEST:/~
Mary ~ Parker
City Clerk
Ralph I~ Smith
Mayor
RALPH K. SMITH
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
May 19, 2003
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Ralph K. Smith
Mayor
RKS:sm
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Chumh Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853~2541
Fax: (540) 853-1145
May 15, 2003
Council Members:
William D. Bestpitch
William H. Carder
M. Rupert Cutler
Alfred T. Dowe, Jr.
C. Nelson Harris
Linda F. Wyatt
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
This is to request that Council convene in a Closed Meeting to discuss the performance
of four Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia
(1950), as amended.
With best regards, I am
CNH:sm
Sincerely,
C. Nelson Harris, Chair
Personnel Committee
H:\Council.03\City Manager's Performance Evaluation Letter.wpd
MINUTES OF ROANOKE CITY AUDIT COMMITTEE
Audit Planning Session
April 21, 2003
1. CALL TO ORDER:
The meeting of the Roanoke City Audit Committee Audit Planning Session was called to
order at 11:30 a.m. on Monday, April 21, 2003, with Chair, Linda F. Wyatt, presiding.
· The roll was called by Mrs. Wyatt
Audit Committee
Members Present:
Linda F. Wyatt, Chair
Mayor Ralph K. Smith
Vice-Mayor, C. Nelson Harris
William D. Bestpitch
William H. Carder
Dr. M. Rubert Cutler
Alfred T. Dowe, Jr.
Others Present:
Drew Harmon, Municipal Auditor
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Christopher L SIone, Public Information Officer
Mike Tuck, Assistant Municipal Auditor
Evelyn Powers, Administrative Assistant
2. WHY AUDIT AND TYPES OF AUDITS
Mr. Harmon explained to the Audit Committee why the need to audit using excerpts
from Government Auditing Standards. Mr. Harmon discussed accountability, purpose of
audits, and types of audits. Mr. Harmon reported that the audit department performs
Financial Related Audits and gave examples as: Sheriff, Police, and School Activity
Funds. Mr. Harmon stated that the Performance Audits are basically everything else
the department audits. One example Mr. Harmon provided was an audit of how public
safety response times are measured and monitored.
Mr. Dowe expressed an interest in the Auditing Department looking at response time for
Fire/EMS. He suggested looking at how multiple concurrent calls affect response times
and resources.
Mike Tuck, Assistant Municipal Auditor gave the Committee a bdefing on a current audit
that the department is working on - "Child Day Care". Mr. Tuck explained all of the
areas this audit looked at and that the audit was received well by the Department of
Human Services. Mr. Harmon reported that the auditor actually went into the field and
Audit Committee Minutes Page 2
performed site visits to individual homes where children were cared for. Mr. Bestpitch
was interested in knowing if the audit reviewed reports on inspections performed by our
own Social Services department. Mr. Tuck stated that the auditor did review
inspections performed by the Commonwealth of Virginia and the Social Services
Department. The Mayor wanted to know how many children were in the child daycare
program. Mr. Tuck did not know exactly how many children, but stated there were over
8,000 transactions. Mr. Tuck stated that all of the money the City has spent has been
reimbursed. Mrs. Wyatt asked if there were any facilities that kept children during the
hours of 3:00 p.m. through 11:00 p.m. Mr. Tuck stated that the daycare facilities in the
audit sample were during the day hours.
3. TEN YEAR HISTORY OF REPORTED AUDITS
Mr. Harmon briefed the Committee on the areas the Municipal Auditing department has
audited from 1993 - 2003. The Committee was given a handout that showed all the
areas audited dudng this time period.
4. ANTICIPATED DEMANDS ON AUDIT STAFF RESOURCES
Mr. Harmon briefed the Committee on assignments that he anticipated significant audit
staff hours in 2003-2004. The Committee was given a handout that showed these
areas.
Dr. Cutler wanted to know about the City's purchasing system. Mr. Harmon informed
the Committee that Mr. Bird has completed the City Procurement Manual and that it
should address many of the outstanding audit concerns. Ms. Burnham stated that she
has reviewed the manual and that it is out on the City's web site. Mr. Harmon stated
that he will be looking at purchasing in the coming year. Mr. Bestpitch asked if there
were any areas that Mr. Harmon thought still needed audit attention. Mr. Harmon stated
that areas such as Parks, and Fleet were doing much better. Two areas that will be
looked at in the coming year will be Police Property Room and Civic Center.
Mr. Carder stated that he feels the audit department should continue to take a more
proactive approach versus a reactive approach. He said that proactive auditing is more
like preventative maintenance where you look at the process and fix it before it
becomes a problem. Mr. Carder stated he would like to see the audit department pump
more hours into preventative auditing. Mrs. Wyatt asked Mr. Harmon how the
department was going to get to all departments to audit when he has had to cut staff.
Mr. Harmon stated that the department was doing shorter, more focused audits, that
staffing has stabilized providing a more mature, efficient staff; and that the department
hopes to do more in-service with departments so that all employees will be more control
conscious. Mr. Harmon stated that where the department could use staff is in the
school area.
Audit Committee Minutes Page 3
Dr. Cutler asked if the audit department has any relationship with the City's
Environmental department. Mr. Harmon stated that there is no formal working
relationship, but that the department could talk to the Environmental Manager to
determine how the departments can help each other. Mr. Harmon stated that the
EPA/OIG has been in contact with the department about assisting in a review of security
over the Water & Sewer Infrastructure.
Ms. Burcham stated that she has been getting the Auditors more involved upfront rather
than in the end. She mentioned that all departments have worked on a Strategic
Business Plan and these have been given to the Audit department. Ms. Burcham was
pleased that the Audit Committee supported preventative auditing.
Mr. Bestpitch wanted to know if the audit department has ever looked at HR in particular
the City's grievance procedures. Mr. Harmon stated that the last audit we did in the HR
area was Occupational Health.
Mayor Smith asked about unscheduled audits the department is doing. Mr. Harmon
reported to the Committee that the audit department is currently doing surpdse counts in
the departments that have cash and inventory on hand. Mr. Harmon stated that Mr.
Morgan, Manager for GRTC, had some reservations about the auditors coming to his
area to perform an inventory count. Committee members stated that they would
support going forward with the audit work at GRTC. Ms. Burcham stated that she would
call Mr. Morgan to discuss this issue.
Mr. Harmon asked the Committee what they wanted to do regarding the authority to
audit the Water Authority. Dr. Cutler stated he thought this needed to be looked at early
on if Mr. Harmon felt the audit department would have a role in this type of work. Mr.
Harmon stated that the auditing department could evaluate this area.
Mrs. Wyatt asked if there should be a turnover audit performed in the Real Estate
Valuation area before the transition into the Finance Department. The Committee
agreed that an audit should be performed prior to the retiring Director's last day, July 31,
2003. Mr. Carder asked how this situation is normally handled and suggested that it
should be a standard process. Ms. Burcham suggested that the Committee be
selective and that generally turnover audits are performed when there is a new
Treasurer and Commissioner of Revenue. Mrs. Wyatt suggested that a list of all
departments that might need turnover audits be given to the Audit Committee for their
review.
Mayor Smith asked the question '~Vho audits the auditor"? Mr. Harmon reported that
the audit department has a Peer Review every three years.
Mrs. Wyatt asked Mr. Harmon about the discipline problem in the schools. She wanted
to know if the auditing department was going to look at this area. Mr. Harmon stated
that he has talked to parents and that he has mentioned the need for an audit in this
area to Ruth Willson, Audit Committee Chair, for the School Board.
Audit Committee Minutes Page 4
Mrs. Wyatt thanked Mr. Harmon and his staff for their hard work and expressed that this
was a good session to talk about the future of the auditing department.
5. ADJOURNMENT:
There being no further business, the meeting was adjourned at 12:40 p.m.
Linda F. Wyatt, Chair
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.ronnoke.va.us
June 5,2003
File #110-200
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. S. Wayne Campbell
3344 Pineland Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Campbell:
Your communication tendering your resignation as a member of the City Planning
Commission, effective immediately, was before the Council of the City of Roanoke at a
regular meeting which was held on Monday, May 19, 2003.
On motion, duly seconded and adopted, the communication was received and filed and
your resignation was accepted.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the City Planning Commission
from March 19, 2001 to May 19, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Martha p. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, Deputy 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.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
May 19, 2003
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
I am advised that S. Wayne Campbell has submitted his resignation as a member of the
City Planning Commission, effective immediately.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc:
Robert B. Manetta, Chair, City Planning Commission
Martha P. Franklin, Secretary, City Planning Commission
H:~'genda-03\Carnpbell.resignation.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #79
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. 36331-051903 adopting a new policy and procedure
with respect to processing requests from non-profit organizations to have property
exempted from taxation pursuant to Adicle X, §6(a)(6), of the Constitution of Virginia; and
repealing Resolution No. 36148-120202, adopted on December 2, 2002.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, May 19, 2003.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc: The Honorable David C. Anderson, City Treasurer
The Honorable Sherman A. Holland, Commissioner of the Revenue
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director, Real Estate Valuation
Barry L. Key, Director, Office of Management and Budget
N:\CKMHlV~:Jenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36331-051903.
A RESOLUTION adopting a new policy and procedure with respect to processing requests from
non-profit organizations to have their properly exempted from taxation pursuant to Article X, §6(a)(6), of
the Constitution of Virginia; and repealing Resolution No. 36148-120202, adopted December 2, 2002.
WHEREAS, on November 5, 2002, an amendment to the Constitution of Virginia was approved by
the electorate and transfers the responsibility of determining tax exempt status of properties of certain non-
profit organizations from the General Assembly to the local governing bodies of the Commonwealth;
WHEREAS, by Resolution No. 36148-120202, adopted on December 2, 2002, Council adopted a
new policy and procedure with respect to requests from non-profit organizations to exempt property from
taxation pursuant Article X, §6(a)(6), of the Constitution of Virginia; and
WHEREAS, House Bill 1750 enacted by the 2003 Session of the General Assembly implementing
the above-referenced Constitutional amendment, requires certain amendments to the City's policy and
procedure for providing such reports.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. Resolution No. 31648-120202, adopted on December 12, 2002, adopting a new policy and
procedure with respect to requests for property tax exemption be, and it is, hereby REPEALED.
2. City Council hereby adopts and approves a new policy and procedure in connection with
requests from non-profit organizations for tax exemption of certain property in the City by adopting the
Process for Determination of Property Tax Exemption, dated May 19, 2003, and attached to the City
Manager's letter of May 19, 2003, recommending adoption of this procedure.
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
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Subject:
Amendment of Policy regarding
Determination of Property Tax
Exemption
Dear Mayor Smith and Members of City Council:
Background:
On December 2, 2002, City Council approved a new policy and procedure in connection
with requests from non-profit organizations for tax exemption oi' certain property in the
City by Resolution No. 36148-120202, adopting the Process for Determination of
Property Tax Exemption dated December 2, 2002, with an effective date of January 1,
2003. At the meeting, Council Member Carder inquired as to whether the policy could
be amended to require organizations that petition the City to have their real property
declared tax exempt to pay, voluntarily, a sum equal to the service district tax currently
imposed in two areas in the City (Downtown and Williamson Road).
Considerations:
The City Attorney has reviewed this issue and offered a written opinion to City Council
dated December 9, 2002. The special taxes levied in these two districts are levied to
provide for additional governmental services not being offered uniformly throughout the
entire city. While localities may not impose a service district tax on property within a
district that is not otherwise subject to local taxation, City Council may require, as a
condition to granting tax exempt status to an organization in the future, that the
organization pay voluntarily to the City a sum equal to what it would otherwise be
obligated to pay as a service district tax, just as Council now does with regard to service
Honorable Mayor and Members of Council
May 19, 2003
Page 2
charges. The attached policy document has been amended (changes in italics) to
include this new provision.
In addition, House Bill 1750 was passed during the 2003 General Assembly to
implement the constitutional amendment permitting localities to grant real estate tax
exemptions on and after January 1,2003 and was signed by the Governor on May 2,
2003. It recommends specific procedures that require additional changes to our
procedure (shown in italics on Attachment 1).
Recommendation:
City Council approve amendments to the city policy regarding the determination of
tax-exempt property, including changes required by HB 1750 and including language
requiring, as a condition to granting tax exempt status to an organization in the future,
that the organization pay voluntarily to the City a sum equal to what it would otherwise
be obligated to pay as a service district tax.
Respectfully submitted,
Darlene b Burcham
City Manager
DLB/vst
Attachment
C:
Honorable David C. Anderson, City Treasurer
Honorable Sherman A. Holland, Commissioner of Revenue
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director of Real Estate Valuation
Barry L. Key, Director of Management and Budget
#CM03-00023
Process for Determination of Property Tax Exemption
(REVISED)
Section 58.1-3651.D., Code of Virginia, provides:
Pursuant to subsection 6 (a) (6) Article X of the Constitution of Virginia, on and after
January 1, 2003, any county, city or town may by designation or classification exempt
from real or personal property taxes, or both, by ordinance adopted by the local
governing body, the real or personal property, or both, owned by a nonprofit
organization that uses such property for religious, charitable, patriotic, historical,
benevolent, cultural, or public park and playground purposes. The ordinance shall state
the specific use on which the exemption is based, and continuance of the exemption
shall be contingent on the continued use of the property in accordance with the purpose
for which the organization is classified or designated. No exemption shall be provided
to any organization that has any rule, regulation, policy, or practice that unlawfully
discriminates on the basis of religious convict/on, race, color, sex, or national origin.
Nothing in §58. 1-3651, Code of Virginia, or in any ordinance adopted pursuant to this
section shall affect the validity of a classification exemption claimed by an organization,
or a designation exemption granted by the General Assembly, prior to January 1, 2003,
that was still effective on December, 31, 2002, pursuant to Article 3 (§58. 1-3609 et seq.)
or 4 (§58. 1-3650 et seq.) of this chapter, and no locality shall recognize a classification
exempt/on first claimed by an organization pursuant to Article 3 (§58. 1-3609 et seq.) of
this chapter after January 1, 2003. An exempt/on granted pursuant to Article 4 (§58. 1-
3650 et seq.) of this chapter may be revoked in accordance with the provisions of
§58. 1-3605. For purposes of subsection D of§581.-3651 "a classification exemption
c/aimed by an organization" as of January 1, 2003, means that the organization owns
property in a locality that is not being taxed by the locality on December 31, 2002, by
virtue of a classification exemption provided under Article [3] (§58. 1-3609 et seq.) of this
chapter. Such claim of exemption applies to each such locality in which such an
organization owns property that is not being taxed on December 31, 2002, and only to
each such locality.
Step 1.
Any organization planning to seek tax-exempt status for its real and/or personal
property must first request in writing on the organization's letterhead a determination
from the Commissioner of the Revenue whether the organization is already eligible for
tax-exempt status by classification or designation per Title 58.1, Chapter 36 - Tax
Exempt Property, of the Code of Virginia (1950), as amended. The organization must
include a written description of the intended use of the property for which tax exemption
is being requested.
The Commissioner of the Revenue will respond to the organization in writing after a
determination of tax-exempt status has been made. If the organization is already
eligible for tax-exempt status and the intended use of the property is determined to be
consistent with the mission of the organization, the organization will be so informed in
writing.
If the organization is not. already eligible for tax-exempt status, the organization should
then proceed to Step 2.
Step 2.
For calendar 2003, the organization must file a petition with the City Clerk by June Ist in
order to be considered for tax-exempt status by City Council for the next tax year
beginning July 1% The petition must include the following information (see attached
petition template):
Step 3.
Descriptive information regarding the organization and the nature of its
request;
Legal basis for the request referencing the appropriate section of the State
code;
Statement that the Commissioner of the Revenue has determined the
organization is not already eligible for tax-exempt status by classification or
designation (see Step 1 .) - a copy of the written determination must be
attached to the petition;
Statement that the organization agrees to pay to the City an annual service
charge equal to twenty percent of the real estate tax levy that would be
applicable to the real property of the organization if the organization were not
exempt from such taxation, for as long as the tax exemption is in effect;
Statement that the organization, if located within a service district, agrees to
pay to the City an annual service charge equal to the additional service
district tax that would be levied, for as long as the tax exemption is in effect,,
Responses to questions set forth in subsection B of Section 58.1-3651 of the
Code of Virginia (1950), as amended; and
Statement that the organization agrees, if approved for tax-exempt status, to
provide information to the Director of Real Estate Valuation upon request to
allow a triennial review of the tax-exempt status of the organization.
Petitions forwarded by the City Clerk to the City Manager by April 15~h for evaluation and
recommendation to City Council will have an effective date of July Isr. Petitions
forwarded by the City Clerk to the City Manager by October 15~h for evaluation and
recommendation to City Council will have an effective date of January 1s¢. The City
Attorney will prepare an ordinance for adoption by City Council.
The ordinance exempting property shall be adopted only after holding a public hearing
with respect thereto, at which citizens shall have an opportunity to be heard. The City
Clerk shall publish notice of the hearing once in a newspaper of general circulation in
the city. The notice shall include the assessed value of the real and tangible personal
property owned by the organization requesting the exemption as well as the property
taxes that either were paid or would have been paid in the most recent year. The public
hearing may not be held until at least (5) days after the notice is published in the
newspaper. The City may collect the cost of publication from the organization
requesting the property tax exemption. Before adopting any such ordinance City
Council shall consider the following questions:
a. Whether the organization is exempt from taxation pursuant to § 501 (c)
of the Internal Revenue Code of 1954;
b. Whether a current annual alcoholic beverages license for serving
alcoholic beverages has been issued by the Virginia Alcoholic
Beverage Control Board to such organization, for use on such
property;
c. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or
employee actually renders;
d. Whether any part of the net earnings of such organization inures to the
benefit of any individual, and whether any significant portion of the
service provided by such organization is generated by funds received
from donations, contributions or, local, state or federal grants. As used
in this subsection, donations shall include the providing of personal
services or the contribution of in kind or other material services;
e. Whether the organization provides services for the common good of
the public;
f. Whether a substantial part of the activities of the organization involves
carrying on propaganda, or otherwise attempting to influence
legislation and whether the organization participates in, or intervenes
in, any political campaign on behalf of any candidate for public office;
g. Whether any rule, regulation, policy, or practice of the organization
discriminates on the basis of religious conviction, race, color, sex or
national origin;
h. The revenue impact to the locality and its taxpayers of exempting the
property; and
i. Any other criteria, facts and circumstances that the Council deems
pertinent to the adoption of such resolution.
Exemptions of property from taxation shall be strictly construed in accordance with
Article X, Section 6 (f) of the Constitution of Virginia.
The ordinance will identify what kind of exemption the ordinance extends the
organization: religious, charitable, patriotic, historical, benevolent, cultural or public park
and playground purposes.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #2-60-166-237
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. 36333-051903 authorizing acquisition and demolition
of certain property located at 1428 10th Street, which is subjective to repetitive flooding,
under the Federal Emergency Management Agency's Hazard Mitigation Grant Program
and the Commonwealth of Virginia Department of Emergency Management's Hazard
Mitigation Grant Program, upon certain terms and conditions; authorizing the closing of the
10th Street Hazard Mitigation Grant 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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc: Jesse A. Hall, Director of Finance
Phillip C. Schirmer, City Engineer
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36333-051903.
AN ORDINANCE authorizing the acquisition and demolition of certain
property located at 1428 l0th Street, which is subjective to repetitive flooding, under the Federal
Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program and the
Commonwealth of Virginia Department of Emergency Management's (VDEM) Hazard
Mitigation Grant Program, upon certain terms and conditions; authorizing the closing of the l0th
Street Hazard Mitigation Grant Program; 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 City Manager is authorized to execute the necessary documents, upon form
approved by the City Attorney, to acquire the real property located at 1428 l0th Street, bearing
Official Tax Nos. 2130614 and 2130615, owned by Mr. Ali Ababseh, subject to the City
obtaining an acceptable title report, for the consideration of $100,000.00, under the Federal
Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program and the
Commonwealth of Virginia Department of Emergency Management's (VDEM) Hazard
Mitigation Grant Program, and to demolish the structure located thereon, upon the terms and
conditions contained in the City Manager's May 19, 2003, letter to City Cotmcil.
2. Upon completion of the demolition of the structure located on this property, the
l0th Street City Hazard Mitigation Grant Program is to be closed in accordance with the
requirements of the Federal Emergency Management Agency.
exercised, the subsequent sale of such Property, and for related matters, as referred to in
the above-mentioned letter.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #2-60-166-237
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. 36332-051903 amending and reordaining certain
sections of the 2002-03 Capital Projects and Grant Funds Appropriations, providing for
appropriation of funds in connection with property acquisition at 1428 10th Street, N. W.;
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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Phillip C. Schirmer, City Engineer
Barry L. Key, Director, Office of Management and Budget
N:~CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36332-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects 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 Capital Projects and Grant Funds 'Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Capital Projects Fund
Appropriations
Nondepartmental $ 2,003,070
Transfer to Other Funds (1) ..................................................................... 2,003,070
Recreation $ 25,762,128
Lick Run Greenway (2) ............................................................................ 1,004,540
Grant Fund
Appropriations
Parks, Recreation and Cultural
Hazard Mitigation (3-4) ..................................................................
Revenues
$ 191,400
161,400
Parks, Recreation and Cultural
Hazard Mitigation (5-6) ............................................................................
1) Transfer to Grant Fund
2) Appropriated from
General Revenue
3) Appropriated from
General Revenue
4) Appropriated from
State Grant Fund
5) State Grant Receipts
(008-530-9712-9535) $ 8,070
(008-530-9754-9003) (8,070)
(035-530-3510-9003) 8,070
(035-530-3510-9007) 153,330
(035-530-3510-3511) 153,330
$ 191,400
161,400
6) Local Match (035-530-3510-3510) $ 8,070
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 24Ol1-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Property Acquisition of
1428 10th Street -
Property Located in the
Flood Plain
The City of Roanoke has been awarded a grant from the Federal Emergency Management
Agency (FEMA) and Commonwealth of Virginia Department of Emergency Management
(VDEM) through its Hazard Mitigation Grant Program (HMGP). The purpose of this grant is
to remove a building located at 1428 10th Street, which is subject to repetitive flooding. Of
the existing 987 Elevation Certificates city-wide, this property is at the top of the list for
flood vulnerability. During the 1985 flood of record, the depth of water reached 10.7' above
the bottom floor elevation.
The property was appraised by Miller, Long & Associates, Inc. in November 2002. Miller,
Long & Associates determined the market value to be $100,000. The HMGP program is
entirely voluntary. Mr. Ali Ababseh, the property owner, was notified of the appraisal and at
his request, the city pursued the grant. The current tenants will be relocated, following the
requirements of the grant. After the relocation is completed, the building will be
demolished.
The total project cost estimate is $161,400 which includes the property purchase,
relocation and demolition. The HMPG award will cover $153,330 of the proposed cost.
The remaining funding of $8,070 is available in the Capital Projects Fund Lick Run
Greenway account.
Honorable Mayor and Members of Council
May 19, 2003
Page 2
Authorization is needed to move forward with procurement of title work, document
preparation related to acquisition of the necessary property rights and the eventual
demolition of the structure.
Recommended Actions:
Authorize the City Manager to execute the necessary documents, in a form approved
the City Attorney to purchase the real property owned by Mr. Ali Ababseh at 1428 10
Street, N.W., Tax Map Numbers 2130614 and 2130615.
Authorize the demolition of the structure and close the 10th Street Hazard Mitigation Grant
Program grant in accordance with the requirements of the Federal Emergency
Management Agency.
Create an account titled Hazard Mitigation Grant - 1428 10th Street and establish revenue
estimates in the amount of $121,050 from FEMA and $32,280 from VDEM in the Grant
Fund. Transfer $8,070 from the Capital Projects Fund Lick Run Greenway account 008-
530-9754 to the Grant Fund Hazard Mitigation Grant - 1428 10th Street account·
Respectfully submitted,
City Manager
DLB:CAB:na
c~
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
CM03-00081
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 5, 2003
File #2-237
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,
May 19, 2003, Council Member Cutler inquired if buildings along Ore Branch between
Cycle Systems, Wonju Street and the Roanoke River would be eligible for acquisition and
demolition under FEMA's Hazard Mitigation Grant Program.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
CIT,Y.. OF ROANOKE
Off~ce of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #2-237
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. 36334-051903 amending and reordaining certain
sections of the 2002-03 General and Civic Center Funds Appropriations, providing for
transfer of $400,000.00, in connection with property acquisition at 1428 10th Street, N. W.;
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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Phillip C. Schirmer, City Engineer
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36334-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General and Civic Center 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 Civic Center 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 (1-2) .................................................................. $ 75,431,479
74,254,754
Civic Center Fund
Appropriations
Capital Outlay $ 4,915,862
Civic Center Expansion/Renovation Phase II (3) ..................................... 1,403,000
Revenues
Transfer from General Fund (4) ............................. . $
1) Transfer to
Capital Projects Fund
2) Transfer to
Civic Center Fund
3) Appropriated to
General Revenue
4) Transfer from
General Revenue
(001-250-9310-9508)
(001-250-9310-9505)
(005-550-8616-9003)
(005-110-1234-0951)
$ (400,000)
400,000
400,000
400,000
1,555,630
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
May19,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Hards, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Appropriation of funds for Civic
Center Waterproofing Project
The existing exhibit hall directly under the plaza area has had problems with leaks for several years.
Waterproofing the plaza by installing a new membrane roof will correct this problem and allow the space to
be converted into meeting rooms.
Funding in the amount of $400,000 is needed for the project, and is available in the General Fund Transfer
to Capital Projects Fund account (001-250-9310-9508) and may be transferred to the Civic Center Fund
Expansion/Renovation Phase II account (005-550-8616-9003).
Recommended Action:
Transfer $400,000 from the General Fund Transfer to Capital Projects Fund account (001-250-9310-9508)
to the Civic Center Fund Expansion/Renovation Phase II account (005-550-8616-9003).
Respectfully submitted,
City Manager
DLB/SEF
C;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOICE
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~¢i.roanoke.va.us
May 28, 2003
File #80-223-392
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
I am enclosing copy of a communication from the City Manager in connection with
changing the name of the Railside Linear Walk to the O. Winston Link Railwalk, which
communication was before the Council of the City of Roanoke at a regular meeting held
on Monday, May 19, 2003.
The matter was referred to the City Planning Commission for study, report and
recommendation to Council.
Council Member Fitzpatrick suggested that there be recognition of local persons as a part
of the naming of the rail walk in addition to the O. Winston Link connotation; i.e.: President
or Chair of Norfolk and Western Railway.
MFP:mh
Mary F. Parker, CMC
City Clerk
Enclosure
pc;
Darlene L. Burcham, City Manager
Phillip C. Schirmer, City Engineer
N:\CKMHl~Aoenda.O3\Mav 19. 2003 corresDondence.wpd
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick Jr., Council Member
Honorab e Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Naming of Railside Linear Walk Project
Construction of the Railside Linear Walk project has been a multi-year project linking the
downtown market with the Transportation Museum, and honoring Roanoke's railroad history. In
light of Roanoke's rich railroad heritage and O. Winston Link's significant contribution to Roanoke's
culture and art, it is proposed that the rail walk be named the "O. Winston Link Railwalk", in his
honor. Currently the restoration of the historic N & W passenger station is underway, which will
house the "O. Winston Link Museum", with a projected completion date of August, 2003.
Recommended Action:
Council adopt a resolution changing the name of Railside Linear Walk to O. Winston Link Railwalk.
R e.~pect f~ub..m itt e d,
arlene L. Burdham
City Manager
DLB/SEF
O:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
#CM03-00087
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
A RESOLUTION renaming the Railside Linear Walk as the O. Winston Link
Railwalk.
WHEREAS, O. Winston Link developed a world-wide reputation for his memorable
black and white photographs of steam locomotives;
WHEREAS, O. Winston Link made numerous trips to Roanoke to photograph the last
steam railroad in the country, the Norfolk & Western Railway Company;
WHEREAS, the world's only museum dedicated to O. Winston Link's photographs
will be in the renovated Passenger Station located in the downtown market area;
WHEREAS, the Railside Linear Walk links the downtown market area with the
Transportation Museum via Norfolk Avenue from Third Street, S.W., to Market Street, S.E.;
and
WHEREAS, the Railside Linear Walk provides recreational opportunities for the
citizens in the Roanoke Valley to enjoy walking, jogging, bicycling and other forms of
recreation and access to the O. Winston Link museum.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The name of the Railside Linear Walk is hereby changed to the O. Winston Link
Railwalk to reflect the significant contribution of O. Winston Link's photographs to
H:\RESOLUTIONS\R-OWi~utonLink051903.wpd
Roanoke's culture and art.
2. The City Manager is requested to cause this renaming to be noted with the
installation of appropriate signs to indicate the change in the name of the Railside Linear
Walk to the O. Winston Link Railwalk.
ATTEST:
City Clerk.
H:\RESOLUT[ONS~?.-OW h~s tonLixdc051903, wpd
CITY OF RO_..ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #60-412
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. 36336-051903 authorizing a six-month extension of
an Agreement that became effective on April 1, 2002, with Kaufman and Canoles
Consulting, L.L.C., for air service enhancement activities, accepting funds from the Fifth
Pla nning District Regional Alliance and a commitment for funds from Roanoke County, and
concurring with the determination of the Director of General Services that Kaufman and
Canoles Consulting, L.L.C., is the only source practicably available to perform such air
service enhancement activities.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, May 19, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc;
Barry E. DuVal, President, Kaufman and Canoles Consulting, L.L.C., 11817 Canon
Boulevard, Suite 400, Newport News, Virginia 23606
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
Darlene L. Burcham
May 28, 2003
Page 2
pc:
Elizabeth S. Doughty, Chair, Fifth Planning District Regional Alliance, Roanoke
Regional Chamber of Commerce, 212 South Jefferson Street, Roanoke, Virginia
24011-1702
Diane S. Childers, Clerk to the Board of Supervisors, Roanoke County, P. O. Box
29800, Roanoke, Virginia 24018-0798
Jesse A. Hall, Director of Finance
Jeffrey H. Powell, Director, General Services
Barry L. Key, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
Ro. 36336-051903.
A RESOLUTION authorizing a six-month extension of an Agreement that became
effective April 1, 2002, with Kaufman and Canoles Consulting, LLC ("KCC"), for air
service enhancement activities, accepting funds from the Fifth Planning District Regional
Alliance and a commitment for funds from Roanoke County, and concurring with the
determination of the Director of General Services that KCC is the only source practicably
available to perform such air service enhancement activities.
WHEREAS, the City and KCC have entered into an Agreement that became
effective April 1, 2002 ("Agreement"), for air service enhancement activities;
WHEREAS, because of the importance of the services provided by KCC, the City
believes that the Agreement should be extended for six (6) months from April 1, 2003,
with an option to further extend the Agreement on a month-to-month basis for up to an
additional six (6) months;
WHEREAS, the Director of General Services has determined that KCC is the only
source practicably available to continue such air service enhancement activities due to the
extensive involvement and experience of KCC to date in assisting with the establishment
of the Roanoke Regional Airport Alliance and representing the City to the business
community and potential air carriers, and the steep learning curve involved in performing
such activities;
WHEREAS, Council concurs in the determination of the Director of General
Services on the sole source determination; and
WHEREAS, the Fifth Planning District Regional Alliance has been asked to make
available to the City $7,470.00 for the extension of the Agreement, and Roanoke County
has agreed to share equally with the City the costs of extending the Agreement in an
amount equal to $8,193.00.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. For the reasons set forth in the City Manager's letter dated May 19, 2003,
to Council, Council does hereby concur in the determination of the Director of General
Services that Kaufman and Canoles Consulting, LLC, is the only source practicably
available to provide continued air service enhancement activities.
2. The City Manager and the City Clerk are authorized to execute and attest,
respectively, for and on behalf of the City, upon form approved by the City Attorney,
Amendment No. 1, extending the Agreement that became effective April 1, 2002, with
Kaufman and Canoles Consulting, LLC, for six (6) additional months, at an additional
cost of $23,856.00, with an option to extend the Agreement, as amended, on a month-to-
month basis for up to an additional six (6) months, for continued air service enhancement
activities, all as more fully set forth in the above-referenced letter.
3. The City Manager is authorized to accept $7,470.00 from the Fifth
Planning District Regional Alliance and $8,193.00 from Roanoke County on the terms
and conditions, and for the purpose, set forth in the above-referenced letter.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #60-412
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36335-051903 amending and reordaining certain
sections of the 2002-03 General and Grant Funds Appropriations, providing for
appropriation of $7,470.00 in Regional Competitiveness Funds and $8,193.00 from
Roanoke County, in connection with air service enhancement; 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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36335-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General and Grant Funds Appropriations, and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 General and Grant Funds Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental $
Transfer to Other Funds (1) .....................................................................
Contingency - General Fund (2) .............................................................
Grant Fund
75,431,479
74,262,947
110,976
Appropriations
Community Development $ 4,600,548
Regional Competitiveness Program (3) ................................................... 85,056
Revenues
Community Development $
Regional Competitiveness Program (4-6) ................................................
1) Transfer to Grant Fund
2) Contingency
3) Fees for Professional
Services
4) State Grant
5) Local Match - City
6) Local Match - County
(001-250-9310-9535)
(001-300-9410-2199)
(035-410-9750-2010)
(035-410-9750-9753)
(035-410-9750-9751)
(035-410-9750-9752)
$ 8,193
(8,193)
23,856
7,470
8,193
8,193
4,600,548
85,056
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, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 8532333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Acceptance and Appropriation of
Regional Competitiveness Funds
and Amendment of Kaufman and
Canoles Consulting, LLC, (KCC)
Agreement
Background:
In March, 2001, the City of Roanoke was awarded $45,000 in Regional Competitiveness
Funds, a state program administered locally by the Fifth Planning District Regional Alliance.
Of this amount, $25,000 was provided to the City to help fund the air service enhancement
activities being undertaken by KCC. Recently, the City requested that $12,530 of the
original $45,000 grant be released to the Roanoke Regional Airport Alliance to assist with
the Campaign for Fair Airfares. At the same time, the Fifth Planning District Regional
Alliance was asked to make available to the City the balance of $7,470 remaining from the
original $45,000. This $7,470 would become part of the funding needed to extend the
City's agreement with KCC.
Considerations:
The extension of the agreement with KCC represents a sole source procurement action on
the part of the City. That is, the City is not soliciting competing proposals to continue the
consulting services that KCC has been providing. This action is deemed appropriate and
consistent with the rules of the Virginia Procurement Act due to the extensive involvement
and experience of KCC to date in assisting with the establishment of the Roanoke Regional
Airport Alliance and representing the City to the business community and potential air
carriers. Choosing another consultant at this stage would be disruptive due to the steep
Mayor and Members of Council
May 19, 2003
Page 2
learning curve involved and would, thus, adversely affect the City's ability to achieve its
ultimate project goal of attracting the services of a Iow-fare air carrier. Therefore, a change
of consultant at this stage would be contrary to the public interest.
Expenses under the original agreement with KCC were less than anticipated; therefore,
only $23,856 in additional funds will be needed for a six-month extension. Roanoke
County has agreed to share equally with the City the costs of the KCC extension not
covered by the $7,470 in Regional Competitiveness Funds. Thus, the City and County
shares will each be $8,193. The County will provide its funds on a reimbursable basis.
The City and County funds together will satisfy the dollar-for-dollar match required by the
Regional Competitiveness Funds.
Because of the importance of the services provided by KCC, the extension is being written
for a six-month period, with options to renew for a further six months thereafter. Further,
given that the increase in funds is less than $25,000, §2-124(b) the City Code provides the
direct authority to the City Manager to execute the amendment.
Recommended Actions:
Accept the additional $7,470 in Regional Competitiveness Funds and the commitment
of $8,193 from Roanoke County. Increase the corresponding revenue estimates and
appropriate these funds to the Regional Competitiveness Program account (035-410-
9750-2010) in the Grant Fund; and
2. Transfer $8,193 from the General Fund Contingency account (001-300-9410-2199) to
the same Grant Fund account.
City Manager
DLB:fb
Attachments
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
CM03-00088
AMENDMENT No. 1
This Amendment No. 1 is entered into this 31st day of March, 2003, by and between the City of
Roanoke ("the City") and Kaufman and Canoles Consulting, LLC ("KCC").
WITNESSETH:
WHEREAS, in the interest of enhancing air carrier services to the Roanoke Regional Airport, the
City and KCC entered into a consulting services Agreement ("Agreement") as of April 1,2002; and
WHEREAS, by Ordinance No. 35984-071502 the Roanoke City Council appropriated funds
therefor; and
WHEREAS, the City and KCC desire to continue the productive relationship which has ensued
under the Agreement;
NOW THEREFORE, the City and KCC do mutually agree to this Amendment No. 1 to the
Agreement as follows:
1. Page 4, "TIME COMMITMENT", shall be revised to extend the period during which KCC will
provide consultant services and shall read:
TIME COMMITMENT
Mr. DuVal shall provide these services for a period beginning April 1,2002, and ending
September 30, 2003. During this period, Mr. DuVal shall work on the City's behalf and shall be
available to meet with leadership of the City a minimum of 1Y2 to 2 days each month.
Page 4, "COMPENSATION", shall be revised to increase the funds committed to the
Agreement from $61,200 to $85,056 and shall read:
COMPENSATION
The City shall provide KCC with a monthly retainer in the amount of $4,100.00, for a total
of $73,800.00 for the eighteen-month period that services have been retained.
In addition, KCC shall be reimbursed for normal expenses incurred while conducting
business for the City. These expenses include travel, lodging, meals, and telephone calls, and
Page 1 of 3 Pages
will be billed at cost. Absent the prior written approval of the City, such reimbursements shall
not exceed $11,256.00, which represents the actual reimbursements of $5,256.00 made for
the period from April 1, 2002, through March 31,2003, plus a maximum of $6,000.00 to be
made available for the period from April 1,2003, to September 30, 2003. Properly submitted
invoices shall be paid within thirty (30) days of the invoice date. All past due amounts shall
accrue interest at the rate of one and one-half percent (1¥2%) per month until paid.
Page 4, "OTHER PROVISIONS", shall be revised by inserting a new subsection VI (on page 6)
to allow for a further extension of the agreement for up to six additional months; the new
subsection shall read:
VI.
This agreement may be extended on a month-to-month basis for a period of up to six
additional months, that is, through March 31,2004, by mutual written consent of the City
and KCC. Each month that the agreement is so extended shall provide the same
$4,100.00 monthly retainer to KCC, plus reimbursement for monthly expenses not to
exceed $1,000.00 per month.
The Agreement, dated April 4, 2002, shall remain unchanged in all other terms and provisions.
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the day
and year hereinabove written:
ATTEST:
FOR THE CITY:
By By
Man/F. Parker, City Clerk
Darlene L. Burcham, City Manager
ATTEST:
FOR KCC:
By By
Barn/E. DuVal, President
APPROVED AS TO FORM
APPROVED AS TO EXECUTION
Assistant City Attorney
Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Director of Finance
Date
Account # 035-410-9750-2010
Page 3 of 3 Pages
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOI4E
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 28, 2003
File #293-336
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
David L. Kjolhede, Executive Director
Roanoke Valley Convention and Visitors Bureau
114 Market Street
Roanoke, Virginia 24011
Dear Mr. Kjolhede:
I am enclosing copy of Resolution No. 36337-051903 authorizing an agreement with the
Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in
the Roanoke Valley, in an amount not to exceed $847,440.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, May 19, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
N:\CKMHl~Aoenda.03\Mav 19. 2003 corresoondence.wod
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of blay, 2003.
No. 36337-051903.
A RESOLUTION authorizing an agreement with the Roanoke Valley Convention and
Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley.
BE 1T RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized to execute and to attest,
respectively, an agreement with the Roanoke Valley Convention and Visitors Bureau for a term of
one year, from July 1,2003, through June 30, 2004, unless sooner terminated in accordance with the
provisions of the agreement, for the purpose of increasing tourism and marketing the Roanoke Valley
as a regional destination for convention, conference, leisure and business travel, all as mom fully set
forth in the City Manager's letter to this Council dated May 19, 2003.
2. The contract amount authorized by this resolution shall not exceed $847,440 without
further Council authorization, except for the adjustment which the Director of Finance is authorized
to make in accordance with the agreement.
3. Such agreement shall be in such form as is approved by the City Attorney, and shall
be substantially similar to the one attached to the above mentioned letter.
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
May 19, 2003
The Honorable Ralph K. Smith, Mayor
The Honorable Nelson Harris, Vice-Mayor
The Honorable William Bestpitch, Council Member
The Honorable Rupert Cutler, Council Member
The Honorable Alfred Dowe, Council Member
The Honorable Beverly Fitzpatrick, Jr., Council Member
The Honorable Linda Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: FY 2003-2004 Roanoke Valley
Convention and Visitors Bureau
Agreement
The City of Roanoke has annually entered into an Agreement with the Roanoke Valley
Convention and Visitors Bureau (RVCVB) to provide funding for marketing the Roanoke
Valley as a convention and destination tourism site. As part of annual budget adol~ted
by City Council on May 12, 2003, the Memberships and Affiliations budget includes
funding of $541,440 specifically designated for the RVCVB. An additional $306,000 is
designated in the annual budget for marketing efforts and will go to the RVCVB, subject
to an adjustment provision. The additional $306,000 will be adjusted by the Director of
Finance up or down at the end of the fiscal year based on an amount equal to the actual
revenues collected from the previously enacted one percent increase in the transient
occupancy tax.
The City has negotiated a one year agreement commencing July 1,2003 (attached)
with the RVCVB detailing the use of these funds. The agreement provides for the same
number of City of Roanoke representatives on the RVCVB Board of Directors as last
year, but changes the method of selection to that set forth in paragraph 8 of the
agreement, in accordance with the City Manager's recommendation. The agreement
also contains a mutual indemnity clause, paragraph 9, which required approval of
Council. The RVCVB submitted a detailed report listing the accomplishments made
through April 2003, and an annual budget and work plan for 2003/2004 will be
submitted to the City Manager for review and approval, upon approval of the RVCVB
Board of Directors.
Mayor Smith and Members of Council
May 19, 2003
Page 2
Recommendation:
Authorize the City Manager to execute an Agreement in the amount of $847,440 with
the RVCVB, in a form approved by the City Attorney, substantially similar to the one
attached hereto for the express purpose of marketing the Roanoke Valley as a regional
destination for convention and destination tourism. Also, authorize the Director of
Finance to make the adjustment mentioned above as set forth in the Agreement.
DLB:ean
Respectfully submitted,
City Manager
Attachments
c: Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Beth Neu, Director of Economic Development
David Kjolhede, Executive Director, RVCVB
CM03~00090
AGREEMENT
THIS AGREEMENT, dated July 1, 2003, is by and between the ROANOKE VALLEY
CONVENTION AND VISITORS BUREAU, a corporation organized under the laws of the
Commonwealth of Virginia (hereinafter "RVCVB") and the CITY OF ROANOKE, a municipal
corporation of the Commonwealth of Virginia (hereinafter "City").
WHEREAS, the RVCVB is a "REGIONAL DESTINATION MARKETING
ORGANIZATION" whose mission is to market the entire Roanoke Valley as an exciting destination
for Convention and Leisure travel;
WHEREAS, the City is the largest contributor and with its concentration of hotels,
conference center, convention facilities, shopping, dining and attractions, realizes enhancement of its
tax revenues as a result of the RVCVB marketing efforts;
WHEREAS, the City desires to render aid and provide support to the RVCVB to assist in the
promotion of the Roanoke Valley as a destination or meeting site for Visitors, including tourists,
conventions and meeting groups, special event visitors and commercial travelers;
WHEREAS, the City desires to appropriate $847,440 (subject to an adjustment as set forth
herinafter in Paragraph 4) to the RVCVB for the express purpose of increasing tourism activities,
which is an increase of $20,286 from last year's appropriation;
WHEREAS, the City desires to formalize its relationship with RVCVB in an effort to
increase the revenue enhancement derived from tourism activity; and
WHEREAS, the City desires to assure that its appropriation of funds be used for these
purposes.
THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties do
hereby agree as follows:
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C:\DOCUME- I\CMSM 1 000~LOCALS- 1 \TEMP\C.LOTUS.NOTES.DATA\RVCVB03.04.CONTRACT.FOUR.DOC
1. Term. The term of this Agreement shall be for a one-year period, from July 1, 2003,
through June 30, 2004.
2. Services. Funds made available to RVCVB by the City will be applied to provide
additional services resulting directly or indirectly in income producing activities, including but not
limited to:
(a) Direct sales programs.
(b) Sales promotions.
(c) Servicing conventions.
(d) Marketing/communications.
(e) Identify product need (new and improved facility and attractions).
(f) Coordination with other City and Civic agencies and businesses involved in the
growth of the Roanoke Valley.
(g) Staff and run a Visitors' Center.
(h) Promote and sell the Roanoke Valley as a convention and tourist destination.
Work Program/Budget. No later than July 30, 2003, the RVCVB shall submit to the
City Manager for approval a work program, marketing plan and budget setting forth in reasonable
detail the activities planned for the year and the anticipated expenditures of City funds involved. The
marketing plan shall be in sufficient detail as to determine the strategy RVCVB will be pursuing in
promoting and selling the Roanoke Valley as a destination for group meetings, i.e. conferences and
conventions as well as tourists. Such items shall detail how the funds will be expended on specific
marketing initiatives. The City Manager shall approve or otherwise respond to the proposed work
programs, marketing plan and budget no later than August 22, 2003 in order that any necessary
modifications be settled upon on or before August 29, 2003. Monthly reports outlining progress on
convention sales, tourism activities and groups booked, bus tour activity, bookings and other
information as deemed to be necessary by the City shall be submitted by the RVCVB to the City's
Director of Economic Development. The lack of any written response by the City's Director of
Economic Development requesting redirection of efforts within ten (10) days of receipt of each
monthly report will denote satisfaction with RVCVB efforts.
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4. Funding.
A. The City agrees to provide funding to RVCVB in the amount of Eight Hundred
Forty-Seven Thousand Four Hundred Forty Dollars ($847,440), subject to an adjustment as set forth
in 4(B) below. The total amount shall be paid quarterly in equal payments of $211,860 on or before
the last day of July 2003, September 2003, December 2003, and March 2004.
B. Within thirty (30) days after the end of the riscal year, June 30, 2004, the Director of
Finance will make an adjustment to the amount of funding under this Contract to the RVCVB. Such
adjustment will be either an increase or decrease to the amount set forth in 4(A) above. The increase
or decrease in the funds provided to the RVCVB will be an amount equal to the difference between
the amount of revenues actually received by the City from the previously increased one percent
portion of the transient occupancy tax for the fiscal year ending June 30, 2004, and the estimated
revenues from such source of $306,000 for that fiscal year. If there is an increase in such revenues,
the amount of such increase will be paid by the City to the RVCVB at the close of the fiscal year to
the extent of any shortfall in its operating budget under this Contract, but only up the amount of such
shortfall. Otherwise, any such funds will not be paid to RVCVB. Furthermore, if there is a decrease
in the amount of revenues mentioned above, the amount of such decrease will be requested in the
form of a repayment from the RVCVB to the City at the close of the fiscal year. The RVCVB will
pay the City the amount of such decrease within thirty (30) days after receiving written notice from
the City to do so.
5. Subcontracting. It is understood that RVCVB may from time to time contract with
firms and individuals for the acquisition of goods or services in the furtherance of the activities
contemplated by this Agreement. RVCVB shall not enter into any contract relating to activities
contemplated by this Agreement or involving the expenditure of funds provided to RVCVB by the
City under this Agreement, where the amount of such contract is $5,000 or more, without written
C:~)OCUME~ I\CMSM 1.000\LOCALS~ 1 \TEMP\C.LOTUS.NOTES.DATA~RVCVB03.04.CON IT~\CT. FOUR.DOC
authorization of the City Manager unless the nature of the goods or services to be acquired were
disclosed in the work program or annual plan and budget submitted for the year.
6. Books and Records, Audits. RVCVB shall keep accurate books and records. Both
monthly P&L and Income Statements as well as an audited financial statement shall be made
available to the City upon request. Additionally, RVCVB shall make such books and records
available to the Municipal Auditor of the City or other independent auditor selected by the City
during its regular office hours.
7. Contacts with Prospective Clients. As specified in paragraph 3, the RVCVB shall
inform the City's Director of Economic Development on a regular basis of work in progress at the
RVCVB. A representative from the City shall have the right to be present at any formal bid
presentations made to any potential group meeting or business meeting.
8. Board of Directors. City Council shall appoint one person a]~membert of the Board
of Directors of the RVCVB. Such appointee shall have full voting rights and privileges during the
term of this Agreement and shall serve on the Board at the pleasure of City Council. In addition, the
City Manager, the City's Director of Economic Development or her designee, the Chairman of the
Hotel Roanoke Conference Center Commission or his designee, and the Chairman of the Roanoke
Civic Center Commission or his designee, shall be members of the Board, with full voting rights and
privileges during the term of this Agreement.
9. Indemnification. To the extent permitted by law, each party shall indemnify and hold
harmless the other party, its officers, agents and employees, from any and all claims, legal actions
and judgments advanced against it or its officers, agents or employees, and for expenses it may incur
in this regard, arising out of the other's negligent acts or omissions, with respect to carrying out this
Agmement.
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10. Insurance. RVCVB shall obtain and maintain during the life of this Agreement a
policy or policies of commercial general liability insurance with an insurance company or companies
licensed to do business in Virginia, which policy or policies shall provide coverage with respect to
claims arising out of the subject matter of this Agreement. The amount of such insurance shall not
be less than $1,000,000. RVCVB shall also obtain and maintain during the life of this Agreement
Directors and Officers Liability insurance in the amount of $1,000,000 per occurrence providing
coverage, including defense costs, with respect to claims arising out of the subject matter of this
Agreement. All such policies shall be occurrence policies and shall name the City of Roanoke, its
officers, agents, employees and representatives as additional insureds under the commercial general
liability policy and, if possible, under the Directors and Officers Liability policy. RVCVB shall
provide the City with certificates of insurance for each of the above policies and each certificate shall
contain substantially the following statement: "The insurance coverage provided by this certificate
shall not be canceled or materially altered except after thirty (30) days written notice has been
provided to the City of Roanoke."
11. Assignment. Neither the City nor RVCVB may assign its rights or obligations
hereunder without the prior written consent of the other.
12. Notices. Any notices required by the terms of this Agreement shall be deemed to
have been given when delivered in person to or deposited in the U.S. mail, via first class postage,
addressed: (a) If to the City:
City Manager
City of Roanoke
Noel C. Taylor Municipal Building, Room 364
215 Church Avenue, S. W.
Roanoke, Virginia 24011
And
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Director of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA 24011
(b) If to the RVCVB:
Executive Director
Roanoke Valley Convention and Visitors Bureau
Marketplace Center
114 Market Street
Roanoke, Virginia 24011
or at such other address as each party may designate for itself by giving at least five (5) days prior
written notice to the other party.
13. Nondiscrimination.
A. During the performance of this Agreement, the RVCVB agrees as follows:
1. RVCVB 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 RVCVB.
RVCVB agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
2. RVCVB, in all solicitations or advertisements for employees placed by or on
behalf of RVCVB will state that RVCVB is an equal employment
opportunity employer.
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C:\DOCUME -- 1 \CMSM 1.000\LOCALS - 1 \TEMP\C.LOTUS.NOTES.DATA~RVCVB03.04.CONTRACT. FOUR.DOC
3. 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.
B. RVCVB will include the provisions of the foregoing subparagraphs (A)(1), (2) and
(3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the
provisions will be binding upon each subcontractor or vendor.
14. Drug Frae Workplace.
(A) During the performance of this Contract, the RVCVB agrees to (i) provide a drug
free workplace for the RVCVB'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 RVCVB'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 RVCVB that RVCVB 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.
(B) 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.
15. Faith Based Organizations. Pursuant to Virginia Code Section 2.2 - 4343.1, be
advised that the City of Roanoke does not discriminate against faith-based organizations.
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l 6. Termination. The City may terminate this Agreement at any time if RVCVB applies
funds paid to RVCVB by the City for any purpose other than the purposes contemplated by this
Agreement, provided that reasonable notice and opportunity to cure shall first be afforded, or if
RVCVB fails to perform any of the other obligations under this Agreement or as otherwise allowed
by law. Upon termination of this Agreement, the number of City representatives on the Board of
Directors of RVCVB shall be reduced to two (2). In such event, the City Manager shall designate the
City's representatives to remain on the Board or in the event the City Manager does not so designate
within 14 days of termination of the contract, the President of RVCVB shall make the designation.
17. Duplicate Originals. This Agreement may be executed in duplicate, each of which
shall be deemed to be an original and all of which will be deemed to represent one and the same
Agreement.
18. Nonwaiver. RVCVB agrees that the City's waiver or failure to enforce or require
performance of any term or condition of this Agreement or the City's waiver of any particular breach
of this Agreement by RVCVB 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 Agreement or a waiver of any other breaches
of the Agreement by RVCVB and does not bar the City from requiring RVCVB to comply with all
the terms and conditions of the Agreement and does not bar the City from asserting any and all rights
and/or remedies it has or might have against RVCVB under this Agreement or by law.
19. Cooperation. Each party agrees to cooperate with the other in executing any
documents necessary to carry out the intent and purpose of this Agreement.
20. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supersedes all prior agreements between the parties. No amendment to this Agreement
will be valid unless made in writing and signed by the appropriate parties.
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IN WITNESS WHEREOF, the City and the RVCVB have caused this Agreement to be
executed and sealed by their respective authorized representatives.
ATTEST:
Mary F. Parker, City Clerk
ATTEST:
Printed Name and Title
Approved as to form:
City Attorney
Approved as to execution
City Attorney
CITY OF ROANOKE
By
Darlene L. Burcham, City Manager
ROANOKE VALLEY CONVENTION
AND VISITORS BUREAU
By:.
Printed Name and Title
Appropriation & Funds required for this
Contract certified:
Director of Finance
Account No.
Date:
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C:~I)OCUME ~ 1 \CMSM 1.000\LOCALS ~ 1 \TEMP\C.LOTOS,NOTES.DATA\RVCVB03_04.CONTRACT_FOUR.DOC
CITY OF R O_..ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #60-262-323-403
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. 36338-051903 amending and reordaining certain
sections of the 2002-03 Department of Technology Funds Appropriations, providing for
appropriation and transfer of funds in connection with the regional automated library
system test server; 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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Wlodek A. Zaryczny, Director, Libraries
· Barry L. Key, Director, Office of Management and Budget
N:'~CKMH 1 ~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36338-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Department of Technology Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections
of the 2002-2003 Department of Technology Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Capital Outlay
Enterprise Project Management System (1) ..............................................
Regional Library Test Server (2-3) ............................................................
Revenues
Nonoperating
DOT - Salem and County (4) .....................................................................
1) Appropriated from
General Revenue
2) Appropriated from
General Revenue
3) Appropriated from
Other Governments
4) DOT - Salem and County
(013-430-9858-9003) $ (14,733)
(013-430-9887-9003) 14,733
(013-430-9887-8999) 34,214
(013-430-9887-1069) 34,214
$ 13,418,708
45,267
48,947
$ 34,214
34,214
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
OFHCE 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
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly Fitzpatrick, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Regional Automated
Library System Test
Server
Background:
The City of Roanoke, City of Salem, County of Roanoke and County of Botetourt
currently share an automated library system under an agreement signed in 1988.
This agreement gives the responsibility for operating, maintaining and
administering this library system to the City of Roanoke. This consortium
operates under the name Roanoke Valley Libraries (RVL).
Due to limitations of their 11 -year old system, RVL upgraded the system to a
more comprehensive library system in September 2002. This new system has
added many new capabilities for the libraries as well as a comprehensive online
Intemet catalogue for citizens of the Roanoke Valley. RVL wishes to purchase
hardware and software to set up a second library server for testing new releases
of the software and as a backup to the primary library server. The Library
Directors and the RVL Implementation Committee have approved the purchase
of this test system.
Considerations:
The total cost for the test system is $48,947. Costs for the system are divided
among the localities based on the following percentages:
City of Roanoke 30.1% $14,733
City of Salem 10.4% $5,090
County of Roanoke 46.0% $22,516
County of Botetourt 13.5% $6,608
Funding for the City of Roanoke's share is available in the Enterprise Project
Management System account (013-430-9858) as approved by the Information
Technology Committee (ITC).
Recommended Action:
Transfer $14,733 from the Enterprise Project Management System Account
(013-430-9858) to an account established by the Director of Finance in the
Technology Fund.
Increase the Roanoke Regional Area Library revenue estimate (013-430-9887-
1069) by $34,214 and appropriate these funds to the same Technology Fund
account.
DLB:kc
C:
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
#CM03-00093
CITY.. OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 29, 2003
File #184-373
Stephanie M: Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36339-051903 authorizing the City Manager to enter
into a lease agreement with Kirk Avenue Properties, L.L.C., or its successor, for office
space at 114B West Kirk Avenue for a training facility and 120 West Kirk Avenue for the
Occupational Health Clinic, 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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc: Terry Parsell, Owner, Kirk Avenue Properties, L.L.C., 112 Kirk Avenue, S. W.,
Roanoke, Virginia 24011
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
Marquita W. Brown, Occupational Health Nurse
Scott L. Motley, Economic Development Specialist
H:~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of I~Iay, 2003.
lqo. 36339-05].903.
AN ORDINANCE authorizing the City Manager to enter into a lease agreement
with Kirk Avenue Properties, LLC, or its successor, for office space at l14B Kirk
Avenue for a training facility and 120 West Kirk Avenue for the Occupational Health
Clinic, upon certain terms and conditions; and dispensing with the second reading by title
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and attest,
respectively, for and on behalf of the City, in form approved by the City Attorney, a lease
agreement with Kirk Avenue Properties, LLC, or its successor, for 2,525± square feet of
office space at 120 West Kirk Avenue, S.W., for use by the Occupational Health Clinic,
for one year, beginning June 1, 2003, at a rate of $2,000.00 per month, with an option to
renew for two additional one-year terms at a rate to be increased each year by $150.00
per month, as more fully described in a letter of the City Manager to City Council dated
May 19, 2003. Such lease shall be in form approved by the City Attorney.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCES~O-LeaseKirkAve051903,doc
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
May 19, 2003
The Honorable Ralph K. Smith, Mayor
The Honorable Nelson Harris, Vice-Mayor
The Honorable William Bestpitch, Council Member
The Honorable Rupert Cutler, Council Member
The Honorable Alfred Dowe, Council Member
The Honorable Beverly Fitzpatrick, Jr., Council Member
The Honorable Linda Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Occupational Health Clinic Lease
Background:
The City currently leases 2,525 square feet of office space at 120 Kirk Avenue SW, to
house the Occupational Health Clinic. The Clinic also uses an additional 1,400 square feet
in an adjoining office suite at 114B Kirk Avenue, as a training facility. The rental rate for
these two spaces is $1,850 per month. The current agreement between the City and Kirk
Avenue Properties, LLC, expires May 31,2003.
Considerations:
While the Clinic is expected to relocate to City owned facilities in the next two years, the
space currently being leased is still needed. City staff has negotiated terms for a new
agreement to lease 114B and 120 Kirk Avenue SW. The term of the new agreement is one
year, June 1, 2003 through May 31, 2004. There are two one-year renewal options at the
Lessee's discretion. The rental rate will be $2,000 per month. If the renewal options are
exercised, the rent will be $2,150 per month for the second year and $2,300 per month for
the third year. As with the current lease agreement, the City will continue to provide its own
janitorial service and minor routine maintenance.
Funds are available in the adopted budget for FY 03-04 Occupational Health Clinic's
Operating Account 001-340-1263-3075, and will be included as part of the budgeting
process in subsequent years.
Recommended Action(s):
Authorize the City Manager to execute a new lease agreement with Kirk Avenue
Properties, LLC, as summarized above and in form approved by the City Attorney.
Respectfully submitted,
Darlene L. Bu~;r~_m
City Manager
DLB/slm
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
Marquita Brown, Occupational Nurse
Scott L. Motley, Economic Development Specialist
CM03-00095
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #60-221-236-323-403
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. 36341-051903 authorizing acceptance of a grant
award from the National Network of Libraries of Medicine/Southeastern Atlantic Region,
to provide funding for the purpose of training consumers on how to access quality health
information on the Internet, to improve the public health by providing citizens with better
consumer health oriented information, and authorizing execution of any and all necessary
documents for acceptance of the grant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, May 19, 2003.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc'
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Wiodek A. Zaryczny, Director, Libraries
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCiL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of 1,lay, 2003.
No. 36341-051903.
A RESOLUTION authorizing acceptance of a grant award from the National Network of
Libraries of Medicine/Southeastern Atlantic Region, to provide funding for the purpose of training
consumers on how to access quality health information on the lntemet, to improve the public health
by providing citizens with better consumer health oriented information, and authorizing execution of
any and all necessary documents for acceptance of the grant.
WHEREAS, a recent study by Carilion Health System concluded that equipping citizens of
the City of Roanoke with better consumer health oriented information is a critical need of the
community; and
WHEREAS, the grant will provide funding to empower individuals, particularly those with
low incomes, minority, youth and the elderly, to develop an understanding of the practices and
benefits of preventative and early intervention health care, improving the likelihood of successful
treatment outcomes by better understanding treatment protocols; and preparing consumers and
patients to interact more confidently and effectively with their health care providers by helping them
to develop well-informed questions and to conduct research that will help them better understand
their health issues.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant award from the National Network of Libraries of Medicine/Southeastern
Atlantic Region, for the purpose of training consumers on how to access quality health information
on the Intemet and to impro~ the public health by providing citizens with better consumer health
oriented information, in the amount of$49,116.00, as set forth in the City Manager's letter to Council
dated May 19, 2003, is hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to execute any and all
requisite documents pertaining to the City's acceptance of these funds and to furnish such additional
information as may be required in connection with the City's acceptance of these grant funds. All
documents shall be approved by the City Attorney.
ATTEST:
City Clerk.
CITY OF R O.4NOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
FiFe #60-221-236-323-403
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. 36340-051903 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$49,116.00, in connection with acceptance of the National Network of Libraries of
Medicine/Southeastern Atlantic Region 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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc;
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Wlodek A. Zaryczny, Director, Libraries
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGI'NIA
The 19th day of May, 2003.
No. 36340-051903.
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
Parks, Recreation and Cultural
Consumer Health Information (1-7) ...........................................................
Revenues
$ 240,516
49,116
Parks, Recreation and Cultural
Consumer Health Information (8) ..............................................................
1) Temporary Wages
2) Fees for
Professional Services
3) Advertising
4) Expendable Equipment
<$5,000
5) Publications and
Subscriptions
6) Printing
7) Library Loans
8) Consumer Health Information
(035-650-9743-1004) $ 27,830
(035-650-9743-2010) 6,000
(035-650-9743-2015) 3,000
(035-650-9743-2035) 4,000
(035-650-9743-2040) 2,500
(035-650-9743-2075) 2,186
(035-650-9743-2163) 1,600
(035-650-9743-9743) 49,116
$ 240,516
49,116
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, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable, C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Culter, Council Member
Honorable Alfred T. Dowe Jr., Council Member
Honorable Beverly T. Fitzpatrick Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Acceptance of Grant for Consumer
Health Information and Referral Service
Background:
The City of Roanoke Public Library System has received notification of a $49,116
grant from the National Network of Libraries of Medicine/Southeastern Atlantic
Region which will provide funding to train consumers how to access quality health
information on the Internet.
The primary goal of the service is to improve the public health by (a) empowering
individuals-especially, those with Iow incomes, minority, youth and the elderly- to
develop an understanding of the practices and benefits of preventative and early
intervention health care; (b) improving the likelihood of successful treatment
outcomes by allowing users of the Roanoke Public Library system to better
understand treatment protocols; and (c) preparing consumers and patients, both
insured and uninsured, to interact more confidently and effectively with their health
care providers by helping them to develop well-informed questions and to conduct
research that will help them better understand their own health issues. In a recent
study by Carillon Health System, local health care providers and health professionals
concluded that equipping citizens with better consumer health oriented information is
a critical need of our community.
Considerations:
Grant funds will be used to hire temporary staff in the Main Library's Reference and
Automation Departments. In addition, funds will be used for the purchase of
Honorable Mayor and Members of Council
May 19, 2003
Page 2
equipment, reproduction and printing costs, professional services/consultations,
advertising, interlibrary loan services, and publications and subscriptions on health
issues.
Major elements of the service include (a) the formation of a work group of community
based and social service agencies to advise the library on
development and implementation of service; (b) training of Roanoke Public Library
staff and key community volunteers on consumer health information by Roanoke
Public Library's two medical health librarians; and (c) the selection and purchase of
publications, databases and web-based resources. Coordination of the above
elements is underway by the Library's Head of Reference Services.
Recommended Action:
Accept the National Network of Libraries of Medicine/Southeastern Atlantic Region
grant in the amount of $49,116 and authorize the City Manager to execute an
agreement with the National Network of Libraries of Medicine/Southeastern Atlantic
Region and any other forms necessary to accept such a grant, approved as to form
by the City Attorney.
Appropriate $49,116 and establish a corresponding revenue estimate in grant
funding in accounts to be established in the grant fund by the Director of Finance.
Respectfully submitted,
Darlene L. Burc~am
City Manager
DLB:wz
O:
Mary F. Parker, City Clerk
William M Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Wlodek Zarcynzy, Director of Libraries
Rolanda Russell, Assistant City Manager for Community Development
CM03-0085
CIT,Y.. OF ROANOKE
Off, ce of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #60-72
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. 36342-051903 amending and reordaining certain
sections of the 2002-03 General and Capital Projects Funds Appropriations, providing for
transfer of $606,000.00, in connection with relocation of the Social Services Department
to the Civic Mall at 1502 Williamson Road, N. W.; 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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Phillip C. Schirmer, City Engineer
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36342-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General and Capital Projects 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 Capital Projects 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) ...................................................................
General Fund Reserve (2) .......................................................................
Fund Balance
Reserved Fund Balance $
Reserved for CMERP - City (3) ...............................................................
Capital Projects Fund
Appropriations
General Government $
Civic Mall Relocation (4-5) .......................................................................
Revenues
Nonoperating $
Transfer from General Fund (6) .................................
1) Transfer to
Capital Projects Fund
2) General Fund Reserve
(001-250-9310-9508)
(001-300-9410-2197)
$ 606,000
(572,814)
75,464,665
74,868,947
3,752,643
133,414
9,779,639
606,000
4,861,438
4,819,498
3) Reserved for
CMERP - City
4) Appropriated from
General Revenue
5) CMERP - Equipment
Purchase
6) Transfer from
General Fund
(001-3323)
(008-530-9815-9003)
(008-530-9815-9132)
(008-110-1234-1037)
$(33,186)
572,814
33,186
606,000
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 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
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M; Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Bevedy T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Appropriation of funds for moving
Social Services to Civic Mall
The consolidation of the majority of human service agencies into one location resulted in the City
leasing office space within the Civic Mall building at 1502 Williamson Road. Design and
construction work for the Civic Mall required under the lease agreement previously approved by
Council is underway. Additional funding in the amount of $606,000 is required to cover costs
associated with the purchase of systems furniture for approximately 235 employees, casework,
and design fees. Bids for furnishings and casework have been received and contracts need to be
awarded before the bids expire on May 21, 2003.
Funding is available in the following accounts:
CMERP Reserve (Account #001-300-9410-2197)
FY02 CMERP Balance (Account ~001-3323)
Recommended Action:
$572,814
33,186
$606,000
Transfer funds as listed above totaling $606,000 to a new account to be established by the
Director of Finance in the Capital Projects Fund entitled Civic Mall Relocation.
Respectfully submitted,
~' ~-~--...~
Darlene L. Bufe'dam
City Manager
DLB/SEF
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
#CM03-00092
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #24-27-468
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 Ordinance No. 36343-051903 amending and reordaining Section
26-2, General requirements for disposal of human excreta and maintenance of toilet
rooms, Section 26-3, Mandatory sewer connections, and Section 26-8, Extension of
sanitary sewers within city, of Article I, In General, of Chapter 26, Sewers and Sewage
Disposal, requiring connection to the public sanitary sewer, with certain exceptions, and
for the extension of public sewer mains to serve all 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, May 19, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
N:~CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
Darlene L. Burcham
May 28, 2003
Page 2
pc:
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Julian H. Raney, Jr., Chief Judge, General District Court
The Honorable George W. Harris, Jr., Judge, General District Court
The Honorable Vincent A. Lilley, Judge, General District Court
The Honorable Francis W. Burkart, III, Judge, General District Court
The Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District
Cour~
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
Lora A. Wilson, Law Librarian
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Acting Director, Civic Facilities
Rolanda B. Russell, Assistant City Manager for Community Development
Michael T. McEvoy, Director, Utilities
R. Brian Townsend, Director, Planning, Building and Development
N:~CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36343-051903.
AN ORDINANCE amending and reordaining Section 26-2, ..General requirements for
disposal of human excreta and maintenance of toilet room% Section 26-3, Mandatory sewer
connections, and Section 26-8, Extension of sanitary sewers within city, of Article I, In General,
of Chapter 26, Sewers and Sewage Disposal, requiring connection to the public sanitary sewer,
with certain exceptions, and for the extension of public sewer mains to serve all buildings; and
dispensing with the second reading by title of this ordinance.
1. Section 26-2, General requirements for disposal of human excreta and
maintenance of toilet rooms, of Article I, In General, of Chapter 26, Sewers and Sewa e
Disposal, is hereby amended and reordained to read and provide as follows:
................ :~;;'cr ,~ I h
..... * ...................... r ..............!th.
26-2..Use of House or Building ff?ithout Approved Method of Disposal of Sewaee Prohibiten
It shall be unlawful for the owner of any house or building used as a place of haman
habitation, any warehouse, any public building or other place where human beings
congregate or are employed in the cio, to use or occupy, or to rent or lease the same for
the use or occupancy by any person, or for any person to use or occupy the same unless
and until the house or building shall have been supplied or equipped with an approved
method of disposal of human excreta. Such method of disposal shall comply with the
provisions of this chapter and the regulations of the state department of health.
2. Section 26-3, Mandatory sewer connections, of Article I, In General, of Chapter
26, .Sewers and Sewage Disposal is hereby amended and reordained to read and provide as
follows:
§ 26-3. Mandatory sewer connection~.
(a)
The owner or person constructing a house or building as described in Sec.
26-2, on propero' abutting in any manner upon a street, alley, public
right-of-way or trublic easement through which runs a public sanitary
sewer, shall be required to connect such house or budding with such
sewer in accordance with the provisions of this chapter. Any person who
shall fail to make such connection, after sixfy (60) days notice from the
city manager, shall be guilty of a violation of this section. If a public
sanitary sewer line is not abutting such property, an off-site extension of
the existing public sanitary sewer system shall be made in accordance
with the provisions of this chapter. Off-site sewer system requirements are
described further in Sec. 26-8.
3. Section 26-8, Extension of sanitary sewers within City, of Article I, In General,
of Chapter 26, Sewers and Sewage Disposal is hereby amended and reordained to read and
provide as follows:
§ 26-8. Extension of sanitary sewers within city.
prcp~,
and
H:'xMeasm~s\Code Amendmen126-2 3 ~nd 8 Sewer 12onnecti~.doc 3
(a) Upon proper application for the off-site extension of a public
sanitary sewer within the city, the city shall bear one-half of the
construction cost of such extension and the applicant shall pay the other
one-half of the const~ntction cost thereof and any additional cost, less any
credits, as provided in this section. If the city participates in the
construction cost of the off-site extension, payment by the city shah be due
upon completion by the applicant, and acceptance of such extension by the
city. An off-site sanitary sewer is defined as any sewer system located or
to be located outside such house or building's property. The off-site sewer
system shall be a public sanitary sewer line located in a street, alley,
public right-of-way or public easement.
(b) The applicant shall design and install an off-site public gravity-
sewer main to serve its property. All design for public sewer mains shall
be performed by a professional engineer, licensed in the Commonwealth
of Virginia, and must be approved by the ciO,. If an extension of an off-
site public gravity-sewer main to the property is determined not to be
feasible by the city manager due to its length, depth, development,
subsurface conditions or cost, the applicant shall design and install a
public pressure-sewer main within the public right-of-way or public
easement.
H:XMeasu~s\Code Amendment 26-2 3 and 8 Sew~ Connections.doe 4
(c) If a house or building is constructed at an elevation that does not
permit gravity flow into the public sewer system, a private pumping
facility shall be constructed for such house or building. The pumping
facility shall be located on private property, with a private pressure-sewer
service line connecting such facility with the public sewer main.
(d) If an extension of the off-site public pressure-sewer main is not
determined feasible by the city manager due to its length, depth,
development, subsurface conditions or cost, the applicant may install a
septic tank constructed in accordance with the rules and regulations of the
state department of health.
(e~) Credits will be allowed towards the increased costs for any off-site
extensions if the city requires a line size in excess of the minimum size
required to serve the applicant. Credits will be equal to 100% of the
difference in cost for furnishing and installing the minimum line size and
furnishing and installing the line size otherwise required by the city to
serve the applicant.
09 The payment by any person of any costs or charges as set forth in
this section shah not relieve such person from the payment of aH sanitary
sewer connection costs, including the connection fees prescribed by the
council pursuant to section 26-4.1 of this Code.
(g) Notwithstanding any other provision of this Code, whenever the
abutting owner is able to establish financial inability to pay legally
imposed charges incident to such extension, the city manager may provide
for the necessary work and labor to accomplish such connection and
authorize the payment of such charges in monthly installments for a
period not to exceed five (5) years from the date such charges initially
accrue, with interest at the legal rate. Such deferred payments shall be
evidenced by a note and secured by a deed of trust on the property served
by the extension to be recorded, without expense to the city, in the clerk's
office of the circuit court of the city.
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 CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Sewer Extension Policy
Current City Code sections require any new building abutting an existing public
sanitary sewer to connect to that sewer. If a public sewer is not abutting a new
building, however, the current Code allows the installation of a septic tank. As a
policy, the Utility Department has required the extension of public gravity-sewer
mains to serve all buildings, if feasible. The ordinances addressing sewer
connections and extensions have not been modified since 1956, and should be
changed to require mandatory connections for new buildings. With this change,
the following issues would need to be addressed.
In some cases, due to length, depth, development, subsurface conditions, or
cost, it may not be feasible to extend public gravity-sewer mains to serve new
buildings. If it is not feasible to extend a public gravity-sewer main adjacent to a
new building, the City Manager could allow construction of a public pressure-
sewer main within a right-of-way or public easement. In these cases, the
property owner would be required to install a private sewer pump station, and a
private pressure-sewer line to connect with the public sewer. If it is not feasible
to construct a public pressure-sewer main, for the same reasons stated above
for public gravity-sewer extensions, the City Manager should have the discretion
to not allow construction of a public pressure-sewer main. In these limited
cases, the City Manager could allow the construction of on-site septic tank
systems.
The Honorable Mayor and Members of Council
Sewer Extension Policy
May 19, 2003
Page 2 of 4
To accomplish the above changes, amend certain City Code Sections with the
following:
Sec. 26-2. Use of House or Building Without Approved Method of Disposal
of Sewage Prohibited.
It shall be unlawful for the owner of any house or building used as a place of
human habitation, any warehouse, any public building or other place where
human beings congregate or are employed in the city to use or occupy, or to rent
or lease the same for the use or occupancy by any person, or for any person to
use or occupy the same unless and until the house or building shall have been
supplied or equipped with an approved method of disposal of human excreta and
that such method of disposal will comply with the provisions of this chapter and
the regulations of the state department of health.
Sec. 26-3. Mandatory Sewer Connections.
The owner or person constructing a house or building as described in Sec. 26-2,
on property abutting in any manner upon a street, alley, public right-of-way or
public easement through which runs a public sanitary sewer, shall be required to
connect such house or building with such sewer in accordance with the
provisions of this chapter. Any person who shall fail to make such connection,
after sixty (60) days notice from the city manager, shall be guilty of a violation of
this section. If a public sanitary sewer line is not abutting such property, an off-
site extension of the existing public sanitary sewer system shall be made in
accordance with the provisions of this chapter. Off-site sewer system
requirements are described further in Sec. 26-8.
Sec. 26-8. Extension of Sanitary Sewers within City.
(a) Upon proper application for the off-site extension of a public sanitary sewer
within the city, the city shall bear one-half of the construction cost of such
extension and the applicant shall pay the other one-half of the construction cost
thereof and any additional cost, less any credits, as provided in this section. If
the city participates in the construction cost of the off-site extension, payment by
the city shall be due upon completion by the applicant, and acceptance of such
extension by the city. An off-site sanitary sewer is defined as any sewer system
located or to be located outside such house or building's property. The off-site
sewer system shall be a public sanitary sewer line located in a street, alley,
public right-of-way or public easement.
(b) The applicant shall design and install an off-site public gravity-sewer main
to serve its property. All design for public sewer mains shall be performed by a
professional engineer, licensed in the Commonwealth of Virginia, and must be
approved by the city. If an extension of an off-site public gravity-sewer main to
The Honorable Mayor and Members of Council
Sewer Extension Policy
May 19, 2003
Page 3 of 4
the property is determined not to be feasible by the city manager due to its
length, depth, development, subsurface conditions or cost, the applicant shall
design and install a public pressure-sewer main within the public right-of-way or
public easement.
(c) If a house or building is constructed at an elevation that does not permit
gravity flow into the public sewer system, a private pumping facility shall be
constructed for such house or building. The pumping facility shall be located on
private property, with a private pressure-sewer service line connecting such
facility with the public sewer main.
(d) If an extension of the off-site public pressure-sewer main is not
determined feasible by the city manager due to its length, depth, development,
subsurface conditions or cost, the applicant may install a septic tank constructed
in accordance with the rules and regulations of the state department of health.
(e) Credits will be allowed towards the increased costs for any off-site
extensions if the city requires a line size in excess of the minimum size required
to serve the applicant. Credits will be equal to 100% of the difference in cost for
furnishing and installing the minimum line size and furnishing and installing the
line size otherwise required by the city to serve the applicant.
(f) The payment by any person of any costs or charges as set forth in this
section shall not relieve such person from the payment of all sanitary sewer
connection costs, including the connection fees prescribed by the council
pursuant to section 26-4.1 of this Code.
(g) Notwithstanding any other provision of this Code, whenever the abutting
owner is able to establish financial inability to pay legally imposed charges
incident to such extension, the city manager may provide for the necessary work
and labor to accomplish such connection and authorize the payment of such
charges in monthly installments for a period not to exceed five (5) years from the
date such charges initially accrue, with interest at the legal rate. Such deferred
payments shall be evidenced by a note and secured by a deed of trust on the
property served by the extension to be recorded, without expense to the city, in
the clerk's office of the circuit court of the city.
Recommended Action:
Adopt the attached ordinance.
DLB/jgr
Respectfully submitted,
City Manager
The Honorable Mayor and Members of Council
Sewer Extension Policy
May 19, 2003
Page 4 of 4
C~
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager for Operations
Rolanda Russell, Assistant City Manager for Community Development
Michael McEvoy, Director of Utilities
Brian Townsend, Director of Planning, Building and Development
CM03-00100
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #24-27-468
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,
May 19, 2003, Council Member Bestpitch suggested that staff consider an amendment to
Ordinance No. 36343-051903 requiring connection to the City's public sanitary sewer
system, to ensure that future property owners are notified of the existence of a private
pumping facility.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: William M. Hackworth, City Attorney
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartrnan
Assistant City Clerk
May 28, 2003
File #60-188-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36345-051903 authorizing the City Manager to
accept two federal grants administered by the Commonwealth of Virginia Department of
Emergency Management which have been awarded to the Roanoke Valley Citizen Corps
Council, in the respective amounts of $5,000.00, for the Citizens Corps Council and
$35,000.00 for the Community Emergency Response Team; authorizing execution of any
required documents on behalf of the City for acceptance of such grants; and authorizing
the City Manager to furnish such additional information and to take such additional action
as may be needed to implement and administer said grants.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, May 19, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP.'mh
Attachment
pc: Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Paul J. Truntich, Administrator, Environmental and Emergency Management
Wanda B. Reed, Coordinator, Emergency Management
Barry L. Key, Director, Office of Management and Budget
N:~CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of Nay, 2003.
No. 36345-051903.
A RESOLUTION authorizing the City Manager to accept two federal grants administered by
the Commonwealth of Virginia Department of Emergency Management that have been awarded to
the Roanoke Valley Citizen Corps Council, in the respective amounts of $5,000 for the Citizens
Corps Council and $35,000 for the Community Emergncy Response Team; authorizing execution of
any required documents on behalf of the City for acceptance of such grants; and authorizing the City
Manger to furnish such additional information and take such additional action as may be needed to
implement and administer such grants.
BE 1T RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized, on behalf of the City of Roanoke, to accept two
federal grants administered by the Commonwealth of Virginia Department of Emergency
Management that have been awarded to the Roanoke Valley Citizen Corps Council, in the respective
amounts of $5,000 for the Citizens Corps Council and $35,000 for the Community Emergency
Response Team and to execute any required documents on behalf of the City for acceptance of such
grants.
2. The City Manager is further authorized to provide such additional information and
take such additional action as may be needed to implement and administer such grant funds and grant
agreements, all as more fully set forth in the City Manager's letter to Council dated May 19, 2003.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #60-188-236
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. 36344-051903 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of funds in
connection with acceptance of Citizen Corps Grant funds; 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, May 19, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Paul J. Truntich, Administrator, Environmental and Emergency Management
Wanda B. Reed, Coordinator, Emergency Management
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl~.genda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36344-051903.
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
General Government
Citizen Corps Council Grant (1-4) ..............................................................
Community Emergency Response Team Grant (5-7) ................................
Revenues
$ 62,692
5,000
35,000
General Government
Citizen Corps Council Grant (8) .................................................................
Community Emergency Response Team Grant (9) ...................................
2
3
4
5
6
7
8
9
1) Advertising
Administrative Supplies
Training and Development
Postage
Fees for Professional
Services
Advertising
Administrative Supplies
Citizen Corps Council Grant
Community Emergency
Response Team Grant
(035-660-9641-2015) $ 1,500
(035-660-9641-2030) 2,505
(035-660-9641-2044) 495
(035-660-9641-2160) 500
(035-660-9642-2010) 16,050
(035-660-9642-2015) 2,856
(035-660-9642-2030) 16,094
(035-660-9641-3417) 5,000
(035-660-9642-3418) 35,000
$ 62,692
5,000
35,000
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 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
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Citizen Corps Grant Funds
Background:
The Virginia Department of Emergency Management has awarded the Roanoke
Valley Citizen Corps Council two federal grants administered by the
Commonwealth in the amount of $5,000 for Citizen Corps Council and $35,000
for Community Emergency Response Team (CERT). The Roanoke Valley
Citizen Corps Council consists of representatives from each of the four local
governments - Roanoke, Salem, Vinton and Roanoke County. Also included
among its members are representatives from the American Red Cross, United
Way, Virginia Department of Health, and other agencies/organizations. Funds
for the grants will be administered by the City of Roanoke Finance Department.
The purpose of the Citizen Corps Council is to organize and coordinate the
involvement of the community in emergency preparedness planning, mitigation,
response, and recovery for all types of emergencies and disasters, including acts
of terrorism. It will guide and support the Community Emergency Response
Team (CERT) training which promotes the formulation of neighborhood teams
trained in the basic skills to respond to emergencies within their immediate area
until professional help arrives. CERT graduates are further encouraged to
volunteer for other organizations within their community.
Awards were based on the strength of applications, risks, population and a
demonstrated commitment to program implementation. Funds have been
received by the City of Roanoke and will be used for the four jurisdictions to train
citizens in emergency response procedures and to encourage volunteerism.
Considerations:
This funding, which requires no local match, must be used in accordance with the
federal requirements for the Citizen Corps Grants. The Citizen Corps Council will
be responsible for using program funds according to the grant guidelines and
approved budgets. The City of Roanoke will oversee the financial reports which
will be submitted quarterly.
Recommended Action:
Authorize the City Manager and the City Clerk to execute and attest,
respectively, on behalf of the City of Roanoke, any documentation required in
connection with obtaining and accepting the above two grants in the amounts
indicated and to furnish such additional information and take such additional
action as may be needed to implement and administer such grant funds and
grant agreements.
Appropriate funding in the amount of $5,000 for Citizen Corps Council and
$35,000 for Community Emergency Response Team (CERT) in accounts to be
established by the Director of Finance in the Grant Fund. Establish
corresponding revenue estimates of the same in the Grant Fund.
Respectfully submitted,
? '
Darlene L. Butch"am
City Manager
DLB:wbr:de
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
Paul Truntich, Administrator, Environmental and Emergency Management
Wanda B. Reed, Coordinator of Emergency Management
CM03-0091
We are
members
.present tod,a.y to give an update
~mplementat~on of the activities
Roanoke's Youth Initiative.
very pleased to have the
of our Youth Commission
on the
of the
The Youth Commission is a significant
part of the Initiative, along with other
programs that the Yo.uth Services Division
of Parks and Recreabon are involved in.
Thank you for allowing the students this
opportunity to share these exciting
programs with you today.
Roanoke Youth Initiative
Presentation
Roanoke City Codncil
May 19;2003
Background
Youth FoCum
Formatiof] of Youth Commission
Initiatives Completed, Planned
or Underway
~' Resource Guide and Youti~ Directory
~ Youth Employment
,, Weed and Snow Prograrfl
~ Internships
~' Nutritional Program
~ Mobile Recreatior~ Programs
Initiatives Completed, Planned
or Underway
· Night Moves Program
~ Youth Fitaess Program
· , "Laws of Life" Program
~ Youth Academy
~ Youth Student Grant Program
Resource Guide and Directory
~ Listing of Services and Resources
Available
· Provide a community resource
database for Youth Services
Stakeholders
~ Website accessibility through internet
and CD ROM technology
"Night Moves Program"
Provide recreational opportunities
throughout the city
Partnering with neighborhood
organizations
Partnership with Youth Services and
City's Recreation Division
Youth Internships and
Employment
Provide Internships for 60-65 young
people this Summer
Partnering with City Departments for
placement
Partnering with Youth Service
Organizations for placement
On the job training & work ethic
development
Youth Nutritional Program
Provide nutritional breakfasts and
Provide a nutritional education
Emphasize the role proper nutrition
plays in physical/mental development
Mobile Recreation Program
Bring recreation opportunities to
neighborhoods throughout the city
Provide "Neighborhood Specific"
Programs in under-served
neighborhoods o[ the community
Youth Student Grant (YSG)
Provide educational opportunities for
youth in a school setting
Enhancement of Environmental
Awareness
Social Science based program
2003 Pilot Project: Addison Butterfly
Garden
Youth Commission Projects
Teen Fitness Pilot Program
Fitness Prograrn identified for teens
Family Activity, encourage families to
:'Get Fit" together
Partnering with different Middle Schools
each year.
4
"Laws of Life" Program
Partnership with Hoflins University
Pubiication of finished materials in
"Youth Writing Book"
Youth Academy
Develop an Academy to Educate Yoang
Citizens In:
,~ CJdzenshie
· * Leadelship
· Core Values and Character Development
In Summary:
The Goals Are to:
,~ Develop youth leadership role in the commurfi~y
program delivery
~* "Proglams for young people by young people"
~ Promole the motto."Roanoke, the City that
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #60-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36346-051903 amending and reordaining certain
sections of the 2002-03 School and School Capital Funds Appropriations, providing for
appropriation of $57,008.00 from the Capital Maintenance and Equipment Replacement
Fund for school bus route management software and replacement of school buses; and
$2,100,000.00 for Lincoln Terrace 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, May 19, 2003, and is in full force and effect
upon its passage.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
Barry L. Key, Director, Office of Management and Budget
N:\CKMH 1 ~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36346-051903.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
School and School Capital Projects 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 School and School Capital Projects Funds Appropriations be, and the
same are hereby, amended and reordained to read as follows, in part:
School Fund
Appropriations
Education $ 138,258,187
Facilities (1-2) .......................................................................................... 3,745,826
Fund Balance
Reserved for CMERP - Schools (3) ........................................................... $ 549,235
School Capital Proiects Fund
Appropriations
Education $ 23,517,418
Lincoln Terrace Renovation (4-5) ............................................................ 2,215,780
Revenues
Intergovernmental $ 13,550,530
Lincoln Terrace Renovation (6-7) ............................................................ 2,195,780
1) School Bus
Replacement
2) School Bus Route
Management Software
3) Reserved for CMERP-
Schools
4) Appropriated from Literary
LoanNPSA Bonds
5) Appropriated from QZAB
6) VPSA Bonds- Lincoln
Terrace Renovation
7) QZAB - Lincoln Terrace
(030-065-6006-6676-0808) $ 16,358
(030-065-6006-6676-0826) 40,650
(030-3324) (57,008)
(031-065-6064-6896-9006) 1,300,000
(031-065-6064-6896-9109) 800,000
(031-065-6064-1291) 1,300,000
(031-065-6064-1295) 800,000
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.
'~l Gloria P. Manns, Chairman Marsha W. Ellison
Ruth C. Willson, Vice Chairman William H. Lindsey
F. B. Webster Day Melinda J. Payne
~-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
Robert J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
May 19, 2003
re
CC:
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 May 13 meeting, the
Board respectfully requests City Council to approve the following
appropriations:
· $57,008.00 from the Capital Maintenance and Equipment
Replacement Fund for school bus route management software
and the replacement of school buses.
· $2,100,000.00 for the Lincoln Terrace improvements. Funding
will be utilized from Literary funds and Qualified Zone Academy
Bond funds.
Thank you for your attention to this request.
Sincerely,
Cindy H. Lee, Clerk
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. 3esse A. Hall
Mr. Jim Wells (with accounting
details)
Preparing Students for Success
JESSE A. HALL
Director of Finance
cmail: jcss¢_hall~¢i.roanok¢ va.us
May 19, 2003
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
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Beverly T. Fitzpatrick, 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:
· $57,008 from the Capital Maintenance and Equipment Replacement Fund for school
bus route management software and the replacement of school buses.
· $2,100,000 for the Lincoln Terrace improvements. Funding will be provided by $1.3
million in Literary Loan Funds and $800,000 in Qualified Zone Academy Bond funds.
I recommend that you concur with this report of the School Board.
Sincerely,
Jesse A. Hall
Director of Finance
Attachment
JAH/ctg
C;
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF R ?..ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 5,2003
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Troy A. Harmon, Municipal Auditor
Willard N. Claytor, Director, Real Estate Valuation
Dear Ms. Burcham and Gentlemen:
The following appointments were approved by the Council at a regular meeting held on
Monday, May 19, 2003:
Budget and Planning Committee -
Audit Committee
Legislative Committee
Personnel Committee
Virginia's First Cities Coalition
War Memorial Committee
Vice-Mayor Harris, Chair
Council Member Wyatt, Chair
Council Member Bestpitch, Chair
Council Member Dowe, Chair
Council Member Bestpitch
Council Member Fitzpatrick (alternate)
Council Member Bestpitch and
Vice-Mayor Harris
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc:
Sloan H. Hoopes, Chair, War Memorial Committee, 2003 Maiden Lane, S. W.,
Roanoke, Virginia 24015
N:\CKMHl~Agenda.03\May 19, 2003.Committee Assignments.wpd
MAI~¥ F. PA~KER, CMC
City ChM~
CITY OF ROANOKE
OFFICE OF CITY CLERK"
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephon~: (540) 853-'~541
F~x: (540) 853-1145
E-mail: clcrk~ci.m.nnoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
June 25,2003
Linda McMinimy, Coordinator
Virginia's First Cities Coalition
1108 East Main Street, Suite 1108
Richmond, Virginia 23219
Dear Ms. McMinimy:
At the regular meeting of the Roanoke City Council which was held on Monday,
May 19, 2003, Council Member William D. Bestpitch, 381 Washington Avenue, S. W.,
24016, was appointed as a City of Roanoke representative to Virginia's First Cities
Coalition to replace former Council Member William H. Carder. Council Member BevedyT.
Fitzpatrick, Jr., 10 27th Street, S. E., 24014, will serve as alternate representative.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
N:\CKMHl\Coundl.03\Committee Appointments (May 19-Fiztpa~rick).wpd
MARY F. PARKER, CMC
City Cle~
CITY OF ROANOKF,
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
£-mail: clerk@el.roanoke.ye.us
June 2,2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
David L. Kjolhede, Executive Director
Roanoke Valley Convention and Visitors Bureau,
Board of Directors
114 Market Street, S. E.
Roanoke, Virginia 24011
Dear Mr. Kjolhede:
At the regular meeting of the Roanoke City Council which was held on Monday,
May 19, 2003, Council Member Beverly T. Fitzpatrick, Jr., was appointed as Council's
representative to the Roanoke Valley Convention and Visitors Bureau, Board of Directors,
to fill the unexpired term of former Council Member William H. Carder, resigned, ending
June 30, 2004. Council Member Linda F. Wyatt will serve as alternate representative.
Sincerely,
Mary F. Parker,
City Clerk
MFP:mh
pc: Darlene L. Burcham, City Manager
H:\Council.03\Committee Appointments (May 19-Fiztpatrick).wpd
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
June 4,2003
File #15-110-326
The Honorable Ralph K. Smith, Mayor
Roanoke,
Virginia
Dear Mayor Smith:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2003, you were appointed as a member of the Roanoke Valley-Alleghany
Regional Commission, for a three year term commencing July 1,2003.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc: Wayne G. Strickland, Secretary, Roanoke Valley-Alleghany Regional Commission,
313 Luck Avenue, S. W., Roanoke, Virginia 24010
Stephanie M. Moon, Deputy City Clerk
H:~Agenda.03~May 19, 2003 Oath. Mayor.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk 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 nineteenth day of May, 2003, RALPH K. SMITH was appointed as a
member of the Roanoke Valley-Alleghany Regional Commission, for a three year term
commencing July 1,2003.
Given under my hand and the Seal of the City of Roanoke this fourth day of
June, 2003.
City Clerk
H:~Agenda.03\May 19, 2003 Oath. Mayor.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-254 l
Fax: (540) g53-1145
E-mail: ¢lerk~ci.roaneke.va.us
June 5,2003
File #15-110-304
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Cheryl D. Evans
1204 Summit Lane, N. W.
Roanoke, Virginia 24017
Dear Ms. Evans:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2003, you were reappointed as a member of the Youth Services Citizen Board,
for a term ending March 31, 2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:\CKMHI\AoendR.03~M~v 19 20f13t O~th wnd
Ms. Cheryl D. Evans
June 5, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Youth Services Citizen Board.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\May 19, 2003 Oath.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk 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 nineteenth, day of May, 2003, CHERYL D. EVANS was reappointed as a
member of the Youth Services Citizen Board, for a term ending March 31, 2006.
Given under my hand and the Seal of the City of Roanoke this fifth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\May 19, 2003 Oath.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: ¢lerk~ci.roanoke.va. us
June 5,2003
File #15-110-304
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Ashley Johnson
2221 South Jefferson Street, Unit C
Roanoke, Virginia 24014
Dear Ms. Johnson:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2003, you were reappointed as a member of the Youth Services Citizen Board,
for a term ending March 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Ms. Ashley Johnson
June 5, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Youth Services Citizen Board.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\May 19, 2003 Oath.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk 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 nineteenth day of May, 2003, ASHLEY JOHNSON was reappointed as a
member of the Youth Services Citizen Board, for a term ending March 31, 2006.
Given under my hand and the Seal of the City of Roanoke this fifth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\May 19, 2003 Oath.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Chumh 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 5,2003
File #15-110-304
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Cler~
Mr. W. Richard Clemmer, Jr.
3726 Heritage Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Clemmer:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2003, you were appointed as a member of the Youth Services Citizen Board, for
a term ending March 31, 2006.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:\CKMHl~Agenda,03\Mav 19, 2003 Oath.wod
Mr.W. Richard Clemmer, Jr.
June 5,2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Youth Services
Citizen Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\May 19, 2003 Oath.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk 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 nineteenth day of May, 2003, W. RICHARD CLEMMER, JR., was
appointed as a member of the Youth Services Citizen Board, for a term ending
March 31,2006.
Given under my hand and the Seal of the City of Roanoke this fifth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\May 19, 2003 Oath.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 28, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEII~ N. HARTMAN
Assistant City Clerk
Alan T. Lingerfelt, Senior Vice President
Liberty Property Trust
12 South Third Street
Richmond, Virginia 23219
Dear Mr. Lingerfelt:
I am enclosing copy of Ordinance No. 36347-051903 vacating, discontinuing and closing
a 0.186 acre portion of right-of-way in the shoulder of Blue Hills Circle, N. E.; 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, May 19, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Darlene L. Burcham, City Manager
The Honorable David C. Anderson, City Treasurer
Rolanda B. Russell, 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
N:\CKMHI~Aaenda.03\Mav 19. 2003 corresoondence.wDd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of Hay, 2003.
No. 36347-051903.
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, Liberty Property Limited Partnership, 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
May 19, 2003, 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 fight-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
That 0.186 acre portion of the right-of-way in the shoulder of Blue Hills
Circle, N.E.
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest
of the public in and to the same be, and hereby is, released insofar as the Council of the City
of Roanoke is empowered so to do with respect to the closed portion of the fight-of-way,
reserving however, to the City of Roanoke and any utility company, including, specifically,
without limitation, providers to or for the public of cable television, electricity, natural gas or
telephone service, an easement for sewer and water mains, television cable, electric wires,
gas lines, telephone lines, and related facilities that may now be located in or across said
public right-of-way, together with the right of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such right to include the right to remove,
without the payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such work is undertaken;
such easement or easements to terminate upon the later abandonment of use or permanent
removal from the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for
the City of Roanoke, a subdivision plat, with said plat combining all properties which would
otherwise be landlocked by the requested closure, or otherwise disposing of the land within
the right-of-way to be vacated in a manner consistent with law, and retaining appropriate
easements, together with the right of ingress and egress over the same, for the installation and
maintenance of any and all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the
City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are
recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke,
Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in
interest who may so request, as Grantees, and pay such fees and charges as are required by
the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in said Clerk'~ Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within
a period of six (6) months from the date of the adoption of this ordinance, then said ordinance
shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Architectural Review Board
Board of Zoning Appeals
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: plan ning(~ci.roanoke.va.us
May 19, 2003
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 Liberty Property Limited Partnership, represented by
Alan T. Lingerfelt, Senior Vice President, that a 0.186 acre portion
of the right-of-way of Blue Hills Circle, N.E., be permanently
vacated, discontinued and closed.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, April 17, 2003. By a vote
of 6-0 (Mr. Manetta absent), the Commission recommended approval of the requested
closure.
Background:
The petitioner requests closure and vacation of a portion of unimproved right-of-way to
add the land to their adjoining parcel. The petitioner owns all of the adjoining property
to which this portion of right-of-way would be added.
The Department of Economic Development has assisted the petitioner in expanding its
current business. This portion of right-of-way is unrelated to the lot coverage needed
for the expansion; rather it will add front yard space to the development.
The subject portion of right-of-way previously was a temporary cul-de-sac, which then
became surplus property when Blue Hills Circle was extended. This portion of right-of-
way should have been vacated at that point, as it was not needed for any improvements
to Blue Hills Circle.
Dana Dame of Liberty Property Limited Partnership spoke on behalf of the petitioner.
Staff stated that the portion of right-of-way would not add any development potential to
the petitioner's adjoining parcel, and that it was never intended to be improved with the
extension of Blue Hills Circle.
Considerations:
The petitioner owns Official Tax Map Numbers 7210101. The petitioner is in the
process of expanding the current facility at the site.
The petitioner's property is located in the Roanoke Centre for Industry and Technology,
as are all the adjoining properties to the west, south, and southeast. To the north,
northwest and northeast, the petitioner's property line is the City corporate limits line
with Roanoke County.
The petitioner's and all the adjoining City properties are zoned LM, Light Manufacturing.
The area is served by public utilities. Staff received comments from American Electric
Power (AEP), Verizon and Roanoke Gas, all of whom stated no objection to the
request, provided a public utility easement is maintained, as is standard procedure.
Staff received no comments in opposition to this request.
The petitioner has submitted a survey with this request illustrating the maintenance of
30 feet of right-of-way from the centerline, which is consistent with the 60-foot width of
most of Blue Hills Circle. Thus, vacation of this portion of right-of-way will not affect any
future improvements to Blue Hills Circle and will allow this unnecessary portion of right-
of-way to be added to the petitioner's parcel, as was originally intended.
Recommendation:
By a vote of 6-0 (Mr. Manetta absent), the Planning Commission recommends approval
of the petitioner's request to vacate, discontinue and close the subject portion of right-
of-way, subject to the conditions listed below. The Commission recommends that the
petitioner not be charged a fee for this piece of property.
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.
D=
Upon meeting all other conditions to the granting of the application, the
applicant shall deliver a certified copy of this ordinance for recordation to
the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in
the name of the City of Roanoke, Virginia, as Grantor, and in the name of
the petitioner, and the names of any other parties in interest who may so
request, as Grantees. The applicant shall pay such fees and charges as
are required by the Clerk to effect such recordation.
Upon recording a certified copy of this ordinance with the Clerk of the
Circuit Court of the City of Roanoke, Virginia, the applicant shall file with
the Engineer for the City of Roanoke, Virginia, the Clerk's receipt,
demonstrating that such recordation has occurred.
If the above conditions have not been met within a period of one year
from the date of adoption of this ordinance, then said ordinance shall be
null and void with no further action by City Council being necessary.
CC:
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
Dadene L. Burcham, City Manager
Rolanda Johnson, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Petitioner
IN THE CITY .COUNCIL OF ROANOKE, VIRGINIA
Application of Liberty Property Limited Partnership
for vacation of a portion of Blue Hills Circle, N.E.
)APPLICATION FOR
)VACATING,
)DISCONTINUING
)AND CLOSING
)BLUE HILLS CIRCLE N.E.
Liberty Property Limited Partnership applies to have. 186 acres of right-of-way in the
shoulder of Blue Hills Circle, 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 mended. This portion of right-of-way is
more particularly described on the plat attached and as follows:
.186 acres bounded by corners 1~ 11~ 10~ 9~ 12 to I existing ROW of Blue Hills Circle
Liberty Property Limited Partnership states that the grounds for this application are as
follows:
(1) No adjacent landowners are impacted in any way. The right-of-way to be vacated is
not required for the function of Blue Hills Circle, N.E
(2) The control and maintenance of the property would be best suited to the abutting
property owner who has recently undertaken a significant expansion of the building and
business activities at the Elizabeth Arden facility.
WHEREFORE, Liberty Property Limited Partnership respectfully requests that the
above-described right-of-way be vacated by the Council of the City of Roanoke, Virginia,
in accordance with Virginia Code Section 15.2-2006 and Section 30-14, code of the city
of Roanoke (1979), as amended.
Respectfully submitted
NAME:
ADDRESS:
PHONE:
liberty Pro, perty L' ired Partnership
Date
Alan T.Lingerfelt, Senior Vice President
Liberty Property Trust
12 South Third ST
Richmond, VA 23219
804-644-9111
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Blue Hills Dr, NE
Roanoke County
7280101
LM
ubject
7210101
7240103
N
MARY F. PARKER, CMC
City Cl¢fit
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 2, 2003
File #514
STEPHANIE M. MOON
Dcputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Alan T. Lingerfelt, Senior Vice President
Liberty Property Trust
12 South Third Street
Richmond, Virginia 23219
Dear Mr. Lingerfelt:
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, May 19,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City
of Roanoke, on the request of Liberty Property Limited Partnership that a 0.186 acre
portion of right-of-way in the shoulder of Blue Hills Circle, N. E., 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 May 19 public
hearing. Failure to appear could result in a deferral of the matter until a later date.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
H:~Public Hearings.03\May 19.att-po.lttrs.wpd
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, April 17, 2003, 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.
Request from Liberty Property Limited Partnership, represented by Alan T.
Lingerfelt, Senior Vice President, that a 0.166 acre portion of the right-of-way of
Blue Hills Circle, N.E., be permanently vacated, discontinued and closed.
A copy of the 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 653-1730 before
12:00 noon on the Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, April 1 and 8, 2003
Please charge to:
Alan T. Lingerfelt, Senior Vice President
Liberty Property Trust
12 South Third Street
Richmond, VA 23219
(804) 644-9111
Send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & 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: ($40) 853-2541
Fax: (540) 853-114.5
E-mail: clerk(~¢i.roanoke.va.us
March 7, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEIL~ N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
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 March 5, 2003, from Liberty Property
Limited Partnership, requesting that .186 acre of right-of-way in the shoulder of Blue Hills
Circle, N. E., be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
N:\CKMHl\Rezonings. Street. Alley Closings.03\Liberty Property Limited Partnership.street closing.wpd
Robed B. Manetta, Chair
March ?, 2003
Page 2
pc;
The Honorable Mayor and Members of the Roanoke City Council
Alan T. Lingerfelt, Senior Vice President, Liberty Property Trust, 12 South Third
Street, Richmond, Virginia 23219
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
N:\CKMH l~O..ezonings. Street. Alley Closings.03\Liberry Property Limited Partnership.street closing.wpd
IN THE CITY COUNCIL OF ROANOKE,VIRGINIA
Application of Liberty Property Limited Partnership
for vacation ora portion of Blue Hills Circle, N.E
)APPLICATION FOR
)VACATING,
)DISCONTINUING
)AND CLOSING
)BLUE HILLS CIRCLE N.E.
Liberty Property Limited Partnership applies to have. 186 acres of right-of-way in the
shoulder of Blue Hills Circle, 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 portion of right-of-way is
more particularly described on the plat attached and as follows:
,186 acres bounded by comers 1~ 11~ I0~ 9~ 12 to I existing ROW of Blue ltill~ Circle
Liberty Property Limited Partnership states that the grounds for this application are as
follows:
(1) No adjacent landowners are impacted in any way. The right-of-way to be vacated is
not required for the function of Blue Hills Circle, N.E.
(2) The control ~nd maintenance of the property would be best suited to the abutting
property owner who has recently undertaken a significant expansion of the building and
business activities at the Elizabeth Arden facility.
WHEREFORE, Liberty Property Limited Partnership respectfully requests that the
above-described right-of-way be vacated by the Council of the City of Roanoke, Virginia,
in accordance with Virginia Code Section 15.2-2006 and Section 30-14, code of the city
of Roanoke (1979), as amended.
Respectfully submitted
NAME:
ADDRESS:
Alan T.Lingeffelt, Senior Vice President
Liberty Property Trust
12 South Third ST
Richmond, VA 23219
Date
PHONE: 804-644-9111
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
...... The Roanoke Times
............................................
LINGERFELT, ALAN T.
12 SOUTH THIRD STREET
LIBERTy PROPERTY TRU
RICHMOND VA 23219
REFERENCE: 80100327
02118571
State of Virginia
City of Roanoke
Blue Hills
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
Virg'nia. Sworn and subscribed before me this
--~-~-n__day of May 2003. Witness my hand and
official seal.
~-~~--e ~i r e s./~_ No~,t a ry Public
PUBLISHED ON: 05/02 05/09
220.80
05/09/03
TOTAL COST:
FILED ON:
Authorized ~
Signature:_ _~_ ~_~,
~ ~ ---- -- .... Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Heating on Monday, May 19,
2003, 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:
A 0.186 acre portion of the tight-of-way in the shoulder of Blue Hills Circle,
N.E.
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 12:00 noon on Thursday, May 15,
2003.
GIVEN under my hand this 29th day of~r±l
,2003.
Mary F. Parker, City Clerk.
H:\NOTICES/N.ST CLOS-BLUEHILLSCIR051903 DOC
Notice to Publisher:
Publish in the _Roanoke Times once on Friday, May 2, 2003, and once on Friday, May 9, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Alan T. Lingerfelt, Senior Vice President
Liberty Property Trust
12 South Third Street
Richmond, Virginia 23219
(804) 644-9111
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIO*
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
May 28, 2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City C~crk
Robert B. Marietta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
I am enclosing copy of Ordinance No. 36348-051903 rezoning property located within the
southwest quadrant of the City, identified as Official Tax Nos. 1330401-1330403, inclusive,
and 1330117, 1330118 and 1330134, located on Denniston Avenue, Memorial Avenue and
Our Street, S. W., from C-1, Office District, to CN, Neighborhood Commercial 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, May 19, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
po:
Memorial Avenue Associates, P. O. Box 8494, Roanoke, Virginia 24014
Messrs. Todd R. Marcum and Anthony Pearlman, 1901 Denniston Avenue, S. W.,
Roanoke, Virginia 24015
Mr. David S. Moeller, 2115 Berkley Avenue, S. W., Roanoke, Virginia 24015
Mr. Ronald F. Renick, 227 Crestview Avenue, Vinton, Virginia 24179
Cambridge Partnership, 1525 Ashley Drive, Salem, Virginia 24153
Mr. Edward B. Walker, 915 Welton Avenue, S. W, Roanoke, Virginia 24015
M r. Charles P. Cressman, 1816 Cambridge Avenue, S. W., Roanoke, Virginia 24015
Messrs. Paul Fariss and Mark Fariss, 3242 Hastings Road, S. W, Roanoke, Virginia
24018
N:\CKMH%Agenda.03\May 19, 2003 correspondence.wpd
Robert B. Manetta
May 28, 2003
Page 2
pc:
Mr. Carroll F. Toler, Jr., 1809 Denniston Avenue, S. W., Roanoke, Virginia 24015
Mr. Richard S. Winstead, 1322 Watauga Street, S. W., Roanoke, Virginia 24015
Mr. Francis J. Eastburn, 1810 Denniston Avenue, S. W., Roanoke, Virginia 24015
Mr. Bruce H. Cunningham, 1819 Cambridge Avenue, S. W., Roanoke, Virginia
24015
Mr. Ronald E. Webb, 4110 Alleghany Drive, Salem, Virginia 24153
Tom Hanes, President, Greater Raleigh Court Civic League, c/o Crews & Hancock,
P.L.C., P. O. Box 21187, Roanoke, Virginia 24018
Dr. R. Douglas Ross, Greater Raleigh Court Civic League, 1602 Grandin Road,
S. W., Roanoke, Virginia 24015
Darlene L. Burcham, City Manager
Rolanda B. Russell, 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
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMH 1 ~Agenda.03\May 19, 2003 correspondence.wpd
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of Nay, 2003.
No. 36348-051903.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 133, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City; and dispensing with the second reading by title of this ordinance.
WHEREAS, the Roanoke City Planning Commission made application to the Council
of the City of Roanoke to have the hereinafter described property rezoned from C-l, Office
District, to CN, Neighborhood 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 May 19, 2003, 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. 133 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular and no other:
Certain property located in the southwest quadrant of the City, and designated on
Sheet No. 133 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax
Nos.1330401, 1330402, 1330403, 1330117, 1330118, and 1330134, be, and are hereby
rezoned from C- 1, Office District, to CN, Neighborhood Commercial District, as set forth in
the Petition filed in the Office of the City Clerk on March 21, 2003, and that Sheet No. 133
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.
Architectural Review Board
Board of Zoning Appeals
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: pla n ning~¢i.roanoke.va.us
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request from the Roanoke City Planning Commission that property
identified as Official Tax Nos. 1330117, 1330118, 1330134,
1330401, 1330402 and 1330403, located on Memorial and
Denniston Avenue, S.W., and Our Street, S.W., be rezoned from
C-1, Office District, to CN, Neighborhood Commercial District.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, April 17, 2003. By a vote
of 6-0 (Mr. Manetta absent), the Commission recommended approval of the rezoning
request.
Background:
The owner of two properties that front on Memorial Avenue, SW (Official Tax
Nos. 1330117 & 1330118) approached Planning staff about rezoning the properties
from C-1, Office District, to CN, Neighborhood Commercial. This area represents the
eastern edge of the Grandin Village business area. Staff identified several adjacent
C-1 properties (Official Tax Nos. 1330134, 1330401, 1330402, and 130403) that are
similarly situated and recommended that all the parcels be included in a rezoning
initiated by the Planning Commission.
Mr. Chris Chittum, Senior City Planner, presented the staff report to the Planning
Commission and recommended approval. Several of the affected property owners
wrote letters supporting the rezoning. Mr. Chittum indicated that two adjoining property
owners had contacted him by phone and indicated that they did not object to the zoning
change. Mr. Frank Eastbum (1810 Denniston Avenue, S.W.), a nearby resident,
addressed the Commission and indicated his support for the rezoning.
Considerations:
Staff believes that CN is a more appropriate zoning for the properties as it will permit
uses and buildings that are more appropriate for the Grandin Village area. Rather than
addressing the zoning on a property-by-property basis, staff recommended that the
Planning Commission initiate a rezoning of all the properties at once.
The two properties owned by Mr. Edward Walker are currently vacant. No specific use
is proposed. One property on the north side of Memorial Avenue is occupied by a
house that has been converted into an office (Access). Properties on the south side of
Memorial include the fire station, a general contracting office, and a two-family
residential use.
All of the affected property owners have indicated their support for the proposed
rezoning. Staff received only one comment from an adjoining property owner, Richard
Winstead, who wished to have a portion of his property rezoned to CN. Since this
change would be from a residential district to a commercial district, staff believes it
would be more appropriate to deal with this request when the new zoning is drafted as
part of the zoning ordinance update.
The following Vision 2001-2020 recommendations support the rezoning:
NH P2.
Neighborhoods will functions as villages, offering opportunities to live,
work, shop, play, and interact in a neighborhood setting. Neighborhood-
oriented commercial activity will be encouraged in well-defined village
centers.
NH A3.
Rezone existing and potential village center locations to encourage and
accommodate higher-density development and a mixture of uses.
In addition, Vision 2001-2020 design principles for village centers recommend the
following:
· Buildings should be set close to the street with ground-floor facades that
emphasize pedestrian activity.
· Parking should be located on the street or to the rear or side of principal
buildings, and on-street parking should be encouraged.
2
The Greater Raleigh Court Neighborhood Plan recommends enhancement of the
pedestrian and bike friendliness of the village center. The plan also recommends that
commercial uses be carefully designed to relate well to adjoining residential uses.
CN is the appropriate zoning needed to permit future development in accordance with
the recommendations of Vision 2001-2020 and the Greater Raleigh Court
Neighborhood Plan.
Recommendation:
By a vote of 6-0 (Mr. Manetta absent), the Commission recommended that City Council
approve the rezoning. The rezoning is supported by, and consistent with, the
comprehensive plan in that it will encourage development that is appropriate for the
village center.
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
CC:mpf
attachment
cc: Darlene Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
In Re: Rezoning of property in the southwest quadrant of the City, identified as )
Official Tax Nos. 1330401, 1330402, 1330403, 1330117, 1330118, and )PETITION
1330134, located on Denniston Avenue, Memorial Avenue, and )TO REZONE
Our Street, S.W., fi.om C-l, Office District, to CN, Neighborhood )
Commercial District. )
To: The Honorable Mayor and Members of Council of the City of Roanoke
The petitioner, the Roanoke City Planning Commission, pursuant to Section 36.1-690,
Code of the City of Roanoke (1979), as amended, requests that the properties set out below be
rezoned fi.om C-l, Office District, to CN, Neighborhood Commercial District. The purpose of
this rezoning is to make the zoning more consistent with the adjacent Grandin Village business
area and to encourage uses and development patterns that are appropriate for a village center. A
map outlining the area proposed to be rezoned is attached to this petition as Exhibit A.
The property to be rezoned is more specifically identified as follows:
Official Tax No. 1330117, Memorial Avenue, S.W.
Official Tax No. 1330118, Memorial Avenue, S.W.
Official Tax No. 1330134, 1901 Denniston Avenue, S.W.
Official Tax No. 1330401, 1742 Memorial Avenue, S.W.
Official Tax No. 1330402, 1734 Memorial Avenue, S.W.
Official Tax No. 1330403, 1306 Our Street, S.W.
The Petitioner believes that the CN, Neighborhood Commercial District, will promote the
character of development desired in the area and will implement the policies and actions of
Vision 2001-2020.
Wherefore, the Petitioner requests that the above-described property be rezoned fi.om
C-1, Office District, to CN, Neighborhood Commercial District.
Attached as Exhibit B is a list of current property owners of the above-mentioned
properties, with support letters. Attached as Exhibit C is a list of current adjacent property
owners of the above-mentioned properties.
Respectfully submitted this 20th day of March, 2003.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
Tax No.
1330117
1330118
1330134
1330401
EXHIBIT B
Property Owner Listing
Property Address
Owner's Name and Mailing Address
Memorial Avenue, S.W.
Memorial Avenue Parmership, LLC
P O Box 8494
Roanoke, VA 24014
1901 Denniston Avenue, S.W.
Todd Russell Marcum
AnthonyPearlman
1901DermistonAvenue, S.W.
Roanoke, VA24015
1742 Memorial Avenue, S.W.
City of Roanoke
1330402
1330403
1734Memoh~ Avenue, S.W.
1306 Our Street, S.W.
David S. Moeller
2115 Berkley Avenue, S.W.
Roanoke, VA 24015
Ronald F. Renick
227 Crestview Avenue
Vinton, VA 24179
Ronald F. Renick
227 Crestview Ave.
Vinton, VA 24179
February 21, 2003
Mr. Chris Chittum
Senior Planner
Room 166, Municipal Building
215 Church Ave., SW
Roanoke, VA 24011
Dear Mr. Chittum
I am responding in regards to your recent letter concerning the rezoning of the property in
the Grandin Village area. I am in full support of the area changing from C-l, Office
District to CN Neighborhood Commercial Distr/ct. With this support I hope that you will
include my own property at 1306 - 1308 Our Street in the current project.
Thank you for making me aware of this issue and the opportunity to respond.
If you have any more information for me in the future please mail it to the above address
or contact me by phone, at 540-982-0757.
Sincerely,
Ronald F. Renick
Chris Chittum
City Planning Office
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building - Room 166
Roanoke, VA 24011
Dear Chris:
This is a note to follow up your meeting with Tony, Ed Walker and others concerning
the rezoning of the parcel adjacent to our property at 1901 Deuniston Ave. to CN. We
have read over the proposal and have no objection to the rezoning. We trust your
wisdom in the matter.
Sincerely,
Todd Marcum
Tony Pearman
Owners
1901 Denniston Ave. SW
Roanoke, Va. 24018
R OEIVED
,~901 lDenniston p~venUe Roanoke, Virginia 24015 P. 540.344.8499 1~ 540.344.4079
David Moeller
R IVED
2002
DS. Moeller Consnucrion Co. EQ Box 4542.. Roanoke, Va, 2.4014
November 20, 2002
Chris Chittum
215 Church Ave SW
Room 166
Roanoke, Va. 24011
CITY OFROANOKE Phone/Fax ( 540) ,~ 4,Z.7 Z S 2.
PLANNING I]UILDING AND DEVELOPMEI~,ri'
RECEIVED
I:IT~ OF ROANOKE
Dear Mr. Chittum,
I appreciate the invitation to participate in the discussion regard/ng Rezoning in the
Grand/n Road area. As a property owner in the area, I feel it is in my best interest to offer
my support in rezoning fi.om the current C-1 designation to CN zoning.
I can be reached at 342-7282 if you have any questions regarding my decision.
Respectfully,
David S. Moeller
DS MOELLER CONSTRUCTION
mOELLE.'.'
A RestoraMon & Remodelinq Company
EXHIBIT C
Adjoining Property Owners Listing
Tax No.
1330221
1330605
1330116
1330404
1330416
1330606
1330631
1330219
1330220
Property Address
1727 Memorial Avenue, S.W.
1802 Memorial Avenue, S.W.
1816 Cambridge Avenue, S.W.
1726 Memorial Avenue, S.W.
1809 Dermiston Avenue, S.W.
Denniston Avenue, S.W.
1810 Denniston Avenue, S.W.
1819 Cambridge Avenue, S.W.
1813 Cambridge Avenue, S.W.
Owner's Name and Mailing Address
Cambridge Partnership
1525 Ashley Drive
Salem, VA 24153
Edward B. Walker
915WeltonAvenue, S.W.
Roanoke, VA24015
Charles P. Cressman
1816 Cambridge Avenue, S.W.
Roanoke, VA 24015
Paul and Mark Fariss
3242 Hastings Road, S.W.
Roanoke, VA 24018
Carroll F. Toler, Jr.
1809 Denniston Avenue, S.W.
Roanoke, VA 24015
Richard S. Winstead
1322 Watauga Street, S.W.
Roanoke, VA 24015
Francis J. Eastbum
1810 Denniston Avenue, S.W.
Roanoke, VA 24015
Bmce H. Cunningham
1819 Cambridge Avenue, S.W.
Roanoke, VA24015
Ronald E. Webb
4110 Alleghany Drive
Salem, VA 24153
Memorial Ave, SW
1330'218
1330301
RI
1330607
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, April 17, 2003, 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.
Request from the Roanoke City Planning Commission that property identified as
Official Tax Nos. 1330117, 1330118, 1330134, 1330401, 1330402, and 1330403,
located on Memorial and Denniston Avenue, S.W., and Our Street, S.W., be
rezoned from C-1, Office District, to CN, Neighborhood Commercial District.
A copy of the 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, April 1 and 8, 2003
Please charge to credit card and send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & 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 REZONING REQUEST OF:
City of Roanoke on Denniston and Memorial Avenues,S.W.) AFFIDAVIT
and Our Street, S.W., from C-1 to CN )
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
21st day of March, 2003, notices of a public hearing to be held on the 17th day of April,
2003,on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Pamel
1330117
1330118
1330134
1330401
Owner's Name
Memorial Avenue Associates
Todd Russell Marcum
Anthony Pearlman
City of Roanoke
Mailinq Address
P O Box 8494
Roanoke, VA 24014
1901 Denniston Avenue
Roanoke, VA 24015
1330402
1330403
1330221
1330605
1330116
1330404
1330416
1330606
1330631
1330219
David S. Moeller
Ronald F. Renick
Cambridge Partnership
Edward B. Walker
Charles P. Cressman
Paul and Mark Fariss
Carroll F. Toler, Jr.
Richard S. Winstead
Francis J. Eastburn
Bruce H. Cunningham
2115 Berkley Avenue
Roanoke, VA 24015
227 Crestview Avenue
Vinton, VA 24179
1525 Ashley Drive
Salem, VA 24153
915 VVelton Avenue, S.W.
Roanoke, VA 24015
1816 Cambridge Avenue
Roanoke, VA 24015
3242 Hastings Road, S.W.
Roanoke, VA 24018
1809 Denniston Avenue
Roanoke, VA 24015
1322 Watauga Street
Roanoke, VA 24015
1810 Denniston Avenue
Roanoke, VA 24015
1819 Cambridge Avenue
Roanoke, VA 24015
1530220
Ronald E. Webb
4110 Alleghany Drive
Salem, VA 24153
Neighborhood Contacts:
Tom Hanes, President
Greater Raleigh Court Civic
c/o Crews & Hancock, PLC
P O Box 21187
Roanoke, VA 24018
Dr. R. Douglas Ross
Greater Raleigh Court Civic League
1602 Grandin Road, SW
Roanoke, VA 24015
Mar(h~ Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 21st day of March, 2003.
My Commission Expires: ~,~_ ~.~ ~ Nodta~,_ Public
MARY F. PARKER, CMC
City
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, ua
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
May 2, 2003
File #51
Memorial Avenue Associates
Mr. Todd R. Marcum
Mr. Anthony Pearlman
Mr. David S. Moeller
Mr. Ronald F. Renick
Cambridge Partnership
Mr. Edward B. Walker
Mr. Charles P. Cressman
Mr. Paul Fariss
Mr. Mark Fariss
Mr. Carroll F. Toler, Jr.
Mr. Richard S. Winstead
Mr. Francis J. Eastburn
Mr. Bruce H. Cunningham
Mr. Ronald E. Webb
Tom Hanes, President
Greater Raleigh Court Civic League
Dr. R. Douglas Ross
Greater Raleigh Court Civic League
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, May 19,
2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City
of Roanoke, on the request of the City Planning Commission that property located within
the southwest quadrant of the City, identified as Official Tax Nos. 1330401-1330403,
inclusive, and 1330117, 1330118 and 1330134, located on Denniston Avenue, Memorial
Avenue and Our Street, S. W., be rezoned from C-1, Office District, to CN, Neighborhood
Commercial 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.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
MFP:mh
Sincerely,
Mary F; Parker, CMC
City Clerk
H:\Public Headngs.03'uMay 19.att-po.lttrs.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
March 25, 2003
File #51
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Martha P. Franklin, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Franklin:
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 March 21, 2003,
from Robed B. Manetta, Chair, City Planning Commission, requesting that property located
within the southwest quadrant of the City, identified as Official Tax Nos. 1330401-1330403,
inclusive, and 1330117, 1330116 and 1330134, located on Denniston Avenue, Memorial
Avenue and Our Street, S. W., be rezoned from C-1, Office District, to CN, Neighborhood
Commercial District.
MFP:mh
Sincerely,~,~, ~ '~' .~~
Mary F. Parker, CMC
City Clerk
Enclosures
H:\Rezonings ~ Street.Alley Closings.03\City Planning Commission-Southwest quadrant.rezoning.wpd
Martha P, Franklin
March 25, 2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Robert B. Marietta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
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.03\City Planning Commission-Southwest quadrant.rezoning,wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARy PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02118363
State of Virginia
City of Roanoke
Rezonings
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 May 2003. Witness my hand and
officia~l seal ;
PUB~JiSHED ON: 05/02 05/09
TOTAL COST:
FILED ON:
230.00
05/09/03
A.uthorized ,~. ~ ~ /~ / -
Sigh/at,re:__/.~/~_/(_~_~_~__ ..... Billing Service, Repre,e~ltative
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, May 19, 2003, 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 C- 1, Office
District, to CN, Neighborhood Commercial District, the following property:
Official Tax Nos. 1330117, 1330118, 1330134, 1330401, 1330402, and
1330403.
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, May 15, 2003.
GIVEN under my hand this 29th day of April _, 2003.
Mary F. Parker, City Clerk.
H/NOTICES/N P~EZ.S W QUAD051903 DOC
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
May 28, 2003
File #2-166-207
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36349-051903 authorizing execution of an Option
Agreement with Roanoke Development, L.L.C., for the option to purchase a parcel of land
known as New Tract F and consisting of approximately 18.437 acres in the Roanoke
Centre for Industry and Technology, upon certain terms and conditions; authorizing the City
Manager to take such further action and to execute such other documents as may be
required in connection with such Option Agreement; 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, May 19, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
J. Ryan Lingerfelt, Principal, Roanoke Development, L.L.C., 12 South 3r~ Street,
Richmond, Virginia 23219
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of May, 2003.
No. 36349-051903.
AN ORDINANCE authorizing the execution of an Option Agreement with
Roanoke Development, LLC, for the option to purchase a parcel of land known as New
Tract F and consisting of approximately 18.437 acres in the Roanoke Centre for Industry
and Technology ("RCIT"), upon certain terms and conditions; authorizing the City
Manager to take such further action and execute such other documents as may be
required in connection with such Option Agreement; and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke, Virginia that:
1. The City Manager and City Clerk are authorized to execute and attest,
respectively, upon form approved by the City Attorney, an Option Agreement with
Roanoke Development, LLC, for the option to purchase an approximate 18.437 acre
parcel of land known as New Tract F and located in the Roanoke Centre for Industry and
Technology, and as more particularly stated in the City Manager's letter to City Council
dated May 19, 2003, with such Option Agreement being substantially similar to the one
attached to such letter.
2. The City Manager is also authorized to take such further action and execute
such other documents as may be required to implement such Option Agreement and, if
exercised, the subsequent sale of such Property, and for related matters, as referred to in
the above-mentioned letter.
3. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
2
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
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice-Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Sale or Option of City Owned Property
The City of Roanoke Department of Economic Development staff has been negotiating with a
potential buyer for the purchase New Tract F, tax map number 7230105, at the Roanoke
Centre for Industry and Technology (RCIT.) In order to option or sell property a public hearing
is required under the Virginia Code, and has been scheduled for May 19, 2003, and the Option
Agreement has been finalized for City Council approval.
Recommended Action:
Following the public hearing on the Option Agreement for the sale of New Tract F at RCIT,
authorize the City Manager to execute an Option Agreement, substantially similar to the one
attached to this letter, and to take such further action and execute such other documents as
may be required to implement sale of such property at RCIT.
City Manager
DLB:ean
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth Neu, Director of Economic Development
CM003-00098
OPTION AGREEMENT
THIS OPTION AGREEMENT,(the "Option Agreement") is made and entered into this
day of , 2003, by and between the CITY OF ROANOKE, VIRGINIA, a
municipal corporation organized and existing under the laws of the Commonwealth of Virginia
("Owner"), and ROANOKE DEVELOPMENT, LLC, a limited liability company organized and
existing under the laws of the Commonwealth of Virginia, COptionee").
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of the following mai property, together with
all improvements thereon and all rights and appurtenances thereunto belonging, all of which is
hereinafter referred to as the "Property:"
A 18.437 acre, mom or less, tract, identified as Roanoke City Tax Map No. 7230105,
shown as New Tract F on Exhibit 1, which is attached hereto and made a part hereof,
and is entitled "Plat Showing the Resubdivision of a 116.048 Acre Tract Creating
Hereon New Tract "A" (12.042 Acres), Tract "B" (7.423 Acres), Tract "F" (18.437
Acres), "Utility Lot 1" (0.331 Acres), "Utility Lot 2" (0.332 Acres) and Dedicating
3.711 Acres for the Right-of-Way of Blue Hills Drive and Leaving 73.772 Acres of
Remaining Property of the City of Roanoke", on record in the Clerk's Office for the
Circuit Court of the City of Roanoke, Virginia, in Map Book 1, pages 2408 and
2409.
WHEREAS, the Optionee desires to enter into an option agreement for the purchase of the
Property subject to the terms and conditions stated herein.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements
contained heroin, the parties agree and covenant as follows:
1. In consideration of the sum of FORTY-ONE THOUSAND TWO HUNDRED
FIFTY AND NO/DOLLARS ($41,250.00) cash in hand paid (the "Option Fee"), and other good
and valuable consideration, the receipt of all of which is hereby acknowledged by the Owner, the
05/16/03
Owner grants to the Optionee, or its assignee, the sole, exclusive and irrevocable option (the
"Option") to purchase the Property, with Special Warranty of Title, for a total purchase price and
subject to the terms and conditions set forth herein, of EIGHT HUNDRED TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($825,000.00) (the "Purchase Price"). The Property is
subject to the terms contained in the Deed of Restriction-Addition to Roanoke Centre for Industry
and Technology, on record in the Clerk's Office of the Circuit Court for the City of Roanoke, in
Deed Book 1656, Page 869 (the "Deed of Restriction").
2. If Optionee exercises the Option and Closing occurs hereunder, the purchase of the
Property shall be subject to the following terms and conditions:
(a) Optionee or its assignee (hereafter collectively referred to as "Optionee") hereby
agree to begin construction on the Property within twelve (12) months of the Closing Date of a
manufacturing facility with related storage and office space and having at least 100,000 square feet
(the "Facility"). For purposes of this Option Agreement, the term "Closing Date" is defined as the
date the Owner and Optionee execute a deed, which will indicate that the requirements of this Option
Agreement shall survive the closing, transferring fee s~mple title to the Property from the Owner to
the Optionee, and which date shall be no later than forty-five (45) days after the date of Optionee's
written notice to the Owner exercising the Option. For purposes of this Option Agreement, the term
"construction" shall mean actual construction of the building and will not include site preparation
or grading. Optionee further agrees that construction of the Facility shall be completed and a
temporary or permanent certificate of occupancy that will allow manufacturing shall be obtained for
the Facility within twenty four (24) months of the Closing Date. Optionee hereby agrees to cause
to be invested a minimum of Four Million Dollars ($4,000,000.00) for the construction and
completion of the Facility, including the purchase and installation by Optionee or Optionee's tenant
2 05/16/03
of manufacturing equipment for the Facility. Optionee further agrees that Owner shall have the right
to examine and copy Optionee's invoices and all related documents to ensure that this requirement
has been met. The contemplated improvements to the extent described in this Option appear to be
authorized by and in compliance with all existing zoning laws, ordinances, roles and regulations
applicable to the Property.
(b) If Optionee fails to start construction of the Facility as required in Section 2(a) above
within the required time period, the Owner shall have the option, in the Owner's sole discretion, to
be exercised by written notice to Optionee from Owner within sixty (60) days after the expiration
of such time period, to repurchase the Property for the purchase price paid by the Optionee less the
Option Fee and all costs of transfer back to the Owner and the Optionee agrees to take any and all
action and to execute and deliver any documents necessary to accomplish such transfer back to the
Owner.
(c) If the construction of the Facility is started as required in Section 2(a) above within
the required time period, but such construction is not completed within twenty-four (24) months of
the Closing Date and Optionee has not obtained the above mentioned certificate of occupancy for
the Facility within the required time period and Optionee has not invested, or caused to be invested,
a minimum of Four Million Dollars ($4,000,000.00), as provided in Section 2(a), Optionee agrees
to pay Owner within thirty (30) days of demand an additional One Hundred Fifty Thousand and/No
dollars ($150,000.00). The intent being that Optionee must meet all of the requirements in Section
2(a) above or pay Owner the additional amount of $150,000.00.
3. If the Optionee exercises the Option, the Option Fee shall be applied to the Purchase
Price, unless Optionee's assignee pays to Owner the total amount of the Purchase Price
($825,000.00), in which case the Option Fee will be refunded to Optionee. In consideration for the
05/I 6/03
Owner not being able to actively market the Property, if the Optionee does not exercise this Option
to purchase, or fails to close by the Closing Date, the Option Fee shall be retained by the Owner,
except as specifically provided in Section 5 or if failure to close is due to the sole fault of the Owner.
Furthermore, Optionee agrees it will have a valid, long term lease agreement (at least (10) years)
with SEMCO Incorporated of Virginia for SEMCO to lease and operate the Facility and for SEMCO
to install in the Facility manufacturing equipment for Semco's operations. The Optionee will
provide the Owner with a properly executed copy of such lease at least five (5) business days prior
to the Closing Date. If Optionee fails to have such a lease and present it to the Owner, the Owner
may elect not to close, terminate the Option, and retain the Option Fee.
4.(a) The exercise of the Option shall be made by Optionee delivering written notice of the
exercise of the Option to Owner, as provided in Section 9, not later than one hundred twenty (120)
days from the date of this Option Agreement (the "Option Period"). If Optionee does not exercise
the Option by the aforesaid date, this Option Agreement shall automatically terminate. If Closing
does not occur within the required time period, unless extended by mutual agreement of the parties
or as provided in the Option, the Option Agreement will be deemed to be terminated and Owner
shall be entitled to retain the Option Fee, unless the failure to close is due to the sole fault of the
Owner.
(b) If the Option is exercised, the Closing shall be held at the Office of the City Attorney
of the City of Roanoke, Virginia, not later than forty-five (45) days after the exercise of this Option,
unless reasonable extensions of time are necessary and mutually agreed to by the parties. Such
reasonable extensions of time shall be in writing signed by the Owner and the Optionee. At closing,
Owner shall execute, acknowledge and deliver to Optionee a Special Warranty Deed, as mentioned
in Section 2(a), conveying the Property to Optionee, subject to all lawfully recorded easements,
0giG03
conditions, restrictions, and agreements that lawfully apply to the Property. Owner also shall
execute, acknowledge, and deliver any other appropriate instruments, documents and assurances
reasonably acceptable to Owner and reasonably required or requested by Optionee or a title insurance
company consistent with the Option in order to consummate this transaction and effect the
conveyance of the Property to Optionee as herein provided, including, without limitation, an owner's
affidavit in form satisfactory and acceptable to Owner and to Optionee's title insurance company in
substantially similar form to the one attached as Exhibit 2. Possession of the Property shall be
delivered to Optionee at the Closing, in the same condition as it now is, ordinary wear and tear only
excepted. If any of the deadlines for closing in this Option fall after the scheduled Closing Date, the
Closing Date shall be extended on a day-to-day basis to provide for the full term of such deadlines.
5.(a) Owner hereby represents and warrants to Optionee that Owner's title to the Property
is good, merchantable and marketable fee simple title, except for all lawfully recorded easements,
conditions, restrictions, and agreements that lawfully apply to the Property, such exceptions not to
include any lawfully recorded easements, conditions, restrictions or agreements which lawfully apply
to the Property but which are recorded subsequent to the date of execution of this Option and prior
to the Closing Date. Optionee may, at its own cost and expense, examine title to the Properly (the
"Title Examination") and have a survey (the "Survey") prepared. At least thirty (30) days prior to
exercising the Option, Optionee shall furnish Owner with a written statement of any objections to
title to the Property reflected by the Title Examination or by the Survey (collectively, the "Title
Objections"). Optionee may also have an environmental assessment conducted at its own cost and
expense. If Optionee has any objections to conditions discussed in the environmental assessment
(the "Environmental Objections"), it shall notify Owner in writing of its objections at least thirty (30)
days prior to exercising the Option. The written notice to Owner with respect to Title Objections
05/16/03
and/or Environmental Objections shall include a copy of the Title Examination, Survey, and reports
resulting from the environmental assessment, as appropriate. Owner shall have sixty (60) days after
the receipt of such statement of Title Objections and/or Environmental Objections in which to either
cure all Title Objections and Environmental Objections or provide evidence that same will be cured
on or before the Closing Date, all to Optionee'smasonable satisfaction. Should Owner not cure all
of the Title and Environmental Objections or provide acceptable evidence of Owner'sability to cure
all of the Title Objections and Environmental Objections prior to the Closing Date, Optionee may,
at its option, either (i) terminate this Option Agreement, and receive a prompt refund of the Option
Fee, in which case this Option Agreement shall terminate automatically and shall be of no further
force or effect; or (ii) waive any such unresolved Title Objections and Environmental Objections and
proceed to Closing. From the date of this Option until the Closing Date, Owner shall take no action
which will preclude Owner from conveying good, merchantable and marketable fee simple title to
the Optionee.
(b) The Property, or any public right-of-way contiguous to it, is capable of being
connected by Optionee to water, sewage disposal, and storm drainage and the same can be so
connected in accordance with all applicable laws and ordinances, mles and regulations of all public
or quasi-public authorities having or claiming jurisdiction thereover.
6. The Owner hereby grants to Optionee, its officers, agents, employees, contractors,
subcontractors, licensees, designees, representatives and consultants ("Agents") the right to enter
upon the Property at any time during the Option Period, upon two (2) business days prior written
notice to the Owner, in order to survey, make test borings, and carry out such other examinations,
exploratory work, or testings as may be necessary to complete a Phase I and Phase II Environmental
Assessments of the Property upon the following terms and conditions:
(a) If the Optionee exceeds its rights granted under this Section 6 or fails to obtain and
maintain the insurance required by this Section 6, the Owner may revoke this fight of entry if, after
ten (10) days wfitten notice to Optionee, such problems have not been corrected.
(b) Optionee agrees to be responsible for any and all damages resulting from the activity
or activities of Optionee and its Agents on the Property in the exercise of the rights granted under
this Section 6. In the event this Option Agreement is terminated for any reason prior to Closing,
Optionee shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the
rights under this Section 6 to a condition equal to that existing immediately pfior to entry upon the
Property.
(c) Optionee agrees and binds itself and its successors and assigns to indemnify, keep
and hold the Owner and its officers, employees, agents, volunteers and representatives (hereafter
"Representatives") free and harmless from any and all liability, claims, causes of action, costs, and
damages of any type, including attorney's fees, on account of any injury or damage of any type to
any person or property growing out of or directly or indirectly resulting from any act or omission
of Optionee or its Agents, including, but not limited to, Optionee's use of the Property in violation
of the provisions of this Option Agreement or the exercise of any fight or privilege granted by or
under this Section 6. In the event that any suit or proceeding shall be brought against the Owner
and/or its Representatives (for which Owner or its Representatives shall be entitled to
indemnification hereunder) at law or in equity, either independently or jointly with Optionee and its
Agents on account thereof, Optionee, upon notice given to it by the Owner and any of its
Representatives, will pay all costs of defending the Owner and any of its Representatives in any
such action or other proceeding. In the event of any settlement or any final judgment being awarded
against the Owner and/or any of its Representatives, either independently or jointly with Optionee
7 05/16/03
and its Agents, then Optionee will pay such settlement or judgment in full or will comply with such
order or decree, pay all costs and expenses of whatsoever nature (for which Owner and its
Representatives shall be entitled to indemnification hereunder) and hold the Owner and/or any of
its Representatives harmless therefrom.
(d) Optionee shall, at its sole expense, obtain and maintain the insurance set forth below.
Any required insurance shall be effective prior to the beginning of any work or other performance
by Optionee under this Section 6. The following policies and coverages are required:
(1)
Commercial General Liability. Commercial General Liability insurance, written
on an occurrence basis, 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 Optionee'sperformance under this Section 6. The minimum limits
of liability for this coverage shall be $1,000,000 combined single limit for any
one occurrence.
(2)
Contractual Liability. Broad form Contractual Liability insurance shall include
the indemnification obligation set forth in section (c) of this Section 6.
(3)
Workers'Compensation. Workers'Compensation insurance covering Optionee' s
statutory obligation under the laws of the Commonwealth of Virginia and
Employer'sLiability insurance shall be maintained for all its employees engaged
in work under this Section 6. 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, Optionee's
insurance company shall waive rights of subrogation against the Owner, its
officers, employees, agents, volunteers and representatives.
(4)
Automobile Liability. The minimum limit of liability for Automobile Liability
Insurance shall be $1,000,000 combined single limit applicable to owned or non-
owned vehicles used in the performance of any work under this Section 6.
(e) The insurance coverages and amounts set forth above may be met by an umbrella
liability policy following the form of the underlying primary coverage in a minimum amount of
$1,000,000. 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
05/16/03
indicated for the insurance providing the coverages required by this section, and it is further agreed
that such statement shall be made a part of the certificate of insurance furnished by Optionee to the
Owner.
All insurance shall also meet the following requirements:
(1)
Optionee shall furnish the Owner 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.
(2)
T~e requ!red certificate or certificates of insurance shall provide for thirty (30) days
prior written notice to those persons named in the certificate and to the Risk
Management Officer for the City of Roanoke before any cancellation of the policy
and will seek to have the term "material term" also included.
(3)
(4)
The required certificate or certificates of insurance shall name the City of Roanoke,
its officers, employees, agents, volunteers and representatives as additional
insureds.
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.
(5)
Insurance coverage shall be in a form and with an insurance company approved by
the Owner which approval shall not be unreasonably withheld. Any insurance
company providing coverage under this Section 6 shall be authorized to do business
in the Commonwealth of Virginia.
(f) Upon the request of Owner, Optionee and its Agents shall, within a reasonable period
of time after receipt of any preliminary or final test results or conclusory reports and opinion
statements, deliver copies of same to Owner. If Owner so requests, Optionee, at no charge to Owner,
shall also turn over copies of raw data and any laboratory and observation reports or analyses
obtained.
(g) In connection with exercising any rights under this Section 6, Optionee and its Agents
shall at all times comply with all applicable federal, state, and local laws, rules and regulations and
prior to exercising any rights under this Section 6 and shall obtain, at their cost, any and all permits
therefor.
05/16/03
7. In connection with the pumhase of the Property by Optionee, if the Optionee
exercises the Option and the Owner receives the total Purchase Price and Optionee complies with
all the terms of this Option Agreement, then Owner agrees as follows: (a) that it will complete,
subject to appropriation of funds by City Council, a road extension extending Blue Hills Drive to
serve the Property and other areas of the Roanoke Centre for Industry and Technology within
twenty-four (24) months of the Closing Date; (b) make timely application to the Virginia Department
of Transportation (VDOT) for Industrial Access Road Funding for such extension of Blue Hills
Drive; and (c) if such funding is received and permanently retained by Owner, then the Purchase
Price will be reduced as set forth herein. The Purchase Price will be reduced by an amount equal
to the amount Owner may receive and retain from VDOT as set forth above, up to a maximum
amount of One Hundred Fifty Thousand and no/Dollars ($150,000.00), but only after it is finally
determined by Owner that Owner will be entitled to permanently retain such funds. Should the
Purchase Price of the Property be reduced as set forth herein, any such reduction amount, up to the
maximum amount, will be refunded to Optionee, without interest, within sixty (60) days of the final
determination of such reduction amount by the Owner.
8. Owner and Optionee warrant and represent to each other that no person or entity can
properly claim a right to a commission, finder's fee, or other compensation based upon contracts or
understandings between such claimant and the respective party or with respect to the transaction
contemplated by this Option Agreement.
9. All notices called for hereunder shall be delivered in writing and shall be deemed to
have been given when delivered by registered or certified mail, return receipt requested, by hand,
overnight delivery by national courier or by telecopier with proof of receipt if the original follows
by certified inail, to:
Owner:
Elizabeth Neu, Director of Economic Development
City of Roanoke, Department of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA, 24011
Telecopier: (540) 853-1213
with a copy to:
City Attorney
464 Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Telecopier (540) 853-1221
Optionee:
Roanoke Development, LLC.
C/o J. Ryan Lingerfelt
9812 Ridge Meadow Place
Richmond, VA 23233
Telecopier: (804) 225-7223
with a copy to:
William F. Gieg
McGuireWoods LLP
One James Center
901 E. Cary Street
Richmond, VA 23219
Telecopier: (804) 698-2062
or to such other address as the party to receive such notice may hereafter request by written notice
to the other.
10. This Option Agreement may not be assigned by either party without the prior written
consent of the other. The Roanoke City Council may authorize the City Manager to consent to such
assignment by Optionee. Subject to the foregoing provision, this Option Agreement shall be binding
upon and inure to the benefit of and be binding upon the parties' respective successors and assigns.
If this Option Agreement is assigned by either party, such assignment shall not relieve the assigning
party from any or all of their respective obligations under the terms of this Option Agreement.
11. This Option Agreement shall be construed according to the laws of the
05/16/03
Commonwealth of Virginia.
12. Whenever a day is appointed herein on which, or a period of time is designated within
which, either party is required to do or complete any act, matter or thing, the time for the doing or
completion thereof shall be extended by a period of time equal to the number of days on or during
which such party is prevented from, or is materially interfered with in the course of, the doing or
completion of such act, matter or thing because of strikes, lock-outs, embargoes, unavailability of
labor or materials, wars, insurrections, rebellions, declaration of national emergencies, acts of God,
or other causes beyond such party's reasonable control (financial inability excluded); provided,
however, nothing contained in this Section shall excuse either party from the prompt payment of any
amount payable by such party hereunder. However, any party making a claim for such an extension
of time shall give the other party written notice of such claim within five (5) business days of the
occurrence of the event giving rise to the claim.
13. The Optionee consents to the jurisdiction ora court of the Commonwealth of Virginia
in the City of Roanoke and of the United States District Court for the Western District of Virginia,
in Roanoke, Virginia, in connection with any action, suit or other proceeding arising out of or
relating to this Option Agreement and further waives and agrees not to assert in any such action, suit
or proceeding, that it is not personally subject to the jurisdiction of such courts, that the action, suit
or proceeding, is brought in an inconvenient forum or that the venue of the action, suit or proceeding
is improper.
14. All risk of loss or damage to the Property by fire, windstorm, casualty, or other cause
is assumed by Owner until the Closing Date. In the event of loss or damage to the Property before
Closing, Optionee shall have the option of either terminating this Option by sending a written notice
of termination to Owner and recovering the Option Fee or affirming this Option in writing. Provided,
however, Optionee must exercise such option to terminate within thirty (30) days after Optionee
05/16/03
receives written notice of such occurrence or it will be deemed waived and that Optionee has
affirmed this Option Agreement.
15. The persons signing this Option Agreement represent and warrant that they are duly
authorized to sign it on behalf of the party indicated.
16. The parties agree that the representations, obligations, requirements, and warranties
contained in this Option Agreement shall continue to be fully enfomeable and survive the closing
and any deed for the Property and that the doctrine of merger shall not apply to this Option
Agmement.
17. This Option Agreement, including the exhibits hereto, represent the entire
understanding between the parties, and them am no collateral or oral agreements or understandings,
and this Option Agreement shall not be modified unless in writing of equal formality signed by both
parties.
1N WITNESS WHEREOF, the parties hereto have executed this Option Agreement by their
authorized representatives.
ATTEST: CITY OF ROANOKE, VIRGINIA
Mary F. Parker, City Clerk
By.
Its
COMMONWEALTH OF ViRGINIA §
§ To-Wit:
CITY OF ROANOKE §
The foregoing instrument was acknowledged before me this __ day of ,2003,
by Darlene L. Burcham, City Manager for the City of Roanoke, for and on behalf of said municipal
corporation.
My Commission expires:
[ SEAL ]
Notary Public
05/16/03
WITNESS/ATTEST: ROANOKE DEVELOPMENT, LLC, a Virginia
limited liability company
By
(Title) (Title)
COMMONWEALTH OF V1RG1NIA
§ To-Wit:
The foregoing instrument was acknowledged before me this __day of ,2003, by
the of Roanoke Development,
LLC, for and on behalf of said corporation.
My Commission expires:
[SEAL]
Notary Public
Appropriation and Funds Required
For this contract Certified
Director/Deputy Director of Finance
Date:
Account#:
Approved as to Form:
Approved as to Execution:
Assistant City Attorney
Assistant City Attorney
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
Roanoke. corn CITY CLERK '~ I"~ f' i~ P~O~:~
.................................................. + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02123342
New Tract F-Rke Cen
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
J~_~___day of May 2003. Witness my hand and
official seal.
~O~ ~ ~~ Not- P bl
PUBLISHETM ON: 05/10
TOTAL COST: 0.00
FILED ON: 05/12/03
Authorized ~ /~ _~ ~' r
S ignature:_/~____~_~__~_~~x~, Billing Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to enter into an option or sale agreement for the sale of 18.437
acres of City-owned property, identified as New Tract F, located at the Roanoke Centre for Industry
and Technology, for commercial purposes.
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 May 19, 2003, commencing at 7:00
p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue,
S.W., Roanoke, Virginia. 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 853-2541 before 12:00 noon on Thursday, May 15, 2003.
GIVEN under my hand this 6th day of_. I~a¥ ,2003.
Mary F. Parker, City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 23, 2003
File #2-166-207
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. 36350-051903 approving the issuance of up to
$6,000,000 in Revenue Bonds of the Industrial Development Authority of the City of
Roanoke, Virginia, at the request of WELBA I, LLC, or another limited liability company to
be formed by the principals thereof, to assist in the financing of the acquisition,
construction and equipping of a facility consisting of approximately 104,400 square feet to
be leased to Semco, Inc., and to be used for the manufacture of ductwork which will be
located on New Tract F in the Roanoke Centre for Industry and Technology, which
approval is required by § 147(f) of the Internal Revenue Code of 1986, as amended, and
§15.2-4906 of the Code of Virginia (1950), as amended.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, May 19, 2003.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc: Harwell M. Darby, Jr., Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
H:~Agenda,03\May 19, 2003 correspondence,wpd
Darlene L. Burcham
May 23, 2003
Page 2
pc:
J. Ryan Lingerfelt, Principal, Roanoke Development, L.L.C., 12 South 3rd Street,
Richmond, Virginia 23219
Robert L. Brown, Vice-President, Semco, Inc., 1800 East Pointe Drive, Columbia,
Missouri 65201
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
H:~,genda.03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, ViRGINIA,
The 19th day of lqay, 2003.
No. 36350-051903.
A RESOLUTION approving the issuance of up to $6,000,000 in Revenue Bonds of the
Industrial Development Authority of the City of Roanoke, Virginia (the "Authority") at the
request of WELBA I, LLC, or another limited liability company to be formed by the principals
thereof ("Borrower"), to assist in the financing of the acquisition, construction and equipping of
a facility consisting of approximately 104,400 square feet to be leased to Semco Incorporated,
and to be used for the manufacture of ductwork ("Project") which will be located on New Tract
F in the Roanoke Centre for Industry and Technology (the "Centre"), which approval is required
by {}147(0 of the Internal Revenue Code of 1986, as amended, and {}15.2-4906 of the Code of
Virginia (1950), as amended.
WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia
("Authority"), has considered the application of WELBA I, LLC, or another limited liability
company to be formed by the principals thereof ("Borrower"), requesting the issuance of the
Authority's revenue bonds in an amount not to exceed $6,000,000 ("Bonds") to assist in the
financing of the Borrower's acquisition, construction and equipping of a facility consisting of
approximately 104,400 square feet to be leased to Semco Incorporated, whose address is 1800
East Pointe Drive, Columbia, Missouri 65201, and to be used for the manufacture of ductwork
for use in commercial and other buildings ("Project") to be located on New Tract F in the
Roanoke Centre for Industry & Technology (the "Centre"), and has held a public hearing on
April 9, 2003;
H:\MeasuresXsemco ida.doc 1
WHEREAS, the Centre is located adjacent to U.S. Route 460, three miles east of 1-581,
in the City of Roanoke, Virginia;
WHEREAS, Section 147(I9 of the Intemal Revenue Code of 1986, as amended (the
"Code"), provides that the governmental unit having jurisdiction over the issuer of private
activity bonds and over the area in which any facility financed with the proceeds of private
activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia
("City"); the Project is to be located in the City and the City Council of the City of Roanoke,
Virginia ("Council") constitutes the highest elected governmental unit of the City;
WHEREAS, the Authority has recommended that the Council approve the issuance of the
Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds,
subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Council.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. The Council approves the issuance of $6,000,000 in Revenue Bonds by the Authority
for the benefit of the Borrower, as required by Section 147(0 of the Code and Section 15.2-4906
of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist
in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower.
3. The Council directs the City Manager to request an allocation of the State Ceiling (as
defined in §15.2-5000 of the Code of Virginia of 1950, as amended) in accordance with the
applicable provisions of the Code of Virginia of 1950, as amended, and any regulations or
executive orders issued thereunder.
4. This resolution shall take effect immediately upon its adoption.
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
May 19, 2003
The Honorable Ralph K. Smith, Mayor
The Honorable Nelson Harris, Vice-Mayor
The Honorable William Bestpitch, Council Member
The Honorable Rupert Cutler, Council Member
The Honorable Alfred Dowe, Council Member
The Honorable Beverly Fitzpatrick, Jr., Council Member
The Honorable Linda Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Resolution Approving IDA
Bond Financing for WELBA I, LLC
The Industrial Development Authority of the City of Roanoke, Virginia, approved a
resolution for IDA bond financing on April 9, 2003 in an amount not to exceed
$6,000,000 for WELBA I, LLC, or another limited liability company to be formed by the
principals thereof.
Furthermore, the City of Roanoke's Department of Economic Development staff has
been negotiating with Roanoke Development, LLC, the other company referred to
above, for an Option Agreement for the purchase of New Tract F in the Roanoke Centre
for Industry and Technology. They would build a new facility at RCIT and lease it to
SEMCO Incorporated of Virginia for manufacturing purposes. The option agreement
matter is set for a public hearing on May 19, 2003, prior to Council's consideration of
this matter.
Recommendation:
Approve the issuance of Industrial Development Bonds by the IDA not to exceed
$6,000,000 as set forth in the attached Resolution and authorize the City Manager to
take the action requested in the Resolution.
DLB:ean
u~spectfully submitted,
Darlene L. BurCnam
City Manager
Honorable Mayor and Members of Council
May 19, 2003
Page 2
Attachment
c: Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Beth Neu, Director of Economic Development
CM-03-00102
NOTICE iOF PUBLIC HEARING ON PROPOSED
REVE~E BO~ F~NX~Ci~ BY
INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF ROANOKE, VIRGINIA
Notice is hereby given that the Industrial Development Authority of the City of Roanoke,
Virginia ("Authority") whose address is 1 I I Franklin Plaza, Suite 200, Roanoke, Virginia 24011
will hold a public hearing on the application of WELBA I, LLC, or another limited liability
company to be formed by the principals thereof ("Borrower"), whose address is 9812 Ridge
Meadow Place, Richmond, Virginia 23233, requesting the Authority to issue up to $6,000,000 of
its revenue bonds to assist the Borrower in acquiring, constructing and equipping a facility to be
leased to Semco Incorporated whose address is 1800 East Pointe Drive, Columbia, Missouri
65201 and to be used for the manufacture of ductwork for commercial and other buildings
consisting of approximately 104,400 square feet to be located on New Tract F in the Roanoke
Centre for Industry & Technology (the "Centre") The Centre is located adjacent to U.S. Route
460, three miles east of 1-58 l, in the City of Roanoke, Virginia.
The issuance of revenue bonds as requested by the Borrower will not constitute a debt or
pledge of the faith and credit of the Commonwealth of Virginia or the City of Roanoke, Virginia,
and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any
political subdivision thereof will be pledged to the payment of such bonds.
The public hearing, which may be continued or adjourned, will be held at 8:00 o'clock
a.m. on April 9, 2003, before the Authority, in Board Room of the Office of Economic
Development of the City of Roanoke, Virginia, at I 11 Franklin Plaza, Suite 200, in Roanoke,
Virginia 24011. Any person interested in the issuance of the bonds or the location or nature of
the proposed project may appear at the hearing and present his or her views. Information
regarding the Borrower's application is on file and is open for inspection at the Authority's office
at 1 I 1 Franklin Plaza, Suite 200, Roanoke, Virginia 24011 during business hours.
Industrial Development Authority
of the City of Roanoke, Virginia
CERTIFICATE
The undersigned Secretary of the Industrial Development Authority of the City of
Roanoke, Virginia ("Authority") certifies as follows:
1. A meeting of the Authority was duly called and held on April 9, 2003, at [8:00]
o'clock a.m. in the Board Room of the Office of Economic Development of the City of Roanoke,
Virginia at 111 Franklin Plaza, Suite 200, in Roanoke, Virginia, pursuant to proper notice given
to each Director of the Authority before such meeting. The meeting was open to the public. The
time of the meeting and the place at which the meeting was held provided a reasonable
opportunity for persons of differing views to appear and be heard.
2. The Chairman announced the commencement of a public hearing on the
application of WELBA I, LLC and that a notice of the hearing was published once a week for
two successive weeks in a newspaper having general circulation in the City of Roanoke, Virginia
("Notice"), with the second publication appearing not less than seven days nor more than twenty-
one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the
Authority and is attached as Exhibit A.
3. A summary of the statements made at the public hearing is attached as Exhibit B.
4. Attached as Exhibit C is a true, correct and complete copy of a resolution
("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at
such meeting. The Resolution constitutes all formal action taken by the Authority at such
meeting relating to matters referred to in the Resolution. The Resolution has not been repealed,
revoked, rescinded or amended and is in full force and effect on this date.
WITNESS my hand and the seal of the Authority, this 9th day of April, 2003.
Secretary, Industrial Development Authority
of the City of Roanoke, Virginia
[SEAL]
Exhibits: A - Copy of Certified Notice
B - Summary of Statements
C - Inducement Resolution
EXHIBIT B TO CERTIFICATE
Summary of Statements
J. Ryan Lingerfelt, as managing member of WELBA I, LLC or another limited liability
company to be formed by the principals thereof, and representatives of McGuireWoods LLP,
bond counsel appeared before the Authority to explain the proposed project. No one appeared in
opposition to the proposed bond issue.
April 9, 2003
City Council
City of Roanoke, Virginia
215 Church Avenue
Roanoke, Virginia 24011
Industrial Development Authority
of the City of Roanoke, Virginia
Proposed Financing for WELBA I, LLC or another
Limited Liability Company to be formed
By the Principals Thereof
WELBA I, LLC, or another limited liability company to be formed by the principals
thereof ("Borrower"), has requested that the Industrial Development Authority of the City of
Roanoke, Virginia ("Authority"), assist the Borrower in financing the acquisition, construction
and equipping of a 104,400 square foot facility to be leased to Semco Incorporated, whose
address is 1800 East Pointe Drive, Columbia, Missouri 65201, and to be used for the
manufacture of ductwork for commercial and other buildings ("Project") to be located in the
Roanoke Centre for Industry & Technology in the City of Roanoke, Virginia, by the issuance of
its revenue bonds in an amount not to exceed $6,000,000 ("Bonds").
As set forth in the resolution of the Authority attached hereto ("Resolution"), the
Authority has agreed to issue its Bonds as requested. The Authority has conducted a public
hearing on the proposed financing of the Project and has recommended that you approve the
issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as
amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended.
Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the
action taken by the Authority, (2) the Fiscal hnpact Statement required pursuant to Virginia
Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your
approval.
Secretary, Industrial Development Authority
of the City of Roanoke, Virginia
FISCAL IMPACT STATEMENT
FOR PROPOSED BOND FINANCING
Date: April 9, 2003
To the City Council
of the City of Roanoke, Virginia
Applicant:
Facility:
WELBA 1, LLC, or another LLC to be ~)rmed by the principals thereof
Manufacturing
! I. Maximum amount of financing sought. $6,000,000
2. Estimated taxable value of the facility's real property
to be constructed in the locality. $6,000,000
3. Estimated real property tax per year using present tax
rates. $ 72,000
~. Estimated personal property tax per year using
present tax rates. $ 20,000
5. Estimated merchants' capital tax per year using
present tax rates. $ 0-
6. (a) Estimated dollar value per year of goods that will be
purchased from Virginia companies within the $ 300,000
locality.
(b) Estimated dollar value per year of goods that will be
purchased from non-Virginia companies within the $3~200,000
locality.
(c) Estimated dollar value per year of services that will
be purchased from Virginia companies within the $ 50.000
locality.
(d) Estimated dollar value per year of services that will
be purchased from non-Virginia companies within $ I 0,000
the locality.
7. Estimated number of regular employees on year
round basis. 81
8. Average annual salary per employee. $ 33,440
Chairman, IndustriaI Development Authority
of the City of Roanoke, Virginia
At a regular meeting of the City Council of the City of Roanoke, Virginia, held on the
[ ] day oI ApnI, 2003, the following members of the City Council were recorded as present:
PRESENT:
On motion by seconded by
· the attached Resolution was adopted by a majority of the
members of the City Council by a roll call vote, the votes being recorded as folIows:
MEMBER VOTE
RESOLUTION
OF THE CITY COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA
WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia
("Authority"), has considered the application of WELBA I, LLC, or another limited liability
company to be formed by the principals thereof ("Borrower"), requesting the issuance of the
Autbority's revenue bonds in an amount not to exceed $6,000,000 ("Bonds") to assist in the
financing of the Borrower's acquisition, construction and equipping of a facility consisting of
approximately 104,400 square feet to be leased to Semco Incorporated, whose address is 1800
East Pointe Drive, Columbia, Missouri 65201, and to be used for the manuthcture of ductwork
for use in commercial in other buildings CPrt~ject") to be located on New Tract F in the Roanoke
Centre for Industry & Technology (the "Centre"), and has held a public hearing on April 9, 2003;
WHEREAS, the Centre is located adjacent to U.S. Route 460, three miles east of I~581,
in the City of Roanoke, Virginia;
WHEREAS, Section 147(i) of the Internal Revenue Code of 1986, as amended (the
"Code"), provides that the governmental unit having jurisdiction over the issuer of private
activity bonds and over the area in which any ~cility financed with the proceeds of private
activity bonds is located must approve the issuance of the bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia
("City"); the Project is to be located in the City and the City Council of the City of Roanoke,
Virginia ("Council") constitutes the highest elected governmental unit of the City;
WHEREAS, the Authority has recommended that the Council approve the issuance of the
Bonds; and
WHEREAS, a copy of the Authonty's reso ution approving the issuance of the Bonds,
subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact
Statement have been filed with the Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
I. The Council approves the issuance of the Bonds by the Authority for the benefit
of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of
Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing
of the Pr~4ject.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower.
3. The Council directs the City Manager to request an allocation of the State Ceiling
(as defined in Section 15.2-5000 of the Code of Virginia of 1950, as amended) in accordance
with the applicable provisions of the Code of Virginia of 1950, as amended, and any regulations
or executive orders issued thereunder.
4. This resolution shall take effect immediately upon its adoption.
Adopted by the City Council of the City of Roanoke, Virginia this [21st] day of April,
2003.
[SEAL]
Clerk, City Council of the City of Roanoke,
Virginia
RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
AUTHORIZING THE ISSUANCE OF UP TO $6,000,000
REVENUE BONDS FOR THE PURPOSE OF
FINANCING A FACILITY FOR THE MANUFACTURE OF DUCTWORK
TO BE LOCATED IN THE CITY OF ROANOKE, VIRGINIA
WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia, a
political subdivision of the Cmnmonwealth of Virginia ("Authority"), is empowered by the
Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of
1950, as amended ("Act"), to issue its revenue bonds lbr the purpose of inducing the location of
industrial and commemial facilities in Virginia and to promote the commerce, safety, health,
welfare, convenience or prosperity of citizens of Virginia;
WHEREAS, the Authority has received a request from WELBA I, LLC, or another
limited liability company to be formed by the principals thereof ("Borrower"), requesting that the
Authority issue its revenue bonds to assist in financing the acquisition, construction and
equipping of a 104,400 square foot facility to be used for the manufacture of ductwork for use in
commercial and other buildings and to be leased to Semco Incorporated, whose address is 1800
East Pointe Drive, Columbia, Missouri 65201 ("Project") to be located on New Tract F in the
Roanoke Centre for Industry & Technology (the "Centre");
WHEREAS, the Centre is located adjacent to U.S. Route 460, three miles east of 1-581,
in the City of Roanoke, Virginia;
WHEREAS, such assistance will induce the Borrower to locate the Project in Virginia
and benefit the inhabitants of the City of Roanoke, Virginia and the Commonwealth of Virginia,
either through the increase of their commerce or through the promotion of their safety, health,
welfare, convenience or prosperity;
WHEREAS, preliminary plans tbr the Project have been described to the Authority and a
public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986,
as amended, ("Code") and Section 15.2-4906 of the Act;
WHEREAS, the Borrower has represented that the estimated cost of the acquisition,
construction and equipping of the Project and all expenses of issue will require an issue of
revenue bonds in the aggregate principal amount not to exceed $6,000,000;
WHEREAS, (a) no member of the Board of Directors of the Authority is an officer or
employee of the City of Roanoke, Virginia, (b) each member has, before entering upon his duties
during his or her present term of office, taken and subscribed to the oath prescribed by Section
49-1 of the Code of Virginia of 1950, as amended and (c) at the time of their appointments and at
all times thereafter, including the date hereof, all of the members of the Board of Directors of the
Authority have satisfied the residency requirements of the Act; and
WHEREAS, no member of the Board of Directors of the Authority has any personal
interest or business interest in the Borrower, the bonds, or any of the transactions contemplated
therein or has otherwise engaged in conduct prohibited under the Conflict of Interests Act,
Chapter 31, Title 2.2 of the Code of Virginia of 1950, as amended (the "Conflict of Interests
Act") in connection with this resolution or any other official action of the Authority in
connection therewith.
NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA:
1. It is hereby found and determined that the acquisition, construction and equipping
of the Project will be in the public interest and will promote the commerce, safety, health,
welfare, convenience or prosperity of the Commonwealth of Virginia, the City of Roanoke,
Virginia and their citizens.
2. To induce the Borrower to locate the Project in the Commonwealth of Virginia,
and particularly in the City of Roanoke, Virginia, the Authority hereby agrees to assist the
Borrower in financing the acquisition, construction and equipping of the Project by undertaking
the issuance of its revenue bonds in an amount not to exceed $6,000,000 upon terms and
conditions mutually agreeable to the Authority and the Borrower. The bonds will be issued
pursuant to documents satisfactory to the Authority. The bonds may be issued in one or more
series at one time or from time to time.
3. It having been represented to the Authority that it is necessary to proceed
immediately with the acquisition, construction and equipping of the Project, and the planning
therefor, the Authority agrees that the Borrower may proceed with plans for the Project, enter
into contracts for land, construction, materials and equipment for the Project, and take such other
steps as it may deem appropriate in connection with the Project, provided, however, that nothing
in this resolution shall be deemed to authorize the Borrower to obligate the Authority without its
consent in each instance to the payment of any moneys or the performance of any acts in
connection with the Project. The Authority agrees that the Borrower may be reimbursed from
the proceeds of the bonds for all expenditures and costs so incurred by it, provided such
expenditures and costs are properly reimbursable under the Act and applicable l;ederal laws.
4. At the request of the Borrower, the Authority approves McGuireWoods LLP,
Richmond, Virginia, as Bond Counsel in connection with the issuance of the bonds~
5. All costs and expenses in connection with the financing and the acquisition,
construction and equipping of the Project, including the fees and expenses of Bond Counsel and
Authority Counsel, shall be paid by the Borrower or, to the extent permitted by applicable law,
from the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that
all such expenses shall be paid by the Borrower and that the Authority shall have no
responsibility therefor.
6. In adopting this resolution the Authority intends to take "official action" toward
the issuance of the bonds and to evidence its "official intent" to reimburse from the proceeds of
the bonds any expenditures paid by the Borrower to finance the acquisition, construction and
equipping of the Project and the planning therefor before the issuance of the bonds, all within the
meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141
through 150 and related sections of the Code.
7. The Authority recommends that the City Council of the City of Roanoke,
Virginia, approve the issuance of the bonds.
8. No bonds may be issued pursuant to this resolution until such time as the issuance
of the bonds has been approved by the City Council of the City of Roanoke, Virginia and the
bonds have received an allocation of the State Ceiling (as defined in Section 15.2~5000 of the
Code of Virginia of 1950, as amended) in accordance with the applicable provisions of the Code
of Virginia of 1950, as amended, and any regulations or executive orders issued thereunder.
9. This resolution shall take effect immediately upon its adoption.
CERTI~CATE
The undersigned Secretary of the Industrial Development Authority of the City of
Roanoke, Virginia ("Authority") certifies that the l~regoing is a true, correct and complete copy
of a resolution adopted by a majority of the Directors of the Authority present and voting at a
meeting duly called and held on April 9, 2003, in accordance with law, and that such resolution
has not been repealed, revoked, rescinded or amended but is in full lbrce and effect on this date.
WITNESS the following signature and seal of the Authority, this 9th day of April, 2003.
Secretary of the Industrial Development Authority
[SEAL] of the City of Roanoke, Virginia
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #24-54
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. 36351-051903 amending and reordaining {}36.1-228,
Special exception uses, Article III, District Regulations, Division 3, Commercial District
Requlations, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended,
by adding subsection (6) to provide for the establishment of veterinary clinics with no
outside pens or corrals as a special exception use in the C-3, Central Business 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, May 19, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Cimuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
N:\CKMHl~Agenda,03\May 19, 2003 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of May, 2003.
No. 36351-051903.
AN ORDINANCE amending and reordaining {}36.1-228, Special exception uses,
Article III, District Regulations, Division 3, Commercial District Regulationg, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by adding
subsection (7) to provide for the establishment of veterinary clinics with no outside pens or
corrals as a special exception use in the C-3, Central Business District; 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. Section 36.1-228, Special exception uses, Article III, District Regulations,
Division 3, Commercial District Regulations, of Chapter 36.1, Zoning, of the Code of the
City of Roanoke (1979), as amended, be, and is hereby, amended and reordained, by
adding subsection (7) to provide for the establishment of veterinary clinics with no outside
pens or corrals as a special exception use in the C-3, Central Business District, and to read
and provide as follows:
§36.1-228 Special exception uses.
The following uses may be permitted in the C-3 district by special exception granted
by the board of zoning appeals subject to the requirements of this section:
03/14/03
1
(7)
o
Veterinary clinics with no outside pens or corrals.
***
Pursuant to the provisions of Section 12 of the Roanoke City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
03/14/03
2
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 2401 I
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-maih pla n ning@ci.roanoke.va.us
May 19, 2003
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:
Amending and reordaining Section 36.1-228, Special
exception uses, Article III, District Requlations, Division 3,
Commercial District Regulations, of Chapter 36.1, Zoning, of
the Code of the City of Roanoke (1979), as amended, by
adding subsection (6) to provide for the establishment of
veterinary clinics with no outside pens or corrals as a special
exception use in the C-3, Central Business District.
Planning Commission Action:
Planning Commission public hearing was held on April 17, 2003. There was no
one present at the public hearing to speak for or against the proposed
amendment. By a vote of 6-0 (Mr. Manetta absent), the Commission
recommended approval of the proposed amendment.
Background:
This petition was initiated by Resolution No. 36259-030303, adopted by City
Council on March 3, 2003, authorizing the City Manager to initiate an amendment
of the zoning ordinance to provide for the establishment of veterinary clinics as a
special exception use in the C-3, Central Business District.
Considerations:
The proposed amendment provides for the establishment of veterinary clinics
with no outside pens or corrals, by special exception, in the C-3, Central
Business District. Each request would be subject to public hearing, review, and
approval by the Board of Zoning Appeals. It would be the role of the Board to
scrutinize proposed veterinary clinics in the C-3, Central Business District, to
determine on a case-by-case basis the appropriateness of the proposed location
and its functional operation within the context of surrounding properties. As with
the granting of any special exception use, the Board would have the discretion of
applying certain operational conditions.
Vision 2001-2020 places an emphasis on mixed uses and the revitalization of
underutilized sites, and includes the following statements, policies, and actions:
1. "Downtown will be developed as Roanoke's premier urban village with a
mix of high-density residential, commercial, retail uses and live-work
space." (p. 40, NH P4)
2. "Underutilized...commercial sites can be converted to more appropriate
uses that are assets to the neighborhood." (p. 58, Economic Development,
Policy Approach)
3. "Identify underutilized commercial sites and promote revitalization." (p. 61,
ED A26)
Recommendation:
By a vote of 6-0, the Planning Commission recommended approval of the
proposed text amendment to City Council.
CC;
Respectfully submitted,
Robert B. Marietta, Chairman~'
Roanoke City Planning Commission
Dadene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
2
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, April 17, 2003, 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.
Amendment to Section 36.1-228, Special exception uses, to include veterinary
clinics with no outside corrals and pens.
A copy of the 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, April 1 and 8, 2003
Please charge to credit card and send affidavit of publication to:
Martha P. Franklin
Department of Planning Building & Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1730
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02118570
Amend 36-1-228
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
Vi~_~ia. Sworn and subscribed before me this
__~J~_~___day of May 2003. Witness my hand and
n expires ~-~/-~,~-
PUBLISBED ON: 05/02 05/09
TOTAL COST:
FILED ON:
285.20
05/09/03
Authorized J
Signature:_/~,~__~.____~~__, Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of§l 5.2-2204, Code of Virginia (1950), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday, May 19, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building,
215 Chumh Avenue, S.W., Roanoke, Virginia, in order to consider an amendment and revision to
Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended.
The proposed amendment would amend the following section of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended: §36.1-228, Special exception uses, to include
veterinary clinics with no outside corrals and pens. A copy of said proposed amendment is available
for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. Questions
about the content of the proposed regulation should be directed to the Office of Planning, Building
and Development, 853-1730.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, May 15, 2003.
All parties in interest may appear on the above date and be heard on the question.
GiVEN under my hand this 29th day of April
,2003.
Mary F. Parker, City Clerk.
H/NOTICES/N-CA-36 I 228VETCL[NICSSI903 DOC
01/30/2003' 14:34 5402657742
ABC
P~
02
To Thc Honorable Mayor of The City of Roanoke
And thc Honorable Membe~ of City Council
January 30, 2003
Denr Mayor & Members:
I would like to appear before the Mayor and Council to present a petition on behalf of
The Angels ofAssisi ~quc~ting a change in thc excmptiom pcnuiss~le for the curr~
C3 zoning. The Angels of Assisi is a ch~itywhose purpose is to provide low income pet
owners with affordable vc~erinn.,'y service~. Since its inception in August 2001 The
Angels of A~isi surgical unit has pedormcd in Roanoke and in thc Ronnoke Valley over
9000 spay~ or neuters for low income owners of pets and for local humane shelters.
In August 2002 The Angels of Assisi opened a small full-servicc clinic providing
outpaticnt medical services and surgeries to low income citizens of Roanoke and file
Ronnoke Valley. Although rcslricted in space and opened iuigally only three (3) days a
week, this clinic has provided service to over 1100 palicnts through January 2003.
The Angels of Assisi would like to expand its charitable s~'vice~ to the Roanoke
community by acquirir~ a larger clinic facility. We have located and placed on contract
thc building located at 415 Campbell Ave. (file former Plasmn Clinic). Unfortunately, this
location is zoned C3 for which there doe~ not exist an exemption for vetorinery hospitals
or clinics for the Board of Zouing Appeals to consider. If we arc able to purchase and
improve this propcrty (which has been vacant for over two (2) years), we feel we cnn
better serve the needs of Roanoke citizen~ and ai the same time enhance a portion ofo~
"downtown" which has been filled largely with vacant building and warehouses. This
locatiun is also near the City Police Department which would allow us to provide free
service to the city's canine "officers" in the K-9 corp.
Assisi Animal Clinics of Virginia, Inc.
A Nun-Profit Organization
1-888-661-1113
P.O. Box 6129~Roeuoke, Virginia 24017-0129
Without Council acting to add this exemption possibility for the BZA lo considc~ this
expanded clinic will aot happem in thc city, Please keep in mind we will not be housing
ammals outside and we have plans to significantly improve the entire look of this now
vacant building and back parking lot. Please also consider The Angels of As$isi is a
charity operating in the City of Roanoke without receiving a single penny of state, local
or federal mbney. Its entire funding is derived from the donations of two Roanoke-based
businesses. We seek only the Council's suppor~ to implemem a c2mnge in the C3 zoning
code to allow for an exemption to be ~onside~ed by the BZA. We feel our pr~enee at this
location will enhance the neighborhood and will also provide desperately net:ded servioes
for those furry fiiends who can not speak for themselves but who bring such joy and
comfort to the lives of us all.
Since'ely,
Norman D. Mason, President
Board of Direciors, The Angels of Assisi
Roanoke, VA
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 7, 2003
File #51-54
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36259-030303 authorizing the City Manager to file
a petition, seeking an amendment of §36.1-228, Special exception uses, of the Code of
the City of Roanoke (1979), as amended, to provide for establishment of veterinary clinics
as a special exception use in the C-3, Central Business District, of the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 3, 2003, and is in full force and effect
upon its passage.
/~~ ~'Sincerely' p~
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Rolanda B. Russell, 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
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
S~even J. Talevi, Assistant City Attorney
N:~CKJS 1 ~Mar3.03corres.wpd
IN THE COUNCIL OFTHECITYOF ROANOKE, VIRGINIA,
The 3rd day of March, 2003.
No. 36259-030303.
A RESOLUTION authorizing the City Manager to file a petition, seeking an amendment of
§36.1-228, Special exception uses, of the Code of the City of Roanoke (1979), as amended, to
provide for the establishment of veterinary clinics as a special exception use in the C-3; Central
Business District, o£ the City of Roanoke.
WHEREAS, §15.2-2286(7), of the Code of Virginia (1950), as amended, provides, inter alia,
that whenever the public necessity, convenien.ce, general welfare and good zoning practices require,
the governing body ora locality may, by resolution, initiate an amendment to the zoning regulations
of the locality; and
WHEREAS, the City Council for the City of Roanoke hereby finds that the public necessity,
convenience, general welfare and good zoning practices require cons!deration of an amendment to
the zoning regulations of the City of Roanoke, permitting veterinary clinics as a special exception
use in the C-3, Central Business District, of the City of Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City
Manager is hereby authorized to file a petition, seeking an amendment of §36.1-228, Special
exception uses, of the Code of the City of Ri)anoke (1979), as amended, to provide for the
establishment of veterinary clinics as a special exception use in the C-3, Central Business District, of
the City of Roanoke.
ATTEST:
CityClerk.
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: ($40) 853-1730 Fax: ($40) 853-1230
E-mail: pla nning@ci.roanoke, va.us
March 3, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Request from The Angels of Assisi
requesting an amendment to the C-3,
Central Business District
On February 20, 2003, the City Planning Commission considered the referral by
City Council regarding a request to initiate an amendment to the Zoning Ordinance to
provide for the establishment of veterinary clinics, by special exception, in the C-3,
Central Business District, subject to approval by the Board of Zoning Appeals. The
Commission's Ordinance and Names Committee met prior to the Commission's meeting
on the 20th to discuss the matter.
Mr. Norm Mason, President of the Board of Directors for The Angeis of Assisi
discussed the reasons for the request, advising that he had a contract to purchase a
building at 415 Campbell Avenue, S.W. Mr. Mason said that the building on Campbell
Avenue fit the needs of his organization and was well located for a vet clinic. Mr. Brian
Townsend, Director of Planning Building and Development, presented background
information on the request and noted the concern that an amendment of the C-3 zoning
district would apply to all properties in the district, including the core of downtown, not
just the property that Mr. Mason had purchased.
Upon consideration of the background information provided, the Planning
Commission, by a vote of 4-2 (Messrs. Campbell, Manetta, Rife and Williams voting in
favor, Messrs. Butler and Chrisman voting against and Mr. Hill absent), recommends a
petition to amend the C-3, Central Business District regulations to include veterinary
clinics, without corrals and pens, as a special exception use, be initiated.
Respectfully submitted,
Robert B. Manetta, Chairman
City Planning Commission
RBT:mpf
CC:
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKF,
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 29, 2003
File #5-24-530
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
-City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
May 19, 2003, a public hearing was held on proposed amendments to the Zoning
Ordinance to better define and differentiate between certain interrelated land use activities
that involve towing services, wrecker services, new and used motor vehicle sales and
service and a new and used commercial motor vehicle sales and service.
The ordinance was tabled and the matter was referred back to the City Planning
Commission for further study, report and recommendation to Council and to provide an
opportunity for input by all affected parties.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
R. Brian Townsend, Director, Planning, Building and Development
Martha P. Franklin, Secretary, City Planning Commission
H:~.genda.O3\May 19, 2003 correspondence.wpd
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
May 19, 2003
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:
Amendment of §36.1-25, Definitions; subsections (26) and
(37) of §36.1-206, Permitted uses; subsection (26)of §36.1-
227, Permitted uses; subsection (3)of §36.1-228, Special
exception uses; subsection (24)of §36.1-249, Permitted
uses; subsection (11) of §36.1-270, Permitted uses;
subsection (5) of §36.1-271, .Special exception uses; §36.1-
206, §36.1-207, and §36.1-250, by deleting certain uses as
permitted uses or uses by special exception; adding new
subsections (50) and (51) of §36.1-206, Permitted uses;
subsections (28), (29) and (30) of §36.1-249, Permitted
uses; subsections (5) and (9) of §36.1-250, Special
exception uses; subsections (12) and (13) of §36.1-270,
Permitted uses; §36.1-435, Parkinq of commercial vehicles.
of Chapter 36.1, Zoning, of the Code of the City of
Roanoke(1979), as amended.
Plannin.q Commission Action:
Planning Commission public hearing was held on Thursday, April 17, 2003. By a
vote of 6-0 (Mr. Marietta absent), the Commission recommended the proposed
amendments to City Council.
Back.qround:
These text amendments have been initiated to better define and differentiate
between certain interrelated land use activities that involve towing services,
wrecker services, new and used motor vehicle sales and service, and new and
used commemial motor vehicle sales and service. A 1999 court decision
delineated the ineffectiveness of enforcement of the zoning ordinance with
respect to the current definition of a "tow truck operation" in regard to the
salvaging and continuous outdoor storage of inoperable motor vehicles.
Various aspects of these text amendments have been the subjects of public
discussion since August, 2001. Different versions of such a text amendment
have been presented to the Planning Commission on two prior occasions. After
the recommendation of approval by the Planning Commission in November,
2001, the opposition of local towing contractors associated with the City's Towing
Advisory Board resulted in the Planning Commission requesting that the matter
be referred back to the staff and the Towing Advisory Board for further study.
The matter was tabled again by the Planning Commission in April, 2002.
Considerations - Towing services and wrecker service~:
The proposed amendments more clearly define towing operations by providing
two new classifications, namely "towing service" and "wrecker service." These
classifications include specific activities permitted with respect to towing and
disposition of operable or inoperable motor vehicles. In addition to providing
recovery, removal, and storage activities for inoperable or damaged motor
vehicles, the proposed definition of a '~vrecker service" includes the dismantling,
demolition, repair, salvage, or sale of inoperable or damaged motor vehicles or
pads; a "towing service" does not include those activities.
The proposed amendments regulate "towing services" and" · "
follows: wrecker services as
· Tow ng services' are permitted by right in the C-2, LM, and HM Districts.
(Note: The current ordinance permits '?ow truck operations", as defined by
the current ordinance, by special exception in the LM and HM Districts.)
· Wrecker services are permitted by special exception in the LM and HM
Districts. (Note: The current ordinance permits by special exception '?ow
truck operations" with certain standards and 'Wrecking, salvage and
recycling yards" in the HM District; the proposed text amendment will
provide for a combination of "wrecker service" and ''wrecking, salvaging
an ' " . .
d junk yards under one spec/al exception use provision.)
o Any pads removed from a damaged or inoperative motor vehicle as
pad of the salvage operations of a" · "
wrecker service are required to
be stored within a wholly enclosed building.
· For both towng services and wrecker services':
o A minimum lot area of 20,000 square feet is required.
o Storage areas for damaged and inoperable vehicles are required to
be screened from view from adjacent properties and public streets;
o Outdoor storage of damaged and inoperable vehicles is limited to a
period not to exceed 120 calendar days, except for certain
circumstances set forth in the proposed amendment. (Note: The
current ordinance limits such storage to 45 business days.)
2
Considerations - Motor vehicle sales and service:
The proposed amendments provide definitions for "new commercial motor
vehicle sales and service establishment," "used commercial motor vehicle sales
and service establishment," "new motor vehicle sales and service establishment,"
and "used motor vehicle sales and service establishment", and provide for such
uses as follows:
· "New commercial motor vehicle sales and service establishments" are
permitted by right in the LM District, provided the lot contains a minimum
of 20,000 square feet. (Note: Under the current ordinance, the sale or
rental of "automobiles, trucks, and construction equipment"is permitted by
right in the C-2 District, with a minimum lot area of 20, O00 square feet,
while the "sale or rental of trucks and construction equipment" is permitted
by special exception in the LM District.)
· "Used commercial motor vehicle sales and service establishments" are
permitted by special exception in the LM District.
· "Commercial motor vehicle repair" is permitted in the LM District, provided
that all such repair activities are in a wholly enclosed building.
· "New motor vehicle sales and service establishments" are permitted by
right in the C-2 District provided the lot area contains a minimum of 40,000
square feet, and by special exception in the C-3, Central Business District.
(Note: Under the current ordinance, 'the sale or rental of automobiles,
trucks, and construction equipment"is permitted by/fght in the C-2 District
with a minimum lot area of 20,000 square feet, and by special exception in
the C-2 where the lot area is less than 20,000 square feet.)
· "Used motor vehicle sales and service establishments," are permitted by
right in the C-2 District with a minimum lot area of 10,000 square feet.
(Note: Under the current ordinance, there is no differentiation between a
"new" and "used" "motor vehicle establishment and therefore used motor
vehicle sales and service is permitted by right in the C-2 with a lot area of
at/east 20,000 square feet or by special exception with a lot area of/ess
than 20,000 square feet.)
Considerations - General service establishments:
The proposed text amendments address the permitted locations of "general
service establishments." In this proposal, "general service establishments" would
be permitted as follows:
Permitted by right in C-2, General Commercial District: if primarily
engaged in repair or maintenance of automobiles or trailers, must be in a
wholly enclosed building and can sell up to five repaired or rebuilt
automobiles or trailers within one calendar year.
3
· Permitted by right in C-3, Central Business District: Cannot repair
automobiles or trailers.
· Permitted by right in LM, Light Manufacturing District: If primarily engaged
in repair or maintenance of automobiles or trailers, must be in a wholly
enclosed building.
· Permitted by right in HM, Heavy Manufacturing District: If primarily
engaged in repair or maintenance of automobiles or trailers, must be in a
wholly enclosed building.
Considerations - Parking of commercial motor vehicles in residential district.,;
By adding the definition of a "commercial motor vehicle," the proposed
amendments revise the impact of the section providing for the regulation of the
parking of commercial motor vehicles in a residential district. The change is tied
to the proposed definition of a "commercial motor vehicle" and prohibits the
parking of such vehicles in residential districts. For consistency, City Council will
also be considering an amendment to §20-71 of the City Code regarding the
definition of a commercial motor vehicle and the regulation of the parking of such
vehicles on public streets in residential districts.
Other Considerations:
Since the initial proposal, the amendments have undergone a series of revisions
to address concerns of the Towing Advisory Board and various motor vehicle
dealerships, including an appropriate timetable for the storage of inoperable
vehicles, flexibility in the permitted locations for general towing operations, and
properly addressing the nature of motor vehicle businesses and how they
operate. The proposed text amendments provide for:
· The storage of inoperable vehicles up to 120 days (an increase from the
45 days of the current ordinance and the initially proposed 90 day limit);
· "Towing services" permitted by right in the C-2, LM, and HM Districts
compared to the current ordinance that permits "tow truck operations" only
by special exception in the LM District; and
· Well-defined distinctions between the land use activities of towing
services, wrecker services, new motor vehicle sales and service, used
motor vehicle sales and service, and new commercial vehicle sales and
service, and used commercial vehicle sales and service.
Effect of proposed amendments:
These proposed amendments will more cleady define and distinguish, for
regulation and code enforcement purposes, all motor vehicle and commercial
motor vehicle related businesses, from the sale of new or used vehicles to the
maintenance and repair of such vehicles to the towing and salvaging of such
4
vehicles, in order to promote the public welfare and safety relative to these
interactive and often overlapping land uses.
The proposed ordinance amendments will not have any retroactive application or
any impact on existing businesses, which will be "grandfathered" under the
provisions of the proposed amendments. The amendments will only impact the
development of any new such businesses, the expansion of existing businesses,
or the relocation of existing businesses.
Planninq Commission Headnq:
Planning Commission held a public hearing on the proposed text amendments
on April 17, 2003. Mrs. Nancy Snodgrass, City Planner, presented the staff
report, explaining the proposed amendments and recommending their approval.
The Planning Commission opened the meeting for public comment.
· Mr. Bill Tanger, 3530 Franklin Road, S.W., commented on the provision
that would prevent the parking in residential districts of certain vehicles
with signage on them based on the proposed definition of commercial
motor vehicles. He suggested that this provision would have the
unintended consequence of parking such vehicles on the street which
would be more disruptive to the neighborhoods. He also suggested that
the incorporation of a chart would make this ordinance more easily
understood.
· Mr. John Porter, Select Auto Sales and a representative of the Virginia
Independent Automobile Dealers, supported the changes for the most part
but had a concern with the definition of commercial motor vehicles and
how it relates to the permitted activities of a used motor vehicle sales and
service establishment. He proposed that the ordinance allow used car
dealers the same right as the new car dealer to sell commercial motor
vehicles not exceeding 26,000 pounds empty gross weight. He was also
concerned with whether or not a used motor vehicles establishment could
sell trailers.
· Mr. Robert Young, 210 Carver Avenue, N.E., expressed concerns with all
aspects of the proposed amendments, specifically stating that he did not
think the city should regulate what is sold by these various motor vehicle-
oriented businesses.
· Mr. Tommy Wood, Wood's Towing, 1749 Granby Street, N.E., said the
amendments literally took the businessman out of Roanoke by precluding
a businessman from ddving a work vehicle home. He also expressed
concern over the prohibition of parking wreckers in residential districts and
its effect on meeting the required response time for emergencies (20
minutes) when called upon by the police department.
· Mr. Richard Winstead, 1322 Watauga Street, S.W., raised a concern
about how these amendments might affect the keeping of leased
equipment on private property for a number of days while work is being
completed.
Planning Commission discussion centered on the following:
· How the proposed amendments compared to ordinances in other
localities:
o Although some surrounding jurisdictions are looking to revise some
of their language in regulating motor vehicle related businesses,
Roanoke would be a "trail blazer" and a leader with the passage of
these amendments.
o The legal complications that the City encountered with the court
decision in 1999 were due to a lack of clarity in the definition of
towing and wrecker services.
o These proposed amendments would more clearly define motor
vehicle related businesses for more effective code enforcement.
· The impact of the new definition of commercial motor vehicles on the
prohibition of parking commercial motor vehicles in residential districts:
o The impact of the proposed amendments is related to the new
definition of commercial motor vehicles. The current ordinance
prohibits the parking of such vehicles, but by a different definition,
in residential districts.
o A pick-up truck for a construction company, or small vans, with a
logo or sign attached, would fall under the definition of a
commercial motor vehicle and thus could not park in residential
districts.
o Staff pointed out that the parking of commercial motor vehicles in
residential neighborhoods is one of he most frequent complaints
received from people in the neighborhoods.
o Vehicles classified as emergency vehicles by the General
Assembly are exempt from this parking regulation; tow trucks are
not such emergency vehicles.
· The differentiation between new motor vehicle sales and service
establishments and used motor vehicle sales and service establishments:
o These entities operate differently, including the franchise
requirements for new dealers, and therefore it is appropriate to
regulate them differently.
o There is a relationship between the minimum lot size requirements
and the permitted activities for used and new motor vehicle sales
and service establishments.
· Multiple motor vehicle related businesses could be located on the same
lot, provided each such defined use is permitted in the applicable zoning
district.
· Existing businesses addressed in these proposed amendments would be
"grandfathered" for their current locations.
6
In response to concerns regarding the definition of commercial motor vehicles as
it pertains to the prohibition of parking such vehicles in residential districts, the
Planning Commission felt that item number 2 in the definition "cast too big of a
net" by including vehicles such as vans and pick-up trucks. The Commission
moved, seconded, and approved a motion to include an exclusionary clause for
vans, pick-up trucks, and panel trucks in the regulation of the parking of
commercial motor vehicles in residential districts.
Recommendation:
By a vote of 6-0, the Planning Commission recommended approval of the
proposed amendments to the zoning ordinance as set forth in the attached
ordinance.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
CC:
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
7
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDiNANCE amending and reordaining {}36.1-25, Definitions; subsections (26) and
(37) of §36.1-206, Permitted uses; subsection (26) of §36.1-227, Permitted uses; subsection (3) of
§36.1-228, Special exception uses; subsection (24) of §36.1-249, Permitted uses; subsection (11) of
§36.1-270, Permitted uses; subsection (5) of §36.1-271, Special exception uses; §36.1-206, §36.1-
207, and §36.1-250, by deleting certain uses as permitted uses or uses by special exception; and
§36.1-435, Parking of commercial vehicles, and adding new subsections (50) and (51) of §36.1-206,
Permitted uses; subsections (28), (29) and (30) of §36.1-249, Permitted uses; subsections (5) and (9)
of §36.1-250, Special exception uses; subsections (12) and (13) of §36.1-270, Permitted uses; and
subsection (3) of §36.1-435, Parking of commercial vehicles, of Chapter 36.1, Zoning, of the Code
of the City of Roanoke (1979), as amended; 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. Section 36.1-25, Definitions, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained by deleting the definition
of "tow truck operation" and by adding the definitions of "buffer," "commercial motor vehicle,"
"new commercial motor vehicle sales and service establishment," "used conumercial motor vehicle
sales and service establishment," "new motor vehicle sales and service establishment," "used motor
vehicle sales and service establishment," "towing service," and "wrecker service," to read and
provide as follows:
Sec. 36.1-25. Definitions.
05/13/03
For the purpose of this chapter, certain terms and words used herein shall be defined as
follows:
Buffer: An area of natural or planted vegetation adjoining or surrounding a land
use and unoccupied in its entirety by any building, structure, paving or portion of
such land use, for the purposes of screening the effects of the land use, no part of
which buffer is used for recreation or parking.
Commercial motor vehicle: Any motor vehicle or trailer used, designed or
maintained for the transportation of persons or property for compensation or profit,
and which is one of the following types of vehicles: (1) trucks, tractor cabs, farm
tractors, construction equipment, motor passenger buses (excluding school buses
currently used by a public or private institution of learning), trailers, semi-trailers,
taxis, limousines, tow trucks, dump trucks, roll back tow trucks, flatbed trucks, step
vans, or (2) a van, pickup truck or panel truck, with a commercial advertisement
pertaining to a commercial use affixed or painted on the side, front or rear of such
van, pickup truck or panel truck.
Commercial motor vehicle sales and service establishment, new: An establishment
which engages in only the sale or lease of new and used commercial motor vehicles,
the performance of any repair or maintenance work of such commercial motor
vehicles, and financial services conducted as an accessory use to the establishment.
Commercial motor vehicle sales and service establishment, used: An establishment
whose activities include the display of used commercial motor vehicles for sale or
lease, or the performance of any repair or maintenance work of used commercial
motor vehicles, but whose activities do not include the sale or lease of new
commercial motor vehicles.
Motor vehicle sales and service establishment, new: An establishment whose
activities include the sale or lease of new and used motor vehicles or trailers, and
new and used commercial motor vehicles not exceeding 26, O00 pounds empty gross
weight, the performance of any repair or maintenance work of such motor vehicles
and commercial motor vehicles, and financial services conducted as an accessory
use to the establishment.
Motor vehicle sales and service establishment, used: An establishment which
engages in only the display of three or more used motor vehicles or trailers for sale
or lease, and may engage in the repair or maintenance of such motor vehicles or
05/13/03
2
trailers, but does not engage in the sale, lease, repair or maintenance of commercial
motor vehicles.
Towing service: An establishment whose activities include the recovery, removal
and temporary storage of motor vehicles, but does not include the dismantling,
demolition, repair, or salvage of such motor vehicles, or any part of such motor
vehicles.
Wrecker service: An establishment whose activities include the recovery, removal
and temporary storage of inoperative or damaged motor vehicles for dismantling,
demolition, repair, salvage, or sale of such inoperative or damaged motor vehicles,
or part of such motor vehicles, but whose activities do not include the sale of
gasoline or the sale of new motor vehicles.
2. Section 36.1-206, Permitted uses, C-2, General Commercial District, of Chapter 36.1,
Zoning~ of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and
reordained by repealing subsection (40).
Section 36.1-206, Permitted uses.
The following uses shall be permitted as principal uses in the C-2 district:
3. Section 36.1-206, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection
05/13/03
3
(26) to permit general service establishments to repair and sell motor vehicles or trailers under
certain circumstances, by amending subsection (37) by substituting "new motor vehicle sales and
service establishments" for establishments primarily engaged in the sale or rental of certain motor
vehicles under certain circumstances as a permitted use, and by adding a new subsection (50) "used
motor vehicle sales and service establishments" under certain circumstances, and by adding a new
subsection (51) "towing services," as permitted uses in the C-2, General Commercial District, to read
and provide as follows:
Section 36.1-206, Permitted uses,
The following uses shall be permitted as principal uses in the C-2 district:
(26) General service establishments, but not provided that any such
establishments which is primarily engaged in the repair or maintenance of
automobiles, tv, lc]ca or ccngtn:cticn equ'J?ment motorcycles or trailers, shall be
limited to the incidental sale of up to five (5) repaired or rebuilt automobiles,
motorcycles or trailers, within one calendar year at that location, that all repair or
maintenance activities shall occur in a wholly enclosed building, and that no such
establishment may engage in automobile, motorcycle or trailer painting or body
repair.
(37) 12~*~1~1~!~+~ ~n~il ........ .4 1~ ~1~ ~nl ...... +.1 ~£ ~.,+~1~;1~
· ..---~-~+ ...... ~f vehicle: where New motor vehicle sales andse~ice establishments
provided the lot ~ea is ~caterfor this use is no less th~ ,~ ..... - ~-~J"' +u..~...~a ~_~,~)~a ~n
forty thousand (40,000) squ~e feet.
05/13/03
(50) Used motor vehicle sales and service establishments, provided the lot
area for this use is no less than ten thousand (10,000) square feet.
(50 Towing services, provided that:
(a) The lot area contains a minimum of twenty thousand (20,000)
square feet;
4
There shall be no outdoor storage of any damaged or inoperative
motor vehicles for a period exceeding one hundred twenty (120)
calendar days, unless documentation is provided that is satisfactory
to the Zoning Administrator evidencing that such a damaged or
inoperative motor vehicle is the subject of an on-going law
enforcement or insurance investigation or is the subject of a
proceeding being pursued as expeditiously as possible by the
towing service pursuant to section 43-34 of the Code of lZirginia
(1950), as amended; and
The storage area for any damaged or inoperative motor vehicles
shall be screened from view from adjacent properties and public
streets by the installation of an eight (8,)foot tall, solid fence with a
minimum two (2)foot wide buffer to screen the base of the fence
along any lot frontage.
4. Section 36.1-207, Special exception uses. C-2, General Commercial District, of
Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby,
amended and reordained by repealing subsection (4).
Section 36.1-207. Special exception uses.
The following uses may be permitted in the C-2 district by special exception granted by the
board of zoning appeals subject to the requirements of this section:
5. Section 36.1-227, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection
(26) to provide for "general service establishments," in the C-3 District, to read and provide as
follows:
Section 36.1-227. Permitted uses.
05/13/03
5
The following uses shall be permitted as principal uses in the C-3 district:
(26) General service establishments, but nctprovided that such an establishments
v ........ ~ may not engaged in the repair or maintenance of automobiles, ~'~. ~.,~ .... w
.... '~'~*; ...... : .... ~ motorcycles or trailers
6. Section 36.1-228, Special exception uses, C-3, Central Business District, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended
and reordained by amending subsection (3) to permit "new motor vehicle sales and service
establishments" as a use permitted by special exception in the C-3 District, to read and provide as
follows:
36.1-228. Special exception uses.
The following uses may be permitted in the C-3 District by special exception granted by the
board of zoning appeals, subject to the requirements of this section:
(3) New motor vehicle sales and service ~establishments ~:~ ........ ,4:
Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection
(24) to require that general service establishments which repair automobiles do so only in a wholly
enclosed building, and by adding "new commercial motor vehicle sales and service establishments,"
"towing services," and "commercial motor vehicle repair or maintenance establishments" under
certain cimumstances, as permitted uses in the LM district, to read and provide as follows:
§36.1-249. Permitted uses.
05/'13/03
Section 36.1-249, Permitted uses, of Chapter 36.1, Zoning, of the Code of the City of
6
The following uses shall be permitted as principal uses in the LM district:
(24) General service establishments, provided that establishments primarily
engaged in the repair or maintenance of
................. ng automobiles,
motorcycles or trailers, engage in such repair or maintenance activiti~: are in a
wholly enclosed in a building ---~ .....
(28) New commercial motor vehicle sales and service establishments, provided the
lot area for the use contains a minimum of twenty thousand (20,000) square feet.
(29) Towing services, provided that:
The lot area contains a minimum of twenty thousand (20, 000) square
feet;
There shall be no outdoor storage of any damaged or inoperative
motor vehicles for a period exceeding one hundred twenty (120)
calendar days, unless documentation is provided that is satisfactory
to the Zoning Administrator evidencing that such a damaged or
inoperative motor vehicle is the subject of an on-going law
enforcement or insurance investigation or is the subject of a
proceeding being pursued as expeditiously as possible by the towing
service pursuant to section 43-34 of the Code of I/irginia (1950), as
amended; and
The storage area for any damaged or inoperative motor vehicles
shall be screened from view from adjacent properties and public
streets by the installation of an eight (8)foot tall, solid fence with a
minimum two (2)foot wide buffer to screen the base of the fence
along any lot frontage.
(30) Commercial motor vehicle repair or maintenance establishments which
engage in only the repair or maintenance of commercial motor vehicles, provided
that all of such repair or maintenance activities are in a wholly enclosed building.
8. Section 36.1-250, Special exception uses, of Chapter 36.1, Zoning, of the Code of
the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by deleting
05/13/03
7
subsecttons (3) and (6), and by addtng wrecker services and used commercial motor vehmle sales
and service establishments" as uses by special exception, to read and provide as follows:
Sec. 36.1-250. Special exception uses.
The following uses may be permitted in the LM district by special exception granted by the
board of zoning appeals, subject to the requirements of this section:
Wrecker services, provided that:
The lot area contains a minimum of twenty thousand (20, 000) square
feet;
There shah be no storage of a damaged or inoperative motor vehicle
outside a wholly enclosed building for more than one hundred twenty
(120) calendar days, unless documentation satisfactory to the Zoning
Administrator is provided that such a damaged or inoperative motor
vehicle is the subject of an on-going law enforcement or insurance
investigation or is the subject of a proceeding being pursued as
expeditiously as possible by the wrecker service pursuant to section
43-34 of the Code of Virginia (1950), as amende& and
The storage area for any damaged or inoperative motor vehicle shall
be screened from view from adjacent properties and public streets by
the installation of an eight (8)foot tall, solid fence with a minimum
two (2)foot wide buffer to screen the base of the fence along any lot
frontage; and
Notwithstanding subsection (b), any parts removed from a damaged
or inoperative motor vehicle shall be stored within a wholly enclosed
building.
05/13/03
Used commercial motor vehicle sales and service establishment.
9. Section 36.1-270, Permitted uses, of Chapter 36. I, Zoning, of the Code of the City of
Roanoke (1979), as amended, be, and is hereby, amended and reordained by amending subsection
(11) to require that "general service establishments" which repair automobiles do so only in a wholly
enclosed building, and by adding "towing services" and establishments which repair or maintain
commercial motor vehicles under certain circumstances, as permitted uses in the HM District, to read
and provide as follows:
§36.1-270. Permitted uses.
The following uses shall be permitted as principal uses in the HM district:
05/13/03
(11)
General service establishments _,;~n~,. · ·
t, ......... j, prowded that estabhshments engaged in
the repair or maintenance of ~^^'~ ~- ;'~-
,~ ............., .......... ,r, automobiles,
motorcycles or trailers, engage in such repair and or mainten~ce .~,;..;,;~. ·
.......... ~0
who enclosed in a building .... v ................ ~
(12) Towing services, provided that:
The lot area contains a minimum of twenty thousand (20, 000) square
feet;
There shall be no outdoor storage of any damaged or inoperative
motor vehicles for a period exceeding one hundred twenty (120)
calendar days, unless documentation is provided that is satisfactory
to the Zoning Administrator evidencing that such a damaged or
inoperative motor vehicle is the subject of an on-going law
enforcement or insurance investigation or is the subject of a
proceeding being pursued as expeditiously as possible by the towing
service pursuant to section 45-$4 of the Code of Firginia (]950), as
amended; and
The storage area for any damaged or inoperative motor vehicles
shall be screened from view from adjacent properties and public
streets by the installation of an eight (8)foot tall, solid fence with a
minimum two (2)foot wide buffer to screen the base of the fence
along any lot frontage.
(13) Commercial motor vehicle repair or maintenance establishments which engage in
only the repair or maintenance of commercial motor vehicles, provided that all of
such repair or maintenance activities are in a wholly enclosed building.
10. Section 36.1-271, Special exception uses, of Chapter 36.1, Zoning, of the Code of the
City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by deleting
subsection (5) and by adding "wrecker services" as a use by special exception, to read and provide as
follows:
§36.1-271. Special exception uses.
The following uses may be permitted in the HM district by special exception granted by the
board of zoning appeals, subject to the requirements of this section:
05/13/03
10
Wrecker services, provided that:
(a) The lot area contains a minimum of twenty thousand (20, 000) square
feet;
There shall be no storage of a damaged or inoperative motor vehicle
outside a wholly enclosed building for more than one hundred twenty
(120) calendar days, unless documentation satisfactory to the Zoning
Administrator is provided that such damaged or inoperative motor
vehicle is the subject of an on-going law enforcement or insurance
investigation or is the subject of a proceeding being pursued as
expeditiously as possible by the wrecker service pursuant to section
43-34 of the Code of Virginia (1950), as amende& and
The storage area for any damaged or inoperative motor vehicle shall
be screened from view from adjacent properties and public streets by
the installation of an eight (8)foot tall, solid fence with a minimum
two (2)foot wide buffer to screen the base of the fence along any lot
frontage; and
Notwithstanding subsection (b), any parts removed from damaged or
inoperative motor vehicles shall be stored within a wholly enclosed
building.
11. Section 36.1-435, Parking of commercial vehicles, of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordained by
revising the regulations pertaining to the parking of commercial motor vehicles in a residential
district, to read and provide as follows:
§36.1-435. Parking of commercial motor vehicles
(a) No commercial motor vehicle ...... '~;-~ ~ ....... ,*~ ~ ~ · .......... ;~.,
shall be parked or left standing in a residential district for more than two (2) hours at
any time except for:
05/13/03
(3)
Vehicles belonging to or used by the occupant of a business premises,
when the business premises constitute a lawfully existing use.
11
(b) No motor vehicle intended or designed to transport caustic, flammable,
explosive or otherwise dangerous materials shall be permitted to be parked overnight
in a residential district.
(c) For purposes of subsection (a) of this section, vans, pick-up trucks and panel
trucks, shall not be considered commercial motor vehicles.
I2. Pursuant to the provisions of Section 12 of the Roanoke City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
05/13/03
12
C-2 C-3 LM HM
General service establishment if primarily engaged in cannot repair if primarily engaged if primarily engaged in
repair or maintenance of automobiles or in repair or repair or maintenance
automobiles or trailers, trailers maintenance of of automobiles or
must be in a wholly automobiles or trailers, must be in a
enclosed building, and trailers, must be wholly enchised
can sell up to 5 in a wholly enclosed building
building
New commercial motor vehicle must have 20K sq. ftc.
lot
Used commercial motor vehicle S.E.
Commercial motor vehicle repak must be in a wholly
enclosed building
New motor vehicle sales and service must have 40K sq. ft. lot S.E.
establishments
Used motor vehicle sales and service must have 10K sq. ft. lot
establishments
Towing service
Wrecker service S.E. S.E.
C:~VIY DOCUM ENTS~vl YFILES~I YFILES~FOLDERS~p LAN COM~TAB LE FOR ZONING USES.DOC
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on Thursday, April
17, 2003, at 1:30 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., to
consider the following:
An ordinance amending and reordaining {}36.1-25, Definitions, by deleting the definition
of tow truck operation and by adding the definitions of buffer, commercial motor vehicle,
new commercial motor vehicle sales and service establishment, used commercial motor
vehicle sales and service establishment, new motor vehicle sales and service
establishment, used motor vehicle sales and service establishment, towing service and
wrecker service; §36.1-206, Permitted uses, by amending subsection (26) to permit
general service establishments to repair and sell automobiles or trailers under certain
circumstances, by amending subsection (37) by substituting new motor vehicle sales and
service establishments for establishments primarily engaged in the sale or rental of
certain motor vehicles under certain circumstances as a permitted use, and by adding used
motor vehicle sales and service establishments, and towing services, as permitted uses;
§36.1-227, Permitted uses, by adding general service establishments as permitted uses;
§36.1-228, Special exception uses by amending subsection (3) to permit new motor
vehicle sales and service establishments as a use permitted by special exception; §36.1-
249, Permitted uses, by amending subsection (24) to require that general service
establishments which repair automobiles do so only in a wholly enclosed building, and by
adding new commercial motor vehicle sales and service establishments, towing services,
and commercial motor vehicle repair establishments under certain circumstances, as
permitted uses; §36.1-250, Special exception uses, by adding wrecker services and used
commercial motor vehicle sales and service establishments as uses permitted by special
exception; §36.1-270, Permitted uses., by amending subsection (11) to require that general
service establishments which repair automobiles do so only in a wholly enclosed
building, and by adding towing services and establishments which only repair or maintain
commercial motor vehicles under certain circumstances, as permitted uses; §36.1-271,
Special exception uses, by adding wrecker services as a use by special exception; §36.1-
206, §36.1-207, and §36.1-250, by deleting certain uses as permitted uses or uses by
special exception; and §36.1-435, Parking of commercial vehicles, by revising the
regulations pertaining to the parking of commercial motor vehicles in a residential
district, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended.
A copy of the proposed amendment 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 heating listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, April 1 and 8, 2003
Please charge to credit card and send affidavit of publication to:
Martha P. Franklin
Department of Planning Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02118422
36.1-25
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
Vis. ia. Sworn and subscribed before me this
__~-~__day of May 2003. Witness my hand and
off.esl. ~
~'/~___~_~3_~_~_~__ Notary Public
My cc~flmi~sion expires .... ~i_~_/_y~--- .
PUBLISHED ON: 05/02 05/09
TOTAL COST: 404.80
FILED ON: 05/09/03
.........................................................
Authorized ~ ~ A~ ~' . ~
/
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of§l 5.2-2204, Code of Virginia (1950), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Monday, May 19, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia, in order to consider an ordinance, amending and
revising Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended.
The proposed ordinance would amend §36.1-25, Definitions; subsections (26) and (37) of
§36.1-206, Permitted uses; subsection (26) of §36.1-227, Permitted use~; subsection (3) of§36.1-228,
Special exception uses; subsection (24) of §36.1-249, Permitted uses; subsection (11) of §36.1-270,
Permitted uses; subsection (5) of §36.1-271, Special exception uses; §36.1-206, §36.1-207, and
§36.1-250, by deleting certain uses as permitted uses or uses by special exception, and §36.1-435,
Parking of Comxnercial Vehicles, and add new subsections (50) and (51) of §36.1-206, Permitted
uses; subsections (28), (29) and (30) of §36.1-249, Permitted uses; subsections (5) and (9) of§36.1-
250, Special exception uses; subsections (12) and (13) of §36.1-270, Permitted uses; and subsection
(3) of §36.1-435, Parking of commercial vehicles, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended. A copy of said proposed ordinance is available for review in the Office
of the City Clerk, Room 456, Noel C. Taylor Municipal Building. Questions about the content of the
proposed ordinance should be directed to the Office of Planning, Building and Development, 853-
1730.
If you are a person with a disability who needs accommodations for this heating, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, May 15, 2003.
All parties in interest may appear on the above date and be heard on the question.
GiVEN under my hand this 29thday of Apr±l ,2003.
Mary F. Parker, City Clerk.
H \NOTICES/N CA 36 I-TOWYNG51903 DOC
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
May 29, 2003
File #24-514-553
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,
May 19, 2003, a public hearing was held on proposed amendments to the Zoning
Ordinance to better define and differentiate between certain interrelated land use activities
that involve towing services, wrecker services, new and used motor vehicle sales and
service and a new and used commercial motor vehicle sales and service.
Your report recommending adoption of an ordinance amending Section 20-71 of the City
Code pertaining to regulation of on-street or alley parking of commercial motor vehicles in
residential districts was also before the Council.
The abovereferenced report was tabled until the definition of commercial vehicle is
determined.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pc:
Jesse A. Hall, Director of Finance
A. L. Gaskins, Chief of Police
R. Brian Townsend, Director, Planning, Building and Development
H:~Agenda,03\May 19, 2003 correspondence,wpd
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
May 19, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Amendment to City
Code Section 20-71
Enforcement of section 20-71 of the Code of the City of Roanoke (1979), as
amended, pertaining to parking of commercial motor vehicles in residential
districts has been hampered by a lack of a definition of the term "commercial
motor vehicle." The proposed amendments to section 20-71 provide, among
other things, that certain trucks, construction equipment, trailers, semi-trailers,
taxis, limousines, tow trucks, and dump trucks, may not be parked or left
standing on any street or alley located in a residential district for more than two
(2) hours.
Certain school buses and emergency vehicles, vehicles being loaded or
unloaded, vehicles belonging to or used by the occupant of a business when the
premises constitute a lawfully existing use, as well as vans, pickup trucks and
panel trucks, which would otherwise constitute "commercial motor vehicles," are
exempted from the application of the ordinance. No motor vehicle, however,
designed to transport dangerous materials may be permitted to park in a
residential district.
Enforcement of section 20-71, as amended, is intended to dovetail with the
proposed amendments to the Zoning Ordinance which relate to parking
commercial vehicles in a residential district.
Recommended Action:
City Council adopt an ordinance amending Section 20-71 of the City Code
pertaining to the regulation of on-street or alley parking of commercial motor
vehicles in residential districts.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:rbt
Attachments
C;
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Joe Gaskins, Chief of Police
Brian Townsend, Director of Planning Building and Development
CM03-0084
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE amending and reordaining §20-71, _Parking of commercial trucks, of
Article IV, _Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic_, of the
Code of the City of Roanoke (1979), as amended, to provide for the definition of commercial
motor vehicle and to prohibit the same from parking on the streets and alleys in a residential
district under certain circumstances; 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. Section 20-71, Parking of commercial tracks_, of Article IV, Sto in Standin and
Parking, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979),
as amended, is hereby amended and reordained to read and provide as follows:
Sec. 20-71. Parking of commercial tr'dck motor vehicles.
(a) For purposes of this section, a commercial motor vehicle shall be any motor
vehicle or trailer used, designed or maintained for the transportation of persons or
properly for compensation or profit, and which is one of the following types of
vehicles., trucks, tractor cabs, farm tractors, construction equipment, motor
passenger buses, trailers, semi-trailers, taxis, limousines, tow trucks, dump trucks,
roll back tow trucks, flatbed trucks, or step vans.
o-ca-ParkingCommVeh
5/01/03
(b) No commercial motor vehicle shall be parked or left standing on any street
or alley located in a residential district for more than two (2) hours at any time,
except for..
(1)
School buses currently used by a public or private institution of
learning;
Emergency vehicles, while such vehicles are providing emergency
services, or emergency vehicles which are owned by the City of
Roanoke,.
(3) Vehicles being loaded or unloaded,.
Vehicles belonging to or used by the occupant of a business premises
when the premises constitute a lawfully existing use,.
Vehicles, the occupants of which are actually engaged in work on
the premises,, and
(6) Vehicles being used in connection with utility or street work.
(c) No motor vehicle intended or designed to transport caustic, flammable,
explosive or otherwise dangerous materials shall be permitted to be parked
overnight in a residential district.
(d) For purposes of subsections (a) and (b) of this section, vans, pickup trucks
and panel trucks shall not be considered commercial motor vehicles.
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.
o-ca-ParkingCommVeh
5/01/03
I HEREBY REQUEST ~, SCREEN DOOR~O BE INSTALLED AT THE
RESIDENCE THAT I RESIDE AT IN THE "LINCOLN 2000 ".
I HEREBY REQUEST ~ SCREEN DOOR TO BE INSTALLED AT THE
RESIDENCE THAT I RESIDE AT IN THE "LINCOLN 2000 ".
I HEREBY REQUEST& SCREEN DOOR TO BE INSTALLED AT THE
RESIDENCE THAT I RESIDE AT IN THE "LINCOLN 2000"
0
0
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 28, 2003
File #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,
May 19, 2003, Council Member Dowe requested that the City Manager investigate standing
water at the corner of Andrews Road and 19th Street, N. W., and Wellsley Avenue and
Abbott Street, N. W.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Robert K. Bengtson, Director, Public Works
N:\CKMHl~Agenda.03\May 19, 2003 correspondence.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 29, 2003
File #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,
May 19, 2003, Council Member Wyatt requested that the City Manager investigate
standing water/drainage problems in the area of the Lynchburg Turnpike.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Robert K. Bengtson, Director, Public Works
H:~Agenda.03\May 19, 2003 correspondence.wpd