HomeMy WebLinkAboutCouncil Actions 06-16-03 CUTLER
36371-061603
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 16, 2003
2:00 P.M.
CITY COUNCIL CHAMBER
A GEND~4
1. Call to Order--Roll Call. (Vice-Mayor Harris was absent.)
The Invocation was delivered by The Reverend Timothy A. Wright,
Associate Pastor, Evangel Foursquare Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, June 19, 2003,
at 7:00 p.m., and Saturday, June 21, 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
THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL,
GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM,
CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON
MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV. COM TO OBTAIN AN APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
A RESOLUTION paying tribute to Willard N. Claytor, Director of Real Estate
Valuation for the City of Roanoke, and expressing the appreciation of the City
of Roanoke and its citizens for his exemplary public service.
Adopted Resolution No. 36371-061603. (6-0)
File #80-162
0
CONSENT AGENDA
(APPROVED 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1
Minutes of the special meeting of Council held on Thursday, May I,
2003, and the regular meeting held on Monday, May 5, 2003, and recessed
until Wednesday, May 7, 2003.
RECOMMENDED ACTION: Dispense with the reading of the minutes, and
approve as recorded.
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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
3
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A communication from Beverly T. Fitzpatrick, Jr., tendering his
resignation as a Commissioner of the City of Roanoke Redevelopment and
Housing Authority, effective May 19, 2003.
RECOMMENDED ACTION:
File #110-178
Receive and file communication and accept
the resignation.
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A communication from the City Clerk advising of the resignation of
F. B. Webster Day as a member of the Youth Services Citizen Board, effective
immediately.
RECOMMENDED ACTION:
File #110-304
Receive and file communication and accept
the resignation.
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
Transfer of funds from completed capital projects into certain
recommended accounts.
(Joint recommendation of the City Manager and Director of
Finance.)
Adopted Budget Ordinance No. 36372-061603. (6-0)
File #60-217
4
Appropriation of funds in connection with internal services fund
budgetary adjustments.
(Joint recommendation of the City Manager and Director of
Finance.)
Adopted Budget Ordinance No. 36373-061603. (6-0)
File #60
Adjustment of the Enhanced 911 Emergency Telephone System
effective date.
Adopted Ordinance No. 36374-061603.
voted no.)
File #24-188
(5-1, Mayor Smith
Revision to the City Code to meet operational challenges and to
provide for more efficient management of the City Market.
Adopted Ordinance No. 36375-061603. (6-0)
File #24-42
Execution of documents to petition the State Soil and Water
Conservation Board for membership in the Blue Ridge Soil and
Water Conservation District.
Adopted Resolution No. 36376-061603. (6-0)
File #468
Acceptance, appropriation and transfer of 2003-04 Community
Development Block Grant, HOME Investment Partnerships
Program and Emergency Shelter Grant Program Entitlement
funds.
Adopted Budget Ordinance No.'36377-061603 and Resolution
No. 36378-061603. (5-0, Council Member Bestpitch abstained
from voting.)
File #60-72-178-236-247
5
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Transfer of grant match funds in connection with grant writing
services by Randall Funding and Development, Inc.
Adopted Budget Ordinance No. 36379-061603. (6-0)
Council Member Cutler requested information on the
contract amount with Randall Funding and Development,
Inc., and a summary of grants received by the City of
Roanoke as a result of the contract.
File #60-236
Amendment to the City Code to establish procedures for
registration of mopeds.
Adopted Ordinance No. 36380-061603. (6-0)
File #5-24-316-442
Appropriation and transfer of funds in connection with the
Comprehensive Services Act Supplemental Allocation.
Adopted Budget Ordinance No. 36381-061603. (6-0)
File #60-72-304
10.
Transfer of funds in connection with the 2003 Virginia Municipal
League Conference to be hosted by the City of Roanoke on
October 19 - 21, 2003.
Adopted Budget Ordinance No. 36382-061603. (6-0)
File #17-60
11.
Acceptance of a grant and appropriation of funds for
implementation of the Urban Forestry Plan.
Adopted Budget Ordinance No. 36383-061603 and Resolution
No. 36384-061603. (6-0)
File #60-236-240
6
12.
Acceptance of the Summer Food Program grant and
appropriation/transfer of funds.
Adopted Budget Ordinance Nos. 36385-061603 and 36386-
061603 and Resolution No. 36387-061603. (6-0)
File #60-67-236-304
13.
Transfer of funds in connection with personal services lapse.
(Joint recommendation of the City Manager and Director of
Finance.)
Adopted Budget Ordinance No. 36388-061603. (6-0)
File #60-184-385
14.
Execution of separate amendments to the three-year Bridge
Inspection Program for consulting services with Hayes, Seay,
Mattern and Mattern, Inc., and Mattern and Craig, Inc.
Adopted Resolution Nos. 36389-061603 and 36390-061603.
(6-0)
File #102
15.
Revision of the City Code to require pump station maintenance
agreements in connection with sewer extensions.
Adopted Ordinance No. 36391-061603. (6-0)
File #24-27-468
16.
Appropriation of funds in connection with 2003 Hazardous Waste
Collection Day.
Adopted Budget Ordinance No. 36392-061603. (6-0)
File #60-144
17.
Approval of a pledge of 50 per cent of Roanoke's business air
travel to AirTran in connection with the Campaign for Airfare.
Adopted Resolution No. 36393-061603. (6-0)
File #9
7
b. CITY ATTORNEY:
Annual recodification of the City Code to incorporate Code
amendments made by the General Assembly at the previous
Session to State statutes that are incorporated by reference in the
City Code.
Adopted Ordinance No. 36394-061603. (6-0)
File #24
7. REPORTS OF COMMITTEES:
Request of the Roanoke City School Board to close-out 52 school
grants, in the amount of $14,449,240.24; and a report of the Director of
Finance recommending that Council concur in the request.
Concurred in the request.
File #60-236-467
Request of the Roanoke City School Board to appropriate funds to
various accounts; and a report of the Director of Finance recommending
that Council concur in the request.
Adopted Budget Ordinance Nos. 36395-061603 and 36396-061603.
(6-0)
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.
Adopted Resolution No. 36397-061603 providing for reconstitution
of the Roanoke Neighborhood Partnership Steering Committee as
the Roanoke Neighborhood Advocates (RNA), stating the objectives,
duties and responsibilities of the RNA, and repealing Resolution No.
25394, effective July 1, 2003. (6-0)
File #110-488
Council Member Wyatt requested a report on the percentage of
turnover in City departments over the past three years, in both
management and staff positions.
File #184
Council Member Wyatt called attention to the City's new overtime
policy and certain alleged instances when staff who qualify for
overtime pay earn more than supervisors who do not qualify for
overtime pay. She requested that inequities, if any, be reviewed by
the City Manager.
File #60-184
Council Member Wyatt called attention to recent newspaper articles
regarding violence in the schools which is an emotionally charged
issue. She reqUested that the City Manager ensure that City of
Roanoke police officers are treated fairly as the issue is addressed.
File #5-227-467
Council Member Bestpitch referred to a situation where a
homeowner is maintaining an excessive number of pets in a private
residence. He requested that the City Attorney comment on City
Code provisions; whereupon, the City Attorney advised that the
City of Roanoke is one of only a few localities that has placed
numerical limits on dogs and cats, and laws currently in effect are
satisfactory to address the issue. He advised that the situation
referenced by Mr. Bestpitch is difficult to address for a number of
9
reasons and if the case is prepared and presented properly and if the
legal system follows the City's regulatory ordinance, the matter
should be satisfactorily resolved.
File #24-51-54-66-95
The Mayor announced that the City of Roanoke is the recipient of
the Outstanding Achievement Award in the 2003 City Livability
Awards Program- Every Drop Counts Program, sponsored by the
United States Conference of Mayors and Waste Management. He
stated that the City received the award as a result of the combined
efforts of City Council, City staff and citizens of the City of
Roanoke.
File #16-80-468
Council Member Cutler called attention to a reception which was
held earlier in the day by the Blue Ridge Housing Development
Corp., in celebration of the 100th first time home buyer to use the
Single Family Regional Loan Fund administered by Blue Ridge
Housing Development Corp. and Wachovia.
File #80-178
Council Member Fitzpatrick called attention to a recent Center in
the Square Advertising campaign and advised that the success of
downtown Roanoke is due to the efforts of numerous
persons/organizations all working in a concerted effort, and it is
hoped that the leadership of Center in the Square will continue to
work with the City of Roanoke and others in the further
development of downtown Roanoke.
File #80-277-425
Vacancies on certain Council-Appointed authorities, boards,
commissions and committees.
10
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Ms. Faye Rothrock, 621 Walnut Avenue, S. W., Ms. Debbie Stevens, 607
Walnut Avenue, S. W., and Ms. Dorie Howard, 627 Walnut Avenue, S. W.,
expressed concern with regard to an excessive number of pets that are
housed in a private residence in their neighborhood, odor and noise.
File #54-66-95
Mr. Chris Craft, 501 East Gate Avenue, N. E., spoke in support of an
elected School Board for the City of Roanoke. He requested that the City
host an activity in recognition of the service of Delegates A. Victor Thomas
and Clifton A. Woodrum, III.
File #80-467
12. CITY MANAGER COMMENTS: NONE.
At 4:35 p.m., the meeting was declared in recess for one Closed Session.
CERTIFICATION OF CLOSED MEETING. (5-0, Council Member
Dowe left the Council meeting prior to the Closed Session.)
Council appointed/reappointed the following persons to Boards and
Commissions:
Roanoke Public Library Board
File #110-323
Wilburn C. Dibling, Jr.,
Michael L. Ramsey and
Brook M. Parrott, for terms
ending June 30, 2006.
11
Roanoke Arts Commission
File gl 10-230
Virginia Western Community
College, Board of Directors
File gl 10-467
William B. Hopkins, Jr., to fill
the unexpired term of
Robert Humphreys, resigned,
ending June 30, 2004;
Charles E. Jordan,
George Kegley,
Susanna Koerber and
Kathleen W. Lunsford, for
terms ending June 30, 2006;
and Courtney A. Penn, for a
term ending June 30, 2004.
Michael F. Urbanski, for a
term ending June 30, 2007.
Personnel and Employment
Practices Commission
File gl 10-202
Towing Advisory Board
File g5-110-530
Roanoke Valley Greenway Commission
File gl 10-379
Court Community Corrections
Program Regional Community
Criminal Justice Board
File gl 10-242
Virginia B. Stuart, for a term
ending June 30, 2006.
Thomas A. Wood and
Harold F. Wallick, for terms
ending June 30, 2006.
Lucy R. Ellett, for a term
ending June 30, 2006.
Clifford R. Weckstein, for a
term ending June 30, 2005.
Flood Plain Committee
File gl 10-237
Lucian Y. Grove, Bill Tanger,
Mack D. Cooper, II, Dennis
Tinsley and Read A. Lunsford,
for terms ending June 30,
2004.
12
War Memorial Committee
File #110-518
Alfred C. Moore, Robert O.
Gray, Harold H. Worrell, Sr.,
and Philip C. Schirmer, for
terms ending June 30, 2004.
Mill Mountain Advisory Committee
File #67-110
Steven Higgs, Richard Clark
and Betty Field, for terms
ending June 30, 2004.
Roanoke Neighborhood Advocates
File #110-488
Robin Murphy-Kelso, Bob R.
Caudle, Shirley M. Bethel,
Carl D. Cooper, Richard J.
Nichols and Joseph A. Schupp.
AT 5:30 P.M., THE COUNCIL MEETING WAS DECLARED IN
RECESS TO BE RECONVENED AT 7:00 P.M., IN THE CITY
COUNCIL CHAMBER.
13
ROANOKE CITY COUNCIL
REGULAR SESSION
JUNE 16, 2003
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (Vice-Mayor Harris was absent.)
The Invocation was delivered by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
The Council meeting will be televised live by RVTV Channel 3 to be replayed
on Thursday, June 19, 2003, at 7:00 p.m., and Saturday, June 21, 2003, at
4:00 p.m. Council meetings are now being offered with closed captioning for
the hearing impaired.
14
A. PUBLIC HEARINGS:
Request of First Church of God that a tract of land located at 5008
Hildebrand Road, N. W., identified as Official Tax No. 2201401, be
rezoned from RS-3, Residential Single-family District, to C-1, Office
District, subject to certain conditions proffered by the petitioner.
Maryellen F. Goodlatte, Attorney.
Adopted Ordinance No. 36398-061603. (6-0)
File #51
Request ofVHF, LLC, that a tract of land located at 1736 Grandin Road,
S. W., Official Tax No. 1440705, be rezoned from RM-2, Residential
Multi-family, Medium Density District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by the
petitioner. Stephen W. Lemon, Attorney.
Adopted Ordinance No. 36399-061603. (5-0, Council Member
Cutler was out of the Council Chamber when the vote was
recorded.)
File #51
Request of Patricia C. Clower and Tammy Tester to amend Proffered
Conditions set forth in Ordinance No. 29201-072588, in connection with
a tract of land located on Fugate Road, N. E., identified as Official Tax
No. 3101215. Patricia C. Clower and Tammy Tester, Spokespersons.
Adopted Ordinance No. 36400-061603. (6-0)
File #51
Request of the Blue Ridge Small Business Development Center, Inc.,
d/b/a the New Century Venture Center, for exemption from local real
estate taxation of real property located at 1354 Eighth Street, S. W.
Lisa C. Ison, President, The New Century Venture Center.
Adopted Ordinance No. 36401-061603. (6-0)
File #79
15
Proposed adoption of a resolution authorizing the City to contract a debt
and issue general obligation public improvement bonds of the City (and
in anticipation of the issuance thereof general obligation public
improvement bond anticipation notes of the City), in the amount of
$52,300,000.00, for the purpose of providing funds to pay the costs of
acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of
and for City purposes. Darlene L. Burcham, City Manager; and Jesse A.
Hall, Director of Finance.
Adopted Budget Ordinance No. 36404-061603 and Resolution No.
36403-061603. (6-0)
File//53-60
Council Member Cutler left the meeting.
Request of the Presbyterian Community Center, Inc., and PCC Land
Company, LLC, for exemption from local real estate taxation of certain
real and personal property located at 1228 Jamison Avenue, S. E.
Bruce Stockburger, Attorney.
Adopted Ordinance No. 36402-061603. (5-0)
File #79
Request to amend Vision 2001-2020 to include the Hurt Park/Mountain
View/West End Neighborhood Plan. R. Brian Townsend, Agent, City
Planning Commission.
Adopted Ordinance No. 36405-061603. (5-0)
File #165-200
16
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Proposal of the City of Roanoke to convey 0.017 acre of City-owned
property and a revocable license permitting encroachment of a retaining
wall, sidewalk and canopy, with all necessary appurtenances thereto,
encroaching approximately 0.063 acre into the public right-of-way of
Hamilton Terrace, S. E., to Carilion Health Systems, in connection with
construction and development of a pedestrian bridge. Darlene L.
Burcham, City Manager.
Adopted Ordinance Nos. 36406-061603 and 36407-061603. (5-0)
File #28-102-166-221
Consideration of previously received applications for Federal funds
made available through the Transportation Equity Act for the 21st
Century (TEA-21) for transportation enhancement projects in FY
2003-04. Darlene L. Burcham, City Manager.
Adopted Resolution Nos. 36408-061603, 36409-061603 and 36410-
061603 (5-0) and Resolution No. 36411-061603. (4-0, Council
Member Fitzpatrick abstained from voting)
File #441
B. OTHER BUSINESS:
1. (a)
Petition for appeal of a decision of the Architectural Review
Board, filed by Roland H. Macher, President, Macher Properties,
with regard to property located at 518 Mountain Avenue, S. W.
Roland H. Macher, Spokesperson.
(b)
Recommendation of the Architectural Review Board that Council
affirm its decision to deny issuance of a Certificate of
Appropriateness, in connection with the abovereferenced
property. Robert N. Richert, Chair, Architectural Review Board;
and R. Brian Townsend, Director, Planning, Building and
Development, Spokespersons.
17
Based upon the evidence (testimony and documents)
presented, Council affirmed the decision of the City of
Roanoke Architectural Review Board on April 10, 2003, that
no Certificate of Appropriateness be issued for the installation
of two dusk-to-dawn lights at 518 Mountain Avenue, S. W., as
set forth in the Request for Certification of Appropriateness
dated March 27, 2003, on the grounds that the proposed
installation is not compatible with the H-2 District and does
not enhance those special visual and spatial qualities that the
H-2 District was established to protect. (4-1, Mayor Smith
voted no.)
File #249
(a)
Petition for appeal of a decision of the Architectural Review
Board, filed by Dana A. Walker, General Manager, H & W
Properties, LLC, with regard to property located at 702 Marshall
Avenue, S. W. John R. Patterson, Attorney.
(b)
Recommendation of the Architectural Review Board that Council
affirm its decision to deny issuance of a Certificate of
Appropriateness in connection with the abovereferenced property.
Robert N. Richert, Chair, Architectural Review Board; and
R. Brian Townsend, Director, Planning, Building and
Development, Spokespersons.
The matter was referred back to the Architectural Review
Board, pursuant to Section 36.1-642(d), Code of the City of
Roanoke (1979), as amended.
File #249
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.
18
Mr. George Gunther, 3038 Melrose Avenue, N. W., advised that people
with disabilities and/or representing certain ethnic origins are not
properly represented by the lower courts, magistrates, public defenders
and Adult Protective Services in the City of Roanoke, resulting in persons
being improperly incarcerated and/or fined. He called attention to
discrimination in housing by the Roanoke Redevelopment and Housing
Authority, specifically at Melrose Towers where management should be
investigated.
File #66-175-178-353
Mr. Robert Gravely, 3360 Hershberger Road, N. W., expressed concern
with regard to the overall condition of the City of Roanoke. He referred
specifically to the need for better communications with citizens,
improvements to the City's aging infrastructure, creation of more jobs
leading to home ownership for citizens, sufficient wages for City workers
which should not be based on a percentage increase, assistance for the
elderly, and a reduction in Roanoke's crime rate.
File #5-60-66-178-184
19
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
'the 16th day of June, 2003.
lto. 36371-061603.
A RESOLUTION paying tribute to Willard Nathan Claytor, Director of Real Estate
Valuation for the City of Roanoke, and expressing to him the appreciation of this City and its
people for his exemplary public service.
WHEREAS, Mr. Claytor has announced his retirement as Director of Real Estate
Valuation effective August 1, 2003, after 19 years of service with the City;
WHEREAS, Mr. Claytor graduated with a bachelor's degree in business administration
from Central State University in Xenia, Ohio and earned a master's degree in business
administration from Lynchburg College School of Business;
WHEREAS, Mr. Claytor joined the U.S. Air Force in 1969 and was honorably
discharged in 1975;
WHEREAS, Mr. Claytor first came to work for the City in January 1976 and served as a
Real Estate Appraiser for the Real Estate Valuation Department until 1979;
WHEREAS, in Mr. Claytor was promoted to Deputy Director of the Real Estate
Valuation Department and served in that position from 1979 to 1983;
WHEREAS, in May 1983, Mr. Claytor left the City to accept a position as Real Estate
Assessor for the City of Charlottesville, and Mr. Claytor became a licensed real estate broker in
July 1987 and worked in that capacity until March 1992;
WHEREAS, Mr. Claytor returned to the City in March 1992 as the Director of Real
Estate Valuation and has served in that position for over eleven years;
WHEREAS, Mr. Claytor was instrumental in replacing the City's old CARAT system
with Proval, the new Computerized Mass Appraisal System, and had the foresight to instruct
staff to take digital photos of the City's 35,000 improved structures, organize the real estate data,
and attach all to the GIS system for the City's website; and
WHEREAS, Mr. Claytor has served as a member of the Roanoke City Planning
Commission and the City Community Relations Task Force, and is currently a member of the
Roanoke Valley Board of Realtors, Virginia Association of Assessing Officers, serving on the
board of directors from 1998 to 1999; the International Association of Assessing Officers; the
Multiple Listing Association; Sigma Pi Phi Fraternity; and Phi Theta Kappa National Honor
Society.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this means of recognizing and commending the many years
of service rendered to the City of Roanoke and its people by Willard Nathan Claytor.
2. The City Clerk is directed to transmit an attested copy of this resolution to Mr.
Claytor.
ATTEST:
City Clerk.
H:kMEASURESh--w/lclaytor farewell.doc
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SPECIAL SESSION .... ROANOKE CITY COUNCIL
May 1, 2003
7:00 p.m.
The Council of the City of Roanoke met in special session on Monday, May 1,
2003, at 7:00 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road,
N. E., City of Roanoke, with Mayor Ralph K. Smith presiding, pursuant to Resolution
No. 36283-042'103 adopted on Monday, April 21, 2003.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Linda F. Wyatt, and Mayor Ralph K. Smith ......................................... 5.
ABSENT: Council Members William H. Carder and C. Nelson Harris ......... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, CityAttorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The invocation was delivered by Council Member William D. Bestpitch.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
BUDGET-COUNCIL-TAXES-HOUSlNG/AUTHORITY-SEWERS AND STORM
DRAINS-ROANOKE CIVIC CENTER: The Mayor advised that the special meeting was
called for the purpose of conducting public hearings on the recommended 2003-04
HUD funding budget, the recommended fiscal year 2003-04 City budget, proposed
changes in the City's sewer rates and proposed changes in local tax levies; i.e.:
admissions tax, E-911 surcharge and short term rental tax.
The Mayor advised remarks by speakers will be limited to three minutes each.
The Mayor announced that the first public hearing pertains to the HUD budget
which recommends an allocation of $4,028,637.00 in Community Development Block
Grant funds, and HOME Investment Partnership and Emergency Shelter Grant funds;
whereupon, he opened the floor for comments.
The City Clerk advised that no persons had signed up to speak to the item;
whereupon, the Mayor declared the public hearing closed.
The Mayor advised the next public hearing pertains to the recommended fiscal
year 2003-04 City budget, totaling $204.7 million; whereupon, he called upon the
following persons to speak:
Ms. Angela Norman, 1731 Michael Street, N. W., complimented the City
management team for its hard work in the budget preparation process. She stated
that as is the case with personal budgets, when needs exceed the supply of dollars,
additional revenues must be generated. She expressed concern for those citizens
who live on fixed incomes and their ability to pay the additional taxes that are
proposed by the City, and suggested that the City consider a discount plan for the
benefit of those citizens who cannot afford to pay the additional taxes. She
commended Council Members on their efforts to decrease the Council's budget;
however, the percentage of funds spent on local mileage or personal cellular
telephones for City business is only a fraction of the costs compared to the large
percentage of funds expended by the City to hire consultants. She thanked the City
Manager for not terminating any full-time City employees from their positions;
however, the proposed budget provides for a certain class of City employees to
receive additional compensation for specialized training and for participation in
community activities. She stated that it is important to remember that City
employees are public servants; the City Manager currently has the authority to
approve additional compensation for any City employee based on a Personnel
Operating Procedure and the recommended 2004 budget provides another window
of opportunity for certain salaries to be compounded. She added that City
employees are fairly compensated for their work in remuneration and in benefits;
and a freeze should be imposed to eliminate future bonuses or other forms of
compensation, except merit pay increases, until the City is in a better financial
condition. In view of budget cuts, she inquired if it is feasible to continue the police
mounted patrol unit at this time.
Ray Leven, 4251 Lake Drive, S. W., President of the Roanoke Bar Association,
requested that the Roanoke Law Library be considered in the City's budget process
for additional funds. He advised that the Law Library is made up of a collection that
was donated to the City from the Roanoke Bar Association, and maintained by the
City in the Courts Building; and the Roanoke Bar Association has proposed to
donate $3,500.00 to support the collection, which, in the past has been supported
solely by court filing fees authorized by the General Assembly. He explained that
filing fees have decreased due to less litigation and requested that Council consider
augmenting the fees in the amount of $20,000.00 - $30,000.00 per year to maintain
the Law Library collection. He stated that if subscriptions are allowed to expire, the
Law Library collection will become obsolete; and the Roanoke Bar Association has
sent a resolution to the General Assembly requesting that filing fees be increased
to assist in maintaining the collection and the local Bar Association is working with
other Bar Associations throughout the Commonwealth of Virginia to encourage an
increase in the filing fees statewide, so that collections will be properly maintained.
He advised that the Law Library provides access to the courts for the public; at this
point, attorneys are no longer primary users of the Law Library; many attorneys
perform their research electronically; and the public, through the small claims
courts, is encouraged to take more responsibility and the Law Library provides that
avenue.
Rodney Jordan, 1115 Patterson Avenue, S. W., representing flrefighters and
paramedics, advised that the City Manager has proposed a reduction in fire service
personnel; in 2003 budget study discussions, Council rejected a proposal of the City
Manager to cut three positions from Fire Suppression; however, for fiscal year 2004,
a different approach is proposed in which Council is requested to unfund six Fire
Suppression positions. He stated that the Fire administration has advised that it
intends to hire eight new recruits for the next recruit academy; however, if Council
rejects the unfunding of the six positions, 14 recruits would be hired for the next
academy. He advised that on April 7, 2003, Council approved approximately
$265,000.00 to proceed with relocation of No. I Fire Station, a project with an
estimated cost of $4.5 million; and the budget proposal suggests construction a
multi.million dollar facility, while proposing to cut the very positions that will be
housed in the facility. He asked the following question: When a Fire Department
operates at or near minimum staffing levels, what happens when personnel attend
mandatory training, use sick leave, have extended illness, retire or resign? He
responded that the answer to the question is: Fire companies are marked out of
service, and in recent months due to staffing inadequacies, apparatus have been
taken out of service for extended periods of time, equipment has been manned with
a minimum of three personnel per rig, and part-time EMS employees have been
used to operate equipment. He stated that if citizens and businesses are the
employer, should they not be informed when fire protection is reduced because
there is not enough personnel to man the equipment; is a false sense of security
being created when citizens see equipment parked at a fire station, but there are no
personnel inside the station to respond to an emergency; and should signs be
posted on station doors to let citizens know when a fire apparatus is out of service.
In conclusion, he requested that Council reject the City Manager's proposal to
reduce the number of firefighters, or any public safety personnel, whether the
terminology is to "cut" or to "unfund" the position; that Council send a strong
message that public safety is a top priority, and any future recommendations
concerning staffing should be to strengthen, not weaken, essential services of Fire,
EMS, and law enforcement.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W. concurred in the remarks of
the previous speaker. He commended the Fire/EMS Department on the level of
service they provide for the citizens of Roanoke and spoke in support of a pay
increase for fire personnel. He asked that Council deny the City Manager's
recommendation to unfund the six positions.
Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., expressed concern with
regard to tax increases and other taxes related to citizens living on a fixed income.
She asked that fire safety positions remain intact and that citizens be allowed more
input into the budget preparation process before the fiscal year budget reaches the
public hearing phase, because under the current procedure, by the time citizens
address Council at the public hearing, the fiscal year budget has been established.
Ms. Zoe Hewitt-Stennett, 3531 Peters Creek Road, N. W., requested that no
positions be eliminated in public safety. She stated that the City's first priority
should be to its Fire Department, Police Department and Sheriff's Department.
Mr. Robert Gravely, 3360 Hershberger Road, N. W., addressed issues
regarding the use of taxpayers' dollars for new businesses, the City's high crime
rate, the need to improve Roanoke's neighborhoods, better pay for City employees
so that the average employee can afford to purchase a home, the need for more
programs leading to home ownership, and the hardship imposed on Roanoke's
elderly citizens who live on fixed incomes as a result of the tax increase for water
and sewage treatment.
3
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that the safety of the
citizens of Lincoln Terrace be enhanced by including funds in the 2004 City budget
for screen doom, and advised that a request has been previously submitted to the
Roanoke Redevelopment and Housing Authority without success. She called
attention to the importance of public safety positions; citizens of Roanoke should
be informed about the future of Roanoke's fire stations; and funds should be
included in the City's budget to fund a study by the Virginia Fire Association on the
City's proposal to close certain fire stations. She stated that a multiplex fire station
does not afford the level of safety that is necessary for the many sections of
Roanoke; and northwest Roanoke consists of an extremely large area and citizens
should be informed as to the location of a proposed new station. She stated that the
City's budget would be better used if existing fire stations are renovated and
manned with an adequate number of personnel.
There being no further speakers, the Mayor declared the public hearing
closed.
The Mayor spoke to the issue of expenses incurred by the Mayor's Office in
speech writing, cellular telephone and local mileage reimbursement. He stated that
the Council, acting as the Budget and Planning Committee, voted to reduce the
budget for professional speech writing to $2,500.00 per year and to eliminate
reimbursement for cellular telephone expenses and local mileage reimbursement
related to City business. He added that during his tenure as Mayor, he has spent
less funds on speech writing and local mileage reimbursement than previous
Mayors. He called attention to the precedent that has been set by the Council
because a future Mayor may not be in a financial position to pay his or her own
travel and cellular telephone expenses relative to City business.
The Mayor introduced the next public hearing with regard to proposed
changes to the City's sewer rates.
Ms. Estelle McCadden, 2128 Mercer Avenue, N. W., expressed concern with
regard to proposed increases in the sewer and water rates and the hardship that the
proposed increases will create for those persons living on a fixed income. She
stated that citizens know that money is required to operate the City, but there should
be a limit on what taxpayers are expected to fund. She advised that persons living
on fixed incomes will be taxed to the point that they can no longer afford to live in
the City of Roanoke.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested that Council rescind
its previous action to appropriate funds for a branding initiative and allocate those
funds for the purpose of helping citizens pay for increased sewage treatment rates.
She stated that by treating its elderly citizens with respect and improving its
neighborhoods, the City of Roanoke will draw prospective new businesses and
young people to the area.
No other citizens wishing to be heard, the Mayor declared the public hearing
closed.
The Mayor advised the next public hearing pertained to changes in the
admissions tax, the E-911 surcharge, and the short-term rental tax.
Mr. E. Duane Howard, 508 Walnut Avenue, S. W., concurred in the remarks of
Ms. Bethel and Ms. McCadden. He, too, expressed concern with regard to imposing
additional taxes on persons living on a fixed income. He spoke specifically to the
E-911 surcharge on telephone bills which are already unaffordable for many citizens.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., expressed concern with regard
to the proposed increase in taxes for admissions and the E911 surcharge. She
stated that an increase in the admissions tax will affect attendance at Roanoke Civic
Center events; and advised that the City of Roanoke is a beautiful city, but the cost
of living in Roanoke is becoming so high that citizens will begin to move to other
localities. She stated that instead of appropriating funds for a branding study, the
City should focus more on the kinds of actions that are necessary to attract new
people to the Roanoke Valley.
Mr. Kevin Jenks, 1516 Maiden Lane, S. W., advised that the proposed increase
in the admissions tax will cause irreparable harm to small businesses in downtown
Roanoke. He stated that young people are going elsewhere for entertainment
purposes, small bands that perform in downtown Roanoke night clubs are affected,
and because clubs are required to pay licensing fees, etc., club owners and
restaurant owners make very little profit from entertainment. He stated that since
September 11, 2001, and because of the threat of SARS and terrorism, less people
eat in restaurants which, in turn, affects the ability of restaurant owners to meet their
expenses.
It was clarified that the proposed change in the admissions tax for private
businesses will represent a reduction from 6 per cent to 5.5 per cent; therefore, it is
not proposed to increase the admissions tax, although the City is required to hold
a public hearing on any proposed change.
There being no further speakers, the Mayor declared the public hearing
closed.
There being no further business, the Mayor declared the meeting adjourned
at 7:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
C-1
SPECIAL SESSION .... ROANOKE CITY COUNCIL
May 1, 2003
7:50 p.m.
The Council of the City of Roanoke met in special session on Monday, May 1,
2003, at 7:50 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road,
N. E., City of Roanoke, with Mayor Ralph K. Smith presiding, pursuant to Resolution
No. 36283-042103 adopted on Monday, April 21, 2003.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Linda F. Wyatt, and Mayor Ralph K. Smith ......................................... 5.
ABSENT: Council Members William H. Carder and C. Nelson Harris ......... -2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
BUDGET-COUNCIL-TAXES: The Mayor advised that the purpose of the special
meeting was to receive the views of citizens on the City's real property tax rate. He
stated that the City Manager's proposed 2004 fiscal year budget includes a real
property tax rate of $1.21 per $100.00 of assessed value, which is the current tax rate
for fiscal year 2002-03.
The Mayor inquired if there were persons in attendance who would like to
speak in connection with matter; whereupon, the City Clerk advised that no person
had registered to speak.
The Mayor declared the public hearing closed.
The Mayor advised that Council will convene in budget study session on
Wednesday, May 7, 2003, at 8:30 a.m., in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building; and Council will
reconvene in budget study session on Thursday, May 8, at 8:30 a.m., with the School
Board, followed by continuation of the Council's budget study session, with a goal
of sending the fiscal year 2004 budget back to the City Manager for any necessary
adjustments and for preparation of the appropriate measures for adoption by
Council on Monday, May 12, 2003 at 9:00 a.m., in the City Council Chamber.
There being no further business, the Mayor declared the special meeting
adjourned at 7:55 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
C-!
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
May 5, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday, May 5,
2003, at 9:00 a.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Reqular Meetings,
Code of the City of Roanoke (1979), as amended; and pursuant to Resolution No.
36193-010603 adopted on January 6, 2003, which changed the time of
commencement of the regular meeting of Council to be held on the first Monday in
each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members C. Nelson Harris, William D. Bestpitch, M. Rupert
Cutler and Mayor Ralph K. Smith ......................... - ................................... -4.
ABSENT: Council Members Alfred T. Dowe, Jr., Linda F. Wyatt, and William H.
Carder .............................................................................................. 3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council 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, was before
the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler and Mayor Smith .......... --4.
NAYS: None ........................................................................................ -0.
(Council Members Dowe, Wyatt and Carder were not present when the vote was
recorded.)
ACTS OF ACKNOWLEDGEMENT-CITY COUNCIL: A communication from
Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to
discuss a special award, being the Shining Star Award, pursuant to Section 2.2-
3711(A)(10), Code of Virginia (1950), as amended, was before the body.
Mr. Bestpitch moved that Council concur in the request of the Mayor to
convene in a Closed Meeting as above described. The motion was seconded by Mr.
Cutler and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler and Mayor Smith ........... -4.
NAYS: None ........................................................................................ -0.
(Council Members Dowe, Wyatt and Carder were not present when the vote was
recorded.)
CITY COUNCIL: A communication from the City Manager requesting that
Council convene in a Closed Meeting to consult with legal counsel on a specific
legal matter requiring the provision of legal advice by counsel, being the terms and
conditions of a contract in negotiation, pursuant to Section 2.2-3711(A)(7), Code of
Virginia (1950), as amended, was before the body.
Mr. Cutler moved that Council concur in the request of the City Manager to
convene in Closed Meeting as above described. The motion was seconded by Mr.
Bestpitch and adopted by the following vote:
AYES: Council Members Harris, Bestpitch, Cutler and Mayor Smith ........... -4.
NAYS: None ........................................................................................ -0.
(Council Members Dowe, Wyatt and Carder were absent when the vote was
recorded.)
At 9:05 a.m., the Mayor declared the meeting in recess.
The Council meeting reconvened at 9:10 a.m., in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor Smith
presiding, and all Members of the Council in attendance, except Council Member
Carder.
ACTS OF ACKNOWLEDGMENT: Gwin Ellis, Assistant to the City Manager for
Special Projects, introduced delegates from Legacy International's Community
Connection Program, which is a volunteer non profit organization, in association
with the International Trade Association of Western Virginia, and the Piedmont World
Council. She advised that the organization provides business opportunities, training
and citizens exchange for business managers, entrepreneurs, and local government
officials from 11 countries of the former Soviet Union. She stated that the delegates
are from Kyrgystan, Central Asia, and will observe the day-long Council
proceedings.
ITEMS LISTED ON THE 2:00 P.M., COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET: NONE.
BRIEFINGS-TRAFFIC: The City Manager introduced a briefing on traffic
calming measures for Grandin Road, Memorial Avenue and Westover Avenue, S. W.;
whereupon, Robert K. Bengtson, Director, Public Works, described traffic calming
measures/improvements, as follows:
Grandin Road: The goal is to provide traffic calming by reducing
the actual and perceived street width of Grandin Road from
Memorial Avenue to Westover Avenue; the street is now 55 feet
wide and will be reduced to 22 feet at its narrowest point, which
is to be accomplished by widening the sidewalk along the west
side of the street and extending the curb into the street near the
street corners along the east side of the street, while retaining all
on-street parking; an area will be provided for truck loading; the
transit bus stop will be relocated to the next block; crosswalks
will be enhanced with a decorative treatment (brick imprint and
color); and turn lanes at the traffic signal will remain the same.
Memorial Avenue/13th Street: The goal is to provide traffic
calming by changing how the lanes are striped on the pavement
from Grandin Road to Wasena Terrace; the traffic volume on
Memorial Avenue and 13th Street is within the range that can be
handled by two lanes instead of the four lanes that have been in
place; two bicycle lanes will be added and the one full-time
parking lane will be provided on the south side of the street;
work is to begin soon with the repaving of the street; staff has
studied the need for a traffic signal at the Memorial and Roanoke
Avenues intersection, but criteria have not been met and staff
will continue to study the area; the last two blocks of Memorial
Avenue, closest to Grandin Road, will not be changed and the
two blocks will require additional design work so that
improvements are more closely associated with Grandin Road
improvements.
Discussion by Council:
The unsightly barrels on Memorial Bridge should be
removed.
The City should take advantage of opportunities to install
bike lanes and apply appropriate stenciling to denote bike
lanes.
There should be a bike lane from the area to downtown
Roanoke and back.
Bicycle racks should be installed on the front of buses.
The appearance of the fencing at Virginia Heights
Elementary School should be improved. (The City
Manager advised that it would be appropriate, following
the briefing, to present the plans to the school
administration for input on ways to make the school more
attractive and to fit in with the new image.)
There is a need to improve the appearance of the
intersection at Memorial Avenue and Campbell Avenue.
(The City Manager advised of the need to beautify the
intersection through possibly purchasing right-of-way to
make certain improvements, and in the future, staff and
Council should review ail gateways to the City, with a goal
of focusing on those important areas.)
There is a need for better signage to identify
neighborhoods.
There is an opportunity to improve river frontage and
create a gateway.
There should be consistency in the appearance of
projects involving the use of bricks throughout the City.
The City Manager summarized the discussion as follows: City staff will
proceed with the Memorial Bridge project as soon as possible with paving and
restriping to two lanes, one lane in each direction, to the intersection of Wasena
Terrace and Cambridge Avenue; and staff will proceed with detailed design and
drawings for Grandin Road and provide Council with an actual cost estimate.
BRANDING-CONSULTANTS REPORTS: The City Manager introduced a
briefing on branding and the regional initiative.
Chris Slone, Public information Officer, advised that the mission is three
fold: to attract new business, to increase tourism, and to increase the level of civic
pride, or to raise the collective self-esteem of the City of Roanoke. He stated that
branding is the process of identifying what makes Roanoke special, and then
determining how to sell the process in such a way that separates Roanoke from the
cities that it competes against.
He advised that Landor Associates, an international firm, will guide and
facilitate the process in conjunction with the Regional Alliance. He called attention
to two distinct campaigns, both being facilitated by Landor and key stakeholders in
the City will be community leaders, citizens, public relations professionals, etc. He
called attention to the experience of Landor, which is the largest branding firm and
a leader in the entire branding arena; some of the brands that Landor has done
corporately include BP, FedEx, New York Stock Exchange, consumer brands such
as KFC, Secret Deodorant, and Tide, etc.; Landor has prepared destination brands
such as the State of Florida's tourism, Sea World, Traverse City, Michigan, the City
of Hong Kong, Salt Lake City Olympics, and the prior two Olympics. He advised
that the process includes five phases; i.e.: Phase I is the discovery phase which
includes information gathering, interviews of the key people, a research review of
the first two steps, developing a brand vision which will include a vision statement,
and defining the scope, roll and goals of the branding effort; a cursory audit of what
is unique about the City of Roanoke, such as its natural beauty, academic
excellence, historic landmarks, heritage, the Star, transportation and accessibility.
He stated that Landor will review trends overall; i.e.: what makes the City "hot,"
what are the trends in terms of marketing to Americans in this post 9-11 world;
management interviews, stakeholder interviews, and person on the street interviews,
which are on going. Although still a work in progress, he stated that Roanoke can
be defined as being situated in a rich natural environment.
Mr. Slone advised that Phase 2 is referred to as strategic platform
development in order to develop a brand equity model, where personality aspects,
performance, sources of authority that Roanoke delivers, such as its nationally
accredited public safety agencies, big city cultural amenities, heritage, the rail
history, what are Roanoke's symbols such as the Star and other identifying
attributes, such as The Hotel Roanoke, etc.; functional benefits and emotional
benefits, all of which will be funneled into the brand equity model, in order to
develop a brand driver which is a simple, unique, telling, creative insight that drives
and unites everything that is done with regard to the brand. He explained that in
funneling all of the information to determine what is Roanoke's driver, three things
were considered; i.e.: Roanoke is the right size with big city amenities and a small
town feel, Roanoke has a "can do" spirit, Roanoke has a kind of gateway to the
great outdoors, with a mountain in the heart of the City and mountains all around the
area, plus national forests, etc. He stated that Phase 3, which will begin in May and
go through June begins identity development; the actual design is decided upon in
Phase 4, or the look and feel of the brand mark, by addressing such questions as:
how we go about selling the brand, or the process of prioritizing what should be
associated with the brand in order to make it successful, and establishing guidelines
for use; and Phase 5 will include the wrap up stage which involves development of
brand guidelines that are similar to a written standards manual and explains the
strategy in simple terms and philosophy.
The City Manager advised that Roanoke sells itself once people visit the area;
however, the problem is in attracting visitors to Roanoke for the first time. She
stated that Roanoke has a difficult time today saying who and what Roanoke is to
the people of Virginia and outside of Virginia, which is a challenge; and it is hoped
that one of the accomplishments of the branding opportunity will be to raise the
level of appreciation of Roanoke's own residents about how special the Roanoke
Valley is. She added that Roanoker's are their own worst critics, which is not
unusual; the City of Roanoke has much to be proud of, which is the purpose of the
branding effort; and if the recommendations of the consultant are not accepted by
the citizens, the branding initiative will not be successful, which is one of the
reasons that the branding team is on the street engaging in public interviews and
talking with stakeholders.
Discussion by Council:
e
It is unfortunate that there is a misunderstanding by some
members of the community that consideration will be given to
eliminating the "Star City" as Roanoke's logo, which was never
the intent of the branding initiative. It is also unfortunate that
some citizens have the mistaken impression that the City plans
to spend $300,000.00 for just a slogan, when the process is
intended to develop an outline of a campaign to market the
Roanoke Valley.
Why is the word "village" instead of "City" or "urban center"
used in describing Roanoke. (The City Manager explained that
the correct words may not be in place, but the effort is to define
the uniqueness of Roanoke.)
It is disconcerting that one has to leave the Roanoke area to
discover its greatness.
The challenge will be to find a way to enlist all of Roanoke's
citizens to be Roanoke salespersons.
The City Manager advised that it is important to help Roanoker's understand
that selling the community is a positive, not a negative. She advised that a further
report will be submitted to Council at the next appropriate time to keep the Council
informed on the progress of the branding initiative.
LIBRARIES: The City Manager introduced a briefing on funding for the study
of the Roanoke City Public Library, as requested by the Library Board at a Budget
and Planning Committee meeting on Monday, March 3, 2003.
The Assistant City Manager for Community Development advised that at the
March 3 meeting, considerable input was provided by the Council in terms of those
items the Council would like to include in the request for proposals; whereupon,
she presented a draft and a program schedule working in conjuction with the Library
Board and the Library Director. She explained that the consultant will be asked to
answer the question: What should the library of the future be? She added that all
aspects of the library system will be reviewed, i.e.: the main library, the law library,
and the five branch libraries, and a community input process will be developed to
understand the needs of the community, both currently and in the future for a state-
of-the-art library. She advised that the study should be completed in June with the
Request for Proposal to follow, selection of a consultant in September, 2003, the
public process will begin in October, a draft report will be submitted by the
consultant in August, 2004, and a recommendation will be submitted to the Council
in October 2004.
Ms. Russell advised that at the March 3 Budget and Planning Committee
meeting, Council Members suggested including the Art Museum in the study; to
ensure that the Library is linked to the Internet to foster international attention, to
partner with public schools, colleges, and universities, to ensure that archival
storage with the History Museum is included in the consultants study, to ensure that
all available resources in the community, both public and private, are included by
incorporating Parks and Recreation Centers, and to ensure that there is a complete
analysis and inventory of community needs. She stated that the Capital
Maintenance Equipment and Replacement Program will be used to fund the library
study.
The City Manager advised that the Library Board and the Library as an
organization has believed for a long time that the facility is in need of expansion,
renovation, or a new building; however, as City Manager, she has repeatedly stated
the position that the City of Roanoke needs to examine what the role of the library
should be in the future and to develop a constituency before constructing buildings.
She called attention to the Outlook Roanoke Plan in which Council indicated that
if and when something different happens with the library, the facility will be moved,
either on site or to a different location, but such action would not be simply an
expansion of the existing building. She stated that there has been a goal to
encourage persons to hold the idea of a building in abeyance until the elements of
what should be included in the building is defined, but the building element does not
need to be either limited to or complement the current system because the current
system may need to be quite different in the future when taking into consideration
the availability of school resources, the community college, the Higher Education
Center, local museums that house historical documents, etc. She stated that given
the capital budget that Council has adopted, and given the challenge of replacing
two high schools, it will be a number of years into the future before the library
project can begin.
Discussion by Council:
The consultant should look at other structures in downtown
Roanoke such as the former Heironimus building as a possible
new location.
Will the City attempt to find a way to make the library as
accessible as possible to downtown businesses and
neighborhoods?
· Why does Roanoke need a paper library?
Will there be a review of the relationship between the school
system, the school library system and the public library?
The consultant should make suggestions on how to support the
library, not only in terms of dollars but in terms of staffing for
the future. Libraries originated because many citizens could not
afford to purchase books. Society is now moving more toward
libraries for persons who can afford to be connected to the
Internet, therefore, library staff is needed who are trained on
ways to access the Internet.
HOUSING/AUTHORiTY: The City Manager introduced a briefing on Fair
Housing issues and advised that City staffwill attend a meeting of the Fair Housing
Board on Thursday May 6, 2003, and would like to receive input by Council regarding
a proposed change in direction for the Fair Housing Board.
The Assistant City Manager for Community Development advised that the Fair
Housing Board, consisting of seven members, was appointed by Council in 1973;
in 2002, the Fair Housing Board presented a report to Council listing 42 home
impediments, and education was listed as a top priority for the Fair Housing Board.
She stated that a housing study addressed the lack of regional housing choice,
housing for Iow and moderate income individuals, and the lack of diversity in
housing. She called attention to a draft ordinance that will be presented to the
Council in approximately two months containing certain updated information, new
definitions, and certain protected classes that were not included in the original Fair
Housing Ordinance; and the Fair Housing Board has participated in workshops on
educational training.
Ms. Russell explained that the Commonwealth of Virginia has created a Fair
Housing Board, effective July 1, 2003, which will consist of 11 members appointed
by the Governor, including a representative of local government, an architect, a
representative of the mortgage lending industry, a representative of the property and
casualty insurance industry, a representative of the residential property
management industry, a contractor, a representative of the disabled community, a
representative of the residential land lease industry, and three citizens at large,
which will include all areas of expertise that should be involved in fair housing
issues. She advised that staff is seeking the concurrence of Council to introduce
new language to the Fair Housing Board that is not included in the present
ordinance which will be of assistance in focusing on education issues as a mission
of the Fair Housing Board, and staff will provide information to the public on
Federal, State and City fair housing laws, and possible solutions to fair housing
issues, by making both tenants and landlords aware of the resources of the Fair
Housing Board and its authority to conciliate and to hear fair housing complaints.
Question was raised as to the status of a billboard which was recently
installed in the City in connection with fair housing; whereupon, the City Manager
advised that the decision was made by the Fair Housing Board to install the
billboard without prior review by the City Manager's Office. She stated that because
the Fair Housing Board, to its credit, has not been involved in fair housing
complaints, the Board has looked for other ways to be engaged and involved in the
community. In terms of the Council's appointment of individuals to boards and
commissions and communications with those entities, she advised that there needs
to be some direction as to how Council would like for those kinds of activities to be
reported to the Council as a body. She explained that the City of Roanoke is in an
unusual situation in that Roanoke was technically grandfathered with a Fair Housing
Board because the Council in its wisdom in the 1970's appointed a Fair Housing
Board prior to the time that fair housing was on the books in the State of Virginia;
however, the State has now taken on the responsibility. She added that revisions
to the fair housing ordinance are at the request of the Fair Housing Board and its
staff to mirror provisions in the State Code; and it appears that the State intends to
increase its enforcement activities, which is the reason that City staff believes it is
currently more appropriate for the Fair Housing Board to operate in an educational
mode as opposed to an enforcement mode, since State and Federal agencies are
currently assigned with those responsibilities.
Discussion by Council:
The Fair Housing Board should focus on education activities.
In addition to acting in an advisory capacity, the Board could
promote fair housing without getting into the enforcement side
of the issue, develop recommendations for consideration by
Council in regard to housing for individuals who suffer with
physical disabilities and cannot find housing that accommodates
their particular need. This is not technically a discrimination
issue because no law requires landlords of older buildings to
retrofit such buildings to accommodate residents or potential
residents who are disabled.
Without being involved in the enforcement issue, the Fair
Housing Board could submit recommendations on ways that the
City Council could encourage increasing the availability of
different types of housing.
There should be a better understanding of test scores in City
schools, versus County schools, which will be another avenue
to encourage persons to seek housing in the City of Roanoke.
Roanoke is becoming a community composed of older citizens
with people who are looking for one level housing which is
difficult to find; therefore, there is a need to talk with realtors
and builders in connection with housing needs in the City of
Roanoke so that they will have a clear understanding of the
City's goals and vision in the housing arena as it pertains to the
Roanoke community of the future.
In summary, the Assistant City Manager for Community Development advised
that both home ownership and rental property will be addressed with the Fair
Housing Board, in conjunction with those suggestions that may be legally enacted
and will not constitute a repetition of State actions.
VIRGINIA CARES-GRANTS: The City Manager called attention to a request of
the Virginia CARES organization to use the City of Roanoke as its sponsor for
funding for fiscal year 2004. She referred to action previously taken by the Council
in December 2003 which authorized the City of Roanoke to serve in that capacity for
the second half of the fiscal year from January to June, with the understanding that
Virginia CARES would either find another jurisdiction to take on the sponsorship
role or seek funding directly from the Federal Government so as not to use a local
government as its conduit. She explained that it was discovered last week that the
State is requiring that Virginia CARES file its application very quickly, therefore,
Virginia CARES has requested that the City of Roanoke once again act as its
sponsor. She stated that representatives of Virginia CARES were requested to
summarize efforts to engage another Virginia locality as their sponsor, however,
efforts to date have been unsuccessful. She advised that Virginia CARES is again
requesting that the City of Roanoke assume the role of local sponsor, concurrence
by Council is requested, and formal action by Council is not required until the grant
is approved in approximately 30 days.
There was discussion with regard to liability issues, if any; whereupon, Mr.
Bestpitch, Council's representative to the Total Action Poverty Board of Directors,
advised that the City will be acting as a fiscal agent in this capacity and not
assuming any responsibility for the program, management, or delivery of services,
etc. He stated that in the unlikely event that some liability should occur, the City
regularly provides funds to TAP and there would be some ability on the City's part
to negotiate how the issue would be resolved. He advised that since the
relationship between the City and Virginia CARES is positive, the ground work has
already been done, it would be inefficient to suggest that another locality should
assume the sponsorship role; therefore, it would be hoped that the City of Roanoke
will move forward and continue to assist Virginia CARES.
Ms. Wyatt, Council's liaison to the Virginia CARES Board of Directors, advised
that in appreciation of the fact that the City of Roanoke has been willing to act as
agent for Virginia CARES, the organization has not requested local funding by the
City, believing that the City's local sponsorship represented the City of Roanoke's
contribution. She stated that if it were not for the work of Virginia CARES, those
persons participating in the program would end up on the City's welfare roles and
in the City's Police Department, because the majority of the people that Virginia
CARES serves, especially in the southwest Virginia area, will ultimately end up in
Roanoke and the City will have to deal with them one way or another.
Mr. Cutler concurred in the remarks of Council Members Bestpitch and Wyatt.
The City Manager advised that based upon the remarks of the Members of
Council, it appears that there is a consensus by the Council to concur in the request
of Virginia CARES for the City of Roanoke to continue to serve as local fiscal agent.
SEWERS AND STORM DRAINS-COMPLAINTS-CITY CODE: The City Manager
called attention to concerns expressed by residents with regard to a single family
house that was moved to the intersection of Hershberger Road and Shamrock
Street, N. W., in August 2002; and residents of the. area complained about the
appearance of the house, the site distance of the house which is not in line with
other houses on the block, and the need for a neighborhood overlay district which
would mitigate some of the problems that were caused by location of the house.
She advised that sanitary sewer hookup is not located immediately in front of the
property and is approximately 200 feet away; City policy requires that if sanitary
sewer is within 300 feet, the City will participate in the expense of taking the line to
a site within that 300 feet, but there is no requirement that the individual property
owner must participate in the cost of extending the sewer line; therefore, the
property owner obtained a permit through the Health Department for installation of
a septic tank. She explained that currently, the City has no regulations prohibiting
installation of a septic tank, therefore, another home will be served by a septic tank
when public sewer is within 300 feet of the dwelling. She advised that the City of
Roanoke should discourage the use of septic tanks within the City limits, and
especially in those areas where there is a reasonable distance where the line could
be extended. She stated that unless otherwise directed by the Council, City staffwill
prepare the appropriate amendment to the City's sanitary sewer regulations so as
to avoid the continuation of septic tank systems in the City of Roanoke.
Discussion by Council:
· More information is needed relative to costs.
The City of Roanoke should not require a property owner to
extend a sanitary sewer line beyond their property line when
other localities provide the option of installing a septic system.
The City Manager's objective is to eliminate septic tanks in the
City of Roanoke as quickly as possible. Septic tanks have a life
expectancy and a potential for polluting ground water and as the
dependency on ground water for the water supply is extended,
more wells will be drilled, therefore, further pollution of ground
water resources should be avoided.
COMMUNITY PLANNING: The City Manager advised that the Comprehensive
Plan is now available on a computer disk for easy access.
TOPICS FOR DISCUSSION BY COUNCIL:
PARKS AND RECREATION-BUDGET: Council Member Bestpitch referred to
e-mail correspondence indicating that the City plans to eliminate funding for hanging
flower basket program which has been implemented throughout the City;
whereupon, he inquired as to the status of the program.
The City Manager advised that she was not aware of plans to eliminate
funding, it is intended to place hanging flower baskets on Memorial Bridge, the City
is experimenting with the idea of expanding the hanging basket program to other
locations in addition to the downtown Roanoke and Gainsboro areas, and some
baskets will contain artificial flowers as opposed to live flowers.
There was discussion with regard to displaying live flowers versus artificial
flowers, and it was noted that the hanging basket program has been a source of
pride for many citizens as a means to beautify the City, and some Members of
Council suggested that live flowers be used as opposed to artificial flowers.
The City Manager advised that she will investigate the matter and respond to
the Council's inquiry at a later time.
SCHOOLS: Council Member Wyatt called attention to the possibility that
parents may attend Council's 7:00 p.m. session to express concern with regard to
elimination of school resource officers at the two high schools, and there should
be a clear definition of whether the City or the School Board budget funds the
positions.
The City Manager explained that Student Resource Officers are a
responsibility, cost-wise, of the school system, which instituted the program a
number of years ago; and two resource officers are assigned to each of the middle
schools and each of the high schools. She explained that several years ago, the
school system was under the impression that there was grant funding for two
additional Student Resource Officers, one each for the two high schools; it is the
understanding of the Chief of Police that at the time the schools wanted to add the
two additional resource officers, the Chief of Police expressed a commitment to pay
for the additional officers even if the grant was not received; the City has always
been reimbursed for the officers who are on the City's payroll; the officers are
trained, hired, recruited, and supervised by the Chief of Police and his management
staff; and when the City discovered that it was not eligible to receive the grant
because the grant was intended to fund new programs and not to expand an existing
program, the Police Department continued to provide the additional resources
officers. She called attention to confusion about reimbursement and the City was
not reimbursed for some period of time, therefore, beginning this fiscal year, the City
began to bill the school system and was informed during the budget process by
school representatives that the school system did not intend to continue the two
resource officers; the Chief of Police agreed that the City would fund the officers for
the balance of the fiscal year, and he would identify a means to absorb funding so
that the officers would return to the Police Department at the end of the school year.
She stated that if the school system would like to continue resource officer funding
at its current level, the necessary adjustments could be made in the budget because
it is believed to be a school responsibility and should be budgeted accordingly. She
explained that the City has provided additional funds, beyond the original estimate
to the schools, in the amount $400,000.00, which is a revenue option that is
available for school resource officers as well as other school needs. She advised
that the use of School Resource Officers has changed over the years and on some
occasions, School Resource Officers have been used to address disciplinary
problems which was not the intent of the original placement. She called attention
to a meeting of the Police Chief and the School Superintendent to review statistics
and to clarify the roles of various individuals within the school system, since the
schools also employ a significant number of security officers, many of whom are
retired Police Officers and Sheriff's deputies, who are actually responsible for
security; School Resource Officers were originally hired to facilitate an
understanding and communication between students and Police Officers, and not
to mete out discipline; however, they are currently called upon to handle what would
typically be referred to as disciplinary problems, which is not the role they were
intended to play. She stated that the matter is an issue that should be discussed
by the Council and the School Board and could be a potential agenda item for the
Council and the School Board joint meeting on Thursday, May 8, 2003.
Ms. Wyatt advised that the Thursday joint meeting of the Council and the
School Board would not be the appropriate time to address the matter since the
School Superintendent will not be in attendance.
Mr. Bestpitch concurred in Ms. Wyatt's statements and advised that it would
be appropriate for the Council to send a message to the School Board in terms of
the Council's concerns and expectations as the body that appoints School Board
Trustees to their respective offices.
At 11:40 a.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
City Council Chamber.
At 2:00 p.m., on Monday, May 5, 2003, the Council meeting reconvened in the
City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, Virginia, with Mayor Smith presiding.
PRESENT: Council Members William H. Carder, M. Rupert Cutler, Alfred T.
Dowe, Jr., C. Nelson Harris, Linda F. Wyatt, William D. Bestpitch and Mayor Ralph K.
Smith .......................................................................................................... -7.
ABSENT: None .................................................................................... 0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend Cynthia Long Lasher,
Pastor, Glade Creek Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENT: The Mayor welcomed quests from JalaI-Abad,
Kyrgystan, located in the heart of central Asia, who were participating in internships
though Legacy International, an organization which provides a nationwide training
opportunity for citizen exchange for business managers, entrepreneurs and other
diverse sectors from 11 countries of the former Soviet Union.
PRESENTATIONS AND ACKNOWLEDGMENTS
ACTS OF ACKNOWLEDGMENTS-CITY COUNCIL: Inasmuch as Council
Member William H. Carder has resigned from the City Council, effective May 16,
2003, Mr. Bestpitch offered the following resolution:
(#36293-050503) A RESOLUTION paying tribute to the Honorable William H.
Carder, and expressing to him the appreciation of this City and its people for his
exemplary public service.
(For full text of Resolution, see Resolution Book No. 97, page 207.)
Mr. Bestpitch moved the adoption of Resolution No. 36293-050503. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Cutler and Mayor
Smith .............................................................................................................. -6.
NAYS: None ........................................................................................ -0.
(Council Member Carder abstained from voting)
ACTS OF ACKNOWLEDGMENT-CHURCHES SCHOOLS: Vice-Mayor Harris
introduced representatives of Faith Christian School, which annually hosts a "Faith
Walk" as a fund raiser and a community project that benefits the City of Roanoke.
He advised that last year and once again this year, participants will be cleaning up
and maintaining one of the City's greenways; whereupon, he introduced Sam Cox,
Head Master, Faith Christian School, and Liz Belcher, Roanoke Valley Greenway
Coordinator.
Ms. Belcher advised that last year, Faith Christian School donated over 700
hours of volunteer time to the Murray Run Greenway, and this year volunteers will
work on rehabilitation of the Chestnut Ridge trail, which backs up to South Roanoke;
the project involves more than just picking up trash and cleaning up the trail, but
helping to rehab the trail, which counts as a match toward the grant; and the project
is looked at with favor by Blue Ridge Parkway officials as an indication that the
Roanoke area is willing to commit resources to bring the trails up to standard before
Roanoke Valley greenways are connected to the trails.
Justin Knight and Brett Jones, students at Faith Christian School, advised that
several fund raisers have been held in the past to augment the schools' operating
fund; however, over the years, fund raisers involved a "Faith Walk" in which
students sought sponsors; and last year, the Faith Walk Committee, along with the
student government of the school, decided to embark on a service-oriented project
at Fishburn Park where the trail was mulched, and another service-related project
will be sponsored this year.
Mr. Jones advised that one of the reasons Faith Christian School decided to
change from a walkathon to more service-related projects was due to the motto of
the school which is a Latin word meaning "service". He stated that the goal is to
make an impact on the community, while raising funds for Faith Christian School.
Vice-Mayor Harris recognized the volunteer efforts of Faith Christian School
and presented the school with a City Seal paper weight.
PROCLAMATIONS-WATER RESOURCES: The Mayor presented a
proclamation declaring the week of May 4 - 10, 2003 as National Drinking Water
Week.
PROCLAMATIONS-LANDMARKS/HISTORY PRESERVATION: The Mayor
presented a proclamation declaring the week of May 5 - 12, 2003, as National Historic
Preservation Week.
CONSENT AGENDA
The Mayor advised that ail matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meeting of Council held on Monday,
March 17, 2003, and Monday, April 7, 2003, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Dowe moved that the reading of the minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Cutler and
adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................. -7.
NAYS: None ........................................................................................... -0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-ECONOMIC
DEVELOPMENT: A communication from the City Manager requesting that Council
schedule a public hearing for Monday, May 19, 2003, at 7:00 p.m., or as soon
thereafter as the matter may be heard, with regard to an option or sale of City owned
property described as Tract F in the Roanoke Center for Industry and Technology,
was before the body.
Mr. Dowe moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................... -7.
NAYS: None ..................................................................................... -0.
REGULAR AGENDA
COMMITTEES-SCHOOLS:
OATHS OF OFFICE-SCHOOLS: The Mayor advised that the three year terms
of office of Marsha W. Ellison, F. B. Webster Day and Gloria P. Manns as Trustees
of the Roanoke City School Board will expire on June 30, 2003, Ms. Ellison is
ineligible to serve another term; whereupon, he opened the floor for nominations to
fill the vacancies.
It was the consensus of Council that the following names would be placed in
nomination: Dennis Binns, F. B. Webster Day, Tiffany M. Johnson, Gloria P. Manns,
Kathy G. Stockburger and David B. Trinkle.
There being no further nominations, Ms. Manns was reappointed and Ms.
Stockburger and Mr. Trinkle were appointed as Trustees of the Roanoke City School
Board, for terms commencing July 1, 2003 and ending June 30, 2006, by the
following vote:
FOR MR. BINNS: None ......................................................................... --0.
FOR MR. DAY: Council Members Harris and Carder .................................... 2.
FOR MS. JOHNSON: None ...................................................................... -0.
FOR MS. MANNS: Council Members Dowe, Wyatt, Bestpitch, Cutler and
Mayor Smith ................................................................................................... 5.
FOR MS. STOCKBURGER: Council Members Dowe, Harris, Wyatt, Bestpitch,
Carder, Cutler, and Mayor Smith ....................................................................... 7.
FOR MR. TRINKLE: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder,
Cutler, and Mayor Smith .................................................................................. 7.
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY COUNCIL: A communication from the Honorable William H. Carder
tendering his resignation as a Member of Roanoke City Council, effective May 16,
2003, was before Council.
Without objection by Council, the Mayor advised that the communication
would be received and filed and the resignation would be accepted with regret.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
COMMUNICATIONS DEPARTMENT-SCHOOLS-EQUIPMENT: The City Manager
submitted a communication advising that there are 21 Apple iMac computers in
library branches that no longer meet the minimum specifications for personal
computers (PCs) in the library system and need replacement; and both the
Department of Technology and Library staff recommend replacement of the
computers with Windows-based PCs based on the following criteria:
Apple computers are not supported by the Department of
Technology and can be replaced with Windows-based PCs
as part of the City's PC Replacement Program;
Apple iMac computers do not support as wide a range of
software applications as Windows-based computers;
Observations from library staff that patrons will wait for a
Windows-based PC to become available even when there
are iMacs ready to be used and that patrons will often
request to change from an iMac to a Windows-based PC
when one becomes available;
Patrons tend to avoid iMacs due to the fact that they are not as
widely used in businesses or other institutions;
The price of most software applications is less expensive
for Windows-based PCs than iMacs;
The Internet filtering software the library uses is only
supported on Windows-based computers.
It was further advised that the City can provide Apple computer capability at
library branches through installation of'Appleworks' software installed on standard
PCs; 'Appleworks' can be purchased for under $40 per copy and will initially be
installed on one PC in each library branch; if need dictates, additional 'Appleworks'
licensed PCs will be added; in evaluating the best possible usage of Apple
computers, it is recommended that the PCs be donated to the Roanoke City school
system for use at Westside Elementary School, where they will be put to good use
by introducing students in grades 2-5 to computer basics; and approximate value
of the 21 Apple iMac computers is $5,250.00.
The City Manager recommended that Council authorize donation of 21 Apple
iMac computers to the City of Roanoke Public Schools for use at Westside
Elementary School in order to expand, enhance and expose technology to
elementary school students.
Ms. Wyatt offered the following resolution:
(#36294-050503) A RESOLUTION authorizing the donation of 21 Apple iMac
computers that no longer meet the minimum specifications for personal computer
in the library system to West Side Elementary School.
(For full text of Resolution, see Resolution Book No. 97, page 209.)
Ms. Wyatt moved the adoption of Resolution No. 36294-050503. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................. -7.
NAYS: None ....................................................................................... -0.
Council Member Wyatt expressed appreciation to the City Manager for making
computers available to students at Westside Elementary School.
BUDGET-EMERGENCY SERVICES: The City Manager submitted a
communication advising that the Commonwealth of Virginia mandated that localities
take responsibility for answering wireless E911 calls instead of having the calls
routed and answered by the State Police; the Virginia State Wireless E911 Services
Board provides funding to localities for equipment and limited salaries to provide
the service by collecting $ .75 per month from each wireless telephone user; on
February 26, 2003, the Virginia State Wireless E911 Services Board awarded the City
of Roanoke an additional $65,526.00 for fiscal year 2002-2003 to complete Wireless
Phase II; Wireless Phase II, which provides the location of the caller, is scheduled
for implementation by December, 2003; and there is no requirement for matching
funds.
The City Manager recommended that Council accept $65,526.00 from the
Virginia State Wireless E911 Services Board; increase 911 Wireless revenue
estimate, Account No. 001-110-1234-0654, by $13,679.00 and Account No. 013-110-
1234-1355 by $51,847.00; appropriate $13,679.00 to the E911 Center for telephone
charges, Account No. 001-430-4131-2020, and appropriate $51,847.00 to E-911
Upgrades for Hardware/Software Capital Account to fund hardware and software
upgrades, Account No. 013-430-9870-9007.
Mr. Dowe offered the following budget ordinance:
(#36295-050503) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Department of Technology Funds Appropriations, and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 209.)
Mr. Dowe moved the adoption of Ordinance No. 36295-050503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................... 7.
NAYS:None ......................................................................................... ~.
PURCHASE/SALE OF PROPERTY-BONDS/BOND ISSUES-CITY PROPERTY-
STREETS AND ALLEYS: The City Manager submitted a communication advising that
Blue Hills Drive serves the Roanoke Centre for Industry and Technology (RCIT),
providing access for those industries located in RCIT; the roadway has been
extended as needed to serve the various parcels as they have been developed; a
contract is expected to be executed in the near future for the sale of Tract "F"; and
the final section of Blue Hills Drive needs to be extended in order to facilitate
development of the remaining parcels.
It was further advised that in order to make application for VDOT Industrial
Access Program Funds, it will be necessary for Council to adopt a resolution
requesting funds which can be for an amount up to $450,000.00, with a required
local match of up to $150,000.00; VDOT regulations require that the City of Roanoke
provide a bond, or other acceptable security, to guarantee the VDOT required
investment in the project and that any awarded access funds, or a portion thereof,
be paid back to VDOT if such investment does not occur within five years.
The City Manager recommended that Council adopt a resolution requesting
that the Commonwealth Transportation Board provide financing up to $450,000.00
from the Industrial, Airport and Rail Access Fund for extension of Blue Hills Drive;
authorize the City Manager to make application for such funds and to execute the
necessary documents for such application; provide for a bond or other security to
VDOT; and any required local matching funds will be provided by a subsequent
appropriation of Council.
Mr. Cutler offered the following resolution:
(#36296-050503) A RESOLUTION authorizing the City Manager to make
application to the Commonwealth of Virginia Department of Transportation for
Industrial Access Road Funds, in an amount up to $450,000.00, for roadway
construction and improvements to part of Blue Hills Drive in the Roanoke Centre for
Industry and Technology, to provide adequate industrial access to part of that
property in order to provide for new capital investment and development of such
property; acknowledging certain requirements for obtaining such funds, including
the provision of a bond or other security; and authorizing the execution of any
required documentation on behalf of the City of Roanoke for acceptance of any such
funds which may be awarded.
(For full text of Resolution, see Resolution Book No. 97, page 211.)
Mr. Cutler moved the adoption of Resolution No. 36296-050503. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith ................................................................................................ -7.
NAYS:None ........................................................................................ ~.
CITY CODE-DOWNTOWN ROANOKE, INCORPORATED-RESIDENTIAL
PARKING: The City Manager submitted a communication advising that in the spring
of 2002, City staff presented Council with information regarding Downtown
Residential Parking; and through a series of meetings with downtown residents and
potential downtown residential developers, five primary issues were identified as
important to residents and developers to support their decision to move into and
remain in downtown Roanoke:
Increase the availability of parking or loading zones,
especially between the hours of 6:00 a.m. and 6:00 p.m.,
which is viewed as particularly desirable for unloading
items such as groceries in close proximity to residences.
Allow unrestricted parking in timed parking spaces
for nights and weekends.
Provide for an enhanced feeling of security along
the walking paths between residences and parking
areas, as well as in parking garages.
Continue to allow free parking in City-owned
parking garages for downtown residences.
Expand the residential permit parking program to
include the Downtown Service District (DSD).
It was further advised that in response to the five primary issues, the City has
reviewed and adjusted loading zones to meet the needs of downtown businesses
and residents and have continued to allow unrestricted parking in timed parking
spaces for nights and weekends; and downtown residents have continued to park
free of charge in City-owned parking garages, and parking areas and walking paths
have been monitored by the Police Department and the parking facility management
company to enhance security and a feeling of security by users of the facilities.
It was explained that City staff recommended that the Residential Permit
Parking Program be expanded to include the Downtown Service District (DSD),
which Council approved at its April 1,2002 meeting; program expansion within the
DSD will establish residential permit parking zones at strategically placed locations
for use by residents who purchase a permit; while existing timed parking restrictions
will remain in effect at those locations for use by vehicles without a permit (such as
in 15 minute, 30 minute or one hour parking zones), the permitted vehicle would
have the convenience of parking for up to two-hours (at any time of day) in a permit-
parking zone as designated by the City Manager; therefore, a permitted vehicle will
be allowed to park for two hours in the permit parking zones between the hours of
7:00 a.m. and 6:00 p.m., thereby allowing a downtown resident to park from 4:00 p.m.
in the afternoon until 9:00 a.m. the following morning without having to move their
vehicle; and the program includes a $5.00 fee per residential unit and a limit of one
permit per licensed adult resident.
The City Manager advised that following Council's approval to implement the
program, the Transportation Division completed parking studies needed to verify the
appropriate location of permit parking zones; the City Treasurer's Office worked to
obtain permit parking stickers that would effectively serve the program and
determined that an alternative type of sticker would be needed; therefore, the
ordinance that specifically identifies appropriate placement of the permit on the
vehicle must be modified accordingly; new stickers were received in February and
are ready to be distributed to downtown residents; immediately following Council's
approval of the ordinance modification, the downtown permit parking program will
be implemented and available to the public; appropriate signs, which have been
installed and covered, will be uncovered and ready; information with regard to
implementation of the program and Council's pending action was delivered to
downtown residents on Friday, April 25, 2003; and residents have been advised that
they may pick up permits following approval of the recommended action by Council.
The City Manager recommended that Council authorize amendment of the
City Code, Division 2, Residential Parking Permits, Article IV, Stopping, Standing
and Parking, Chapter 20, Motor Vehicles and Traffic, to change requirements
pertaining to the display of residential permits and visitor passes; currently, the City
Code requires that permits be displayed on the left rear bumper of the resident's
vehicle and visitor passes are to be displayed in the left rear window; and a change
is requested to provide that permits shall be displayed on the left passenger window
behind the driver in the lower left corner, and visitor passes shall hang from the
interior rearview mirror with the zone location and expiration date visible from
outside the front windshield.
Mr. Carder offered the following ordinance:
(#36297-050503) AN ORDINANCE amending Section 20-80 of Division 2
Residential Parkinq Permits, of Article IV, Stopl3incl, Standing and Parking, Chapter
20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended,
amending the City's residential parking permit system; and dispensing with the
second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 213.)
Mr. Carder moved the adoption of Ordinance No. 36297-050503. The motion
was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................. -7.
NAYS:None ........................................................................................ ~.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager submitted a
communication advising that the Virginia Department of Social Services has
allocated funds from the Federal TANF Grant to eligible State and community-based
services; funds must be used for the purposes of job retention and wage
advancement of TANF recipients, or for former TANF recipients in the period of
ineligibility; the City of Roanoke will develop a collaborative project combining its
allocation of $199,022.00 with those of Botetourt, Craig, Franklin, and Roanoke
Counties, for a total of $269,312.00; and the City of Roanoke will issue a Request for
Proposals and enter into a contractual agreement with service providers for delivery
of medical assessment services and job development services for hard-to-employ
recipients of TANF benefits.
The City Manager recommended that Council authorize acceptance of the
grant award; appropriate TANF funding for job retention and wage advancement,
totaling $269,312.00, and establish a revenue estimate of $269,312.00 in an account
to be established by the Director of Finance in the Grant Fund.
Mr. Dowe offered the following budget ordinance:
(#36298-050503) 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.
(For full text of Ordinance, see Ordinance Book No. 97, page 214.)
Mr. Dowe moved the adoption of Ordinance No. 36298-050503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................... 7.
NAYS:None ........................................................................................ ~.
Mr. Dowe offered the following resolution:
(#36299-050503) A RESOLUTION authorizing acceptance of a grant award
under the Temporary Assistance for Needy Families (TANF) Funding for Job
Retention and Wage Advancement from the Virginia Department of Social Services,
for the purpose of providing job retention and wage advancement of TANF recipients
or for former TANF recipients in the period of ineligibility, and authorizing execution
of any and all necessary documents to comply with the terms and conditions of the
grant.
(For full text of Resolution, see Resolution Book No. 97, page 215.)
Mr. Dowe moved the adoption of Resolution No. 36299-050503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith ................................................................................................... -7.
NAYS: None ......................................................................................... 0.
BUDGET-PARKS AND RECREATION-CELEBRATIONS: The City Manager
submitted a communication advising that the Roanoke Special Events Committee,
a 501(c)(3) non-profit organization composed of Council appointed members, was
established in 1979 to produce and promote successful, world-class events in the
City of Roanoke that would reflect the character and spirit of the Roanoke Valley;
and the Committee has contributed to the economic development and image
enhancement of the City by organizing high quality events and festivals to serve all;
specific special events and festivals within the City need to be enhanced and
coordinated; moreover, new events need to be developed that are aligned with the
City's economic development, image enhancement, and quality of life goals.
It was further advised that in order to ensure that all special events in
downtown Roanoke meet this criterion of excellence, the Roanoke Special Events
Committee and Festival In The Park have agreed to collaborate their efforts in
forming a new organization named, eventzone.org (hereinafter referred to as, "Event
Zone"), which consolidation would alleviate the responsibility of Parks and
Recreation in sponsoring and producing special events and allow the Department
to focus on its primary mission of supporting parks, recreational facilities and
programs.
It was explained that if Event Zone agrees to accept the responsibility of
serving as the lead agency for sponsoring and producing major City events, the
organization will develop partnerships by working with community, civic, and
government agencies, while encouraging cross marketing and electronic links
among websites, in order to produce a balanced year-round program of downtown
events; the organization will also mentor event organizers by educating and
conducting forums for community organizations; through event facilitation, Event
Zone will be able to promote awareness of City regulations, coordinate use of City
properties and serve as liaison between the City and event producers; and for the
upcoming fiscal year 2003-2004, funds are needed in the amount of $177,520.00,
which have been identified as a part of the 2003-2004 recommended City budget.
The City Manager recommended that she be authorized to execute an
Agreement and any other documents necessary to implement terms of the
Agreement, such documents to be approved as to form by the City Attorney; that
Council authorize payment of $177,520.00, from Parks and Recreation
Administration Special Events, Account No. 7111-620-2125, for services provided by
Event Zone commencing July '1, 2003 within the structure of the 2003-2004 City
recommended budget.
Mr. Dowe offered the following budget ordinance:
(#36300-050503) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General Fund Appropriations, and dispensing with the second reading
by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 216.)
Mr. Dowe moved the adoption of Ordinance No. 36300-050503. The motion
was seconded by Mr. Cutler.
Council Member Bestpitch called attention to recent improvements to
Elmwood Park, where the stage area was expanded and an area was added for
dancing. He spoke in support of using Elmwood Park for a type of summer-long
series of performances similar to those held in Byrd Park in Richmond, Virginia,
which involves music entertainment from blue grass to symphony and all types of
performing art. He stated that the key is the ability to coordinate programs while
being sensitive to noise issues and the level of traffic to be generated that wil affect
will nearby residents.
Stu Israel, Executive Director, Event Zone, advised that today is a historic day
for both Roanoke Festival in the Park and the City's Special Events Committee,
because Festival in the Park is 34 years old this year and the City's Special Events
Committee is 20 years old, both of which are two long standing organizations that
have produced quality events in the Roanoke community, the majority of which has
been coordinated by volunteers. He stated that for 34 years, Roanoke Festival in the
Park has never received City funds, but has received a great deal of in kind support
from the City. He called attention to Event Zone which is a new events organization,
and by entering into a contractual agreement with the City, the organization will
create and produce events in downtown Roanoke in the event zone area which has
been defined as extending from Victory Stadium to the Roanoke Civic Center,
enhance economic development by packaging events together to draw people to the
Roanoke Valley, bring new money into the Roanoke Valley, serve as a mentor to
organizations wishing to create an event; serve as a facilitator for existing events
to help those persons in the Roanoke Valley who are producing events to learn how
to navigate the various channels in order to produce a quality event, offer
opportunities to leverage better deals for service such as security services and
other necessary supplies, help leverage sponsorship and create a partnership
between existing events, thereby enabling Event Zone to assist in making Roanoke
a true festival City. He called attention to upcoming activities, such as Festival in
the Park in 18 days, Miss Virginia Picnic, and the Tasteofthe Blue Ridge Blues and
Jazz Festival.
Ordinance No. 36300-050503 was adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith ................................................................................................... 7.
NAYS: None ........................................................................................ -0.
Mr. Dowe offered the following ordinance:
(#36301-050503) AN ORDINANCE authorizing the City Manager to enter into
an Agreement, and to execute any other documents necessary to implement the
terms of the Agreement, between the City of Roanoke and eventzone.org ("Event
Zone"), a non-profit corporation organized under Section 501 (c) of the United States
Internal Revenue Code, pertaining to the conducting of special events and festivals
by Event Zone in the City of Roanoke, and dispensing with the second reading of
this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 97, page 217.)
Mr. Dowe moved the adoption of Ordinance No. 36301-050503. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith ............................................................................................ -7.
NAYS: None ........................................................................................ -0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
March 2003.
There being no questions, and without objection by Council, the Mayor
advised that the Financial Report for March 2003 would be received and filed.
DIRECTOR OF FINANCE-CITY CODE-TAXES-FEE COMPENDIUM: The Director
of Finance submitted a written report advising that Section 2-238 of the Code of the
City of Roanoke (1979), ("City Code") provides authority for the Director of Finance
to accept interest or penalty payments at a rate less than prescribed and to waive
interest in certain circumstances, as follows: assessments against owners of
abutting property for public improvements, charges levied against landowners for
failure to remove noxious weeds or for removal of buildings, walls or other
structures which might endanger the public health and safety, and City taxes.
It was further advised that the Director of Finance administers a City wide
accounts receivable billing system which generates invoices for various types of
charges such as bad checks, intergovernmental agency charges, leases, sewage
dumping fees, police report fees, solid waste collection fees, and emergency
medical service billings; the system also generates invoices for removal of noxious
weeds and for removal of buildings which are specifically set forth in Section 2-238;
the system applies a ten per cent, or $10.00 minimum late payment penalty, along
with interest at the legal rate; it is sometimes necessary to waive penalty and
interest on these types of billings due to timing differences in payments, possible
errors or when a disputed billing is being resolved; additionally, the Director of
Finance administers parking tickets for which similar authority for waiver of the
$15.00 late payment penalty is also needed; and waiver of penalty or interest is not
a common occurrence, but is needed in certain legitimate circumstances.
It was explained that a modification to Section 2-238 of the City Code to
include "other fees and charges owed the City" would provide proper legal authority
for waiver of penalty and interest for invoices and parking tickets.
The Director of Finance recommended that Council amend Section 2-238 of
the City Code to provide authority for the Director of Finance to waive penalty and
interest applied to other fees and charges, in addition to the specifically listed
charges or taxes.
Mr. Dowe offered the following ordinance:
(#36302-050503) AN ORDINANCE amending §2-238 Authority to reduce or
waive interest and penalty payments, of Article Xl, Director of Finance, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as amended, by
expanding the authority of the Director of Finance regarding reduction or waiver of
interest and penalty payments on fees and charges owed the City; and dispensing
with the second reading by title paragraph of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 218.)
Mr. Dowe moved the adoption of Ordinance No. 36302-050503. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................... -7.
NAYS: None ........................................................................................ -0.
POLICE DEPARTMENT-CITY CODE- DIRECTOR OF FINANCE-BILLINGS AND
COLLECTIONS-FEE COMPENDIUM-SCHOOLS: The Director of Finance submitted
a written report advising that a team comprised of members from the Department of
Billings and Collections, City Treasurer, Department of Technology and the Police
Department reviewed the current parking ticket and decal ticket process and
submitted recommendations for improvements that will have a positive impact on
efficiency in processing, collections and customer service; the current parking ticket
and decal ticket process has been in place and unchanged, except for fine
increases, for over 30 years; the existing process requires that parking tickets and
decal tickets be paid within ten calendar days, or a $15.00 late payment penalty is
automatically added; for tickets unpaid after ten days, a law enforcement notice is
mailed providing five calendar days for the violator to pay the fine in full, including
the late payment penalty; if unpaid after a 15-20 calendar day time frame, a court
summons is automatically issued and the violator incurs court costs in addition to
the ticket and late payment penalty.
It was further advised that since tickets and late payment penalties have
steadily increased, and business processes have changed in other areas; it became
important to assess potential improvements to the parking ticket and decal ticket
process; customers(violators) have continually stated that they need more time to
pay; between customers' work schedules and timing of their paychecks, many
cannot pay within the 15-20 days before a court summons is issued; and it has been
found that many payments were mailed between the time the original ticket was
issued and the law enforcement notice and the court summons were sent, which
imposes additional manual work on the part of several City departments.
It was explained that Sections 20-33.1, 20-33.2 and 20-89 of the City Code
provide that partial payments may not be accepted by the City Treasurer; when
tickets were only $2.00, this was an appropriate guideline, however, tickets now
range from $15.00 to $125.00, not including a $15.00 late payment penalty and fees;
while business practice dictates that the goal should be to always collect ticket
payments in full, partial payments are often received through the mail, or are
necessary to accommodate a particular situation; and a change in the City Code will
allow the City Treasurer to properly process payments.
It was advised that the fine for City decal violations is $43.00; pursuant to a
regional enforcement compact, the City is also authorized to ticket vehicles from
surrounding jurisdictions with expired decals; the fine for decal violations for
vehicles from surrounding jurisdictions (Section 20-33.2) has not been increased for
some time; the fine should be increased to reflect the same fine imposed for City
decal violations pursuant to Section 20-33.1; and when parking fines were adjusted
in May 2002, the Virginia Western Community College ("VWCC") fine structure was
not properly addressed; therefore, it is proposed to increase parking fines at VWCC
from $15.00 to $20.00, and Virginia Western Community College concurs in the
explained workload in the General District Court.
The Director of Finance recommended that Council amend Sections 20-33.1,
20-33.2 and 20-89 of the Code of the City of Roanoke to:
Increase the number of days for ticket processing prior to
court summons from 15 to 45 and provide for issuance of
a late notice prior to issuance of a law enforcement notice.
Provide that the late payment penalty does not apply until
after 15 days from ticket issuance.
· Provide authority for the City Treasurer to accept partial
payments of parking tickets and late payment charges.
· Specify that a $30.00 administrative fee may be applied to
the total charges pursuant to Section 2-178.4 of the Code
of the City of Roanoke (1979), as amended.
Amend Section 20-89 of the City Code to:
· Eliminate redundant provisions.
· Increase the Virginia Western Community College parking
fines from $15.00 to $20.00.
· Specify that a presumption exists that the registered
owner is the person who committed the violation.
Amend Section 20-33.2 of the City Code to:
· Increase the fine for expired decals for surrounding
jurisdictions to $43.00 to make the fine consistent with
Section 20-33.1 of the City Code.
Mr. Dowe offered the following ordinance:
(#36303-050503) AN ORDINANCE amending and reordaining Section 20-33.1,
Same Requirements; obtaining license plate, tag or decal a condition precedent to
discharge of violation, and Section 20-33.2, Requirements for operation; obtaining
decal a condition precedent to discharge of*violation, of Article II, Vehicle Licenses,
of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979),
as amended, to provide for the increase of fines and change the time within which
to pay such fines, providing for an effective date; and dispensing with the second
reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 220.)
Mr. Dowe moved the adoption of Ordinance No. 36303-050503. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
Mayor Smith .................................................................................................. 7.
NAYS: None ........................................................................................ -0.
Mr. Dowe offered the following ordinance:
(#36304-050503) AN ORDINANCE amending and reordaining Section 20-89,
Penalties For Unlawful Parkin§, of Division 3, Duties of Police Officers, Penalties For
Unlawful Parkincj, of Article IV, Stol313ino. Standin~q and Parkincj, of Chapter 20, Motor
Vehicles and Traffic, to effect amendments to Section 20-89 that govern penalties for
unlawful parking in order to increase the effectiveness and efficiency of collecting
fines for parking violations and to eliminate redundance; providing for an effective
date; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 225.)
Mr. Dowe moved the adoption of Ordinance No. 36304-050503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
MayorSmith .................................................................................................... 7.
NAYS: None ........................................................................................ -8.
CITY CODE-TAXES-FEE COMPENDIUM: The Director of Finance submitted a
written report advising that Section 58.1-3958 of the Code of Virginia, 1950, as
amended, authorizes application of an administrative fee to unpaid taxes and
charges; effective July 1,2003, the fees will be increased by State law to $30.00 and
$35.00; and following notice of delinquent taxes or other delinquent charges and
prior to any judgment, a fee of $30.00 is authorized and subsequent to judgment, a
fee of $35.00 is authorized; currently, the City Code authorizes a fee of $20.00 and
$25.00, respectively, and does not apply to charges other than delinquent taxes;
whereupon, the Director of Finance recommended amendment of Section 2-178.4
of the City Code to provide for an administrative fee for other charges in addition to
the administrative fee for taxes as currently authorized and authorize an increase in
fees as set forth in the Code of Virginia.
Mr. Dowe offered the following ordinance:
(#36305-050503) AN ORDINANCE amending and reordaining Section 2-178.4,
Assessment of Delinquent Taxpayers for Administrative Costs, of Article VIII,
Finance Generally, of Chapter 2, Administration of the Code of the City of Roanoke
(1979), as amended, to provide for the assessment of administrative fees for the
collection of all debts owed to the City where the filing of a warrant or other
documents are necessary to collect such debts; providing for an effective date; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 97, page 230.)
Mr. Dowe moved the adoption of Ordinance No. 36305-050503. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Dowe, Harris, Wyatt, Bestpitch, Carder, Cutler and
MayorSmith ................................................................................................... 7.
NAYS: None ......................................................................................... 0.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND
RESOLUTIONS: NONE.
CONSIDERATION OF ORDINANCES AND
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
ROANOKE CIVIC CENTER-SCHOOLS-PUBLIC WORKS-COUNCIL: Council
Member Wyatt inquired as to the status of a previous inquiry regarding City services
that have been privatized.
She also requested a briefing with regard to the procedure for issuing tickets
for City high school graduation ceremonies to be held in June in the Auditorium at
the Roanoke Civic Center.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
SEWERS AND STORM DRAINS-COMPLAINTS-HOUSING/AUTHORITY: Ms.
Eleanor Kasey, 1520 Shamrock Street, N. W., and Mr. Donald Hussey, 1612
Shamrock Street, N. W., reiterated concerns which were previously presented to
the Council in September 2002 with regard to the placement and the appearance of
a house at the corner of Westside Boulevard and Shamrock Street which was moved
to the neighborhood without prior notice to residents. They expressed further
concern with regard to the potential decrease in property values of surrounding
homes, and called attention to the following issues:
The lawn has not been cut since the house was
moved to its present location in September 2002.
A large hole was dug in the yard for placement of a
septic tank which was left uncovered.
The concrete foundation to the house has not been
filled in.
What action can the City take to expedite
completion of the house; what can be done to keep
the house from being an eye sore to the
neighborhood; are there regulations prohibiting the
parking of heavy equipment in residential
neighborhoods over long periods of time; and in
view of contributions by the City of Roanoke to
Festival in the Park and Grandin Theatre
renovations, etc., what types of City funds are
available for improvements in northwest Roanoke.
How will residents be informed as to issues that
affect their neighborhoods in the future.
There was discussion as to whether the property could be connected to the
public sanitary sewer system, rather than a septic tank; whereupon, the City
Manager advised that since the property owner has already invested in and received
the proper permits for a septic tank system through the Health Department, the City
could not intervene and currently, there is no mandate for a property owner to
participate in the City's sewer system, as opposed to installing a septic system.
COMPLAINTS-TAXES-CITY EMPLOYEES: Mr. Robert Gravely, 3360
Hershberger Road, N. W., addressed issues of accountability and responsibility, Iow
wages for City workers, the average citizen cannot afford to attend social activities
in Roanoke such as Festival in the Park and concerts at the Roanoke Civic Center,
and the increase in water and sewage treatment rates that affect disadvantaged and
elderly citizens.
CITY MANAGER COMMENTS:
CITY CODE-COMPLAINTS-HOUSING/AUTHORITY-SEWERS AND STORM
DRAINS: The City Manager responded to earlier remarks of Ms. Eleanor Kasey and
Mr. Donald Hussey. She called attention to a communication which was presented
to Council at its 9:00 a.m., work session in regard to the house on Shamrock Street,
N.W. in which it was noted that the City does not have mandatory sewer connection
requirements, unless a sewer line is located immediately adjacent to the property;
and the sanitary sewer line for the house in question on Shamrock Street is
approximately 200 feet from the residence. She stated septic systems should not
be permitted in the City of Roanoke and advised that a measure will proposed for
consideration by Council in the near future recommending mandatory sewer
connection requirements, and Council will be provided with information on
associated costs inasmuch as certain areas of the City will require a pump station
in addition to actual extension of the sewer line. She stated that she would provide
residents of the Westside Boulevard area with a copy of the communication and she
would meet with Ms. Kasey to discuss her specific concerns.
In regard to remarks of Ms. Kasey that a hole was dug in the yard on
Shamrock Street for placement of a septic tank and left uncovered for a period of
time, Council Member Bestpitch requested a report on whether the City could
require some type of cover or barricade to be erected in order to prevent accidents.
The City Manager responded that the septic tank permit was issued by the Health
Department, the Health Department is responsible for inspecting the septic system,
and the City had no prior knowledge that a permit had been issued by the Health
Department until the City was contacted by Ms. Kasey. She stated that City staff will
research the question of who has jurisdiction over regulation of the site during the
construction process and advise Council accordingly.
SPECIAL EVENTS: The City Manager called attention to Local Colors which
will be held in the City of Roanoke on Sunday, May 18, 2003, that provides an
opportunity to celebrate the range of diversity that exists in the Roanoke Valley. She
called attention to the numerous cultural/entertainment opportunities that are
available for citizens of Roanoke, and encouraged citizens to support and to
participate in the events.
At 3:55 p.m., the meeting was declared in recess for two Closed Sessions.
At 4:05 p.m., the meeting reconvened in the Council Chamber, Mayor Smith
presiding, and all Members of the Council in attendance, with the exception of
Council Members Carder and Dowe.
COUNCIL: With respect to the Closed Meeting just concluded, Ms. Wyatt
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or conSidered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Wyatt, Bestpitch, Cutler and Mayor Smith--5.
NAYS:None .......................................................................................... ~.
(Council Members Carder and Dowe were absent.)
HUMAN DEVELOPMENT-COMMITTEES: The Mayor advised that there is a
vacancy on the Advisory Board of Human Services, created by the resignation of
Glenn D. Radcliffe, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Vickie L. Price.
There being no further nominations, Ms. Price was appointed as a member
of the Advisory Board of Human Services by the following vote:
FOR MS. PRICE: Council Members Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members Carder and Dowe were absent.)
COMMI'FTEES-FDETC: The Mayor advised that there is a vacancy on the Fifth
District Employment and Training Consortium, created by the resignation of
Glenn D. Radcliffe, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Rolanda B. Russell.
There being no further nominations, Ms. Russell was appointed as a member
of the Fifth District Employment and Training Consortium by the following vote:
FOR MS. RUSSELL: Council Members Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members Carder and Dowe were absent.)
HUMAN DEVELOPMENT.COMMITTEES: The Mayor advised that there is a
vacancy on the Human Services Committee, created by the resignation of Glenn D.
Radcliffe, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Vickie L. Price.
There being no further nominations, Ms. Price was appointed as a member
of the Human Services Committee, for a term ending June 30, 2003, by the following
vote:
FOR MS. PRICE: Council Members Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. 5.
NAYS: None .......................................................................................... -0.
(Council Members Carder and Dowe were absent.)
OATHS OF OFFICE-HUMAN DEVELOPMENT-COMMITTEES: The Mayor
advised that there is a vacancy on the Roanoke Interagency Council, created by the
resignation of Glenn D. Radcliffe, and called for nominations to fill the vacancy.
Mr. Cutler placed in nomination the name of Vickie L. Price.
There being no further nominations, Ms. Price was appointed as a member
of the Roanoke Interagency Council by the following vote:
FOR MS. PRICE: Council Members Harris, Wyatt, Bestpitch, Cutler and
Mayor Smith .................................................................................................. 5.
NAYS: None ........................................................................................ -0.
(Council Members Carder and Dowe were absent.)
At 4:05 p.m., the Mayor declared the Council meeting in recess until 8:30 a.m.,
on Wednesday, May 7, 2003, in the Noel C. Taylor Municipal Building, Room 159,215
Church Avenue, S. W., City of Roanoke, at which time Council will convene in fiscal
year 2003-04 Budget Study.
The Council meeting reconvened on Wednesday, May 7, 2003, at 8:30 a.m., in
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding. The purpose of the meeting
is to engage in discussions regarding the City's fiscal year 2003-04 budget.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith ................................... 5.
COUNCIL MEMBERS ABSENT: William H. Carder and Alfred T. Dowe, Jr.------2.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
OTHERS PRESENT: Troy A. Harmon, Municipal Auditor; George C. Snead, Jr.,
Assistant City Manager for Operations; Rolanda B. Russell, Assistant City Manager
for Community Development; Barry L. Key, Director of Management and Budget; and
Ann H. Shawver, Deputy Director of Finance.
The City Manager presented a ceremonial hat to the Mayor which was
previously presented to her by a delegation from JalaI-Abad, Kyrgystan, located in
the heart of central Asia. She advised that the delegation is participating in
internships though Legacy International, which provides a nationwide training
opportunity for citizen exchange for business managers and entrepreneurs and
other diverse sectors from 11 countries of the former Soviet Union.
BUDGET: The City Manager advised that on Thursday, May 7, 2003, Council
will meet with the Roanoke City School Board, followed by a discussion with the City
Manager and the Fire Chief on the six positions that are recommended to be left
vacant in the Fire/EMS budget for fiscal year 2004, and any other carry over items
from today's budget session. She requested that Mr. Key review adjustments that
are proposed to be made to the proposed fiscal year 2004 budget based upon
additional revenue received from the State and/or items where it has been
determined that expenditure adjustments are needed which, in some respects,
corresponds to revenue adjustments and in other cases are separate from the
budget process.
Mr. Key reviewed the following recommended adjustments to the fiscal year
2004 General Fund budget in which an increase of $83,965.00 is recommended in
revenues in the E911 tax and state revenue changes, several of which have
increased. He advised that while this is a positive change in the budget
development process, the City is still experiencing over $30,000.00 in State revenue
reductions in these areas.
It was explained that funding is not sufficient to restore any positions that
were unfunded in the budgets of Constitutional Officers; and Constitutional Officers
opted to reduce Temporary Wages and operating expenses which can be restored,
but additional funds do not represent sufficient monies to add back any of the
positions that were eliminated from the budgets of Constitutional Officers.
Mr. Key advised that the City will receive a small increase in HB 599 law
enforcement funding which equals less of a reduction in the budget and the
combination of all of those changes is $83,965.00+ on the revenue side; and funding
is recommended to be restored to the Commissioner of the Revenue,
Commonwealths' Attorney and Treasurer budgets, in the amount of approximately
$30,000.00. He stated that for a number of years since creation of the Hotel Roanoke
Conference Center Commission, Virginia Tech and the City of Roanoke have
contributed equal amounts of $125,000.00 each in support of the Conference Center
and the City's share will go down to $100,000.00 in the same matching amount with
Virginia Tech.
In explanation, the City Manager advised that this is the second time in two
years that the Hotel Roanoke Conference Center budget has been reduced, in 2003
the budget was reduced by $25,000.00 and another $25,000.00 is recommended for
fiscal year 2004; on a short term basis over the next several years, reducing the
amount of funds is not problematic, but if the pattern of reducing the budget each
year is continued, in the out years, there will be the challenge of trying to identity
how to fund certain major replacements.
Mr. Key advised that the Roanoke Valley Cable Television budget has been
adjusted by $3,151.00 to match the City's share of the franchise fee.
He called attention to the hanging basket flower program which was
discussed previously by the Council, and explained that the Parks and Recreation
Department made a reduction in its budget to eliminate the City's hanging flower
basket program, although City staffwas not aware of the action. However, he stated
that $24,500.00 has now been restored to the budget to retain the program.
The City Manager explained that in its internal budgeting process, the Parks
and Recreation Department made the decision to eliminate the program without
highlighting the action to budget staff or to the City Manager's Office. She stated
that the department corresponded with appropriate organizations approximately four
months ago and received no response, therefore, the department did not see the
issue as problematic. She explained that when the issue was raised by a Member
of Council, City staff researched the inquiry and discovered that staff of the Parks
and Recreation Department had previously authorized the budget adjustment;
however, funds have now been reinstated in the 2004 budget.
During a discussion of the matter, the City Manager clarified that no artificial
flowers will be used in hanging baskets.
Also, during a discussion by Council, it was noted that Parks and Recreation
staff should be reminded that the decision to continue or to discontinue the hanging
basket flower program is not a decision that should be made by staff; whereupon,
the City Manager advised that the message has been communicated to Parks and
Recreation staff.
The Mayor referred to the City's practice of displaying the United States Flag
on flag polls in the downtown area of the City, which was initiated by the City
following the September 11, 2001 World Trade Center bombing, some of which are
beginning to show signs of wear and tear and need to be replaced.
The City Manager explained that originally, United States flags that were
displayed were ceremonial and were donated to the City by a fraternal organization,
with weather conditions, the flags became tattered and the City initiated a
replacement program, although funds had not previously been budgeted. She
stated that at some point it would be appropriate for the Council to discuss when it
would like to discontinue the practice of flying flags on a daily basis and whether
Council wishes to retain the red, white and blue lights on the Star, or return to the
previous practice of white lights only. She advised that when the President officially
declares the end of the war with Iraq, that occasion could serve as a symbolic time
to make the necessary adjustments.
Discussion by Council:
It is of the utmost importance that United States flags be flown
that are clean, fresh and in good condition.
If the City waits for the President to declare the absolute end to
the war, it could be waiting for a long time; therefore, it might be
more appropriate to develop another criteria for determining
when to return to illuminating the star with white lights
What costs are involved with changing the star back to white
lights?
What is the cost to replace United States flags on an on going
basis?
The amount of funds required to replace flags is insignificant
compared to other items and/or programs that are funded by the
City. The symbolism of the flag is important. The City should
play a leadership role in keeping the symbolism of patriotism in
the forefront which sends a strong message to all citizens and is
well worth the expenditure.
Fewer flags in good condition are better than numerous flags in
poor condition.
The City should look for a time when it can celebrate the
completion of hostilities and return to the white illumination of
the Star so that if and when another dramatic event occurs, the
Star can be displayed with red, white and blue lights.
· How many locations display United States flags?
Private citizens, businesses, and organizations could"adopt a
flag" program, which would help to eliminate some of the
financial burden on the City's budget.
Citizens might expect the City to provide flags in the downtown
Roanoke area because that is the focal point of the City, but
citizens and businesses might prefer to participate in their own
neighborhoods when donating flags.
It would be preferable to look at a "big picture" approach in
regard to the flags and the lighting of the star. The City could
display a limited number of flags on downtown Roanoke streets
and display flags at other locations on special occasions only.
It would be preferable for City staff to submit recommendations.
The City should do something to cause citizens of Roanoke to
understand how fortunate they are to live in the Roanoke Valley
and displaying the United States flag fits into that category.
Flags should be special no matter how they are displayed and
should not blend in with the landscape.
Veterans organizations should be given the first opportunity to
adopt flags in Lee Plaza around the War Memorial.
Flags could be displayed in a special arrangement at the four
corners at each intersection in downtown Roanoke, and on other
special ceremonial days, flags could be flown on downtown
Roanoke streets.
It was the consensus of Council that the City Manager will ensure that current
United States flags on display are in good condition, City staff will provide
information on costs and recommendations with regard to continuing the program
in such a way that it will not be a total City expense, and provide suggestions on
how to expand the program to other parts of the City of Roanoke in addition to the
downtown area.
Mr. Key advised that balancing revenues and expenditures would allow the
City to put another $51,760.00 in the Contingency Fund. He called attention to a
financial goal for the Contingency Fund to reach one-half of per cent of the General
Fund and the additional $51,760.00 brings the Contingency Fund a little closer to
meeting the City's established goal.
The City Manager and the Director of Finance presented a joint written report
advising that retirees of the City of Roanoke Pension Plan are awarded cost of living
adjustments on an ad hoc basis by Council; and the Plan does not include a
provision for an automatic cost of living adjustment due to the significant actuarial
cost and related increase in contribution rates, thus cost-of-living adjustments are
not pre-funded in the Plan, but rather the increased cost is recognized when the
increase has been awarded.
It was advised that facts such as a change in the Consumer Price Index, the
increased cost to the Plan, the amount of raises provided by similar plans within the
state and the amount of increase provided by Social Security are considered as a
part of the recommendation for an annual adjustment.
It was noted that eligible members of the Pension Plan received a 2.6 per cent
cost of living adjustment on July 1, 2002, which is the seventh consecutive cost of
living adjustment provided to eligible retirees, and the recommended budget for
fiscal year 2004 includes a 2.25 per cent increase for active employees; and a
decline in the investment performance of the pension fund over the past two years
has resulted in an increase in the contribution rate for fiscal year 2004 from 6.25 per
cent to 7.59 per cent of payroll, with the additional cost to the General Fund at
approximately $702,000.00.
It was explained that the proposed 1.4 per cent increase to eligible members
of the Plan, effective July 1, 2003, will increase the average annual retirement
allowance by approximately $149.00, costing the Plan an additional $212,213.00
annually; the actual cost of a 1.4 per cent cost of living adjustment is estimated at
$2.0 million to be funded over the next 20 years through the annual payroll
contribution rate which results in an increase of approximately $133,000.00 in annual
contributions to the Plan; the increase applies to those retirees who retired on or
before July I, 2002; approximately 1,422 of 1,492 retirees, or 95 per cent of those
receiving benefits as of April 30, 2003, will be eligible for the increase, which
increase will apply to a member's or surviving spouse's annual retirement
allowance, excluding any incentive payments made under the Voluntary Retirement
Incentive Program established by Ordinance No. 30473-41591 adopted on April 15,
1991, or to the retirement supplement paid according to Section 22.2-61 of the City
Code; and all City operating funds, along with the Roanoke Regional Airport
Commission, School Board, Roanoke Valley Resource Authority, Roanoke Valley
Detention Commission, and the Commonwealth of Virginia, will assume their pro
rata cost for funding the cost of living adjustment.
The City Manager and the Director of Finance recommended adoption of a
measure granting a 1.4 per cent cost of living adjustment for eligible retirees.
The City Manager advised that if one were to compare what the City of
Roanoke provides to its retires, including the health insurance supplement, and
what the City does on a regular basis for cost of living adjustments, Roanoke is
more generous with its retirees than many other retirement systems, public and
private. She stated that the VRS system is strictly a retirement benefit and does not
include a health insurance component which is left up to the discretion of the
individual localities.
Ms. Wyatt referred to the concern of retired teachers who have been
unsuccessful to date in persuading the School Board to provide the $75.00
matching funds for health insurance which is a minimal amount of money and would
allow retired teachers to access State funds to help supplement their health care
costs.
The City Manager responded that two years ago, because of the Council's
expressed concern, the City administration drafted a communication that stated if
the School Board would like to make the benefit available for retired teachers, the
then City Council would consider providing an additional amount of funds for that
express purpose; however, no response was received from the school system. She
advised that last year, the State, along with its myriad of reductions, also passed
back to participating localities the cost that had previously been State funded for
health insurance; therefore, local school boards that had elected to provide the
benefit had to assume an additional cost that had previously been a State cost. She
stated that the matter could be a potential agenda item for discussion by Council
and the School Board at its joint meeting on Thursday, May 7.
The City Manager was requested to clarify a statement which was made by
a speaker at the May 1,2003 public hearing on the proposed 2004 fiscal year budget
that exceptional pay programs for certain segments of the City organization are
becoming too common.
Mr. Key explained that Council approves certain initiatives each year in the
Pay Plan Ordinance, such as the Career Enhancement Program in the Police
Department, and incentives for Fire/EMS for different levels of emergency medical
services classes and certifications, etc. He stated that major
restructuring/reclassification of labor and trades jobs classifications and the
Community Policing Specialist designation program are new programs proposed for
implementation in fiscal year 2004.
The City Manager called attention to a provision, which has been an ongoing
part of the City's pay and classification ordinance, that allows for payment for
meritorious performance in the form of up to a maximum of five per cent of salary
as a one time adjustment that can be awarded in a lump sum payment or
incorporated into pay, which would fall into the category of an individual receiving
a benefit versus an entire class, and can only be awarded by the City Manager. She
advised that during her tenure as City Manager, the one time bonus option has been
encouraged, as opposed to incorporating an increase as a permanent part of salary.
There was discussion in regard to conducting public hearings at an earlier
time in the budget development process in which it was stated that this is an option
that can be pursued if Council so desires, and Council's Budget and Planning
Committee may want to discuss the option at a future meeting. It was noted from
staff's perspective that it would be helpful for the Budget and Planning Committee
to determine what it would like for the outcome of such a public hearing to be, and
how the outcome would be used to benefit the overall budget development process;
another issue is that of timing since Council usually holds its Financial Planning
Session in March of each year, therefore, the public hearing should be held far
enough in advance of the session to allow staff adequate time to process the results
of the public hearing for consideration by Council. Another timing consideration is
the "normal" release of the Governor's State budget recommendation in December,
therefore, the public hearing should be held afterwards to allow agencies funded
through the State budget to determine the impact on their operations.
Council Members Wyatt and Bestpitch lended their support to the above
suggestion by the City administration. It was also suggested that the budget public
hearing could be held on a third Monday at 7:00 p.m., which meetings are routinely
devoted to public hearings.
The City Manager advised that the Law Library expenditure budget is
determined by the amount of fees collected in support of its operation; the Code of
Virginia, Section 42.1.70, allows local governments to assess a fee of $4.00 per civil
action or suit filed in local courts in support of law library operations and Roanoke
has collected this fee amount since it was last increased in 1988; the fee is expected
to generate approximately $120,000.00 in fiscal year 2004 and a $119,271.00
expenditure budget is recommended; Roanoke's Law Library will close on
Thursdays, effective July 1, 2003, as a cost reduction measure; this is yet another
local service reduction made necessary by the State's decisions to reduce aid to
localities and not give localities local flexibility to generate revenues needed to
provide adequate services; and the main library budget has been reduced also in the
amount of $35,844.00 because of State aid reductions, necessitating a reduction in
operating hours.
The City Manager explained that the Roanoke Bar Association has agreed to
contribute an additional $3,500.00 annually to offset the cost of specific services
provided by the Law Library for its members; until recently, Roanoke Bar
Association members had after-hours access to the Law Library with personal keys,
however, this practice has been discontinued with heightened building security
measures that were recently implemented.
It was explained that it is recognized that the current fee structure does not
adequately provide for necessary staffing and materials for law libraries across the
State, not just in Roanoke, and recent attempts to have the fee level increased by the
General Assembly have been unsuccessful; localities plan to lobby the fiscal year
2004 General Assembly for an increase in the fee from $4.00 up to $6.00, which
would generate an additional $50,000.00 to $60,060.00 in funding for Roanoke's Law
Library; and this may be an issue that the Council would want to include in its 2004
Legislative Agenda package.
Mr. Bestpitch expressed concern with regard to maintaining the collection of
materials in the Law Library because in the long run it could cost more to rebuild the
collection. He stated that the matter should be considered in the perspective of what
needs to be done over the next few years to get the library plan completed, and a
better way to address the law library over the long term should be included in the
overall library study.
The Director of Finance called attention to an existing agreement which
provides that the City and the Law Library would share 50/50 on any shortfalls in the
operating budget; whereupon, the City Manager was requested to review the
document and report back to Council accordingly.
The City Manager advised that there is a belief by the Roanoke Bar
Association that the collection should be more accessible to the public; there is a
difference of opinion between the City's Library Director and representatives of the
Roanoke Bar Association as to the impact, if any, that a reduction in available funds
will have on the Law Library; and City staff has recommended dealing with the issue
through a reduction in operating hours of the Law Library and a long term solution
is needed with regard to location of the Law Library. She stated that the Roanoke
Bar Association is aware of the contractual responsibility to come up with one half
of the short fall, but has stated that it will make $3,500.00 available. She advised that
there will be an effort to contact Bar Associations in neighboring jurisdictions that
also use the City's Law Library to determine if they are willing to make a
contribution. She stated that the amount of funds is not the issue, but the principle
inasmuch as the City passed on to the public library, which serves a significantly
larger population than the Law Library, the State cut for state aid to public libraries,
and in order to accommodate the decrease in funds, the City has reduced library
operating hours. She advised that when the Law Library receives the unintended
consequence of fewer filings and therefore less money, it is believed in the spirit of
the previous direction by Council, that staff should find a way to meet the reduction,
and the solution is a recommendation for a reduction in hours.
There was discussion with regard to Local Colors and its association with
Event Zone. Question was raised as to the funding source for the salary of the Local
Colors Coordinator; whereupon, the City Manager advised that the City has not
contributed local dollars to Local Colors, other than inkind support; and funds are
included within the Event Zone contract for grants to organizations to develop
festivals and to fund staff positions.
The Mayor referred to action taken by the Budget and Planning Committee in
reducing the amount of funds expended by the Mayor's Office for speech writing
purposes. He advised that it was unclear as to whether the reductions applies to the
fiscal year 2004 budget year, or if the reduction was effective on the date that the
motion was adopted by the Budget and Planning Committee. The City Attorney
advised that he would research the minutes and advise Council accordingly.
Ms. Wyatt requested that the City Manager review the current policy for
access to the Noel C. Taylor Municipal Building in order to make the building more
user friendly to citizens and staff. She stated that requiring persons to access the
building by using the second floor main entrance only presents a hardship for some
persons.
The City Manager advised that the City should not return to the way the
Municipal Building was accessed prior to Homeland Initiatives and, in fact, the
number of access points should be minimized in the future. She stated that she
knew of no Municipal Building that has the number of public access points as
Roanoke City that were unmonitored prior to staff giving severe scrutiny to the
access points. She explained that the building must be handicapped accessible,
and currently the only access point is one door on the first floor, however, staff is
reviewing options to provide for handicapped accessibility at another location, in
addition to a keyless system for the front door. She called attention to repeated
complaints by City employees about the lack of security in the Municipal Building,
and as soon as security measures were instituted, complaints were received about
the inconvenience.
It was the consensus of Council to hold in abeyance the discussion regarding
positions in the Fire/EMS Department until Thursday, May 8, following the joint
meeting of Council and the School Board.
At 10:25 a.m., the meeting was declared in recess until 8:30 a.m., on Thursday,
May 8, 2003.
The Council meeting reconvened at 8:30 a.m., on Thursday, May 8, 2003, in
Room 159, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith and School Board Chair Gloria P.
Manns presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
C. Nelson Harris, Linda F. Wyatt (arrived at 8:45 a.m.) and Mayor Ralph K. Smith ..... 5.
COUNCIL MEMBERS ABSENT: William H. Carder and Alfred T. Dowe, Jr.----2.
SCHOOL TRUSTEES PRESENT: F. B. Webster Day, Marsha W. Ellison,
Melinda J. Payne, Robert J. Sparrow, Ruth C. Willson and Gloria P. Manns, Chair--6.
SCHOOL TRUSTEE ABSENT: William H. Lindsey ...................................... 1.
OTHERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth,
City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; Richard
L. Kelley, Deputy Clerk, Roanoke City School Board; Rita Bishop, Associate
Superintendent of Instruction, Roanoke City Schools; and Cindy Lee, Clerk Roanoke
City School Board.
BUDGET-SCHOOLS: Chairperson Manns extended the regrets of
Superintendent Harris who was on vacation and Mr. Lindsey who was out of the City.
She called on Assistant Superintendent Richard Kelley to present highlights of the
fiscal year 2004 School budget.
Mr. Kelley called attention to discussions by the School Board with regard to
the overall purpose of the School Board, which is to educate all children of the City
of Roanoke in order to become productive citizens, to discover the wealth within all
children, and to assist all children in realizing their full potential. He stated that out
of that venue, the School Board discussed which programs and activities are
important; and how to go about achieving the School Board's purpose which is to
provide quality staff, to implement programs to develop the talents of all children,
and to ensure that facilities are safe, clean and modern. He advised that preliminary
budget discussions addressed the question of how the School Board should
allocate available resources to achieve its purposes; i.e.: to examine priorities and
available funds, to determine the best use of available funds, and to eliminate or
reduce programs not directly contributing to the purpose of the School Board. He
reviewed charts of General Fund City revenue changes from fiscal year 2001 to 2004,
State revenue changes from fiscal year 2001 to 2004, General and Food Service
Funds from fiscal year 2001 to 2004, enrollment from fiscal year 1995 to 2004, and
employee salaries from 1995 to 2003. In terms of maintenance of services, he stated
that there is a net projected increase of $2,641,642.00 for fiscal year 2003-04, and
cost reductions of $1,711,026.00, for a total increase of $930,616.00; and most of the
increase is due to employee health insurance at $1.95 million, special education/Ell
costs at $165,000.00, school technology systems costs at $89,000.00, City retirement
at $75,000.00, maintenance of student records at $47,500.00, school checking
service charges at $30,000.00, property and casualty insurance premiums at
$25,000.00, and the food service fund at $210,000.00
Mr. Kelley reviewed the following cost reductions:
Personnel. ($867,000.00)
Personnel lapse in salaries and positions. ($574,000.00)
Administrative staff 2.4 fte - ($125,000.00)
Teacher extended contracts 3.75 fte - ($168,000.00)
Programs - ($255,000.00)
Local match Blue Ridge Technical Academy. ($50,000.00)
Local match Noel Taylor - ($28,000.00)
Magnet theme programs - ($39,000.00)
Truancy program match due to loss of State funds - ($40,000.00)
Tuition for Governor's School and Minnick Center ($98,000.00)
Funding restored for $100,000.00 of original reduction of $150,000.00
Operating costs - ($445,000.00)
Department supplies and postage - ($43,000.00)
Utilities and purchased services - ($324,000.00)
Professional development - ($78,000.00)
Other costs - ($141,000.00)
New textbook adoptions - ($99,000.00)
Equipment replacement. ($42,000.00)
Debt service - ($84,000.00)
Current debt service - ($141,000.00)
New debt service - ($57,000.00)
He advised that budget proposals include Employee Salary Raises of 5.4 per
cent totaling $3.6 million, Principals' Salary Upgrade (Phase 2) totaling $118,500.00,
High School Debt Service Reserve totaling $350,000.00, Ruffner After School
Program totaling $70,000.00, Teacher Substitute Pay totaling $197,000.00, High
School Seventh Period Day totaling $1.05 million, and Summer School Salary Raise
totalling $165,000.00. He reviewed the revenue summary update as of April 17, 2003,
as follows:
Total Revenue Change - $3.78 million
State - $1.19 million
City. $2.17 million
Federal/Other - $80,000.00
Food Services - $336,000.00
Mr. Kelley was requested to provide an update on funding for a health
insurance supplement for retired teachers; whereupon, he called attention to a
program in which the State provides funds for health insurance premiums,
regardless of what the locality does, the locality has an option of also participating
and the Iocality's participation means that the retiree would get an extra $900.00 per
year toward the health insurance premium to match the State's approximately
$900.00 per year. He advised that it was estimated last year that it would cost the
Roanoke City school system approximately $228,000.00, and the School Board made
the decision not to fund the program, and funds were not included in the 2004
budget due to budget constraints. He stated that the cost continues to escalate and
it is estimated that it would cost approximately $230,000.00 - $235,000.00 to
participate in the State option.
There was discussion in regard to how the City of Roanoke compares with
other localities in the Roanoke Valley in terms of teacher salaries; whereupon, Mr.
Kelley advised that Roanoke City is higher than Roanoke County by about $200.00 -
$300.00 per year, the City of Roanoke begins to fall behind Roanoke County in the
middle of the salary scale around year ten, and in year 15, Roanoke City begins to
advance beyond Roanoke County. He stated that for senior teachers with more than
20 years of experience, Roanoke City is significantly above Roanoke County;
Roanoke City is above Franklin County in the beginning salary, although the senior
salary is higher in Franklin County; and Botetourt County has almost caught up with
the City of Roanoke and surpasses the City in some areas. In terms of the overall
competitive situation, he advised that with the 2004 budget, Roanoke City will be
able to catch up somewhat, but there are still areas of inconsistencies.
There was discussion in regard to teacher morale in which is was pointed out
that the pay structure is part of the reason for the employee turn over rate, and other
issues enter into the question which may be specific to some teachers but not to all
teachers.
There was further discussion in regard to the cleanliness of rest rooms in
some schools, the lack of paper towels, no indication that hands are washed after
using rest room facilities, and toilets that are not flushed. It was stated that if the
school system is concerned with the well being of Roanoke's children, cleanliness
of facilities should be a paramount issue.
In response, Mr. Kelley advised that he would investigate specific situations
and talk with school principals and custodial supervisors. He called attention to
major efforts over the past several years to keep high school rest rooms in better
condition which has involved substantial sums of money.
Concern was also expressed in regard to the cleanliness of the Auditorium
at Patrick Henry High School, and school custodians who were not always in
attendance to oversee scheduled events.
Mr. Kelley reviewed final budget recommendations dated April 17, 2003 in the
General and Food Services Funds Budget, as follows:
Total Revenue Increase totalling $3.78 million
Maintenance of Services totalling $930,500.00
Average Salary Raise of 3.05 per cent for
Teachers/Administrators and 3.25 per cent for Classified
Employees totalling $2.1 Million
Upgrade of Principals' Pay totalling $118,500.00
Debt Service Reserve totalling $350,000.,00
Ruffner After School Program totalling $70,000.00
Teacher Substitute Pay Increase totalling $197,000.00
Other Initiatives totalling $48,000.00
Mr. Kelley presented a briefing on the Patrick Henry High School construction
project which started in 2000-01, at which time the long range planning committee
developed a high school program curriculum; using the curriculum, a high school
facility study was prepared by Richard Rife and Associates which consisted of six
subcommittees; i.e.: academics, fine arts, community use, athletics, school plant
and auditorium; and a series of 'meetings were conducted over nine months and
attended by approximatlely 125 community and school representatives. He advised
that the long range planning committee met and reviewed concepts from August
2001 March 2002 of high schoOl plans, options for high schools, and
recommendations to the architect on how the high schools should be structured for
the 21't century. He called attention to an approved facility study for both high
schools; and the community has expressed a desire for a new facility image that
would be open and inviting to the public in a single building, with the facility to be
organized into a smaller starting community of 500 - 600 students. He advised that
input from the community centered around greater community use such as a media
center, adult career development, arts and athletic facilities and a full range of
technology and flexibility. He explained that the recommendations apply to both
Patrick Henry and William Fleming High Schools; the facilities study recommended
that all present buildings be replaced, except Gibboney Hall; a new building under
one roof will be constructed with a capacity for 1,600+ students; and the building
has a library, fine arts, cafeteria, and gymnasium under the same roof, athletic
fields and a track.
He stated that the facility will be constructed in four phases, and presented
slides of Phase I - classroom building, cafeteria, and library; Phase 2 - arts facility;
Phase 3 - gymnasium; and Phase 4 - final athletic fields and parking build out.
In regard to a time line, Mr. Kelley advised that design plans will be developed
in March 2004, the project will be bid in April 2004, projects will be awarded in May
2004, construction will commence in June 2004, building construction will be
completed in December 2005 and athletic fields and grounds will be completed in
June 2006.
The following budget break down was provided for the Patrick Henry High
School project:
Total budget = $38 Million
Architect & Engineering Fees = $2.75 Million
Construction Cost -- $32.25 Million
Furniture and Equipment = $3.0 Million
Project Funding
City Share = $19 Million (City bonds)
School Share = $19 Million (Literary Fund/VPSA bonds)
With regard to the provision of health care services to students, the City
Manager pointed out that the school setting is an ideal location and plans for Patrick
Henry High School call for additional space to be available for health services as the
opportunity becomes available for those kinds of services in the future. She advised
that as buildings are planned for the future, staffwill be looking at ways to do things
better.
Upon question, Mr. Kelley advised that the track facility will be designed to
meet standards for athletic competition; however, there will be certain budget
constraints; and exterior design of the two high school buildings will include an
identifiable front entrance that will be architecturally appealing and inviting.
There was discussion with regard to enhanced security; whereupon, Mr.
Kelley explained that with all facilities under one roof, security cameras will be
equipped with the latest in technology, and it will be easier to identify those persons
who should not be on the school campus; landscaping will be provided within
budgetary limitations; the school system will meet the requirements of the City
Engineer in regard to storm water management; and the project is tied into the
greenway around Raleigh Court Elementary School.
In terms of security, there was discussion with regard to reducing the number
of school resource officers in two or two and one-half years, rather than in fiscal
year 2004; whereupon, Mr. Kelley advised that the Superintendent is currently
working on a study in conjuction with the Chief of Police in regard to the need for
school resource officers at Patrick Henry High School, and it is expected that they
will reach an agreement by June 2003, provide a recommendation to the School
Board, and if a third resource officer is warranted, the officer will be in place for the
next school year. He stated that whether or not the resource officers will continue
to serve after construction of the school building is completed will be determined
at that time.
In regard to financing for Patrick Henry High School, the Director of Finance
advised that in the near future, Council will be requested to schedule the required
public hearing to authorize issuance of debt, and even though construction will not
start until 2004, it will be necessary to appropriate anticipated bond proceeds.
Rita Bishop, Associate Superintendent of Instruction, presented a briefing on
Career and Technical Education (Vocational Education) and an update on the Blue
Ridge Technical Academy.
Mr. Bestpitch suggested that Council and the School Board engage in a
discussion relative to the philosophy of vocational/technical education, as opposed
to a review of the document that was forwarded to Council for review several days
ago.
Following discussion, it was the consensus of Council and the School Board
that Ms. Bishop would present the briefing, to be followed by a discussion on
philosophy.
Ms. Bishop advised that Career and Technical Education must be updated to
reflect the market place and market place needs. She stated that the philosophy of
Roanoke City Schools is that most, if not all students, can benefit in career and
technical education; the school district has to do everything possible to create and
sustain viable offerings; and the school district needs to increase its enrollment in
career and technical education. She stated that the Noel C. Taylor Learning Center
is an important part of Roanoke's school system in addressing the needs of those
students having behavioral difficulties and other kinds of problems.
There was discussion as to how the time of the Principal can be divided
between the Noel C. Taylor Learning Center and the Blue Ridge Technical Academy
and still be able to give both programs the kind of attention that is necessary; and
how can the assignment of one person as Principal to both facilities support
Roanoke's philosophy of education.
Ms. Bishop responded that the Planning Director at Noel C. Taylor Learning
Academy also served as Principal at Blue Ridge Technical Academy the preceding
year, a new assistant to the Planning Director has been assigned to Blue Ridge
Technical Academy, therefore, full time leadership is provided at Blue Ridge
Technical Academy. She advised that she would share the concerns of Council
with the Superintendent of Schools; however, at this point, in terms of enrollment
numbers and given the Planning Director's past experience at Blue Ridge Technical
Academy, it is important that there be directional continuity.
It was suggested that there should be a connectivity with the work place and
that partnerships should be developed within the business community to determine
their needs and to design a curriculum that ensures that students will have jobs
upon graduation.
During the discussion, it was noted that the City of Roanoke is one of only two
school districts in the entire Commonwealth of Virginia that does not have a
seventh period day.
Ms. Bishop reviewed program enrollment data for the period 2001-2004,
including courses in Business Education and Marketing, Health Occupations, Work
and Family Studies, Technology Education, and Trades - Industrial, showing a total
of 3,038 students in 2001-02, 2,880 students in 2002-03 and 2,910 projected
enrollment in 2003-04; and Certification data in connection with the Aeronautics
program for the period 1999-2002, showing that 23 students received their Pilot's
Designation and ten students received their Private Pilot's License. She also
reviewed data on the Occupational Certification Program, including the Auto
Mechanics program, Automotive Service Excellence Exam (ASE) and Automotive
Service Excellence Certification; and for the period 2000-01, two students prepared
to take the exam, in 2001-02 two students passed the first part of the exam, and in
2002-03 six students will receive their Automotive Career Studies Certificate; and the
Cosmetology Program and Virginia Hairdresser License Program showing that in
2000-01 six students prepared to take the exam, in 2001-02 two students took the
exam, and in 2002-03 six students prepared to take the exam. She called attention
to the Health Careers program and First Responder Certification (EMT) program, and
advised that the new program was approved in 2001-02 and in 2002-03 students will
be prepared to take the exam; and the Metal Working Technology program and the
American Welding Certification, showing that two students were certified in 1999-
2000, two students passed the exam in 2000-01 and two students will be prepared
to take the exam in 2001-02.
Ms. Bishop advised that new course directions will consist of sports,
entertainment and recreation marketing, virtual enterprise and criminal justice; next
steps to be taken in the program include the development of community
partnerships, more teachers will be encouraged to participate in workshops and
internship programs, continue to increase dual enrollment, development of new
occupational certification programs such as microsoft office specialist in 2003-04
and AutoCAD to follow, explore additional avenues for school-to-work transition,
enhance programs through purchase of new equipment using Federal funds, and
address the needs of special population students in cooperation with special
education personnel.
She stated that the Blue Ridge Technical Academy is a specialized charter
school offering academics, workplace training and partnerships and technology;
and called attention to curricula being developed with Johnson and Johnson as a
primary partner, the Roanoke Higher EdUcation Center, Virginia Western Community
College and associate partners, and Carilion Health Systems, Carilion Bio-Medical
Institute and the College of Health Sciences as potential partners. She stated that
the goal is to provide students with exposure to health careers, employability skills
through problem solving and teamwork, a technology enriched curriculum, ongoing
teacher professional development and work-based learning opportunities.
With regard to current enrollment in technology in the workplace, Ms. Bishop
advised that there are 22 10th and 11th graders and 23 GED (ages 16 - 18);
Informational technology, multimedia desktop publishing, dual enrollment and
microsoft career studies include 22 10th and 11th graders and 23 GED (ages 16- 18)
enrolled in the program; and Career Pathways include 22 10th and 11th graders and
23 GED (ages 16-18) enrolled in the program.
The Mayor invited comments with regard to the relationship between Council
and the School Board; whereupon, it was the consensus of Council that the topic
could be included on the agenda for a future Council/School Board retreat.
There being no further business to be discussed with the School Board, at
9:50 a.m., the Mayor declared a brief recess.
The Council meeting reconvened at 10:00 a.m. with Mayor Smith presiding,
and all Members of the Council in attendance, with the exception of Council
Members Carder and Dowe.
In response to a remark by Council Member Wyatt with regard to the
possibility of identifying $500,000.00 for a seventh period day for Roanoke City
Public Schools, the City Manager advised that the estimate which was provided to
the schools in December was approximately $400,000.00 less than the final number
and the school administration has been informed of an additional $400,000.00 that
will be made available to the school system based on the funding formula
distribution to be used at whatever level the school system deems appropriate. She
stated that the school system has chosen to allocate the $400,000.00 to other
priorities, and previous City Councils have been committed to maintaining
compliance with the formula for distributing funds between the City and the
Schools.
BUDGET: The City Manager referred to a recommendation to hold vacant for
fiscal year 2004 six fire fighter positions, and requested that the Fire Chief respond
to questions by Council and provide a brief overview of the rationale behind the
recommendation. In clarification, the City Manager advised that this is a different
recommendation from the recommendation that was submitted last year in which it
was proposed to eliminate positions from the budget, to which there was a
modification of the recommendation by Council. She stated that the
recommendation for fiscal year 2004 is not to eliminate positions, or to remove
positions from the budget, but to not budget for the funding of six positions for 12
months which will provide an additional $245,000.00 to help balance the fiscal year
2004 budget. She advised that neither the City Manager or the Fire Chief would
make a recommendation to City Council that they believe would, in any way,
endanger the lives of citizens of the community. She assured Council that the
recommendation received considerable discussion, several additional positions
above and beyond the six that are proposed, could have been recommended to be
left unfunded, but it was believed that six positions was a reasonable number in view
of the budget reductions that are being required elsewhere throughout the City
organization. She advised that the needs of the City of Roanoke and its citizens can
be adequately addressed through the level of funding that is recommended in the
2004 budget for the Fire Department.
At 12:00 noon, the meeting was declared in recess for lunch.
At 1:00 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor
Municipal Building, with Mayor Smith presiding, and all Members of the Council in
attendance, with the exception of Council Members Carder and Dowe.
Chief Grigsby presented an overview of current staffing in the Fire-EMS
Department. He advised that currently, on a daily basis, a fire staffof 67 persons are
on duty; and inventory consists of 12 engines, four aerial ladders, and seven medic
units plus command units, in Clearbrook. He stated that for each staffing position,
3.65 full time employees equivalent personnel must be maintained, which means that
every staff person would work 100 shifts per year, and 245 employees must be
maintained in order to keep the 67 persons on duty at all times. In the operations,-
division, he advised that there are 255 fte (full time employee) allocated positions
which provides the required ten fte allocated positions. He explained that the
proposal under consideration takes six of those ten positions, and leaves the
positions unfunded for one year. He explained that in December, 2002, all vacancies
were filled, but as of May 1, 2003, there were 14 vacancies in the Fire/EMS division.
He advised that other options were considered; however, the City Manager's
directive was to provide for a significant review of the budget, with no reduction in
service, while maintaining 67 persons on duty each day.
Mr. Bestpitch expressed concern that the staffing level was at 255 in
December and currently there are 14 vacant positions which have occurred in a
short period of time; therefore, the number could easily dip below the 245 fte which
should be the minimum. He stated that if six more positions are unfunded, there
could be instances when 245 full time employees are not on staff for various reasons
such as leave time, military duty, etc.
Chief Grigsby advised that in 1996, approximately 40 employees of the
Fire/EMS department had 30 yea rs of service which was a high senior employee rate,
and the average seniority at that time was 17 years; over the last four to five years,
the numbers have dropped and currently three employees have over 30 years of
service and approximately 21 employees have over 22 years of service; therefore,
the high fluctuation cycle will start to stabilize with a more normal attrition rate of
four to five per cent per year. He advised that the average tenure currently is 12
years, as opposed 17 years, which equals less leave time being generated.
Ms. Wyatt expressed concern with regard to the number of fire fighters who
are required to work their own shift, and then held over to work another 24 hours,
which means that the firefighter has worked a continuous total of 72 hours without
a break.
Chief Grigsby advised that normally, holder overs are on the basis of a one
to two hour time frame which fluctuates due to the overtime cycle, the winter
season, the period between Thanksgiving, Christmas and after New Years holidays.
He stated that the department is currently experiencing a high vacation time with as
many as ten employees off every day as they use earned vacation leave before the
end of the fiscal year, as well as those employees in training, sick leave and military
leave, etc. He advised that he could not think of an instance when a fire fighter was
held over on a mandatory basis for 24 hours, although there might have been
instances when it has occurred, and fire fighters have the option to volunteer to
work another 24 hour shift. He responded to a question with regard to a fire
company being out of service due to lack of staffing, and advised that on a regular
basis, staff will engage in training functions; however, the established standard
provides that the unit is not more than three minutes out of service at any given time
and can be called upon whenever there is a major fire. He stated that a company
could be out of service for mechanical problems, or because medic units are enroute
to a hospital, or obtaining supplies, etc.
The Mayor advised that Roanoke is a City of approximately 95,000 persons
which equals one fire fighter on duty at all times for each 1400 citizens, and noted
that the City of Hampton has one fire fighter for each 2800 citizens, the City of
Norfolk has one fire fighter for each 2100 citizens and the City of Newport News has
one fire fighter for each 2200 citizens. He inquired as to why the number is higher
in the City of Roanoke with one firefighter per each 1400 citizens. Chief Grigsby
called attention to historical data and advised that four years ago, the City of
Roanoke had 14 fire stations as opposed to 13 today; 67 daily full time employees
is a high number and provides a tremendous level of service to the community, and
the City of Roanoke is heavier staffed on a per capita basis than many other
communities in the Commonwealth of Virginia. He stated that Roanoke is not any
more or any less at risk than other communities in Virginia; Roanoke is an inner city
with housing that dates back to the late 1800's and early 1900's, Roanoke has as
ageing population base with more nursing homes coming on line, all of which are
major concerns, however, many of those same conditions exist in other Virginia
communities. He advised that the City Manager's recommendation will not impact
the City's ISO rating.
Mr. Cutler inquired about the attitude of staff with regard to working overtime;
whereupon, Chief Grigsby advised that for the most part, overtime is considered to
be an extra perk since most of the fire staff have part time jobs and they can earn
more money through City overtime pay; therefore, to a certain extent, overtime is
considered to be a benefit. He stated that regular over time for the year totals
$130,000.00 and FALSA totals $135,000.00.
Chief Grigsby advised that in 2002, the Fire/EMS division responded to 17,395
medical calls, with approximately 10,000 requiring transportation, and of those
10,000 incidents, 33 occasions required that services be diverted to another fire
company.
Vice-Mayor Harris requested clarification as to the difference in eliminating
six positions and unfunding six positions; whereupon, the City Manager advised that
if one were to compare the current years' budget and the proposed budget in regard
to the number of positions in the fire department, the number remains unchanged,
and if elimination of a position was proposed, there would be a difference in the two
numbers. With reference to a number of positions in the City's budget, she advised
that staff chose to recommend elimination of positions in those instances where it
was convinced that on an ongoing basis, the City could operate without the
positions; and there was another group that included the six positions in the Fire
Department in which it is recommended that the six positions would be left vacant
and the salaries would not be budgeted in the Fire Department's budget. She stated
that if there is an unusual situation and there is a need to immediately fill the six
positions, authorization by Council would be requested and it would then be up to
the City Manager to identify the necessary funds for the positions. She advised that
neither the Fire Chief or the City Manager would make a recommendation to Council
that would jeopardize the safety of Roanoke's citizens.
Vice-Mayor Harris inquired if this is an initial step to ultimately eliminate the
positions; whereupon, the City Manager responded that she could not make six a
prediction because she did not know what the year will show; however, that was not
her intent as she submitted the recommendation to Council.
Mr. Bestpitch advised that his first priority as a Member of Council is to
ensure that the City has the available minimum staffing to operate fire equipment,
which is 245 full time employees; another priority is to improve coverage in areas
of the City where the minimum response time is four minutes or less; a third priority
is to continue to look at opportunities to partner with Roanoke County, ultimately
leading to the development of a single Fire/EMS Department to serve both Roanoke
City and Roanoke County; and last is to eliminate the friction of a volunteer service
for REMS (Roanoke Emergency Medical Services), which does not fit in the 21st
century in an urban center like the City of Roanoke. He stated that the City does not
have, nor does it have the probability of having,, the capacity to recruit enough
volunteers to provide staff for REMS, but the City continue to have part time
positions to ensure that units are staffed, without professionalizing the positions
and making them a part of the City's Fire/EMS Department. He advised that
unfunding the six positions will not support his priorities for Roanoke's Fire/EMS
division.
The Mayor advised that Roanoke currently provides one fire fighter for each
1400 citizens; however, no assurance can be given that with six additional
firefighters or 16 additional firefighters, there will not be another fire in the City of
Roanoke. He spoke to the amount of funds budgeted by the City of Roanoke per
capita for fire/emergency medical services compared to other Virginia localities;
currently, it is not possible to reach all homes in the City of Roanoke within a four
minute response time; the City of Roanoke has as many fire stations as are
practical; Council should be concerned about the welfare of Roanoke's citizens
whose tax dollars are used to fund services provided by the City; and he has heard
no comments about how Roanoke's citizens can survive in view of proposed
expenditures by City government.
The Mayor invited Council to direct management.
Mr. Bestpitch moved that the six fire fighter positions be funded in the fiscal
year 2004 budget. The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Bestpitch, Harris, and Wyatt ............................... 3.
NAYS: Council Member Cutler and Mayor Smith ................................... 2.
(Council Members Carder and Dowe were absent.)
In funding the six fire fighter positions in the fiscal year 2004 budget, Ms.
Wyatt suggested that the City administration look at services/programs, etc., as
opposed to employees, which could create a morale problem.
Pursuant to discussion by Council on Wednesday May 7, the City Manager
reported on the status of the Law Library budget. She referred to previous
discussions with regard to an agreement dating back to the late 1970's which
provides that any expenses in excess of the fees collected would be borne on a
50~50 basis between the City of Roanoke and the Roanoke Bar Association. She
also referred to a subsequent agreement in 1999 which provides that the Bar
Association will attempt to support, but does not have a requirement for a 50~50
match in excess of any collected revenues. She stated that the Director of Library
Services advises that in order to balance the 2004 fiscal year budget, there is a need
to decrease the amount budgeted for publications which might be harmful to the
overall Law Library collection, but would not adversely affect the core library
collection. She advised that the Law Library has requested funding from the
Roanoke Bar Association since the 1990's, but to date has not received financial
support; the Roanoke Bar Association voted to make a $3,000.00 contribution to the
Law Library for items such as telephone lines, West Law on line, and data base
which are items that the Bar Association would like to be covered by the Law Library
and does not represent new money to address the deficit.
In summary, the City Manager stated that it is anticipated that there will be a
loss in filings, and therefore a reduced budget for the Law Library; there will be an
on going effort to determine which publications should not be renewed; shorter
operating hours are recommended to cover the balance of the Law Library deficit;
and the Library Director continues to indicate that the reduction will not have a
harmful impact on the core collection of the Law Library.
There being no further business, the Mayor declared the meeting adjourned
at 2:40 p.m.
APPROVED
ATTEST:
Mary F. Parker Ralph K. Smith
City Clerk 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
June 16, 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
N:\cksml~Agenda.03\Closed Session on Vacancies.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.roanok¢.va.us
June 23,2003
File #110-178
STEPHAN1E M. MOON
Deputy City Clerk
SHEII~ N. HARTMAN
Assistant City Clerk
The Honorable Beverly T. Fitzpatrick, Jr.
10 27th Street, S. E.
Roanoke, Virginia 24014
Dear Mr. Fitzpatrick:
Your communication tendering your resignation as a member of the Roanoke
Redevelopment and Housing Authority, effective May 19, 2003, was before the Council of
the City of Roanoke at a regular meeting which was held on Monday, June 16, 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 Roanoke Redevelopment and
Housing Authority from May 6, 2002 to May 19, 2003. Please find enclosed a Certificate
of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by
the Mayor on behalf of the Members of the Roanoke City Council.
Sincerely,
Mary F. Park~e~,
City Clerk
MFP:mh
Enclosure
pc:
John P. Baker, Secretary, Roanoke Redevelopment and Housing Authority, 2624
Salem Turnpike, N. W., Roanoke, Virginia 24017
Stephanie M. Moon, Deputy City Clerk
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Murdcipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpauick, Jr.
C. Nelson Harris
Linda E Wyatt
June 12, 2003
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
This to tender my resignation as a Commissioner of the Roanoke Redevelopment and
Housing Authority, effective May 19, 2003.
appreciate the honor that was afforded to me to serve in this capacity since May 6, 2002.
Sincerely,
Beverly T. Fitzpatrick, Jr. ~
Council Member
BTFjr:sm
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
June 23,2003
File #110-304
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. F. B. Webster Day
1365 Hidden View Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Day:
Your resignation as a member of the Youth Services Citizen Board, effective immediately,
was before the Council of the City of Roanoke at a regular meeting which was held on
Monday, June 16, 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 Youth Services Citizen Board
from October 16, 2000 to June 16, 2003. Please find enclosed a Certificate of
Appreciation and an aerial view photograph of the Roanoke Valley which was issued by
the Mayor on behalf of the Members of the Roanoke City Council.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board
Stephanie M. Moon, Deputy City Clerk
H:~Agenda.03\June 16, 2003 correspondenceee.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.roanok¢.va.us
STEPHANIE M. MOON
l~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
June 16,2003
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
I am advised that Mr. F. B. Webster Day has submitted h~s resignation as a member of the
Youth Services Citizen Board, effective immediately.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
N:\cksrn l~Agenda.03\Campbell.resignation .wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-217
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. 36372-061603 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for transfer of
funds in connection with completed capital projects to certain recommended accounts; and
dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Pa'rker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Philip C. Schirmer, City Engineer
Barry L. Key, Director, Office of Management and Budget
Roy Mentkow, Acting Director, Department of Technology
HSAgenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36372-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Water
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 Water and Capital Projects Funds Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Water Fund
Appropriations
Capital Outlay $ 9,361,522
Public Improvement Bonds Series 2002 (1) ............................................ 472
Crystal Springs Construction Administration (2) ...................................... 199,528
Capital Projects Fund
Appropriations
Flood Reduction $18,665,464
Technology Communities Digital Maps (3) .............................................. -0-
Economic Development
RCIT Addition - Property (4) ....................................................................
$ 25,152,688
3,271,334
General Government $ 9,751,854
Security at Public Works Service Center (9) ............................................ 1,315
Quick Service Facility at Public Works Service Center (10) .................... -0-
Public Safety $ 8,225,244
New Police Building Construction (5) ...................................................... 4,758,287
Police Building Design (6) ....................................................................... 1,257,924
Regional Fire/EMS Training Center (7) ................................................... 840,132
Radio Shop FCC Training (8) .................................................................. 9,461
Recreation $ 25,761,116
Gainsboro Branch Library Improvements (11 ) ......................................... 180,063
Streets and Bridges
2"u Street/GainsboroRVells Avenue (12) ..................................................
Peters Creek Road Extension (13) ..........................................................
Brandon Avenue Widening - VDOT (14) .................................................
$ 27,168,948
6,325,075
775,630
47,847
Storm Drains $ 3,513,108
Windsor Road Replace Well System (15) .............................................. 43,407
Miscellaneous Storm Drain Projects (16) ............................................... 312,116
Garden City Phase 7 Storm Drains (17) .................................................. 92,461
Salem Turnpike Drain ~ "
29/31 (18) .......................................................... 77,690
Trout Run Culvert Repairs (19-20) .......................................................... 214,896
Traffic Engineering $ 5,635,273
Williamson/Hilderbrand Road Signal (21) ................................................ 47,243
Capital Improvement Reserve $ 843,807
Capital Improvement Reserve (22-25) ..................................................... 838,450
Public Improvement Bonds Series 1999 (26) ..........................................
5,357
Revenues
Intergovernmental (27) .............................................................................. $ 3,706,141
1) Crystal Springs Plant
Construction
2) Appropriated from Series
2002 Bond Issue
3) Appropriated from
Federal Grant Funds
4) Appropriated from
General Revenue
5) Appropriated from
General Revenue
6) Appropriated from
General Revenue
7) Appropriated from
General Revenue
8) Appropriated from
General Revenue
9) Appropriated from
General Revenue
(002-530-8400-9199)
(002-530-8402-9076)
(008-510-9655-9002)
(008-052-9629-9003)
(008-052-9563-9003)
(008-052-9564-9003)
(008-052-9718-9003)
(008-430-9851-9003)
(008-530-9761-9003)
472
(472)
(30,000)
(63,563)
(2,501)
(6)
(6,513)
(539)
(13,785)
10) Appropriated from
General Revenue
11 ) Appropriated from
General Revenue
12) Appropriated from
General Revenue
13) Appropriated from
General Revenue
14) Appropriated from
General Revenue
15) Appropriated from Series
1996 Bond Issue
16) Appropriated from
General Revenue
17) Appropriated from Series
1996 Bond Issue
18) Appropriated from Series
1999 Bond Issue
19) Appropriated from Series
1999 Bond Issue
20) Appropriated from Series
1996 Bond Issue
21) Appropriated from Series
1999 Bond Issue
22) Buildings and Structures
23) Storm Drains
24) Economic Development
25) VDOT Match
26) Streets and Sidewalks
27) FEMA - Digital Flood Maps
008-530-9762-9003
008-052-9626-9003
008-052-9547-9003
008-052-9595-9003
008-052-9604-9003
008-052-9580-9088
008-052-9688-9003
008-052-9693-9088
008-052-9697-9001
008-530-9810-9001
008-530-9810-9088
008-530-9579-9001
008-052-9575-9173
008-052-9575-9176
008-052-9575-9178
008-052-9575-9210
008-052-9709-9191
008-008-1234-1265
$ (50,o00)
(1,012)
(258,352)
(14,453)
(8,254)
(9,593)
(3,723)
(16,539)
(1,890)
1,890
26,132
(5,357)
74,356
3,723
63,563
281,059
5,357
(30,000)
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.
JESSE A. HALL
Director of Finance
emaik jesse_hall@ci roanoke.va us
June 16, 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
email: ann shawver~ci.roanoke va us
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:
Capital Projects of all types have been approved by Council for construction over the past
years. These projects have included construction in major categories for buildings, parks,
streets, bridges, sanitary sewers, water projects, storm drains, flood reduction, and various
technology related projects. Funding was established for each project when Council
approved the project based on the bids for the various project costs, as well as extra
funding for possible contingencies. Some projects have contingency funds remaining after
the final expenditures are made because projects are completed within the established
budgets.
A number of projects have been completed and can be closed. The total amount of funds
remaining is $469,421 which may be transferred from these completed projects to capital
projects still under construction or to capital improvement reserve accounts for other future
construction. Attachment A illustrates the funds remaining in completed projects that may
be closed. The attachment also indicates the account to which remaining funding is
recommended to be transferred.
Recommendation:
We recommend that Council adopt the budget ordinance which will transfer funds from
completed capital projects into recommended accounts.
Respectfully submitted,
Darlene k. Buroham
City Manager
Jesse A. Hall
Director of Finance
Honomble Mayorand Members of Council
June 16, 2003
Page 2
DLB/JAH/vst
Attachment
C~
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Barry L. Key, Director of Management and Budget
Philip C. Schirmer, City Engineer
Roy Mentkow, Acting Director of Technology
F03-00011
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CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36373-061603 amending and reordaining certain
sections of the 2002-03 Department of Technology, Fleet Management and Risk
Management Funds Appropriations, providing for appropriation of funds in connection with
internal services fund budgetary adjustments; and dispensing with the second reading by
title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Dadene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
Roy M. Mentkow, Acting Director, Department of Technology
Robert D. Frazier, Manager, Fleet Management
Glenn A. Asher, Risk Management Officer
H:gAgenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36373-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Department of Technology, Fleet Management and Risk Management 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 Department of Technology, Fleet Management and Risk Management
Funds Appropriations be, and the same are hereby, amended and reordained to read as
follows, in part:
Department of Technoloav
Appropriations
Operating (1-2) .......................................................................................... $ 3,781,330
,Revenues
Operating (3-4) .......................................................................................... $ 4,343,288
Nonoperating (5) ........................................................................................ 930,232
Fleet Mana.qement Fund
Appropriations
Operating (6-8) .......................................................................................... $ 3,270,039
Revenues
Operating $ 4,507,394
Billings to Other Funds (9-12) .................................................................. 2,927,353
Nonoperating (13) ...................................................................................... 1,293,336
Risk Mana.qement Fund
Appropriations
Operating (14-19) ...................................................................................... $12,860,812
Revenues
Operating (20-22) ...................................................................................... $11,339,570
Nonoperating (23) ...................................................................................... 509,716
1 ) Telephone (013-430-1601-2020)
2) Equipment Rental (013-430-1601-3070)
3) Billings to General Fund (013-110-1234-0952)
4) Billings for Phone Charges (013-110-1234-1314)
5) Transfer from General Fund(013-110-1234-1037)
6) Fees for
Professional Services
7) Motor Fuel Pumhases
8) Cost of Goods Sold
9) Billings to General Fund
10) Billings to Water Fund
11) Vehicle Damage Repair
12) Fuel Billings
13) Transfer from
General Fund
14) Fees for Professional
Services
15) Miscellaneous Claims
16) Litigation
17) Insurance
18) Vehicle Damage Repair
19) Workers
Compensation - Medical
20) Billings to General Fund
21) Billings to Water Fund
22) Worker's
Compensation - Medical
23) Damages to City Property
(017-440-2641-2010)
(017-440-2641-3013)
(017-440-2641-3016)
(017-110-1234-0952)
(017-110-1234-0953)
(017-110-1234-1177)
(017-110-1234-1279)
017-110-1234-0951)
019-340-1262-2010)
019-340-1262-2173)
019-340-1262-2179)
019-340-1262-3020)
019-340-1262-7008)
(019-340-1265-2181)
(019-110-1234-0952)
(019-110-1234-0953)
(019-110-1234-1171)
(019-110-1234-0865)
$ 92,325
71,475
131,747
163,800
(131,747)
35,000
138,000
140,300
33,900
24,400
25,000
138,000
92,000
44,716
37,000
45,000
162,000
25,000
55,000
160,333
108,667
55,000
44,716
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.
JESSE A. HALL
Director of Finance
June 16, 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
email; ann_shaw~et~ci.roanokc.va.us
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
Subject: Internal Service Funds Budget Adjustments
Dear Mayor Smith and Members of City Council:
Background
The Internal Service Funds account for certain services provided to departments of the other
funds of the City. The Internal Service Funds recover their costs by charging the receiving
departments for services provided.
Budgeted funds for internal services are allocated in the General Fund each fiscal year
throughout various departments based on estimated usage. Usage usually varies from the
original estimates.
Additionally, budget amounts in the Internal Service Funds are established based on expected
transactions for the year. Based on some higher than anticipated expenses and changes in
billing methodology in the areas of Department of Technology, Fleet and Risk Management,
certain additional expenses have been incurred, and budget adjustments will be needed for
such items.
Considerations
Dudng the current fiscal year, a new telephone system was installed in the majority of City
offices. A new billing method was necessary to accommodate the new phone system. The
Department of Technology now pays phone charges and bills user departments instead of
departments being charged directly. To administratively accommodate the change in billing
methodology, increases of $163,800 in the Department of Technology's revenue and expense
estimates are needed for fiscal year 2003. No additional funding is necessary for General Fund
departments as phone charges were already propedy budgeted throughtout user departments.
Honorable Mayor and Members
of City Council
June 16, 2003
Page 2
The Fleet Management Fund bills user departments for vehicle supplies and maintenance and
fuel purchases, based on cost. In the current fiscal year, the cost of vehicle parts and inventory
resupply exceeded the amounts budgeted by $175,300. In addition, fuel prices increased
during the year and were $138,000 higher than anticipated. As a result, increases of $313,300
in Fleet Management's revenue and expense estimates are needed for fiscal year 2003.
The City accounts for self-insured liabilities in its Risk Management Internal Service Fund. This
fund has incurred costs in excess of budget during FY2003, and has billed user funds and
departments at amounts exceeding original revenue estimates to recover those costs. An
increase of $151,716 is necessary in various operating accounts to cover claims and repair
costs in excess of budget. An increase of $162,000 is needed to cover the rising costs of
insurance policies. The cost of policies has increased as a result of the events of September
11, 2001. Property values have also been updated in insurance policies. Workers'
compensation medical expenses need an increase of $55,000 due to a higher than typical level
of medical claims paid. Corresponding revenue adjustments will also be made.
The General Fund portion of the additional amount required to fully fund the internal service
fund charges will be transferred to various departments' internal service accounts via a separate
council report. Funding will be provided from available salary lapse funds.
Recommended Action
The attached budget ordinance will accomplish the required internal service fund budgetary
adjustments. We recommend it for your approval.
Respectfully Submitted,
~. Burcham ~
City Manager
DLB:JAH
Jesse A. Hall
Director of Finance
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Barry L. Key, Director of Management and Budget
Roy M. Mentkow, Acting Director of Department of Technology
Glenn A. Asher, Risk Management Officer
Robert D. Frazier, Manager of Fleet Management
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #24-188
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. 36374-061603 repealing Ordinance No.
36307-051203, adopted on May 12, 2003; and amending and reordaining {}32-276, Tax
levied; amount, Code of the City of Roanoke (1979), as amended, to provide for an
increase in the special tax imposed on consumers of telephone service to offset costs
attributable to the enhanced 91 1 Emergency Telephone System; effective November 1,
2003; and dispensing with the second reading by title paragraph of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Sincerely,~/~ ~"~'~' ~. ~/?~~,,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
HSAgenda.03\June 16, 2003 correspondenceee,wpd
Darlene L. Bu~ham
June 23,2003
Page 2
pc:
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
Court
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
Barry L. Key, Director, Office of Management and Budget
Roy M. Mentkow, Acting Director, Department of Technology
H:~,genda.03\June 16, 2003 correspondenceee.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
Telephotos: (540) 853.2541
Fox: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
June 18, 2003
File #24-79-383
STEPHANIE M. MOON
Deputy City Clerk
SHEII~ N. HARTMAN
Assistant City Clerk
Dear Registered Agent:
I am enclosing copy of Ordinance No. 36374-061603 repealing Ordinance No. 36307-
051203 adopted on May 12, 2003; and amending and reordaining §32-276, Tax levied;
amount, Code of the City of Roanoke (1979), as amended, to provide for an increase in
the special tax imposed on consumers of telephone service to offset costs attributable to
the enhanced 911 Emergency Telephone System, effective November 1, 2003; and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMHl~Agenda.O3~June 16, 2003 correspondenc.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
Ro. 36376-061603.
AN ORDINANCE repealing Ordinance No. 36307-051203, adopted on May 12,
2003; and amending and reordaining {}32-276, Tax levied; amount, of the Code of the City of
Roanoke (1979), as amended, to provide for an increase in the special tax imposed on the
consumers of telephone service to offset costs attributable to the enhanced 911 Emergency
Telephone System; providing for an effective date; and dispensing with the second reading
by title paragraph of this ordinance.
WHEREAS, pursuant to {}58.1-3813, Code of Virginia (1950), as amended, City
Council has established an enhanced 911 Emergency Telephone System ("E-911") and has
imposed a special tax on the consumers of telephone service; and
WHEREAS, the current tax is insufficient to offset recurring maintenance, repair and
system upgrade costs, and salaries or portions of salaries of dispatchers paid by the City
which are directly attributable to the E-911 system only;
WHEREAS, Ordinance No. 36307-051203, heretofore adopted on May 12, 2003,
increasing the special tax provided for in §32-276, of the City Code, failed to reach the
providers of telephone service, as required by law, within 120 days prior to its effective date;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Ordinance No. 36307-051203, adopted May 12, 2003, is hereby REPEALED.
2. Section 32-276, Tax levied; amount, of the Code of the City of Roanoke
(1979), as amended, is hereby amended and reordained to read and provide as follows:
{}32-276. Tax levied~ amount.
There is hereby imposed and levied by the city upon every purchaser of
local telephone service a tax in the amount of ............. c^~.. ~ ...... .~
~ ..... ~ two dollars ($2.00) per month per telephone line. This tax shall be
paid by the purchaser to the seller of local telephone service for the use of the
city to offset recurring maintenance, repair, and system upgrade costs, and
salaries or portions of salaries of dispatchers paid by the city which are directly
attributable to the E-911 system only.
3. The tax increase authorized by this ordinance shall be in force and effect upon
and after November 1, 2003.
4. The City Clerk is directed to forward an attested copy of this ordinance by
certified mail, return receipt requested, to the registered agent of the service provider
required to collect the tax so that an attested copy will be received by such registered agent at
least one hundred and twenty (120) days prior to November 1, 2003.
5. Pursuant to §12 of the Roanoke City Charter, the second reading by title
paragraph of this ordinance 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
June 16,2003
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: Enhanced 9-1-1 Tax Rate
Background:
The Commonwealth of Virginia authorizes any locality providing Enhanced 9-1-1
(E911) services to its citizens to impose a special tax on the consumers of
telephone service in order to support the cost of operations. On May 12, 2003,
Council approved an ordinance amending Section 32-276 of the City Code to
increase the tax to two dollars ($2.00) per month per telephone line to be
effective on October 1,2003. The City is required to notify the registered agent
of the service providers required to collect the tax at least one hundred twenty
(120) days prior to the effective date of the increase, in order for the increase to
be effective. The notice requirement is mandated by Section 58.1-3812.A, Code
of Virginia to allow phone companies time to adjust their systems for the new
rate.
Considerations:
The required notification was not sent to the registered agents of the service
providers responsible for collecting the tax in order to provide for the October 1,
2003 effective date. In order to provide for the required advance notification, the
effeotive date of the tax increase needs to be revised to November 1, 2003. The
Honorable Mayor and Members of Council
June 16, 2003
Page 2
revenue loss associated with a one month delay in the implementation date is
approximately $37,000. While this implementation delay might cause the tax to
fall below estimate in FY04, the variance is not expected to be significant.
Recommended Action:
Repeal the ordinance approved by Council on May 12th amending Section 32-
276 of the City Code adjusting the Enhanced 9-1-1 tax to $2.00 per month
effective on October 1,2003. Approve the attached ordinance amending Section
32-276 of the City Code adjusting the Enhanced 9-1-1 tax to $2.00 per month
effective November 1,2003.
Respectfully submitted,
City Manager
DLB:rbl
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
CM03-00135
CITY OF R 4NOKE
Office of the C,ty Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
June 23,2003
File #24-42
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36375-061603 amending and reordaining Article III,
Public Markets, of Chapter 24, Public Build inqs and Property Generally, of the Code of the
City of Roanoke (1979), as amended, by amending certain sections therein, repealing
Section 24-70, Sign required on vehicles used by hucksters or peddlers~ and adding
Section 24-77, Rules and requlations for use of market spaces, in order to update Article
III; and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 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
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
Darlene L. Burcham
June 23, 2003
Page 2
pc;
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
District Court
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
George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
Francis W. Burkart, III, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District
Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
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
David A. Diaz, President, Downtown Roanoke, Inc., 213 Market Street, S. W.,
Roanoke, Virginia 24011
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Elizabeth A. Neu, Director, Economic Development
A. L. Gaskins, Chief of Police
Sarah K. Sappenfield, Special Projects Coordinator, Economic Development
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of ,June, 2003.
No. 36375-061603.
AN ORDINANCE amending and reordaining Article l/I, Public Markets, of Chapter 24,
Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as
amended, by amending certain sections therein, repealing section 24-70, Sign required on
vehicles used by hucksters or peddlers, and adding Section 24-77, Rules and regulations for use
of market spaces, in order to update such Article III; 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. Article IH, Public Markets, of Chapter 24, Public Buildings and Property_
Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and
reordalned to read and provide as follows:
ARTICLE III. PUBLIC MARKETS
{}24-61. Violations of article.
Except as otherwise specifically provided, a violation of any provision of this
article shall constitute a Class 4 misdemeanor.
{}24-62. Definition.
As used in this article, the term "market", "public market", or "market area" shall
mean and include all market spaces designated in accgrd accordance with section
24-63 and all streets which have been set aside for market purposes.
H:LMeasures\Code Amendment Public Markets 24434.doc
§24-63. Where held.
(a) Public marketso....~'~" may be held on in the -......~.-~1"~ ~...:l~:..~v....._.~ lmbBc
sidewalks, the lmblic lmrking areas, and/or on the public streets designated in this
section.
(b) The portion of the public sidewalks, parking areas, and streets that may be
used for public markets consists of the --~-"~ '
........ area lying north of Church Avenue,
west of geeond-gtr-~ Williamson Ro~, south of Salem Avenue and east of and
...w~-.~:~'~"a:~ nr~.,.,.. ~.~,e .... Jefferson Street and ...... may be marked off by the city
manager imo market spaces. The spaces so marked offare hereby set aside for the
producers of farm, an~ domestic products, and other approved items to sell their
produce, products, and items. The city manager may place reasonable restrictions
on the use of all or part of such spaces.
(c) In the event there are more applicants for market spaces than there are
market spaces available, the city manager may authorize the assignment of
additional spaces .......
public street, sidewalk or parking area that has been set aside for market
purposes.
§24-64. Operating hours.
The market may be available for operation from 5:00 a.m. to 6:30 p.m. Monday
through Saturday. Days and hours for the operation of the market shall be
established by the city manager and set forth in the rules and regulations
authorized by Section 24-77 below.
§24-66. Curb Market spaces generally,
(a) Any person who wants to offer for sale in market spaces produce, other
commodities, or such other goods as may be permitted by the city manager, shall,
prior to any such offering, obtain a license or permit to do so from the city
H:~Measures\Code Amendmem Public Markets 24-64.doe 2
manager. Such license or permit may be issued on a yearly, monthly, or daily
basis subject to payment ora market space fee as approved by the city council.
(b) Any person having entered into ayearly, monthly or daily ce.':~a~ license
orpermit with the city for any curb market space at the market shall have the right
to use such space at the permitted times ..... :-~ during the term of the ~*~"
license orpermit; provided, however, that should such person not occupy his their
space by the time established by the city manager in the rules and regulations
authorized by 3~24-77 below on any morning, the city manager may lea:c thc
:';ace permit the use of such space by to any other person for such day. £hzu!d
(c) All daily r-emats~-o~o-feesfor market spaces at the market shall be a~
.... ~ .............. :~.~ ~... ot.~ ~: ........ charged ignated fo
...... r ............ ~, ..... j ....... j ....... ~0r at the rate des r
such space. Such spaces g~al! may be assigned by the city manager on a first
come, first serve basis during the hours that the-offie~gthe market is open.
§24-67. License or authorization prerequisite to occupancy of market space
No person shall occupy any market space er :tall at thc mar!:~ for the sale of any
articles or things for which a license tax is required by ohapter-tX)-of-this Code;,
until he such person has obtained a any required license or authorization for such
privilege from the commissioner of the revenue or from any other required
federal, state or local governmental agency.
§24-68. Maintenance of market spaces and
Each occupant of a market space er ~I shall, before leaving the same at the
close of the business day, clean the space er ~,a~2 and remove therefrom and
properly dispose of all garbage, trash, refuse and other wa~c material.
§24-69. Arrangement of articles and vehicles.
The city manager~..,...~" may direct or approve the arrangement and v,~o.,.on
display of all ~ items brought to the market for sale or display and of all
vehicles used at the market. It shall be unlawful for any person to fail or refuse to
obey any such directions.
{}24-71. Vacant ~'~"~' ~----
..... , market spaces; recovery of r-ems .fees; transfer of ......
market spaces.
If the remat fee payments for ao,,..~*~" market space..~' *~,..~ .... -.,~....~f'~ m-e is in arrears
for more than ten (10) days, or if for any cause there shall be a failure, e~
~ v/,.,.j o, to supply the ..... space with a~qcqes approved items for sale. for which
~ the space was obtaine '~'~ ~:"* ~ .... ~'~
vacant for the period of time designated in the license or permit in violation of the
rules and regulations authorized by Section 24-77 below, or any other violation of
the license or permit, the city manager may declare the market space vacant and
immediately terminate any license or permit for such space. In every such case,
and in every other case where a :tall market space may become vacant, the city
/ax ~ .....~. ....... ~. .... . llo th of ch rket spa by
v-'/ ~jo, .........~ ...........may a w e use su ma ce others
for the remainder of the term of the license or permit and may f~r w~ic~ :'t ;;'as
+K~+^g ...... *hA +~ +k~ k:~k~+ k;AA .... A ~ ~n alSO proceed to recover the
rent fees due by the re:tier person who has forfeited his the right to the
market space. No ~ Hcensee or permittee of a stall market space ~n t~e
mar!r~ shall be permitted to sublet or transfer the same without the prior written
consent of the city e..~+
manager
{}24-72. Sale or purchase of perishables generally.
(a) No person, except the producer or aproperly ......... r ...... authorized
person ...... :a.'ne shall sell or offer for sale any vegetables, fruits, eggs, butter or
other.,...jcl-:"' items .~vr..~:~ of a perishable nature at the market. No person,
including producers,~.,.~ ~:,.~..~,.,.~ r~,----,-~aa~o, shall sell any such :uF~l~c: items at
any place which is outside the market area but within five (5) blocks thereof
except with the prior written consent of the city manager.
(b) No person shall buy any vegetables, fruits, eggs. butter or Other c~-:'--
~oes. .... permttted ttems of a perishable nature at the market spaces and sell or
offer the same for sale t~crcon at market spaces without the prior written consent
of the city manager, it being the intention of this provision to prevent regrading at
the market.
(c) This section shall not apply or be construed to apply to or prevent any
~ properly licensed merchant having a fixed and designated place of
business anywhere in the city from purchasing suc~ :uFF!~e: :he items mentioned
in this section and selling or offering the same for sale at his such merchant's
place of business.
H:Wleasures\Code Amendment Public Markets 24-64.doc 4
§24-73. Sale of meat.
The sale of any meat, meat products, a.':~ poultry, o~ poultry products, or other
food products as may be permitted by the city manager must conform to all
inspection laws of thc this state or the United States, whichever is applicable, and
all health regulations must be complied with as to cooling, handling, and
packaging, and sale of such products.
§24-74. Sale of ........... art and crq£t items.
Persons engaged in art and craft San~craff skills may sell ' '
~t and craft items which h~e been ~pro~d by the ci~ m~ger ~r~ant to the
~les ~ re, la,om authorized by Sec~on 24-77 below. ~-
items on the city m~k~, in addition to mar~t space ~fie ch~ges, shall pay
the appropriate city license t~ and, ~pon at the request of the city manag~ shall
ce~i~, by a sworn affidavit, that thc:e h~Oicrah ~ch items to be sold were
fashioned by such p~so~ their employee, or a family member.
§24-75. Auction sales.
No person shall sell, at public auction, any article or material at the market,
without having first obtained a permit from the city manager.
§24-76. Requirement ora license ~ .... '.
..... or permit, prohibited uses of spaces and
tables; penalties.
(a) Market spaces er :t~2!: shall be used only by persons, including their
agents and employees, possessing a valid leag¢ license or permit issued by the city
(b) No person shall sit or lie on or under market tables or make any use of any
...... other than those uses authorized by this article or by a valid
market space "~ ~n
license or permit issued by the city manager.
(c) Violation of this section shall constitute a class 4 misdemeanor. A second
or subsequent violation of this section shall constitute a class 2 misdemeanor.
i[24-77. Rules and Regulations_for use qf market spaces.
The city manager is authorized to promulgate rules and regulations, including
modifications thereto, for the operation and use of the market spaces.
H:hMcasur~s\Code Amendment Public Markets 24-64.doc 5
2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
H:LMeasures\Code Amendment Public Markets 24..64.doc 6
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
June 16,2003
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: Public Markets. Amendments
to Code of the City of Roanoke.
A committee made up of City staff, Downtown Roanoke, Inc. (DRI) staff, and Roanoke
Market Vendors reviewed and made recommendations to update and amend Article III,
Public Markets, Sections 24-61 through 24-77 of the Code of the City of Roanoke
(1979), as amended. Such changes are needed in order to meet the operational
challenges facing the market and in order to provide for more efficient management of
the Market.
All changes in the City Code have been recommended by DRI through consultation with
the vendors and approved by DRI's Board of Directors. These modifications include
changing the allowable hours of use and authorizing the City Manager to create Rules
and Regulations for the operation and use of the Market. The changes in the rules and
regulations include allowing vendors to have one parking space per permitted license
space with the provision that employees may not use the parking space for personal
use. Several retail merchants have expressed concerns about the potential for vendors
who have more than one space to occupy parking spaces they don't necessarily need.
However, the handbook provides the City Manager with the discretion to address such
issues should they arise. Therefore, such concerns can be addressed in the handbook
as may be needed.
Honorable Mayor and Members of Council
June 16, 2003
Page 2
Recommendation:
Amend Article III, Public Markets, sections 24-61 through 24-77 of the Code of the City
of Roanoke (1979), as amended, by adopting the attached ordinance.
Respe~ctfully submitted,
Darlene L. Burcham
City Manager
DLB:sks
Attachment
c: Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Gary Tegenkamp, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Assistant City Manager
Elizabeth Neu, Director of Economie Development
Sally Sappenfield, Special Projects Coordinator, Economic Development
David Diaz, President, DRI
CM03-00132
MARKET HANDBOOK
FOR
THE HISTORIC
ROANOKE CITY MARKET
"Where it all comes together"
The Historic Roanoke City Market, also called the Farmer's
Market, is the oldest continuously operating City Market in the
Commonwealth of Virginia. For over 125 years, Roanoke Valley farmers
have been bringing fresh fruits, vegetables, and flowers to the Market. In
recent years, the farmers have been joined by artisans offering handcrafted
items, unique jewelry, and other art objects.
The Market has been recognized nationally as a "Great
American Public Place" by the Lyndhurst Foundation along with other
winners such as the Vietnam Memorial in Washington and Central Park in
New York City. Locally, the Market has received a number of"Best of
Roanoke" awards by the Roanoker magazine, based upon votes of the
residents of Roanoke Valley.
9:28 AM 06/12/03
MARKET HANDBOOK
Rules and Regulations for the operation and use of market spaces.
Effective July l, 2003
To the extent reasonably possible, the spaces on the Market shall be used 60%
for agricultural, plant, and flower Vendors, and 40% for packaged, prepared
foods, baked goods, canned goods, arts, crafts, and }ewelry Vendors. In order to
maintain the history and vision of the Roanoke City Market, priority will be
given, in this order, to the follo~ving Vendors:
FARMERS, both organic and non-organic, and local growers (with proper Virginia
Department of Agriculture permits) of vegetables, fruits, plants, and flowers.
FOOD VENDORS selling packaged, prepared, baked and canned goods.
ARTISANS offering arts, crafts, and jewelry for sale.
I. DEFINITIONS
A. ARTISAN: Anyone who offers arts, crafts, and jewelry for sale on the Market or
who performs a service such as face painting.
B. FARMER: Anyone who offers produce, including, but not limited to, fruits,
vegetables, and cut greenery, live plants, herbs, flowers, meat, poultry, eggs, and
dairy products, for sale on the Market.
C. FOOD VENDOR: Any Vendor selling packaged, prepared, baked and canned
goods.
D. HOME GROWN: Produce actually grown "by the Farmer" during the growing
season within a 100-mile radius of the Roanoke City Market may be labeled "home
grown."
E. LOCALLY GROWN: Produce that is grown ~vithin a 100-mile radius of the
Roanoke City Market may be labeled as '%ocally Grown" and sold on the Market.
F. MARKET: That body of land owned by, or under the control of, the City of
Roanoke generally described as lying south of Salem Avenue, west of Williamson
Road, north of Church Avenue, and east of Jefferson Street.
G. MARKET HANDBOOK: That body of rules and regulations authorized pursuant
to City of Roanoke Code Section 24-77 for the operation and use of market
spaces.
H. MARKET MANAGER: That person designated by the City or its management
contractor, to supervise the daily operation and long-term management of the
Roanoke City Market.
Draft 06/12/03
MARKET RULES COMMFITEE: The committee appointed by the City or its
agent from among the Vendors and charged with the responsibility for suggesting
modifications to these Rules and Regulations as may, from dme to time, be
required for the operation and use of the market spaces.
VENDOR: Any person or entity in lawful possession of a license or permit to
offer items for sale or to perform services on the Market, whether on a daily basis
or for some other period of time.
LICENSE OR PERMIT: A license or permit is a contract between the City or its
agent and a person or entity granting the fight to use and occupy the market space
described in the contract upon the terms and conditions set forth in the contract.
The license or permit will be one of three types.
1. A PRIMARY PERMIT: A Primary permit is a license or permit issued to a
person or entity granting to such person or entity the fight to use and
occupy the market space identified in the contract whenever the Market is
open and upon the terms and conditions set forth in such license and
permit. A Primary permit may be issued for six months or for one year.
2. A SHARED PERMIT: A Shared permit is a license or permit issued to a
person or entity granting such person or entity the fight to use and occupy
the market space identified in the contract whenever the space is not
occupied by the Primary permit holder and in accordance with the terms
and conditions set forth in such license or permit. The Shared permit shall
be approved by the Market Manager. The Shared permit shall be issued for
the same length of time as the Primary permit.
3. A DAILY PERMIT: A Daily permit is a license or permit issued to a person
or entity granting such person or entity the right to use and occupy a
designated market space for the day for which it is issued.
II. ITEMS THAT MAY BE SOLD ON THE MARKET
A. When a particular vegetable, herb, fruit, or other such produce is actually being grown
and produced locally, as defined herein, a Farmer may offer for sale on the Market
only that locally gro~vn produce, including:
1. Fruits, vegetables, live plants, bedding plants, flowers, herbs, meat, poultry,
eggs, and dairy products grown or prepared by the Farmer or under his
direct supervision and such items shall be marked or labeled as "locally
grown" or "home grown."
2. Depending upon growing conditions then being experienced, a Farmer, in
early April and late September, may, with the prior approval of the Market
Manager offer produce, including fruits, vegetables, herbs, and other such
Draft 06/12/03 3
produce that is purchased from other farmers for resale. Such items shall
not be labeled as "locally grown" or "homegrown."
B. In all months that the Market is ()pen, Food Vendors may offer for sale homemade
baked goods, honey, jams, jellies, and highly acidic canned goods (with an inspection
report from the Virginia Department of Agriculture) actually prepared by the Vendor
offering the item for sale or under the Vendor's direct supervision.
C. In all months that the Market is open, Vendors may offer crafts that are made by
hand from raw or collected materials and that comply with these Rules and
Regulations. A Vendor must receive from the Market Manager written approval
before offering the items for sale.
D. The Market Manager shah have the authority to approve or to disapprove any item
offered for sale on the Market under this section.
III. HOURS OF OPERATION
A. Weather permitting, the Historic Roanoke City Market will normally be open Monday
through Saturday from 8:00 A.M. until 5:00 P.M. from January 2 through December
31. The Market shall be closed on December 25 and January 1 of each year.
B. The Market may be opened at such other times as the Market Manager shall, from
time to time, designate.
C. Vendors who have applied for and received a permit to sell on the Market shall make
every effort to be open and ready to sell when the Market opens, and to remain open
until the Market closes or until the Vendor has sold out of items being offered for
sale. It is recognized that weather, travel-time, or other circumstances may make it
impractical or impossible for the Vendor to comply with this requirement on
occasion.
D. Should a later opening time be required for Vendor, Vendor shall notify the Market
Manager by phone at Downto~vn Roanoke, Inc. (540-342-2028) as far in advance of
opening as is possible. Failure by Vendor to be open to sell by 9:00 A.M. or to notify
the Market Manager of the need for a later opening time may result in the release of
Vendor's space to another entity for that day.
IV. LICENSES, TAXES, AND PERMITS
A.Every Vendor on the Roanoke City Market must comply with federal and state laws,
and local ordinances.
B. Collection and filing of any applicable taxes and payment to the appropriate taxing
authority is the sole responsibility of the Vendor.
C. Farmers must secure a Grower's Permit from the Virginia Cooperative Extension
Service and have the same properly notarized, whether selling on a daily, monthly, or
annual basis. A copy of the Grower's Permit will be attached to, and made a part of
the Farmer's permit to sell on the Market. Farmers must als() obtain a temporary sales
tax ID number before being issued a permit if required by law.
Draft 06/12/03
4
D. A prospective Vendor wishing to sell handcrafted items, including, but not limited to,
jewelry, art, pottery, or photography must, before offering items for sale:
1. File an application with the Market Manager that specifies the nature of the product
that the Vendor wishes to sell.
2. Obtain from the City of Roanoke appropriate licenses, which may include a
Peddler's License.
3. File an affidavit with the Market Manager that the items for sale have been created
by the Vendor and that Vendor has read, and agrees to comply with, the guidelines
for craft items appended hereto as Appendix A.
If a written complaint is filed with the Market Manager alleging a Vendor is offering
substandard crafts, crafts not made by the Vendor, or crafts that have been made by
others and purchased for re-sale, a heating will be scheduled before the Market
Rules Comrmttee and the Vendor will be given an opportunity to respond in full to
the complaint. Following the hearing, a recommendation ~vlll be made to the
Market Manager for appropriate action.
Vendors selling prepared foods must secure a Registration for Tax Collection Form
from the Office of Billings and Collections of the City of Roanoke (540-853-2880).
Vendors are responsible for collecting and paying the City of Roanoke's 4% Prepared
Food and Beverage tax. A copy of such form will be attached to and made a part of
the permit to sell.
All scales for weighing items sold on the Market must display a current, valid
certification sticker signed by an Inspector from the Virginia Department o f Weights
and Measures.
Vendors are responsible for contacting the offices of the CornnUssioner of Revenue
(540-853-2521), the Virginia Department of Taxation (540-562-3510), and the Billings
and Collection Department of the City of Roanoke (540-853-2880) to ensure that they
are operating ~vithin the laxv. Failure to do so could result in civil or criminal
penalties.
V. LICENSE AND PERMIT AGREEMENTS
A. Spaces are assigned upon the execution of a contract, also referred to as a license or
permit, whether daily or for another period of time. Only those persons to whom a
license or permit is given may use the assigned space. Transferring by any instrument
or allowing the assigned space to be used by any other person, including a family
member, in the absence of the person to whom the permit is issued, without the
Market Manager's prior written permission, shall be grounds for immediate
temfination of the license or permit.
B. No Vendor shall be allo~ved to sell from any space in the Market, either permanent
stalls or temporary Market spaces, ~vithout having first obtained a license or permit.
Draft 06/12/03 5
C. If a Vendor has not occupied that Vendor's assigned space by 9:00 A.M. without the
Market Manager's prior ~vritten approval, that space may be assigned for the day to
another Vendor on a "fncst come, first served" basis. Holders of a Primary permit or
a Shared permit will be given preference over daily Vendors for a particular space.
The Market Manager will be on the Market by 7:00 A.M. at space number 23 each day
the Market is open and shall maintain a list of Vendors wishing to secure space for the
day. Except as set forth herein, no space on the Market may be reserved, claimed, or
occupied prior to 9:00 A.M. by anyone other than the person having a license or
permit to do so.
D. Matters of safety or sanitation may require the Market Manager to temporarily assign
a Vendor a space different from that previously assigned to the Vendor.
E. The City and its agent reserves the right to refuse to offer a license or permit to any
Vendor, or to revoke any license or permit for Market space previously issued, when
it is considered to be in the best interests of the Market. The Vendor is endtled to
receive a ~vritten notice of such revocation at least 30 days prior to the effective date
of such action unless such termination is for cause or for an emergency. The
following shall be grounds for immediate cancellation of any license or permit, for
cause, without prior notification: (a) failure to meet the terms of the agreement; (b)
failure to pay fees within 10 days of the due date; or (c) failure to comply with Section
24-71 of the City of Roanoke Code.
F. Vendors shall be responsible for the actions of employees, agents, or other persons
working for, or with, the Vendor.
H. Beginning on July 1, 2003, there shall be three types of licenses or permits, as defined
in Section I (K) above, issued for Market spaces; a daily license or permit, a primary
license or permit and a shared license or permit. The permits issued shall be valid
only for the time period specified thereon.
1. Shared license or permits may be issued to two Vendors for the same Market space,
provided that each Vendor enters into a contract ~vith the City or its agent
specifically establishing the days or months that each shall occupy the space.
2. To assure continued diversity in the products offered for sale on the Market and to
encourage the participation of nexv Vendors in the future, no Vendor shall be
allo~ved to obtain or hold licenses or perm/ts for more than two Market spaces;
provided, ho~vever, Vendors holding Primary Permits for more than two Markets
spaces on June 30, 2003, shall not be affected by this limitation as long as they
maintain those permits.
3. A Vendor holding a Shared Permit shall have the first option to succeed the holder
of the Primary Permit upon its termination if such Primary permit holder does not
renew such license or permit Provided, however, such right of succession shall
not be used to permit the holder of a Shared Permit to violate the conditions of
subparagraph G (2) above. In the event that there is more than one Shared Permit
on the same space, seniority shall control xvith regard to the fncst right of
succession.
Drab 06/12/03 6
Licenses and permits are entity-or person-specific. If a family is applying for a
permit, all members of the family who expect to sell on the Market must sign the
agreement. If the permit is being obtained by a business, an officer or a general
partner must sign the permit.
Vendors who have received a Primary license or permit or a Shared license or
pen'nit will be required to be present to sell for a minimum of 50% of the duration
of their contract term, subject to the following conditions.
1. The 50% attendance requirement will be applied only during the months of
April through December and only on Wednesdays through Saturdays.
2. Vendors with contracts stating the specific days and months of attendance will
be required to attend at least 50% of those specified days and months.
3. The Market Manager may waive a specific portion of the attendance
requirements when a Vendor has experienced an emergency or an extenuating
circumstance. Such waivers must be documented in writing and signed by the
Market Manager.
4. Failure to comply with thc aforementioned attendance requirements may
result in termination or non-renewai of the license or permit.
V. PARKING
A license or permit for a Market space is a permit to use the parking space or adjacent
parking space(s) for parking for the Vendor only. Employees of the Vendor are not
permitted to use the parking space. Every Vendor using a parking space(s) must display
on the dashboard of each vehicle in such space(s) a parking permit signed by the Market
Manager.
VII. FEES
Fees to be paid for spaces are in Appendix (B) attached hereto. Fees will remain the same
as in the previous handbook. Any fee changes must be approved by the DRI Board of
Directors and City Council.
VIII. HEALTH, SANITATION, AND SAFETY
The City of Roanoke will provide and empty all public litter containers in the Market.
Vendors are responsible for the collection and proper disposal of all refuse, grease,
and trash generated from their spaces.
Vendors are responsible to see that their areas are left clean and orderly when they
leave the Market for the day and must assure that the awnings are rolled up. Failure
to comply with this section may result in the imposition of the greater of a $5.00 fee
or thc actual cost of any cleanup to be collected by the Market Manager. A second
failure to comply with this section or the failure to pay the fee or cost may result in a
termination of the license or permit to use the space. All monies collected under this
Draft 06/12/03 7
IX.
section shah be deposited in the Market promotional fund, except for any actual cost
of cleanup, which shall go to pay such costs.
Downto~vn Roanoke, Inc. and the City of Roanoke are not responsible for damage to
or loss of any personal or other items in any of the spaces.
Children brought to the Market by Vendors must be kept within the Vendor's Market
space and be under the supervision of a designated adult.
Vendors and their representatives agree to protect and hold Downtown Roanoke, Inc.
and the City of Roanoke their employees, agents, and representatives harmless and to
indemnify such entities from any and all claims, demands, suits, actions, judgments,
and recoveries, for or on account of any damage, theft, or injury (including death) to
property or person occurring as a result of Vendor's use of Market space for which
Vendor holds a license or permit, including loss or injury resulting to Vendor from
any cause whatsoever, including but not limited to electrical or equipment failure.
STRUCTU1LM~
Vendors must provide their own equipment and any additional materials for display
of items. Vendors may not use nails or other setup materials which permanently
damage the space.
B. No signs or advertisements may be attached to buildings or tables by staples, screws,
nails, etc. Any sign that a Vendor wishes to use in his or her Market space must be
approved by the Market Manager. Market Manager has the sole discretion to
disapprove any sign or signage considered by the Market Manager to be inappropriate.
C. No signs of an advertising nature and designed to attract attention for support of
commercial activities which promote a product, commodity, service, or entertainment
which is not available for sale at such Market space are allowed on the Market without
the approval of the Market Manager. No other signs shall be allowed on the Market
unless allowed by the Market Manager or by law. The Market Area is designated as an
H-1 District and any permanent or semi-permanent signage must be approved by the
Roanoke Architectural Review Board.
D. Any needed repairs, hazardous conditions, or problems rendering the Market space
unusable for the purpose for which it was designed shall be immediately reported in
writing to the Market Manager or Downtown Roanoke, Incorporated(at 540-342-
2028).
Draft 06/12/03 8
X. GENERAL INFORMATION
The Historic Roanoke City Market promotes a family atmosphere. Proper
dress is reqtfired of all Vendors. Profanity or otherwise offensive language,
including gestures, is prohibited.
No person shah make a public outcry, engage in "hawking," play any musical
instrument, or give other entertainment while selling on the Market, whether
for personal pleasure or for pubhc enjoyment.
Vendors who violate any of the regulations contained in this Market Handbook
xvill be given a verbal warning. A second violation for the same, or for a
different violation, ~vill result in a written warning. A third violation xvill result
in the termination of the license or permit without refund of any monies paid
therefore.
Any unresolved disputes with thc Market Manager may be referred in writing
to Doxvntown Roanoke, Inc., for resolution.
By the authority granted to me by City of Roanoke Code Section 24-77, I hereby
approve and adopt these Rules and Regulations for the operation and use of
market spaces on the Historic Roanoke City Market, which shall be effective July
1, 2003.
This __ day of ,2003
Darlene L. Burcham
City Manager
City of Roanoke
Draft 06/12/03 9
APPENDIX A TO THE MARKET HANDBOOK
Craftsmanship should be reflective of the Vendor's considerable skill, time, and effort to
produce high quality, finished product. Each item should be original and unique but may be
assembled from patterns created by the Vendor. Assembly of plastic items, or copyrighted
items unless the Vendor is the holder of the copyright. Assembly from kits or pre-
manufactured items is not acceptable. The design of the item should reflect shape, form,
color, and texture. The material should be of high quality and of at least 80% raw or
collected material. Crafts may include original leatherwork, original jewelry, clothing and
other soft goods. Of the total value of the item, 50% of the total value of the item must be
attributable to the artisan's handiwork. Crafts may not include kits, cut bottles, unfinished
work, or bread-dough sculptures.
Remainder of the page is intentionally left blank
Draft 06/12/03 10
APPENDIX B TO THE MARIadET HANDBOOK
The Market Manager (or a designee) will be responsible for collecting the daily
and monthly permit fees.
Daily Fee
$5.00
Monthly Fee
$30.00
$27.00
$25.00
$30.00
$27.00
$25.00
$20.00
$20.00
Space Number(s)
40
7,7A, 3A
1-6, 36-39, 41-43, Market Square
17
8, 18, 35
9, 11-13A, 14-16, 19-24, 26-30, 32-34
10, 13B, 25, 31, East Side of Wall Street
1-13
Remainder of the page is intentionally left blank
Draft 06/12/03 11
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File ~68
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. 36376-061603 authorizing the City Manager to
prepare the necessary documents to petition the State Soil and Water Conservation Board
for the City to become a member of the Blue Ridge Soil and Water Conservation District;
and to take other related actions as necessary.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Dkector of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Rotanda 13. Russell, Assistant City Manager for Community Development
Michael T. McEvoy, Director of Utilities
Steven C. Buschor, Director, Parks and Recreation
Brian R. Townsend, Director, Planning, Building and Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36376-061603.
A RESOLUTION authorizing the City Manager to prepare the necessary documents to
petition the State Soil and Water Conservation Board for the City to become a member of
the Blue Ridge Soil and Water Conservation District; and to take other related actions as
necessary.
WHEREAS, the Blue Ridge Soil and Water Conservation District (Blue Ridge
District) is an autonomous elected body with the mission of promoting conservation of
natural resources, accomplished through educational programs and technical assistance to
citizens of Henry, Franklin and Roanoke Counties;
WHEREAS, membership of the City of Roanoke in the Blue Ridge District will
enable City residents to utilize the Blue Ridge District's educational, technical and grant
programs; and
WHEREAS, two representatives will be appointed initially, by the Blue Ridge District
Board of Directors, if Roanoke is granted membership between regularly scheduled
elections; thereafter two representatives, with four year terms, will be elected by City voters
at regularly scheduled elections.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk, are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, the necessary documents to petition the State
Soil and Water Conservation Board for the City to become a member of the Blue Ridge
District; and to take other related actions as necessary, as recommended in the City
Manager's letter to this Council dated June 16, 2003.
2. The form of the documents shall be in form approved by the City Attorney.
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: wx~w.roanokegov.com
June 16, 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: Membership in the Blue Ridge
Soil and Water Conservation District
The Blue Ridge Soil and Water Conservation District (Blue Ridge District) is an
autonomous elected body with the mission of promoting conservation of natural
resources. This is accomplished through educational programs and technical
assistance to citizens that live within the Blue Ridge District. This includes
Henry, Franklin and Roanoke Counties.
Soil and water conservation districts were first established in the 1930s to
develop programs to prevent soil erosion and control floods. Virginia now has
forty-seven districts. Their role has been expanded to include grant
administration and implementation of programs to control non-point source
pollution. Virginia's districts receive funding primarily from the Virginia
Department of Conservation and Recreation (DCR). They also receive technical
support from the federal Department of Agriculture's Natural Resources
Conservation Service.
The Honorable Mayorand Members of Council
Membe~hipinthe Blue Ridge SoilandWaterConservation District
June 2,2003
Page 2
The City of Roanoke is eligible to join the Blue Ridge District upon petitioning the
State Soil and Water Conservation Board. If accepted, the City would be allotted
two representatives on the Blue Ridge District Board of Directors. These are
voluntary service positions with 4 year service terms elected by City voters,
generally in the fall election cycle. Initially, the Blue Ridge District Board of
Directors would appoint these two positions if Roanoke was granted membership
between regularly scheduled elections.
There is no cost associated with membership. The City would bear some small
election-related expense in selecting candidates for the Board of Directors every
four years. The District does ask, however, for voluntary contributions from its
member localities to support its programs. Most of the localities do provide some
level of support typically less than Ten Thousand Dollars annually. Joining the
Blue Ridge District would enable City residents to utilize the District's
educational, technical and grant programs.
Recommended Action:
Authorize the City Manager to prepare the necessary documents to petition the
State Soil and Water Conservation Board for membership in the Blue Ridge Soil
and Water Conservation District. If approved, authorize the City Manager to
execute any documents necessary for the City to become a member of the
District; such documents to be approved as to form by the City Attorney.
City Manager
DLB/mtm
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
Steve Buschor, Director of Parks and Recreation
Brian Townsend, Director of Planning, Building and Development
0M03-00096
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-72-178-236-247
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. 36378-061603 accepting Fiscal Year 2003-2004
funds for the Community Development Block Grant program, the HOME Investment
Partnerships program and the Emergency Shelter Grant program and authorizing the City
Manager to execute the requisite Grant Agreements with the United States Department of
Housing and Urban Development.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
H:~Agenda.03~June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36378-061603.
A RESOLUTION accepting the Fiscal Year 2003-2004 funds for the Community
Development Block Grant (CDBG) program, the HOME Investment Partnerships program
(HOME) and the Emergency Shelter Grant (ESG) program and authorizing the City Manager
to execute the requisite Grant Agreements with the United States Department of Housing and
Urban Development (HUD).
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Fiscal Year 2003-2004 funds for the CDBG, HOME and ESG programs
are hereby ACCEPTED, upon receipt of approval letters from HUD.
2. The City Manager is authorized to execute, and the City Clerk is authorized to
attest, the requisite Grant Agreements with the United States Department of Housing and
Urban Development for such funds, the Funding Approvals, and any and all understandings,
assurances and documents relating thereto, in such form as is approved by the City Attorney,
as more particularly set out in the City Manager's letter dated June 16, 2003, to City Council.
ATTEST:
City Clerk.
H:\RESOLUTIONS~R-CDBG-GRANT (2003-2004)061603.DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-72-178-236-247
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. 36377-061603 amending and reordaining certain
sections of the 2003-04 Grant Fund Appropriations, providing for transfer of $35,182.00,
in connection with 2003-04 Community Development Block Grant, HOME Investment
Partnerships Program and Emergency Shelter Grant Program Entitlement 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, June 16, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F.
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
H:~Agenda.03~June 16, 2003 correspondenceee.wpd
IN THE COUNCIL Of THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36377-061603.
AN ORDINANCE to amend and reordain certain sections of the 2003-2004
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 2003-2004 Grant Fund Appropriations be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Community Development Block Grant FY04 (1-50) ..................................... $ 2,797,051
Community Development Block Grant FY03 (51) ........................................ 3,032,210
Community Development Block Grant FY02 (52-54) ................................... 3,612,926
Community Development HOME Program
HOME Investment Partnership FY04 (55-62) ............................................
HOME Investment Partnership FY03 (63) .................................................
HOME Investment Partnership FY02 (64-68) ............................................
$ 5,179,894
784,716
802,329
798,510
Health and Welfare $ 4,612,284
Emergency Shelter Grant FY04 (69-72) .................................................... 77,000
Revenues
Community Development Block Grant FY04 (73-82) ................................... $ 2,797,051
Community Development Block Grant FY03 (83-84) ................................... 3,032,210
Community Development HOME Program
HOME Investment Partnership FY04 (85-86) ............................................
HOME Investment Partnership FY03 (87) .................................................
HOME Investment Partnership FY02 (88-89) ............................................
$ 5,179,894
784,716
802,329
798,510
Health and Welfare $ 4,612,284
Emergency Shelter Grant FY04 (90) ......................................................... 77,000
1) Care/Quick Response -
Program
2) Care/Quick Response -
Support
3) Care/Quick Response -
Administration
4) Empowering Individuals
With Disabilities
5) TAP - Helping Elderly
6) Demolition
7) BRHDC Connect Four
8) Connect Four ~ Support
9) Connect Four Administration
10) Southeast Pilot Project -
RRHA
11) Southeast Pilot Project -
Support
12) Southeast Pilot Project -
Administration
13) Independent Housing -
Special Needs
14) In-Fill Development Initiative
15) Habitat-For-Humanity
16) Mortgage Assistance Program
17) RAM House Improvements
18) Rebuilding Neighborhoods
19) Fair Housing Study
20) Daycare Services Initiative
21) Historic Review Services
22) Housing Strategy Development
23) Planning Assistance for
Target Neighborhoods
24) Neighborhood Business
Development
25) Hotel Roanoke 108 Interest
26) Presbyterian Community
Renovations
27) SE Project, Facade Grants
28) SE Project, Infrastructure
29) Mini-Grants Melrose/Rugby
30) Mini-Grants Loudon/Melrose
31) Mini-Grant Old Southwest, Inc.
32) Neighborhood Development
Grants
33) Mini-Grant Loudon/Melrose
34) Neighborhood Development-
Lead Based
(035-G04-0420-5003) $125,000
035-G04-0420-5374) 55,000
035-G04-~420-5375) 15,000
035-G04-0420-5057) 26,800
035-G04-0420-5080) 67,000
035-G04-0420-5108) 90,000
035-G04-0420-5354) 119,796
035-G04-0420-5382) 23,000
035-G04-0420-5383) 31,653
035-G04-0420-5369) 75,000
035-G04-0420-5376) 140,000
035-G04-0420~5378) 30,000
(035-G04-0420~5396) 200,000
(035-G04-0420-5397) 150,000
(035-G04-0420-5398) 151,771
(035-G04-0420-5399) 100,000
(035-G04-0420-5400) 20,000
(035-G04-0420-5401) 25,000
(035-G04-0421~5284) 10,000
(035-G04-0421-5402) 15,000
(035-G04~0421-5403) 5,000
(035-G04-0421-5404) 50,000
(035-G04-0421-5405) 40,000
(035-G04-0430-5021) 70,350
(035-G04-0430-5135) 257,737
(035-G04-0437-5406) 50,000
(035-G04-0437-5407) 100,000
(035-G04-0437-5408) 370,000
(035-G04~0437-5249) 2,000
(035-G04-0437-5257) 1,600
(035-G04-0437-5409) 1,870
(035-G04-0437-5028) 9,885
(035-G04-0437-5245) 10,000
(035-G04-0437-5361) 10,000
35)
36)
37)
38)
39)
40)
41)
42)
43)
44)
45)
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
66
67
68
69
7O
Melrose/Rugby
Neighborhood Forum - NDG
Northwest Neighborhood
Improvement - NDG
Empowering Individuals
With Disabilities
Apple Ridge Farm
City-Wide Youth Program
Emergency Assistance Fund
West End Center
YMCA - Hurt Park
Resource Mothers
Business Training Initiative -
FDETC
CHIP Family
Strengthening Support
YWCA Youth Club
Presbyterian Family Services
Individual Development
Account
SE Healthcare Transportation
Summer Camp Scholarship -
B&G
Hotel Roanoke 108 Interest
Hotel Roanoke 108 Interest
Unprogrammed CDBG Other
Unprogrammed CDBG RRHA
Connect Four SI:
Connect Four - CHDO Project
SE
Connect Four Operating SE
Connect Four Administration
SE
Southeast Pilot Project
Southeast Pilot Project -
Administration
Washington Park/Hope VI
Washington Park/Hope VI
Administration
Connect Four SE
Connect Four SE
Connect Four SE
Consolidated Rehabilitation
Loans RRHA
Unprogrammed - HOME
Connect Four SE
ESG - Trust
ESG - RAM House
(035-G04-0437-5410) $ 10,000
(035-G04-0437-5411 ) 4,645
035-G04-0438-5057) 16,750
035-G04-0438-5084) 17,420
035-G04-0438-5153) 16,750
035-G04-0438-5158) 35,000
035-G04-0438-5160) 17,886
035-G04-0438-5169) 32,297
035-G04-0438-5222) 20,000
(035-G04-0438-5263) 16,750
(035-G04-0438-5299) 17,699
(035-G04-0438-5350) 16,750
(035-G04-0438-5372) 50,000
(035-G04-0438-5412) 33,442
(035-G04-0438-5413) 18,000
(035-G04-0438-5414)
(035-G03-0330-5135)
(035-G02-0230-5135)
(035-G02-0240-5189)
(035-G02-0240-5197)
(035-090-5311-5386)
(035-090-5311-5384)
(035-090-5311-5385)
(035-090-5311-5387)
(035-090-5311-5379)
(035-090-5311-5380)
(035-090-5311-5283)
(035-090-5311-5381)
(035-090-5325-5386)
(035-090-5309-5386)
(035-090-5324-5386)
(035-090-5309-5333)
(035-090-5324-5320)
(035-090-5324-5386)
(035-630-5174-5251)
(035-630-5174-5252)
25,200
275,946
20,824
1,703)
19,121)
220,430
113,957
11,396
8,933
210,000
20,000
180,000
20,000
41,329
5,895
8,463
5,895)
8,463)
17,413
30,260
16,840
71) ESG - TAP Transitional
Living Center
72) ESG - Roanoke Valley
Interfaith Hospitality Network
73) CDBG - Entitlement
74) Other Program Income -
RRHA
75) Lease Payment- Cooper
Industries
76) Sands Woody Loan
Repayment
77) TAP - SRO Loan Repayment
78) Homeownership Assistance
Atlantic
79) Lagniappe Loan Repayment
80) Downtown Associates
81) Hotel Roanoke Section 108
Loan Repayment
82) Rental Rehabilitation
Repayment
83) Homeownership Assistance
Atlantic
84) Hotel Roanoke Section 108
Loan Repayment
85) HOME Federal 03-04
86) HOME Program Income-
FY04
87) HOME Program Income -
FY03
88) HOME Program Income-
First Union FY02
89) HOME Program Income -
RRHA FY02
90) Emergency Shelter
Grant FY 04
(035-630-5174-5253) $ 20,000
(035-630-5174-5254) 9,900
(035-G04-0400-2401) 2,207,000
(035-G04-0400-2403) 15,000
(035-G04-0400-2406) 13,333
(035-G04-0400-2417) 6,722
(035-G04-0400-2420) 5,618
(035-G04-0400-2422) 15,000
(035-G04-0400-2431) 7,620
(035-G04-0400-2433) 1,758
(035-G04-0400-2434) 500,000
(035-G04-0400-2440) 25,000
(035-G03-0300-2222) 7,744
(035~G03-0300-2234) 268,202
(035-090-5311-5311) 759,716
(035-090-5326-5326) 25,000
(035-090-5325-5325) 41,329
(035-090-5324-5320) 16,612
(035-090-5324-5324) 801
(035-630-5174-5175) 77,000
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
June 16, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Council Member, 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 of 2003-2004
Community Development
Block Grant (CDSG),
HOME Investment
Partnerships Program
(HOME) and Emergency
Shelter Grant (ESG)
Program Funds
Background:
CDBG, HOME and ESG funds provide for a variety of activities ranging from housing and
community development to homelessness prevention and economic development through
the U.S. Department of Housing and Urban Development (HUD). The City has received
these entitlement grant funds for over twenty years and must reapply annually to HUD to
receive such funding. On May 12, 2003, by Resolution No.36326-051203, City Council
authorized filing the three separate funding applications as part of approving the
submission of the Annual Update to the Consolidated Plan to HUD.
Considerations:
The funding release process is underway, and HUD's letter of approval is fo,dhcoming,
granting the City access to its 2003-2004 CDBG, HOME and ESG entitlement of
Honorable Mayor and Members of Council
June 16, 2003
Page 2
$3,043,716. In addition, $369,870.00 unexpended from prior year accounts and $615,051
in anticipated program income is also included in this appropriation for FY 2003-2004
activities. Acceptance of these funds and appropriation to the accounts indicated in
Attachments 1, 2, and 3 are needed to permit projects to proceed. Acceptance of the
2003-2004 HOME entitlement requires $89,923 in local match; however, no outlays of City
funds will be needed to meet this requirement.
Recommended Actions:
Adopt a resolution accepting the 2003-2004 CDBG, HOME and ESG entitlement
funds as detailed below, contingent upon receipt of the approval letter from
HUD;
CDBG 2003-04 Entitlement
HOME 2003-04 Entitlement
ESG 2003-04 Entitlement
TOTAL
$2,207,000
759,716
771000
$3,043,716
Authorize the City Manager to execute the required Grant Agreements, Funding
Approval, and other forms required by HUD in order to accept the funds,
approved as to form by the City Attorney;
Appropriate $3,043,716 entitlement and $615,051 in anticipated program
income to revenue and expenditure accounts in the Grant Fund to be
established by the Director of Finance, as detailed in Attachment 1,2, and 3;
a. Increase the revenue estimates in the following CDBG revenue accounts:
Home Ownership Assistance 035-G03-0300-2222 by$ 7,744
Hotel Roanoke 108 Loan Repay 035-G03-0300-2234 by $268,202
b. Appropriate the funds listed in 4.a. to the following CDBG expenditure
accounts:
Hotel Roanoke 108 Loan Repay 035-G03-0330-5135 $275,946
Honorable Mayor and Members of Council
June 16, 2003
Page 2
a. Increase the revenue estimates in the following HOME revenue accounts:
HOME - FY 02 035-090-5324-5320
HOME - PI - FY 02 035-090-5324-5324
HOME - PI - FY 03 035-090-5325-5325
by $16,612
by $ 801
by $41,329
b. Appropriate the funds listed in 5.a. to the following HOME expenditure
accounts:
Connect Four SE
Connect Four SE
035-090-5324-5386 by $17,413
035-090-5325-5386 by $41,329
Transfer $35,182 in CDBG, HOME and ESG accounts from prior years to
projects included in the 2003-2004 CDBG, HOME and ESG programs, detailed
in Attachments 1, 2, and 3.
Respectfully submitted,
City Manager
DLB:vst
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
CM03-00107
ITEMIZED EXPENDITURES FOR HOME FISCAL YEAR 2003-2004
Account No. Item Description Amount
EXPENDITURES
035-090-5311-5386 Connect Four SE $220,43C
035-090-5311-5384 Connect Four SE (CHDO Project) $113,957
035-090-5311-5385 Connect Four SE (CHDO Operating) $11,396
035-090-5311-5387 Connect Four SE (HOME Admin.) $8,933
035-090-5311-5379 Southeast Pilot Project $210,000
035-090-5311-5380 Southeast Pilot Project (HOME Admin.) $20,000
035-090-5311-5283 RRHA Washington Park Housing Enhancement $180,000
035-090-5311-5381 RRHA Washington Park Housing Enhancement (HOME Admin) $20,000
TOTAL EXPENDITURES $784,716
REVENUE
035-090-5311-5311 HOME Entitlement $759,716
035-090-5326-5326 HOME Program Income FY04 $25,00~
TOTAL REVENUE $784,718
HOME ACCOUNT TRANSFERS
INCREASE
035-090-5309-5386 Connect Four SE $5,895
035-090-5324-5386 Connect Four SE $8,463
Total Transfer Increase $14,358
DECREASE
035-090-5309-5333 Consolidated Rehab Loans $5,893
035-090-5324-5320 Consolidated Rehab Loans $8,463
Total Transfer Decrease $14,358
INCREASE REVENUE ESTIMATES
035-090-5324-5320 HOME - FY 02 $16,612
035-090-5324-5324 HOME PI-FY02 $801
035-090-5325-5325 HOME PI-FY03 $41,329
Total Revenue Increase $58,74?
APPROPRIATE TO:
035-090-5324-5386 Connect Four SE $17,413
035-090-5325-5386 Connect Four SE $41,329
Total Appropriation $58,742
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-236
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. 36379-061603 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for transfer of grant match
funds, in the amount of $100,000.00, in connection with grant writing services by Randall
Funding and Development, Inc.; and dispensing with the second reading by title of the
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
Sherman M. Stovall, Budget Administrator
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36379-061603.
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 $ 162,692
Local Match Funding for Grants (1) ...................................................... 100,000
Revenues
General Government $ 162,692
Local Match Funding for Grants (2) ...................................................... 100,000
1) Local Match Funding
For Grants (035-300-9700-5415) $ 100,000
2) Local Match Funding
For Grants (035-300-9700-5207) 100,000
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 RO_../INOKE
Office of the C~ty Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-236
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,
June 16, 2003, Council Member Cutler requested information on the contract amount with
Randall Funding and Development, Inc., and a summary of grants received by the City as
a result of the contract.
Mary F. Parker, CMC
City Clerk
MFP:mh
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
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
June 16, 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:
Transfer of Grant Match
Funds
Background:
On Mamh 29, 2002 City Council authorized the City Manager to enter into a
contract with Randall Funding and Development, Inc. (RFD) to provide grant
search and grant writing services, in an effort to support this initiative, on
September 16, 2002 City Council also authorized the appropriation of $100,000
from Capital Maintenance and Equipment Replacement (CMERP) funds to be set
aside strictly for the purpose of providing necessary matching funds as grant
opportunities arose. These funds were appropriated in the General Fund in
account 001-250-9310-9535, Transfer to Grant Fund, and the funds are available
to be transferred to the Grant Fund.
Currently, RFD has been authorized to write and submit more than $4.4 million of
grant opportunities. To date, proceeds have been awarded in the total amount of
$789,207. Matching funds are anticipated to be needed for two grant
opportunities currently in the process of being written. In anticipation of this need,
Council is asked to appropriate these CMERP funds into an appropriate account
for the purpose of making the matching funds available for use after June 30,
2003.
Considerations:
City Council authority is needed to appropriate these funds and authorize the
Director of Finance to establish a revenue estimate and appropriate funding to
reserve the funds as a source for matching funds as needed for grant
opportunities.
Recommended Action:
Authorize the Director of Finance to establish a Transfer from General Fund
revenue estimate in the amount of $100,000 and appropriate funding in the same
amount to an account to be established in the Grant Fund entitled "Local Match
Funding for Grants". This account may be used as grants are awarded to provide
local match to specific grants.
Respectfully submitted,
Darlene L. BtSr~am
City Manager
DLB:acm
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
Sherman M. Stovall, Budget Administrator
CM03-00112
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #5-24-316-442
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. 36380-061603 amending the Code of the City of
Roanoke (1979), as amended, by adding a new Article VII, Mopeds, Bicycles and Electric
Power-Assisted Bicycles, to Chapter 20, Motor Vehicles and Traffic; effective July 1,2003;
and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Sincerely,
Mary F.
City Clerk
CMC
MFP:mh
Attachment
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
Dadene L. Bu~ham
June 23, 2003
Page 2
pc:
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
Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
The Honorable David C. Anderson, City Treasurer
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
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
H:~Agenda.03~June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
Ro. 36380-061603.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended,
by adding a new Article V~I, Mopeds, Bicycles and Electric Power-Assisted Bicycles, to
Chapter 20, Motor Vehicles and Traffic~ providing for an effective date; 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 Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained by the addition of new Article VII, Mopeds, Bicycles and Electric Power-Assisted
Bicycles, to Chapter 20, Motor Vehicles and Traffic, to read and provide as follows:
ARTICLE VII
MOPEDS, BICYCLES AND ELECTRIC POWER-ASSISTED BICYCLES
§20-131. Definition, age of operation.
The term "bicycle" as used in this chapter, means any device propelled
solely by human power, having pedals, two or more wheels, and a seat
height of more than twenty-five inches from the ground when adjusted to
its maximum height (a recumbent device shall be deemed a bicycle
regardless of seat height).
The term "electric power-assisted bicycle" as used in this chapter means a
bicycle equipped with an electric motor that reduces the pedal effort
required of the rider, but does not eliminate the rider's need to pedal. For
purposes of this article, an electric power-assisted bicycle shall be a
vehicle when operated on a street.
The term "moped" is defined as a conveyance that is either (a) a bicycle-
like device with pedals and a helper motor which is rated at no more than
two (2) brake horsepower and produces speeds up to a maximum of thirty
(30) miles per hour or (b) a motorcycle with an engine displacement of
fifty (50) cubic centimeters or less and a maximum speed of less than
1
H:XMeasures\Code Amendment Mopeds.doe
thirty (30) miles per hour. For purposes of this article, a moped shall be a
vehicle when operated on a street.
No person under the age of sixteen (16) years shall operate a moped on
any street in the city.
§20-132. Penalties.
Any person who shall remove, change, alter or mutilate any electric
power-assisted bicycle or moped frame number in violation of section 20-
141 of this article shall be deemed guilty of a class 3 misdemeanor; and
except as otherwise provided herein, any person who shall violate any
other provision of this article shall be deemed guilty of a traffic infraction
which shall be punishable by a fine of not more than two hundred dollars
($200.00).
{}20-133. Sale, rental of electric power-assisted bicycles and mopeds--
Information required.
Information regarding the sale or rental of electric power-assisted bicycles
and mopeds shall be available to the chief of police upon the chiefs
request from vendors and lessors of electric power-assisted bicycles and
mopeds.
§20-134. Summons.
Whenever any police or other officer charged with the duty of enforcing
this article shall discover any person violating any of the provisions of this
article, such officer shall take the name and address of such person and
issue a summons to or otherwise notify such person in writing, if such
person be under eighteen (18) years of age, to appear before the judge of
the juvenile and domestic relations court of the city and if such person be
eighteen (18) years of age or over, to appear before the general district
court of the city, at a time to be specified in such summons or notice, to be
there dealt with according to the provisions of this article and the laws of
the state applicable thereto.
Division 2. Registration.
{}20-135. Required for mopeds.
It shall be unlawful for any person who resides in the city to operate or use
a moped upon any of the streets of the city, or for any parent or guardian
to allow any person under the age of eighteen (18) years, who resides in
the city, to operate or use a moped upon any of the streets of the city
unless such moped has been properly registered as hereinafter provided.
2
H:~vleasures\Code Amendment Mopeds.doc
§20-136. When due.
Any person acquiring a moped shall have the same registered, or if
registered, have the registration thereof transferred to such person, within
fifteen (15) days after the acquisition thereo£ Those persons who own
mopeds when this ordinance becomes effective shall have sixty (60) days
from the effective date in which to register their mopeds.
§20-137. Application.
The registration of mopeds shall be upon written application therefor made
to the chief of police or his or her designee on forms prescribed by the
chief of police or his or her designee, and shall be made by the owner
thereof, or, if owner is under eighteen (18) years of age, the same may be
made for him by his or her parents or guardian.
§20-138. Fees.
When a moped is registered, there shall be paid as a fee the sum of five
dollars ($5.00). When the registration is changed fi.om one person to
another or fi.om one moped to another, there shall be paid the sum of five
dollars ($5.00). When a number plate or tag is issued to replace one that
has been mutilated, lost, stolen or misplaced, there shall be paid the sum of
one dollar ($I.00). Such sums shall be paid to the City Treasurer, and
shall be used for the purpose of defraying the costs and expenses incident
to the registration of such mopeds and carrying out the provisions of this
article.
§20-139. Issuance of card, tag.
Upon proper application for registration of a moped, and the payment of
the registration fee required by this article, the chief of police or his or her
designee shall issue to the applicant a registration card and a number plate
or tag, in such form as shall be prescribed by the chief of police or his or
her designee. The number plate or tag shall be provided by the city at no
cost to the applicant.
§20-140. Disnlav oftao.
The number plate or tag issued under the provisions of this article shall be
kept securely fixed in a conspicuous place on the rear of the flame of the
moped for which the same was issued.
3
H:~vlcasures\Code Amendment Mopeds. doc
§20-141. Change in frame number.
It shall be unlawful for any person to remove, change, alter or mutilate any
electric power-assisted bicycle or moped frame number; provided,
however, that when any moped is registered hereunder and it appears that
the frame number has become obliterated or is illegible, or that the same
has no frame number, the chief of police or his or her designee may place
or cause to be placed a frame number thereon for registration purposes.
§20-142. Records.
The chief of police or his or her designee shall keep a complete record of
all mopeds registered pursuant to this article, showing the name and
address of the owner thereof, the make, class and frame number of such
moped, the number of the registration plate or tag issued therefor, and
such other information as the chief of police or his or her designee may
prescribe.
§20-143. Lost or mutilated number plates or tags.
When any number plate or tag is badly mutilated, lost, stolen or misplaced
and cannot be found, upon satisfactory evidence of such fact being
presented to the chief of police or his or her designee, the chief of police
shall issue another number plate or tag, and shall change the registration of
such moped accordingly.
§20-144. Transfer generally.
It shall be unlawful for any person to attach any number plate or tag issued
under the provisions of this article to any moped other than the one for
which the same was issued.
§20-145. Transfer of ownership.
When any moped registered under the provisions of this article shall be
transferred to another, the same shall be reported to the chief of police or
his or her designee, together with the name and address of the person to
whom the moped was transferred and the registration thereof shall be
changed accordingly.
§20-146. Impoundment of abandoned or unregistered electric power-
assisted bicycles and mopeds.
(a) Any moped found without a number plate or tag issued
pursuant to section 20-139 of this article and unattended shall be deemed
abandoned. If a reasonable attempt to locate the owner or user in the
4
H:~VIeasures\Code Amendment Mopeds.doc
immediate vicinity of the moped fails to produce such owner or user, any
moped so abandoned shall be taken into custody and impounded by the
chief of police or any officer of the police department.
(b) Any unattended electric power-assisted bicycle found under
such times and circumstances that indicate it has been lost or stolen shall
be deemed abandoned. Ifa reasonable attempt to locate the owner or user
in the immediate vicinity of the electric power-assisted bicycle fails to
produce the owner or user, any electric power-assisted bicycle so
abandoned shall be taken into custody and impounded by the chief or
police or any officer of the police department.
(c) No abandoned electric power-assisted bicycle or moped shall
be released or removed from impoundment except upon satisfactory
showing of ownership and, in the case of mopeds, display of a city
registration certificate and proper display of a tag or number plate by the
owner or an agent of the owner.
(d) If an abandoned electric power-assisted bicycle or moped is not
reclaimed within thirty (30) days from the date of impounding, the chief of
police or the chief's agent shall provide for the public sale or donation to a
charitable organization of such bicycle or moped.
(e) Any bicycle, electric power-assisted bicycle or moped found
and delivered to the police department by a private person which
thereafter remains unclaimed for thirty (30) days after the final date of
publication as required herein may be given to the finder; however, the
location and description of the bicycle or moped shall be published at least
once a week for two successive weeks in a newspaper of general
circulation in the city. In addition, if there is a license tag affixed to the
bicycle, electric power-assisted bicycle or moped, the record owner shall
be notified directly.
{}20-147. Impoundment ofunregis~;ered mopeds.
(a) When any police officer or other officer charged with the duty
of enforcing this article shall discover any unregistered moped in any
public place in the possession or control of any person, the officer may
take custody of such moped and impound the same. Any moped so
impounded shall be released only upon a satisfactory showing of
ownership, payment of five dollars ($5.00) for storage charges, and proper
registration and display ora tag or number plate by the owner or an agent
of the owner.
5
H:XMeasures\Code Amendment Mopeds.doc
(b) Any juvenile whose moped is impounded pursuant to this
section shall be escorted forthwith to his or her place of residence or other
appropriate place.
(c) An officer impounding a moped under this section shall inform
the person from whom possession or control of the moped was removed of
the provisions of this section. Upon the taking of the moped into the
officer's possession, the officer shall mail or hand-deliver a notice
containing the provisions of this section. In the case of a juvenile, such
notice shall be mailed or hand-delivered to the juvenile's parent or
guardian.
(d) If any moped impounded under this section is not reclaimed
within thirty (30) days from the date of impounding, the chief of police or
an agent of the chief of police shall cause the moped to be sold or donated
in accordance with section 20-146(d) of this article.
Division 3. Operation.
§20-148. Compliance with traffic signals.
Every person tiding a bicycle, electric power-assisted bicycle or moped
over any public street shall comply with all traffic signs, signals and lights
and with all directions by voice, hand or otherwise, given by any officer of
the police department and shall have all of the rights and duties applicable
to the driver of a motor vehicle, unless the context of the city code clearly
indicates otherwise.
§20-149. Hand on handlebars.
No person shall ride a bicycle, electric power-assisted bicycle or moped on
any street without having at least one of his or her hands upon the
handlebars and no person operating a bicycle or moped on a street shall
carry any package, bundle, or article which prevents the driver from
keeping at least one hand on the handlebars.
§20-150. Riding on sidewalks.
No person shall tide a bicycle, electric power-assisted bicycle or moped
upon any sidewalk or cross a roadway on a crosswalk, whether paved or
unpaved, in the city.
6
H:Wieasures\Code Amendment Mopeds. doc
{}20-151. Reckless riding.
No person shall ride a bicycle, electric power-assisted bicycle or moped
recklessly or at a speed or in a manner so as to endanger the life, limb or
property of the rider or of any other person.
§20-152. Carrying other persons.
No person riding a one-seated bicycle or electric power-assisted bicycle
shall carry any additional person on the same.
§20-153. Holding on to moving vehicle.
No person riding a bicycle, electric power-assisted bicycle or moped shall
take or catch hold of or attach the same or himself to any moving
automobile, bus or other vehicle of any kind upon any street, for the
purpose of being drawn or propelled by the same.
§20-154. Hand signals.
Before turning or altering the course of operation of any bicycle or electric
power-assisted bicycle, the operator thereof shall give signals by extension
of the hand to indicate the direction in which it is intended to proceed.
Operators of mopeds shall use the electronic signaling devices that the
moped is equipped with before turning or altering course of operation. If
operating a moped with malfunctioning signal devices, or no signaling
devices, the operator shall use hand signals.
§20-155. Method of riding.
Every person riding a bicycle, electric power-assisted bicycle or moped on
any street shall keep as close as practicable to the right-hand side of the
roadway, except under any of the following circumstances:
When overtaking and passing another vehicle proceeding in the
same direction;
When preparing for a left turn at an intersection or into a private
road or driveway; and
When reasonably necessary to avoid conditions including, but not
limited to, fixed or moving objects, parked or moving vehicles,
pedestrians, animals, surface hazards, or substandard width lanes
that make it unsafe to continue along the right curb or edge.
7
H:XMeasures\Code Amendment Mopeds.doc
For purposes of this section, a "substandard width lane" is a lane too
narrow for a bicycle, electric power-assisted bicycle or moped and another
vehicle to pass safely side by side within the lane.
Persons riding bicycles or electric power-assisted bicycles on a street shall
not ride two or more abreast except on paths or parts of streets set aside
for the exclusive use of bicycles. Mopeds shall not ride on paths or parts
of streets set aside for the exclusive use of bicycles. Persons riding
mopeds on a street shall not ride two or more abreast.
{}20-156. Brakes.
Every bicycle, electric power-assisted bicycle or moped operated on any
street shall be equipped with adequate brakes.
{}20-157. Lamps.
Every bicycle, electric power-assisted bicycle or moped when in use
between sunset and sunrise shall be equipped with a lamp on the front
which shall emit a white light visible in clear weather from a distance of at
least five hundred (500) feet to the front and with a red reflector on the
rear of a type approved by the chief of police or his designee which shall
be visible from all distances in clear weather from fifty (50) feet to three
hundred (300) feet to the rear when directly in front of lawful upper beams
of head lamps on a motor vehicle. A lamp emitting a red light visible in
clear weather from a distance of five hundred (500) feet to the rear may be
used in lieu of or in addition to the red reflector. Such lights and reflector
shall be of types approved by the chief of police or his or her designee.
{}20-158. Riding out of lanes, alleys and driveways.
Every person riding a bicycle, electric power-assisted bicycle or moped
out of a lane, alley or private driveway across a sidewalk or sidewalk area
shall first bring such bicycle, electric power-assisted bicycle or moped to a
stop before crossing such sidewalk or sidewalk area.
§20-159. Law enforcement officers.
(a) Any law-enforcement officer of the city, operating a bicycle,
electric power-assisted bicycle or moped during the course of his or her
duties, shall be exempt from the provisions of this division.
(b) Any bicycle, electric power-assisted bicycle or moped being
operated by a law-enforcement officer of the city, during the course of his
or her duties, shall be deemed to be a law- enforcement vehicle and shall
have the same rights and privileges as any other law-enforcement vehicle
8
H:hMeasures\Code Amendmenl Mopeds. doc
when the bicycle or moped is being operated in response to an emergency
call, while engaged in rescue operations or in the immediate pursuit of an
actual or suspected violator of the law.
§20-160. Requirement of safety equil>ment for mopeds
(a) Any person who operates a moped on a public street shall wear
a face shield, safety glasses, or goggles of a type approved by the
superintendent of the Virginia State Police, or have the moped equipped
with safety glass or a windshield at all times while operating such moped,
and operators and passengers thereon, if any, shall wear a protective
helmet of a type approved by the superintendent of the Virginia State
Police.
(b) Any person who knowingly violates this section shall be guilty
of a traffic infraction and be subject to a fine of not more than fifty dollars
($50.00).
(c) A violation of this section shall not constitute negligence, be
considered in mitigation of damages of whatever nature, be admissible in
evidence or be the subject of comment by counsel in any action for the
recovery of damages arising out of the operation, ownership, or
maintenance of a moped, nor shall anything in this section change any
existing law, rule, or procedure pertaining to any civil action.
§20-161. Persons riding upon mopeds
No person other than the operator thereof shall ride upon a moped unless
such moped is designed to carry more than one (1) person, in which event
a passenger may ride upon a separate and permanent seat attached thereto;
provided, however, that such moped is also equipped with a footrest for
such passenger. A violation of this section shall constitute a traffic
infraction punishable by a fine of not more than two hundred dollars
($200.00).
2. This ordinance shall be in full force and effect on and after July 1, 2003.
3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
9
H:XMeasures\Code Amendmen! Mopeds.doc
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
June 16, 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:
Background:
Subject: Mopeds, Bicycles and Electric
Power-Assisted Bicycles Ordinance
Currently available mopeds have greater power than the mopeds of years past and
have become popular among teens in our City. These higher powered mopeds are
frequently operated on City streets by juveniles who have not received driver training.
The improper use of mopeds causes serious traffic problems as well as unnecessary
accidents. The Police Department has investigated moped accidents which would have
been preventable with proper operation of the moped. Due to the lack of a registration
system for mopeds, the Police Department continues to experience difficulty
investigating reported thefts of these mopeds. Additionally, mopeds are often used as a
method of trafficking drugs.
Code of Virginia sections 15.2-1720 and 46.2-915.2 enable municipalities to implement
local regulations governing the operation and registration of mopeds. The City Attorney
has drafted an ordinance which provides for the regulation of mopeds and electric
power assisted bicycles. The proposed ordinance will help the Police Department track
the operation and ownership of mopeds, especially those that are operated recklessly or
used in illegal drug trade. The implementation of the ordinance will be July 1, 2003 with
an effective date delayed sixty days to allow effective registration and education.
This ordinance requires receiving monies and processing paperwork associated with
the registration of the moped. There will be a five dollar ($5.00) registration fee for
mopeds. When the registration is changed from one person to another or from one
The Honorable Mayor and Members of City Council
June 16, 2003
Page 2
moped to another, there will be a fee of five dollars ($5.00). When a number plate or
tag is issued to replace one that has been mutilated, lost, stolen or misplaced, there will
be a fee of one dollar ($1.00). When any police officer or other officer charged with the
duty of enforcing the ordinances of the city discover an unregistered moped in any
public place in the possession or control of any person, the officer may take custody of
such moped and impound it. Impounded mopeds will be released only after showing
satisfactory proof of ownership, payment of five dollars ($5.00) for storage charges, and
proper registration and display of a tag or number plate by the owner or an agent of the
owner. Fees will be collected for the purpose of defraying the costs and expenses
incident to the registration of such mopeds and carrying out the provisions of Chapter
20, Motor Vehicles and Traffic.
Recommended Actions:
Amend the Code of the City of Roanoke (1979), as amended, by adding a new Article
VII, Mopeds, Bicycles and Electric Power-Assisted Bicycle.~ to Chapter 20, Motor
Vehicles and Traffic. Authorize the Office of the City Treasurer and the Police
Department to establish procedures for the registration of mopeds.
Respectfully submitted,
Darlene L. BLYrch"am
City Manager
DLB:wa
C~
David C. Anderson, City Treasurer
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda B. Russell, Assistant City Manager
A. L. Gaskins, Chief of Police
CM03-00116
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-72-304
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. 36381-061603 amending and reordaining certain
sections of the 2002-03 General Fund Appropriations, providing for appropriation and
transfer of funds in connection with the Comprehensive Services Act Supplemental
Allocation; and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 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
Vickie L. Price, Acting Director, Human Services
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
tN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36381-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
General 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 Funds Appropriations be, and the same are hereby, amended
and reordained to read as follows, in part:
Appropriations
Health and Welfare $ 28,021,092
Comprehensive Services Act (1-2) ....................................................... 8,972,339
Nondepartmental $ 75,200,122
Contingency-General Fund (3) ............................................................. (1,199,849)
Revenues
Grants-In-Aid-Commonwealth $ 46,419,701
Social Services (4) ................................................................................ 20,518,768
1) Family Foster Care IV-
E Children
2) FosterCare Not in 3183
3) Salary Lapse
4) CSA-State
Supplemental
(001-630-5410-3182) $ 343,403
(001-630-5410-3191) 228,936
(001-300-9410-1090) (175,823)
(001-110-1234-0692) 396,516
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
June 16,2003
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:
Comprehensive Services
Act Supplemental
Allocation
Background
The Comprehensive Services Act (CSA) established in 1993, provides residential
and non-residential treatment services to troubled and at-risk youth and their
families through a collaborative system of state and local agencies, parents and
private sector providers. These services include mandated foster care, certain
special education services, and foster care prevention. CSA also provides
services to certain targeted non-mandated populations.
Considerations:
CSA expenditures are projected at $8,972,339. These expenditures exceed the
CSA appropriation of $8,400,000 by $572,339 and require an additional local
share in the amount of $175,823. Three hundred ninety six thousand five
hundred sixteen dollars ($396,516) of the additional expense will be reimbursed
by the State. Expenditures are over budget due to an increase in the number of
children requiring intensive specialized foster care.
Honorable Mayorand Members of Council
June 16, 2003
Page 2
Recommended Action:
· Increase the General Fund Revenue estimate by $396,516 to CSA
Revenue Account Number 001-110-1234-0692
· Transfer funds in the amount of $175,823 for the local share from
personnel lapse account 001-300-9410-1090.
· Appropriate funding in the amount of $572,339 to the following accounts:
001-630-5410-3182
001-630-5410-3191
$343,403
228,936
DLB:rji
C:
Respectfully submitted,
City Manager
Mary F. Parker, City Clerk
William M. Hackwodh, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Vickie L. Price, Acting Director of Human Services
Rolanda B. Russell, Assistant City Manager for Community Development
#CM03-00119
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #17-60
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36382-061603 amending and reordaining certain
sections of the 2002-03 General and Civic Center Funds Appropriations, providing for
transfer of $35,000.00, in connection with the 2003 Virginia Municipal League Conference
to be hosted by the City of Roanoke on October 19 - 21, 2003; and dispensing with the
second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 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
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36382-061603.
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) .....................................................................
Contingency - General Fund (2) ..............................................................
Civic Center Fund
Appropriations
Capital Outlay $ 4,965,862
Virginia Municipal League FY04 (3-4) ..................................................... 50,000
Revenues
Nonoperating $ 1,840,185
Virginia Municipal League FY04 (5-6) ..................................................... 50,000
1 ) Transfer to
Civic Center Fund (001-250-9310-9505) $ 35,000
2) Electrical Rate
Contingency (001-300-9410-2198) (35,000)
3) Appropriated from
General Revenue (005-550-8601-9003) 35,000
4) Appropriated from
Third Party (005-550-8601-9004) 15,000
75,200,122
74,903,947
(1,234,849)
5) Transfer from
General Fund
6) Virginia Municipal League
(005-110-1234-0951)
(005-110-1234-1363)
$ 35,000
15,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
June 16,2003
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: Virginia Municipal League
Conference
Background:
Roanoke will host the 2003 Virginia Municipal League Conference October 19th-
21st, and a staff team is now planning a memorable event for conference
attendees. The Conference was held in Roanoke previously in 1996 and 1998
and, on both occasions, expenses totaling approximately $50,000 were incurred.
A similar budget needs to be established for the 2003 event.
Considerations:
The Virginia Municipal League will provide $15,000 in financial support to
Roanoke as the host locality.
Recommended Action:
Transfer $35,000 from account 001-300-9410-2198 to a new multi-year account
to be established in the Civic Facilities Fund by the Director of Finance; establish
a revenue estimate of $15,000 for financial support from the Virginia Municipal
League and appropriate an additional $15,000 to the same multi-year account,
for a total budget of $50,000.
Respectfully submitted,
Darlene L. B~am
City Manager
DLB:blk
Attachments
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CM03-0113
Mary F. Parker, CMC
City Clerk
CITY OF ROANOKE
Office of the City Clerk
June 23, 2003
File #60-236-240
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. 36384-061603 accepting the Urban and Community
Forestry Grant from the Virginia Department of Forestry, in the amount of $15,000.00, and
authorizing execution of the necessary documents.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
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
Steven C. Buschor, Director, Parks and Recreation
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
lqo. 3638/4-061603.
A RESOLUTION accepting the Urban and Community Forestry Grant from the
Virginia Department of Forestry, and authorizing the execution of the necessary documents.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts the Urban and Community Forestry Grant from the
Virginia Department of Forestry in the amount of $15,000.00.
2. The City Manager and the City Clerk are hereby authorized on behalf of the
City to execute and attest, respectively, all necessary and appropriate agreements with the
Virginia Department of Forestry, or any other party, for the City's acceptance of this grant,
upon form approved by the City Attorney, as more particularly set forth in the City Manager's
letter, dated June 16, 2003, to this Council.
ATTEST:
City Clerk.
N:/CAPS\RESOLUTIONS~R-GRANT-FORESTRy061603 DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-236-240
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. 36383-061603 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$15,000.00, in connection with implementation of the Urban Forestry Plan; and dispensing
with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F.
City Clerk
CMC
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36383-061603.
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 $ 255,516
Urban and Community Forestry Plan (1) ................................................. 15,000
Revenues
Parks, Recreation and Cultural $ 255,516
Urban and Community Forestry Plan (2) ................................................. 15,000
1 ) Temporary
Employee Wages (035-620-4344-1004) $ 15,000
2) Federal Grant Receipt (035-620-4344-4344) 15,000
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
June 16,2003
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 of Grant for
Implementation of Urban
Forestry Plan
Backg~und:
On April 21, 2003, City Council adopted the Urban Forestry Plan as an Element
of Vision 2001-2020. The former is a ten-year plan designed to help the City
manage its urban forest for maximum benefit of the City's environment,
economy, and quality of life.
The plan was prepared with financial assistance from the Virginia Department of
Forestry. In March 2003, the City applied for additional funding from that agency
to fund the first year of plan implementation. On April 18, 2003, the City was
notified by the Virginia Department of Forestry that a $15,000 grant will be
awarded to the City upon completion of a Memorandum of Agreement
(Attachment 1).
The grant will allow for continuation of the temporary Urban Forestry Planner
position on a part-time basis until May 15, 2004. This staff person will continue to
work with the City's Urban Forester in the Department of Parks and Recreation.
Considerations:
The $15,000 Urban and Community Forestry Grant is a federal grant, sponsored
by the National Forest Service and administered by the Virginia Department of
Honorable Mayor and Members of Council
June 16, 2003
Page 2
Forestry. Funds are awarded on a reimbursement basis after verification of the
local match. The majority of the City's matching funds will be 680 hours of staff
time ($15,075) provided by the Urban Forester. For the remainder of the match,
the City will provide $2,804 in temporary wages for 180 hours of work by the
temporary Urban Forestry Planner in addition to $2,200 for printing of the plan.
Project activities to be undertaken include: (a) Community Outreach
public/private partnerships and community involvement; (b) Ordinance Revisions
and Administration - revision of the public tree ordinance and applicable sections
of the zoning ordinance; and (c) Tree Plantin.q and Protection - tree planting,
forest preservation, interdepartmental cooperation, and work with other
government agencies and major property owners.
Recommended Action:
Accept the Urban and Community Forestry Grant in the amount of $15,000 and
authorize the City Manager and City Clerk to execute and attest, respectively, an
agreement with the Virginia Department of Forestry and any other forms
necessary to accept such grant, approved as to form by the City Attorney.
Appropriate $15,000 in federal funding and establish a corresponding revenue
estimate in an account to be established by the Director of Finance in the Grant
Fund.
DLB/SCB:kaj
Attachment
C~
Respectfu. lly submitted,
Darlene L. Burcham
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven B. Buschor, Director of Parks and Recreation
Rolanda B. Russell, Assistant City Manager for Community Development
#CM03-00123
U&CF ASSISTANCE GRANT PROGRAM
MEMORANDUM OF AGREEMENT
GRANT # 03UCF44
This agr~ment made this 16th . .day of Juno ,2003 by and between the Virginia Department of
Forestry, herein referred to aa "Patty of the First Pan"', and City of Roanoke herein referred to aa "Party of the
Second Part".
The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to
promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service
(Catalog of Fnderal Domestic Assistance (CFDA)Number 10-664) agree aa follows:
(0 RvaC _..
The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Udnm & Community
Forestry Assistance proposal.
(2) TIME OF PERFORMANCE:
The service of the Party of the Second Part shall commence on APRIL 1St 2003 and shall terminate
on MAY I$t 2004.
All time limits stated are of the easence of this agreement.
O) COMPENSATION:
Tho Party of the Second Part shall be paid by the Party of the First Part aa set forth in ATTACHMENT A. Funds will
be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall
spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among
categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total
expenditures exceed the amount provided by this cun~ract. Shifts of funds among budget categories exceeding lO
percent must be approved in writing by the Party of The First Part.
(4) AssISTANCE:
The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available
to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the F/rat
Part that are reasonably reletnd to the subject matter of this agreement and a~e necessary to the Party of thc Second
Part for completion of his performance under this agreement
(5) GENERAL PROVISIONS:
Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the
other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign,
sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written
consent of the Party of the First Part. This contract is subject to appropriations by the Vir~i~'ni:a C~lleral
Page I
(6') IN IEGRATION AND MODWICATION:
This conixact constitutes the entir~ agreement between the Pany of the Second Part and the Pa~y of the First Pan. No
alteration, amendmem or modification in the provisions of this agreement shall be effective unless it is reduced to
writing, signed by the parties and attached hereto.
(7) TEI~M~NATION:
The Pan'y of the Fire Part may t~, ,,,;,~e this agreement for its convenience upon 60 days wriV. en notice to the other
party. The Party of the Second Part shall be paid for no service l~ndered or expense incurred after receipt of such
notice except such fees and expenses incurred prior to the effective date of termination that are nece~sary for
curtailment of its/his work under this agreement,
In the event of breach by the Party of the Second Pan of this agreement, thc Party of the Fir~ Part shall have the right
immediatcly to rescind, revoke or terminate the agreement. In the alternative the Party of thc First Part may give
written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. Ifa
notice of breach is ~iven and the Party oftbe Second Part has not substantially corrected the breach within the sixty
(60) days of receipt of the written notice, the Party of thc First Pan shall have the right to termln,te this Agreement.
tn thc event of rescission, revocation or termination, all documents and other materials related to the performance of
this A~rment shall become the property of the Department of Foreslry.
(8) COLLATERAL CONTRACTS:
Where there exists any inconsistency between liais Agreement and other provisions of collateral contractual
agreements which are made a part of this Agreement by reference or otherwise, the provisions of this A~recmant shall
control.
(9) ANTI-DISCRIMINATION:
During the pctI'o, mancc of this conWact, the Parry of the Second Part ag~es as follows;
The Party of the Second Pan will not discnwl.ate against any ~.4,1oyee or applicant for employment
because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona
fide occupational qualification reasonable necessary to the normal operation of the Party of~e Second Part.
The Party of the Second Part agrees to pos~ in conspicuous places, available to employees and applicants for
el~,loyment, notices setting forth thc provisions of this non-discrimin~tion chuse.
The Paw/of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the
Party of the Second Part, will shate that such Party of the Second Part is an equal opportunity ethployer.
Notices, advertisements and solicitations in accordance with fede~l law, rules or ~egnlations shall be
deemed sufficient for the purpose of meeling the requil~nents of the Section.
The Party of the Second Pan will include the above provisions in every subconUact or purchase order of over $10,000,
so that the provisions will be binding upon each subcontractor or vendor.
(10) APPLICATIONS:
Page 2
This agreement shall be governed in all respects, whether as to validity, comlruction, capacity, p~f,~,a~ance or
otherwise, by the laws of the Commonwealth of Virginia.
SEVERABIL[r¥:
Each paragraph and provision of the Agreement is severable from thc entire Agreement; and if any provision is
declared invalid, thc re~o~ining provisions shall nevertheless remain in effect.
CONTINGE~ FEE WARRANTY.'.
The Part>.. of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of
soliciting or securing this Agreement. The ParE_,' of the Second Pan further warrants that he/it has not paid or agreed
to pay an3,' company or person any tee, commission, percentage, brokerage fee, gift or any other consideration,
contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the
Agency shall have the right to ten-ninate this ageement x~dthout liability, or, in its discretion or other~:ise recover, the
full amotmt of said prohibition fee, commission, percentage, brokerage fee, gilt or contingent fee.
CONFLICT OF II~I'EREST:
The Party of the Second Part warrants that he has fully complied with the Virg~ia Conflict of Interest Act.
(14) FINANCIAL RECORDS AVAILABILITY:
The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for
five (5) y~rs afar final paymcnk or until audited by the Cotumonwealth of Virginia, whichever is later. The Party of
the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said
materials during said period.
Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and
attena~-ce record (it~',i~i,g time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the
"l~'~quest for Funds." Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check
number).
The Party of the Second Part agrees to comply with thc following Federal cos~ and administrative regulations as
applicable:
Non-Profit Organizations
Cost Principle~, Olvl~ CIK A-122
Admln Regulatiom, OMB CIRA-110
Audits, OMB CIR-A 133
State and Local Governments
Cost Principles, OMB CIR A-87
Admln; Regulations, OMB CIR A-102 (rev.)
Audits, OMB CIR A-133
U~lverslties
Cost Principles, OMB CIR A-21
Adm~n R~gulafious, OMB CIRA-II0
Audits, OMB CIR A-133
Page 3
05) QUARTERLY REPORTS:
The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities
identified in the proposals as they occur. The performance reports will contain a summary of progress and activities
for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide
financial funds expenditure information for reimbursement as appropriate.
The schedule for submittal of the periodic performance reports shall be as follows:
PERIOD COVERED
SUBMITTAL DATE
April 15, 2003 -July 15, 2003
July 15, 2003 - October 15, 2003
October 15, 2003 - January 15, 2004
January 15, 2004 - March 15, 2004
March 15, 2004 - May 15, 2004
August 1, 2003
November 1, 2003
February 1, 2004
April 1, 2004
June 1, 2004
In wimess whereof the parties have caused this agreement to be executed by the following duly
authorized officials:
PARTY OF 'I'HE SECOND PART
PARTY OF '1'~ ~; b'IRST PART
This contract has been reviewed by the staff of the Party of
the First Part. Its substantive terms are appropriate, and
sufficient funds have been obligated for its
performance.
I~ENcY: City of Roanoke, Virginia
DATE: &me 16, 2003
BY:
TITLE: Urban and Community Forestry Coordl~tor
AGENCY: Virginia Department of Fore~ry
DATE:
Page 4
ATTACHMENT A
PA YMENT PROCESS
Thc funds awarded under the grant are available on a reimbursement basis after verification of
match and ia accontance with a payment schedule agreed to ia advance. Grantees mus~ file a request for
payment and send records of expenditures along with documented costs to the Virginia Depa~huent of
Forestry. The UCF Program Administrator will evaiuatc the progress of the project to determine eligibility
for full funding. Grantees may request reimbursement as frequently as needed (within reason); or at least
quarterly ~f there are qualifying expenditures.
FEDERAL AND STATE REGULATIONS
Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred
to OMB Circulars A-102 and A-110 which are the uniform administration requirements. Grantees are also
referred to Section 3015, 3016, and 3017 of the Code of Federal Regulations and to cost principles outlined
ia OMB Circulars A-21, A-87, and A-122. Copies of these documents may be obtained from the Vir~nla
Deparlment of Forestry UCF Program Administrator upon request.
Grantees must certify that they are not debarred from this grant program. Grantees should not
conduct business with individuals or orga~ni~mtions debarred from Federal grant projects. Applicants must
document project approval by the authorized representative of the local governing body, organi?ation or
institution applying for the grant.
State and local govemmem agencies must adhere to guidelines of the "Agency Procurement Manual"
(January 1990) as required ia Section 2.1-442 of the Code of Virginia.
RECORD KEEPING REQUIREMENTS
Records will be maintained according to all Federal regulations. The fmanciai management system of
the grantees shall meet the following standards:
· Records shall comply with generally accepted accounting principles.
· Records will document allowable costs.
Records will be supported by source documentation, such as canceled checks,
paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid
and be referenced as to how payment was made (i.e., check number). Records will be
maintained for three years following final payment
Page5
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-67-236-304
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. 36387-061603 authorizing acceptance of a grant
from the United States Department of Agriculture Food and Nutrition Service on behalf of
the City, in the amount of $143,315.00, to provide nutritionally balanced, healthy meals for
children and youth during the summer months, and authorizing execution of any and all
necessary documents to comply with the terms and conditions of the grant and applicable
laws, regulations, and requirements pertaining thereto.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 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
Steven C. Buschor, Director, Parks and Recreation
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36387-061603.
A RESOLUTION authorizing acceptance of a grant from the United States Department
of Agriculture Food and Nutrition Service on behalf of the City to provide nutritionally
balanced, healthy meals for children and youth during the summer months, and authorizing
execution of any and all necessary documents to comply with the terms and conditions of the
grant and applicable laws, regulations, and requirements pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. Funding from the United States Department of Agriculture Food and Nutrition
Service, in the amount of $143,315.00 to provide nutritionally balanced, healthy meals to
children during the summer months, as set forth in the City Manager's letter, dated June 16,
2003, to this Council, is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized on behalf of the City
to execute and attest, respectively, any and all requisite documents pertaining to the City's
acceptance of this grant and to furnish such additional information as may be required in
connection with the City's acceptance of the foregoing funds. All documents shall be approved
as to form by the City Attorney.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-67-236-304
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. 36386-061603 amending and reordaining certain
sections of the 2003-04 General and Grant Funds Appropriations, providing for
appropriation and transfer of funds in connection with the Summer Food Program grant;
and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Sincerely,
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Barry L. Key, Director, Office of Management and Budget
Pl:~Agenda.03\June 16, 2003 correspondenceee.wp~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36386-061603.
AN ORDINANCE to amend and reordain certain sections of the 2003-2004
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 2003-2004 General and Grant Funds Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
General Fund
Appropriations
Community Development $ 5,648,584
Parks and Recreation Youth Services (1) ................................................ 254,050
Nondepartmental $ 73,755,777
Transfer to Grant Fund (2) ....................................................................... 158,612
Grant Fund
Appropriations
Health and Welfare $ 4,718,599
Summer Food Program 04 (3) ................................................................. 183,315
Revenues
Health and Welfare $ 4,718,599
Summer Food Program 04 (4) ................................................................. 183,315
1 ) Special Projects
2) Transfer to Grant Fund
3) Program Activities
4) Summer Food 03-04 Local
(001-620-8170-2034) $(20,000)
(001-250-9310-9535) 20,000
(035-630-5188-2066) 20,000
(035-630-5188-5194) 20,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-67-236-304
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. 36385-061603 amending and reordaining certain
sections of the 2002-03 General and Grant Funds Appropriations, providing for
appropriation and transfer of funds in connection with the Summer Food Program grant;
and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc:
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36385-061603.
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
Community Development $ 5,605,721
Human Services and Community Education (1) ...................................... 214,969
Nondepartmental $ 75,220,122
Transfer to Grant Fund (2) ....................................................................... 639,358
Grant Fund
Appropriations
Health and Welfare $ 4,698,599
Summer Food Program 03-04(3-5) ......................................................... 163,315
Revenues
Health and Welfare $ 4,698,599
Summer Food Program 03-04(6-7) ......................................................... 163,315
1)
2
3
4
5
6
7
Special Projects
Transfer To Grant Fund
Temporary Employee Wages
FICA
Program Activities
Summer Food 03-04 Federal
Summer Food 03-04 Local
(001-620-8170-2034) $ (20,000)
(001-250-9310-9535) 20,000
(035-630-5188-1004) 19,500
(035-630-5188-1120) 1,492
(035-630-5188-2066) 142,323
(035-630-5188-5193) 143,315
(035-630-5188-5194) 20,000
Pursuant to the provisions of Section 12 of the City Charier, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE ClTY 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
June 16,2003
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:
Summer Food
Appropriation
Background:
The City of Roanoke continues to provide for the nutritional needs of children and
youth during the summer months through its Parks and Recreation Youth
Services Division supervised Summer Nutrition Program.
Breakfast and lunch is provided to children throughout the City from mid-June
through early August. More than 2,600 children/youth received lunch and/or
breakfast on a daily basis at nineteen sites during the summer of 2002. This
year, four sites have been added with two other sites pending, and snacks will be
offered during two special after-summer-school programs that will operate until
5:30 pm. (Attachment)
Local funds in the amount of $20,000 are available in the FY03 Parks and
Recreation Youth Services Division's budget account number 001-620-8170-
2034. Additional local funds in the amount of $20,000 have been appropriated in
the FY04 General Fund in the Parks and Recreation Youth Services Division
budget account number 001-620-8170-2034. Local funds will be used to provide
staffing and program materials.
Considerations;
Funds for the program are provided through the United States Department of
Agriculture Food and Nutrition Service. The program is similar in concept to the
Honorable Mayor and Members of Council
June 16, 2003
Page 2
National School Lunch Program with eligibility requirements much like those
used to determine eligibility for free or reduced priced meals during the school
year. The purpose is to provide nutritionally balanced, healthy meals to children
ages one through eighteen and those with special needs. Adult, summer staff
manage the program, and youth are hired to assist at the food service sites. The
City is reimbursed on a per meal basis.
Recommended Action(s):
Accept the Summer Food Program grant in the projected amount of $143,315
and authorize the City Manager and City Clerk to execute and attest respectively
an agreement with the United States Department of Agriculture Food and
Nutrition Services and any other forms necessary to accept such grant, approved
as to form by the City Attorney.
Appropriate $143,315 in federal funding and establish a corresponding revenue
estimate in accounts to be established by the Director of Finance in the Grant
Fund.
Transfer funding in the amount of $20,000 from FY03 account number 001-620-
8170-2034 and in the amount of $20,000 from FY04 account number 001-620-
8170-2034 in the Parks and Recreation Youth Services Division to the accounts
established above.
Darlene L. Burcham
City Manager
DLB:MVH:kaj
Attachment
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven B. Buschor, Director of Parks and Recreation
Rolanda B. Russell, Assistant City Manager for Community Development
#0M03-00124
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-184-385
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. 36388-061603 amending and reordaining certain
sections of the 2002-03 General Fund Appropriations, providing for transfer of funds in
connection with personal services lapse; and dispensing with the second reading by title
of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36388-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 General
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the
2002-2003 General Fund Appropriations be, and the same are hereby, amended and reordained
to read as follows, in part:
Appropriations
General Fund (1-92) ........................................ $ 202,496,329
Revenues
General Fund (93-103) ....................................... $193,731,971
1 Regular Employee
2 Regular Employee
3 Regular Employee
4 Regular Employee
5 Regular Employee
6 Regular Employee
7 Regular Employee
8 Regular Employee
9 Regular Employee
1¢ Regular Employee
11 Regular Employee
12 Regular Employee
13 Regular Employee
14 Regular Employee
15 Regular Employee
16 Regular Employee
17 Regular Employee
18 Regular Employee
19 Regular Employee
20' Regular Employee
21' Regular Employee
22 Regular Employee
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
Salaries
001-110-1234-1002
001-120-2111-1002
001-121-2130-1002
001-122-2131-1002
001-124-2120-1002
001-125-2110-1002
001-130-1233-1002
001-140-2140-1002
001-140-3310-1002
001-150-2210-1002
001-150-2211-1002
001-200-1110-1002
001-210-1220-1002
001-220-1120-1002
001-230-1235-1002
001-230-1236-1002
001-240-1240-1002
001-250-1231-1002
001-250-1232-1002
001-260-1310-1002
001-300-1210-1002
001-300-1211-1002
$ 5,155
30,199
143
20
3,529
18,353
(43,118
(50,000
46,102
(50,000
(6,075
(1,027
31,633
11,674
(4,420)
289
(9,785)
4,437
21,225
(28,457)
2,799
39,305
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
38
39
4O
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
Regular Employee Salaries
(001-300-8120-1002
(001-340-1261-1002
(001-340-1263-1002
(001-410-1212-1002
(001-430-4130-1002
(001-430-4131-1002
(001-430-4170-1002
(001-440-1237-1002
(001-440-1260-1002
(001-440-1617-1002
(001-440-4220-1002
(001-440-4330-1002
(001-520-3211-1002
(001-520-3212-1002
(001-520-3213-1002
(001-520-3214-1002
(001-520-3521-1002
(001-530-1280-1002
(001-530-4110-1002
(001-530-4140-1002
(001-530-4160-1002
(001-530-4210-1002
(001-530-4310-1002
(001-610-3410-1002
(001-610-8110-1002
(001-615-8111-1002
(001-615-8112-1002
(001-615-8113-1002
(001-620-4340-1002
(001-620-7110-1002
(001-620-7111-1002
(001-620-8170-1002
(001-630-1270-1002
(001-630-5311-1002
(001-630-5313-1002
(001-630-5314-1002
(001-630-5315-1002
(001-630-5316-1002
(001-630-5317-1002
(001-630-5318-1002
(001-630-5410-1002
(001-631-3330-1002
(001-631-3350-1002
$ 13,287
(12,713)
(5,196)
(18,257)
19,151
(31,504)
21,993
788
35,718
(2,874)
(20,786)
(40,403)
69,898
(31,951)
149,981
(50,000)
(87,921)
1,364
89,451
69,967
(34,834)
(45,ooo)
(15,398)
(4,853)
60,426
(24,468)
1,655
17,362
(16,180)
(2o,ooo)
(22,529)
9,106
(6,357)
29,467
86,332
(46,334)
(29,665)
(3,969)
(19,207)
3,121
(751)
30,088
(8,013)
66) Regular Employee Salaries
67) Regular Employee Salaries
68) Regular Employee Salaries
69) Regular Employee Salaries
70) Regular Employee Salaries
71) Regular Employee Salaries
72) Regular Employee Salaries
73) Regular Employee Salaries
74) Regular Employee Salaries
75) Regular Employee Salaries
76) Salary Lapse
77) Payroll Accrual
78) Medical Insurance
79) Dental Insurance
80) Worker's Compensation
Wages
81) Worker's Compensation
Medical
82) Unemployment Wages
83) Extended Illness Leave
Payment
84) Termination Leave Wages
85) Overtime Savings
86) Transfer to Fleet
Management Fund
87) Transfer to DOT Fund
88) Department of Technology
89) Fleet Management
90) Fleet Management
91) Fleet Rental
92) Fleet Management
93) Treasurer
94) Commissioner of Revenue
95) Sheriff
96) City Jail
97) Commonwealth's Attorney
98) General Administration
99) Director Social Service
Administration
100) Social Services Revenue
Maximization
101 ) Employment Services
102) VISSTA
103) CSA-State Administration
(001-631-3360-1002
(001-640-3111-1002
(001-640-3112-1002
(001-640-3113-1002
(001-640-3114-1002
(001-640-3115-1002'
(001-640-3530-1002
(001-650-2150-1002
(001-650-7310-1002
(001-660-1214-1002
(001-300-9410-1090
(001-250-9110-1099
(001-250-9110-1125
(001-250-9110-1126
(001-250-9110-1135)
(001-250-9110-1140)
(001-250-9110-1145)
(001-250-9110-1149)
(001-250-9110-1150)
(001-250-9110-1157)
(001-250-9310-9517)
(001-250-9310-9513)
(001-640-3114-7005)
(001-140-2140-7025)
(001-620-4340-7025)
(001-620-4340-7027)
(001-530-4210-7025)
(001-110-1234-0613)
(001-110-1234-0612)
(001-110-1234-0611)
(001-110-1234-0609)
(001-110-1234-0610)
(001-110-1234-0676)
(001-I 10-1234-0685)
(001-110-1234-0702)
(001-110-1234-0681)
(001-110-1234-0671)
(001-110-1234-0693)
$ (254)
7,614
(6,025)
139,010
(20,000)
(48,763)
11,043
(575)
(38,909)
14,256
1,374,261
(150,000)
(520,059)
(14,690)
(400,O00)
(400,000)
(35,000)
(20,000)
(91,275)
200,000
92,000
(131,747)
(59,498)
(10,635)
(69,399)
(93,324)
(28,187)
2,577
(30,895)
(68,149)
30,735
(74,450)
57,899
(45,270)
(14,832)
(26,984)
1,561
(375)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFHCE 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
June 16, 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: Personal Services Lapse Report
BacKground:
The fiscal year 2002-2003 General Fund Budget includes funds in the nondepartmental
expenditure category for several personnel related accounts. These accounts are
budgeted at estimated amounts in the nondepartmental cost center because annual
charges of each department are difficult to accurately predict. Actual costs are charged
to departments in anticipation of year-end budget transfers to cover the costs.
Considerations:
Salary lapse is one of the items included in the nondepartmental category. It is the
difference in budgeted City employee salaries and actual salaries. It is created through
normal employee attrition and the managed hiring efforts undertaken during the year by
City staff. At year-end, salary lapse created in departments is credited against the
budgeted total salary lapse, and any excess salary lapse generated is spread
throughout the various departments to cover additional personnel and operational
needs.
Operational allocations using excess lapse include $175,823 in additional local share
funding for the Comprehensive Services Act program, recommended to Council in a
separate report, $135,000 for snow removal activities, and $318,620 for additional
billings to General Fund departments for services provided by Internal Service Fund
departments such as Fleet Management, and Risk Management. Other operational
uses of lapse are individually below $50,000.
Honorable Mayor and Members of Council
June 16, 2003
Page 2
Workers' Compensation is also initially budgeted in the nondepartmental category.
Funding has been budgeted as a lump sum in the non-departmental category in the
General Fund to cover workers' compensation wages and medical expenses. Like
other personnel related budgets, the workers' compensation budgets are established
non-departmentally due to the difficulty of predicting which departments will incur these
expenses and to what extent. The attached budget ordinance allocates the amount in
the nondepartmental cost center to departments that have incurred actual costs.
The fiscal year 2002-2003 General Fund Budget also included funds in the non-
departmental category to cover annual expenditures for unemployment wages,
extended illness leave payments, and termination leave wages, as well as anticipated
increase in health and dental insurance. These budgets should be allocated to
appropriate departmental accounts in the same manner as salary lapse and workers'
compensation.
The attached budget ordinance accomplishes the above referenced transfers by
adjusting each department's regular salaries line rather than adjusting all the individual
line items. An adjustment is also needed to decrease the revenue estimate for the
change in salary estimates for employee salaries reimbursed by the Commonwealth of
Virginia. A summary of the transfers in the attached budget ordinance is as follows:
2003 Adjustment Revised
Account Budget Needed Budget
Payroll Accrual $150,000 ($150,000)
Medical Insurance 4,556,871 (284,892) 4,271,979
Dental Insurance 304~535 (9~311) 295~224
Workers' Compensation-Wages 400,000 (209,086) 190,914
Workers' Compensation-Medical 400,000 393~961 793,961
Unemployment Wages 35,000 97,579 132,579
Extended Illness Wages 20,000 1,976 21,976
Termination Leave Wages 91,275 248,864 340~ 139
FICA 4~910~497 (4181234) 4~492~263
Overtime Savings (200,000) 200,000 0
Salary Lapse (1 ~374,261 1,374~261 0
Salaries and Wages 62,834,102 (1,300,337) 61,533,765
Miscellaneous Other Personnel Costs 1 ~958~949 (112,965) 1 ~845,984
Totals Expenditure Adjustments $74,086~968 ($168,184) $73,918,784
Revenue Adjustement
State Shared Expense/Social Services $27,977,379 ($168,184) $27,809,195
Honorable Mayorand Members of Council
June 16,2003
Page 3
Recommended Actions:
City Council authorize the transfer of funding between accounts and the use of excess
budgeted personal services,
Respectfully submitted,
Darlene L. Burcham
City Manager
Jesse A. Hall
Director of Finance
DLB/JAH:sms
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Barry L. Key, Director of Management and Budget
CM03-00121
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #102
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. 36390-061603 authorizing the City Manager's
issuance of Amendment No. I to the City's contract with Mattern & Craig, Inc., for
additional engineering services for the inspection of 31 bridges, in the amount of
$55,9OO.OO.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Steve A. Campbell, Principal, Mattern & Craig, Inc., 701 First Street, S. W.,
Roanoke, Virginia 24016
Jesse A. Hall, Director of Finance
Phillip C. Schirmer, City Engineer
HSAgenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of ~lune, 2003.
Iqo. 36390-061603.
A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1 to the City's
contract with Mattem & Craig, Inc., for additional engineering services for the inspection of 31
bridges.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the City, upon form
approved by the City Attorney, Amendment No. 1 to the City's contract with Mattem 8: Craig, Inc.,
for additional engineering services for the inspection of 31 bridges, all as more fully set forth in the
letter to this Council dated June 16, 2003.
2. The Amendment No. 1 will provide authorization for additions in the work with an
increase in the amount of $55,900.00 to the contract, all as set forth in the above letter.
ATTEST:
City Clerk.
H:Wleasures\bridge program amendment 2003 2004.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #102
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. 36389-061603 authorizing the City Manager's
issuance of Amendment No. 1 to the City's contract with Hayes, Seay, Mattern & Mattem,
Inc., for additional engineering services for the inspection of 31 bridges and one tunnel
(underpass), in the amount of $57,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Steven J. Chapin, Principle, Hayes, Seay, Mattern & Mattern, Inc., 1315 Franklin
Road, S. W., Roanoke, Virginia 24016
Jesse A. Hall, Director of Finance
Phillip C. Schirmer, City Engineer
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of Sune, 2003.
1~o. 36389-061603.
A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1 to the City's
contract with Hayes, Seay, Mattem & Mattem, Inc., for additional engineering services for the
inspections of 31 bridges and 1 runnel (underpass).
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the City, upon form
approved by the City Attorney, Amendment No. 1 to the City's contract with Hayes, Seay, Mattern&
Mattem, Inc., for additional engineering services for the inspections of 31 bridges and 1 tunnel
(underpass), all as more fully set forth in the letter to this Council dated June 16, 2003.
2. The Amendment No. 1 will provide authorization for additions in the work with an
increase in the amount of $57,000.00 to the contract, all as set forth in the above letter.
ATTEST:
City Clerk.
H:Wleasures\bridge program amendment 2003 2004.doc
CITY OF ROANOKE
OFFICE OF THE C1TY 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.ro&nokegov.com
June 16, 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 No. 1
Three Year Bridge Inspection
Program - Year Two of Three
The 1978 Surface Transportation Act enacted by Congress requires that all bridges,
including "off Federal Aid System" structures, must be included in the annual inspection
program. Bridge Inspection Reports are required on 62 structures in the City of Roanoke
this year. Twenty-eight structures are inspected annually while 34 structures are inspected
bi-annually. One tunnel also needs to be inspected.
Council awarded contracts on June 17, 2002, to Hayes, Seay, Mattern & Mattern, Inc., and
Mattern & Craig, Inc., for the three year Bridge Inspection Program with years two and three
to be negotiated based on the number of structures to be inspected in each of those
subsequent years. Hayes, Seay, Mattern & Mattern, Inc., has agreed to inspect 31 bridges
and one tunnel for the cost of $57,000 for year two. Mattern & Craig, Inc., has agreed to
inspect 31 bridges for the cost of $55,900 for year two.
Funding in the amount of $112,900 is available for the second year amendment in account
number 001-530-4310-3072 in the fiscal year 2003-04 budget.
Recommended Action(s):
Authorize the City Manager to execute separate Amendments No. 1 for consulting services
for the above work with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., in
the amounts of $57,000 and $55,900 respectively, for the second year (2003) for bridge
and tunnel inspection services. These contracts may be extended for one additional one-
year term upon mutual agreement of the parties at a fee agreed to by the parties based on
the number of structures to be inspected.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB/sef
Attachments
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
CM03-00125
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 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. 36391-061603 amending and reordaining Section
26-8, Extension of sanitary sewers within city, of Article I, In General, of Chapter 26,
Sewers and Sewaqe Disposal, Code of the City of Roanoke (1979), as amended, requiring
the recordation of maintenance agreements prior to issuance of permits to use sewer
systems utilizing private pumping facilities; and dispensing with the second reading by title
of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 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
The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of
Virginia
H:~Agenda.O3\June 16, 2003 correspondenceee.wpd
Darlene L. Bu~ham
June 23,2003
Page 2
pc~
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
Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
The Honorable Arthur B. Crush, III, Clerk of Circuit 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., Assistant City Manager for Operations
Rolanda B. Russell, Assistant City Manager for Community Development
Michael T. McEvoy, Director, Utilities
R. Brian Townsend, Director, Planning, Building and Development
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36391-061603.
AN ORDINANCE amending and reordaining Section 26-8, Extension of sanitary sewers
within city, of Article I, In General, of Chapter 26, Sewers and Sewage Disposal, Code of the
City of Roanoke (1979), as amended, requiring the recordation of maintenance agreements prior
to the issuance of permits to use sewer systems utilizing private pumping facilities; and
dispensing with the second reading by title of this ordinance.
1. Section 26-8, Extension of sanitary sewers within city, of Article I, In General, of
Chapter 26, Sewers and Sewage Disposal, Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained to read and provide as follows:
§ 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 property is determined not to be
feasible by the city manager due to its length, depth, development,
H:hMEAS URES\o-ca26-Sprivatepumpingfacilities.061603 .doc 1
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. It shall
be the responsibility of the owner to maintain the pumping facility and
related lines on the owner's property. No permit to use such facility shall
be issued until such time as there is recorded in the Office of the Clerk of
Circuit Court a maintenance agreement between the owner and the City,
whereby the owner and the owner's heirs, grantees, successors in interest,
and assigns, agree to maintain such facilities.
(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.
H :bM EAS URES\o-ca26-8privatepumping facilities.061603.doc 2
2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
H:kM EASURES~-ca26-8privatepumpingfacilities.061603.doc 3
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
June 16, 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: Qrdinance Revision to
Require Pump Station
Maintenance Agreements
Recent changes to the City Ordinance regarding sewer extensions permit the
use of private pump stations for properties that can not be served by gravity
sewer. The ordinance revision proposed delineates maintenance responsibilities
for pump stations and associated force mains on private property and provides a
mechanism for future home buyers to be notified of this responsibility.
Specifically, amend City Code Section 26-8(c) with the following:
(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. It
shaft be the responsibility of the owner to maintain the
pumping facility and related lines on the owner's property.
No permit to use such facility shaft be issued until such time
as there is recorded in the Office of the Clerk of Circuit
Court a maintenance agreement between the owner and the
City, whereby the owner and the owner's heirs, grantees,
successors in interest, and assigns, agree to maintain such
facilities.
The Honorable Mayorand Members of Council
Ordinance Revisionto Require Pump Station Maintenance Agreements
June 16,2003
Page 2
Recommended Action:
Adopt the attached ordinance.
DLB/mtm
Res. pe.~tfully submittec~,
Darlene L. Burcham
City Manager
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
CM03-00130
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-144
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hail
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36392-061603 amending and reordaining certain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for appropriation
and transfer of funds in connection with 2003 Hazardous Waste Collection Day; and
dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 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
Paul J. Truntich, Environmental Administrator
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.O3~June t6, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36392-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
General Government $ 9,793,181
Household Hazardous Waste Day (1-2) .................................................. 41,327
Storm Drains $ 3,481,781
NPDES Phase II (3) ................................................................................. 228,673
Revenues
Intergovernmental (4-6) ............................................................................. $ 3,716,141
1) Appropriated from
Other Governments
2) Appropriated from
General Revenue
3) Appropriated from
General Revenue
4) HHWD-
Roanoke County
5) HHWD-
City of Salem
6) HHWD-
Town of Vinton
(008-660-9783-8999)
(008-660-9783-9003)
(008-530-9736-9003)
(008-660-9783-9793)
(008-660-9783-9794)
(008-660-9783-9796)
$ 10,000
31,327
(31,327)
7,500
1,500
1,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, $.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
June 16, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Council Member, 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 Household
Hazardous Waste Collection
Funds
Background:
The City of Roanoke has sponsored five Household Hazardous Waste Collection Days
since May 2000, drawing residents from throughout the Roanoke Valley and utilizing the
Community Projects accounts set aside for compliance with the Consent Order between
the Virginia Department of Environmental Quality and the City signed in February 2000.
Neighboring local governments have made financial contributions to several of these
events. The Office of Environmental and Emergency Management is working to continue
this program, and fund it after fulfilling the provisions of the Consent Order (anticipated by
Winter 2003) and has asked for additional contributions for the next fiscal year from
neighboring jurisdictions. ']'he City of Roanoke's portion is $31,327 and will come from the
NPDES Account No. 008-530-9736.
Considerations:
The following is a breakdown of the contributions for the upcoming Hazardous Waste
Collection Day, expected to be held in Fall 2003:
Honorable Mayorand Membe~ of Council
June 16, 2003
Page 2
Roanoke County
City of Salem
Town of Vinton
$ 7,500
1,500
11000
$10,000
Recommended Actions:
Appropriate $10,000 in funding to be received from other jurisdictions 1o revenue and
expenditure accounts to be established by the Director of Finance in the Capital Projects
Fund. Transfer funding of $31,327 from the NPDES account 008-530-9736 to the same
newly established account.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:pjt
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Paul J. Truntich, Environmental Administrator
CM03-00106
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #9
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. 36393-061603 expressing the City of Roanoke's
intent to pledge 50 per cent of Roanoke's business air travel to AirTran; and authorizing
the City Manager to complete and submit the necessary pledge documents to the Roanoke
Regional Airport Alliance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Sincerely, ~)¢¢¢,.~,,f,~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Elizabeth S. Doughty, President, Roanoke Regional Chamber of Commerce, 212
South Jefferson Street, S. E., Roanoke, Virginia, 24011-1702
Barry DuVal, Consultant, Roanoke Regional Airport Alliance, 5202 Aviation Drive,
N. W., Roanoke, Virginia 24012
Jesse A. Hall, Director of Finance
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36393-061603.
A RESOLUTION expressing the City of Roanoke's intent to pledge 50% of Roanoke's
business air travel to AirTran Airways; and authorize the City Manager to complete and submit
the necessary pledge documents to the Roanoke Regional Airport Alliance.
WHEREAS, during the past year, the Roanoke Regional Chamber of Commerce and the
Roanoke Regional Airport Alliance have been working to determine the feasibility for bringing a
low-fare airline to the Roanoke Regional Airport; and
WHEREAS, the Alliance contracted with SH&E International Air Transport Consultancy
to conduct an initial profile of domestic low-fare carriers, and AirTran Airways has been
recommended as the candidate best suited to provide low-fare service to Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council hereby authorizes the City Manager to pledge 50% of Roanoke's
business air travel to AirTran Airways subject to AlrTran Airways establishing service at the
Roanoke Regional Airport.
2. The City Manager is authorized to complete and submit the necessary pledge
documents to the Roanoke Regional Airport Alliance.
ATTEST:
1
C:~Documents and Settings~cllcl~_ocal Settings\Temp~c.lotus.notes.data~airtrar~.doc
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
June 16,2003
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: Campaign for Fair Air[ares
Background:
During the past year, the Roanoke Regional Chamber of Commeme and the
Roanoke Regional Airport Alliance have been working to determine the feasibility
of bringing a Iow-faro airline to Roanoke Regional Airport. A Iow-faro carrier
would decrease the costs associated with flying from Roanoke Regional Airport,
increase the economic competitiveness of the rogion, and provide more access
to key hubs such as Atlanta and New York.
The Alliance contracted with SH&E International Air Transport Consultancy to
conduct an initial profile of domestic Iow-faro carriers, and AirTran Airways has
been rocommended as the candidate best suited to provide Iow-faro service to
Roanoke. AirTran provides service using the Boeing 717, a new full-size
commercial aircraft that can carry up to 117 passengers, and has its main hub in
Atlanta.
A campaign sponsored by the Alliance is now underway to bring AirTran to
Roanoke. The initial phase of this rocruitment process is designed to
demonstrate local demand for a Iow-fare domestic air carrier. Local businesses
and governments that fly out of Roanoke are being asked to make a good faith
pledge of support by committing to utilize AirTran for at least 50% of their
estimated business air travel.
Mayor Ralph Smith and Members of City Council
June 16,2003
Page 2
Considerations:
During the past 12 months, Roanoke's business air travel has amounted to
approximately $25,000. A 50% commitment would mean a pledge of $12,500 in
air travel to AirTran. Roanoke County has already made a similar pledge.
Funding for Roanoke's commitment is provided in various departments' operating
budgets for training and development.
Recommended Action:
Approve a pledge of 50% of Roanoke's business air travel to AirTran, and
authorize the City Manager to complete and submit the necessary pledge
documents to the Roanoke Regional Airport Alliance.
DLB:blk
Respectfully submitted,
Darlene L. Burcham
City Manager
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #24
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. 36394-061603 to readopt and reenact the Code of
the City of Roanoke (1979), as amended; and dispensing with the second reading by title
of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable 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
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
Darlene L. Burcham
June 23,2003
Page 2
pc:
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
Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
The Honorable Arthur B. Crush, III, Clerk of Circuit Court
The Honorable Donald S. Caldwell, Commonwealth's Attorney
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., Assistant City Manager for Operations
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36394-061603.
AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as
amended; and dispensing with the second reading by title of this ordinance.
WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted
and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke
(1979) (hereinafter sometimes referred to as the "City Code");
WHEREAS, such Code, as amended, contains certain provisions which incorporate by
reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code");
WHEREAS, from time to time, certain of these State Code sections which are
incorporated by reference in the City Code have been amended by the General Assembly;
WHEREAS, such amendments are a matter of public record which are set forth in the
Acts of Assembly and supplements and replacement volumes of the State Code; and
WHEREAS, it is the desire of this Council that those provisions of the City Code
which adopt by reference State Code provisions shall be fully consistent with enactments of
the most recent Session of the General Assembly;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in
the City Clerk's Office, consisting of Chapters 1 through 36.1, each inclusive, is hereby readopted
and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be
known as the Code of the City of Roanoke (1979), as amended.
2. With respect to sections or provisions of the State Code incorporated by reference in
the City Code, Council recognizes any amendments made to such sections or provisions of the State
Code by the most recent Session of the General Assembly and hereby expresses the intent and
ordains that such amendments to sections or provisions of the State Code incorporated by reference
in the City Code shall be included in the City Code verbatim as enacted by the most recent Session
of the Genera! Assembly.
3. Any reference in the City Code to any section, article or chapter from former Titles
of the State Code shall be deemed and construed to apply to the successor section, article or
chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for
certain Repealed and Revised Titles published in Volume 10.
4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is
hereby dispensed with.
ATTEST:
City Clerk.
WiEASURES~O-RECO. 12061603
WILLIAM M. HACICVVORTH
CITY ATTOPd~rEy
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
June 16, 2003
ELIZABETH lC DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L COLLINS
HEATHER p. FERGUSON
ASSISTANT CITY ATYORNEyS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Reenactment of City Code
Dear Mayor Smith and Council Members:
Since 1982, City Council has reenacted and recodified the City Code on an annual
basis in order to properly incorporate in the Code amendments made by the General
Assembly at the previous Session to State statutes that are incorporated by reference in the
City Code. This procedure ensures that the ordinances codified in our Code incorporate the
most recent amendments to State law.
Incorporation by reference is frequently utilized in local codes to preclude having to
set out lengthy provisions of State statutes in their entirety. In addition, the technique ensures
that local ordinances are always consistent with the State law as is generally required.
The procedure whereby a local governing body incorporates State statutes by
reference after action of the General Assembly has been approved by the Attorney General.
See Report of the Attorney General (1981-1982) at 272. I recommend that Council adopt the
attached ordinance to readopt and reenact the Code of the City of Roanoke (1979). If the
attached ordinance is not adopted, City Code sections incorporating provisions of the State
Code amended at the last Session of the General Assembly may not be deemed to include the
recent amendments and may be impermissibly inconsistent which could result in the
dismissal of criminal prosecutions under these City Code sections.
Sincerely yours,
WMH:f
Attachment
William M. Hackworth
City Attorney
The Honorable Mayor and Members
of City Council
June 16, 2003
Page 2
CCi
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
Rolanda Russell, Assistant City Manager for Community Development
The Honorable Donald S. Caldwell, Commonwealth's Attorney
A. L. "Joe" Gaskins, Chief of Police
Mary F. Parker, City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-236-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Cindy H. Lee, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Lee:
A communication from the Roanoke City School Board requesting the close-out of 52
school grants, in the amount of $14,449,240.24, was before the Council of the City of
Roanoke at a regular meeting which was held on Monday, June 16, 2003.
On motion, duly seconded and adopted, Council concurred in the request.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc:
Dadene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
HAAgenda.03\June 16, 2003 correspondenceee.wpd
,~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
Rober~ J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
June 16, 2003
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
The School Board at its June 10 meeting voted to request City Council to
closeout fifty-two school grants that have been completed. Total outlays for the
grants amounted to $14,449,240.24. Revenue was provided for the grants as
follows:
· :, Federal funds - $8,927,905.65
o:, State funds - $2,563,051.90
o:o Fees and donations - $877,708.40
o:o Local match - $2,080,574.29
The Board appreciates the approval of this request.
Sincerely,
Cindy H L:ee, Clerk
re
cc:
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..lesse A. Hall
Mr. Jim Wells (with accounting
details)
Preparing Students for Success
JESSE A. HALL
Director of Finance
mail: jesse_hall~ci,roanoke.va,us
June 16, 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 and Members of Council:
The School Board, at its June 10 meeting, voted to request City Council to closeout fifty-two
school grants that have been completed. Total outlays for the grants amounted to
$14,449,240.24. Revenue was provided for the grants as follows:
· Federal funds- $8,927,905.65
· State funds- $2,563,051.90
· Fees and donations- $877,708.40
· Local match- $2,080,574.29
A listing of the completed grants is attached. The Board appreciates the approval of this
request.
Sincerely,
Jesse A. Hall
Director of Finance
JAH/ctg
Attachment
C:
Dadene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
REQUEST TO CLOSE GRANTS
The fifty-two grants listed below have been completed and should be closed. Total outlays for the grants
amounted to $14,449,240.24. Federal funds in the amount of $8,927,905.65, state funds in the amount
of $2,563,051.90, fees and donations in the amount of $877,708.40, and local match in the amount of
$2,080,574.29 provided revenue for the grants.
Grant Appr. Page
Number Descdplion Unit Amount Number
030-060-6181
030-062-6185
030061-6186
030-062-6193
030-062-6194
030-064-6255
030064-6256
030-064-6257
O3O-060-6322
030-060-6323
03O-062-6325
030062-6327
030062-6456
030-062-6571
030-062-6572
030-062-6573
030-062-6,574
030062-6576
030-062-6577
030-062-6578
030-062-6579
030-060~601
030-061-8610
030-060-6737
030-062-6739
030-062-6740
030-062-6741
030-O62-6742
030-060-6743
T~e I Delinquent 200001 X1F $ 64,421.00 3
T'Cde I Winter 124-02-1 X1H 2,944,237.50 4
T'~e I Even Start 2000-01 X11 144,166.24 5
Ttae I Sumrner 124-02-2 X1H 118,577.89 6
T~e 1 Camjover 124-02-3 XIH 294,903.60 7
T~e VI 2001-O2 X2W 133,661.17 8
ELsenhower T~e II 2001-02 X2X 85,933.00 9
Class Size Reduction 2001-02 X2Y 614,956.00 10
Magnet Scho~ 2000-01 X3T 625,110.00 11
Innovative Grant 2000-01 X3U 325,480.00 12
Governors School 2001-02 X3X 1,419,311.00 13
Community Learning Center ;2001-02 X3Z 197,817.00 14
Summer Youth Employment 2001 X4M 34,518.55 15
Flow Through 2001-02 Z5A 2,004,671.00 16
Child Spedatty Services 2001-02 Z5B 72,181.70 17
Child Development Clinic 2001-02 Z5C 73,700.86 18
Juvenile Detention Home 2001-02 Z5D 331,778.43 19
Special Education Inteflom~er Training 2001-02 Z5F 2,882.09 20
Special Education Jail Program 2001-02 Z5G 147,05822 21
Special Education Assistive Technology 2001-02 Z5H 759.90 22
Special Education Capacity Building 2001-02 Z51 20,188.00 23
Student Success Mini-Grant 1999 Z6A 30,000.00 24
Academic Challenge 2003 X6J 2,700.00 25
Regional Literacy Coord. Committee 2000 X7L 3,700.00 26
Adult Basic Education 2001-02 X7N 189,987.89 27
Apprenticeship 2001-O2 XTO 132,686.16 28
Jobs for Vi[ginia Graduates 2001-02 XTP 49,896.40 29
Perldns Act 2001-02 X7Q 363,554.00 30
Regional Adult Educ. Specialist 2001-02 X7S 39,061.05 31
June 10, 2003 Page I
Grant
Number
Descrip~on
Unit
Page
Number
030-O62-6744
030-062-6745
03O-O62-6746
030-062-6747
030-062-6748
0,30-062-6749
030-O6O-6985
030-060-6815
030-06O-6820
030-060-6821
030-06O-6823
030-060-6824
03O-O63-6825
030-064-6827
030-062-6828
030-063-6829
03O-O62-683O
030-063-6831
030-O62-6834
030-062-6837
Regional Adult Literacy 2001-02
GED Testing 2001-02
Wodgolace Education 2001-02
Regional Adult Basic Education 2001-62
Adult Education in Jails 2001-02
Expanded GED TestJeg 2001-02
Southern Regional EducatJon Board 1999
Grants Management 2000-01
GoaLs 2000 Technology
Aris Incentive - Madison
Scflnol Instructional Technology 2000-01
GovemoCs Academic Challenge 2001
Alternative Education 2001-02
Drag Free Schools 2001-02
Adolescent Health Partnership 2001-02
Grants Management 2001-02
Prdject YES 2001-02
Homeless Assistance 2001-02
State Truancy 2001-02
Blue Ridge Technical Academy 2001-02
Regional Science Fair 2001-02
Technoiogy Literacy Challenge 2001-02
Refugee School impact 2001-02
Total
X7T
X7U
X7V
X7W
X7Z
X71
X95
XSN
X8S
X8T
X8W
X8X
X8Y
X82
X81
X82
X83
X84
X85
X86
X87
X88
X89
171,482.45
16,030.39
16,383.42
37,231.70
22,608.97
7,500.00
10,000.00
115,122.32
218,673.05
882,000.00
3,?.,567.00
1,349,149.13
49,853.00
165,686.35
3,750.00
254,919.00
67,041.00
20,727.00
7,915.00
57,700.00
19,513.00
$ 14,449,240.24
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
46
49
5O
51
52
53
54
June 10, 2003 Page 2
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 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. 36396-061603 amending and reordaining certain
sections of the 2003-04 School Fund Appropriations, providing for appropriation of
$169,550.00 for the Addison Community Learning Center for fiscal year 2003-04;
$460,118.00 for the Blue Ridge Technical Academy for fiscal year 2003-04; and dispensing
with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 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
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
H:~Agenda,03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36396-061603.
AN ORDINANCE to amend and reordain certain sections of the 2003~
2004 School Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2003-2004 School Fund Appropriations be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Education
Addison Community Learning Center (1-9) .............................................
Blue Ridge Technical Academy (10-25) ..................................................
Revenues
Education
Addison Community Learning Center (26) ..............................................
Blue Ridge Technical Academy (27-29) ..................................................
1) Program Director
2) Activity Assistants
3) Social Security
4) State Retirement
5) Health Insurance
6) Indirect Costs
7) Contracted Services
8) Conference Travel
9) Supplies
10) Teachers
11 ) Director
12) Administrative Coordinator
13) Clerical
14) Social Security
15) Retirement
16) Health Insurance
'030-062-6333-6100-0124) $ 42,000
'030-062-6333-6100-0141) 58,260
030-062-6333-6100-0201) 7,032
030-062-6333-6100-0202) 3,965
030-062-6333-6100-0204) 4,380
030-062-6333-6100-0212) 2,010
030-062-6333-6100-0313) 40,948
030-062-6333-6100-0554) 2,110
030-062-6333-6100-0614) 8,845
030-063-6851-6100-0121) 148,320
030-063-6851-6100-0124) 25,051
030-063-6851-6100-0138) 47,517
030-063-6851-6100-0151) 17,633
030-063-6851-6100-0201) 11,579
030-063-6851-6100-0202) 5,783
030-063-6851-6100-0204) 11,260
$ 138,033,554
169,550
460,118
$ 138,033,554
169,550
460,118
17) Professional Services
18) Lease of Equipment
19) Lease of Facility
2O
21
22
23
24
25
26
27
28
29
Instructional Supplies
Equipment
Instructors
Social Security
~ Retirement
Health Insurance
Federal Grant Receipts
State Grant Receipts
Local Match
Federal Grant Receipts
(030-063-6851-6100-0382) $ 2,000
(030-063-6851-6100-0541) 2,524
(030-063-6851-6100-0542) 77,356
(030-063-6851-6100-0614) 8,500
(030-063-6851-6100-0821) 4,375
(030-063-6851-6140-0121) 76,957
(030-063-6851-6140-0201) 5,887
(030-063-6851-6140-0202) 7,265
(030-063-6851-6140-0204) 8,091
(030-062-6333-1102) 169,550
(030-063-6851-1100) 136,088
(030-063-6851-1101) 239,030
(030-063-6851-1102) 85,000
Pursuant to the provisions of Section 12 of the City Charter, the
second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 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. 36395-061603 amending and reordaining certain
sections of the 2002-03 School Fund Appropriations, providing for transfer of $242,500.00
from the fiscal year 2002-03 Capital Maintenance and Equipment Replacement Fund; and
dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36395-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
School Fund Appropriations, and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that cedain sections of
the 2002-2003 School Fund Appropriations be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Education $138,286,712
Facilities (1) ............................................................................................. 3,989,326
Fund Balance
Reserved for CMERP - Schools (2) ........................................................... $ 306,735
1) Buildings (030-065-6006-6896-0851) $ 242,500
2) Reserved for
CMERP - Schools (030-3324) (242,500)
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.
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
F. B. Webster Day
Marsha W. Ellison
William H. Lindsey
Melinda J. Payne
Robert J. Sparrow
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
//-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
3une 16, 2003
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 June 10 meeting, the
Board respectfully requests City Council to approve the following
appropriations:
· $242,500.00 from the FY2002-03 Capital Maintenance and Equipment
Replacement Fund for the construction of a bus washing building and
equipment at the new Transportation Facility.
· $169,550.00 for the Addison Community Learning Center for FY2003-
04 to address the critical attendance, academic, and parental
involvement needs of the community in a safe, supervised, and
nurturing environment. This continuing program is one hundred
percent reimbursed by federal funds.
· $460,118.00 for the Blue Ridge Technical Academy for FY2003-O4 to
provide a business and technical education training program for a
diverse population of students. This continuing program is funded with
State aid monies, a State TSAEP grant, alternative education matching
funds, facility lease matching funds, local matching funds, and federal
grant receipts.
Thank you for your attention to this request.
Sincerely,
Cindy H. Lee, Clerk
re
CC:
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mr. Jim Wells (with accounting
details)
Preparing Students for Success
JESSE A. HALL
Director of Finance
June 16, 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 Bevedy 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:
$242,500 from the FY2002-03 Capital Maintenance and Equipment Replacement Fund
for the construction of a bus washing building and equipment at the new transportation
facility.
$169,550 for the Addison Community Learning Center for FY2003-04 to address the
critical attendance academic and parental involvement needs of the community in a
safe, supervised and nurturing environment. This continuing program is one hundred
percent reimbursed by federal funds.
$460,118 for the Blue Ridge Technical Academy for FY2003-04 to provide a business
and technical education training program for a diverse population of students. This
continuing program is funded with State aid monies, a State ISAEP grant and
alternative education matching funds, facility lease matching funds, local matching
funds and federal grant receipts.
Honorable Mayor and Members
Of City Council
June 16, 2003
Page 2
recommend that you concur with this report of the School Board.
Sincerely,
Jesse A. Hall
Director of Finance
Attachment
JAH/ctg
C:
Dadene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File//110-488
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. 36397-061603 providing for reconstitution of the
Roanoke Neighborhood Partnership Steering Committee as the Roanoke Neighborhood
Advocates (RNA),stating the objectives, duties and responsibilities of the RNA, and
repealing Resolution No. 25394, effective July 1,2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Gwin E. Ellis, Acting Roanoke Neighborhood Partnership Coordinator
H:tAgenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36397-061603.
A RESOLUTION providing for the reconstitution of the Roanoke Neighborhood
Partnership Steering Committee as the Roanoke Neighborhood Advocates (RNA), stating the
objectives, duties and responsibilities of the RNA, and repealing Resolution No. 25394, effective
July 1, 2003.
WHEREAS, the City of Roanoke's future depends upon the vitality of its neighborhoods,
and the Council of the City of Roanoke ("Council") wishes to encourage the growth, in number
and capacities, of wide varieties of neighborhood-based organizations; and
WHEREAS, this Council wishes to reconstitute the Roanoke Neighborhood Partnership
Steering Committee ("RNPSC") as the Roanoke Neighborhood Advocates ("RNA") and set
forth the duties and responsibilities of the RNA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
I.
The Roanoke Neighborhood Partnership Steering Committee ("RNPSC") shall be
reconstituted as the Roanoke Neighborhood Advocates ("RNA"), effective July 1, 2003.
2. The RNA shall do the following:
(a) create, develop, implement and maintain a strategic business plan that
directs the activities of the organization toward effective advocacy on behalf of the
neighborhoods of Roanoke;
(b) advise this Council and the City's administration concerning existing and
proposed public policies affecting the vitality of neighborhoods and neighborhood
organizations;
(c) inform neighborhood-based organizations and the public of existing and
proposed public policies and courses of action that support neighborhoods and
neighborhood organizations;
(d) advise neighborhood-based organizations in building their organizational,
administrative and advocacy capacities;
(e) oversee preparation of an annual State of the Neighborhoods report to this
Council that meets the requirements of Action NH A10 and A11 of Vision 2001 - 2020;
(f) oversee the administration of the Neighborhood Grant Program, such
funds granted under the Neighborhood Grant Program to meet criteria established by the
RNA;
(g) advise the Department of Housing and Neighborhood Services ("DHNS")
concerning neighborhoods and neighborhood organizations; and
(h) assist and work in partnership with the Roanoke Neighborhood
Partnership and the DHNS in the recruitment of volunteers, outreach and support to
neighborhoods and neighborhood organizations by serving as a liaison to neighborhood
groups, regularly attending neighborhood meetings, being involved in community
projects, trainings, or other activities, and providing written feedback and
recommendations about needs, events, and activities in neighborhoods.
3. Staff functions, staff support and resources shall be performed for the RNA as
agreed between the RNA and the City administration.
4. The RNA shall consist of thirteen (13) members, and the RNA shall recommend
potential appointees to this Council when vacancies occur.
5. In order to establish the RNA, this Council shall select seven (7) of the initial
appointees, at least five (5) of whom shall be from the current membership of the RNPSC, and
the initial seven (7) appointees selected by this Council shall select the remaining six (6)
members of the RNA.
6. Appointment to the RNA shall be for a term of tbxee (3) years on a rotating basis.
7. The RNA shall develop its bylaws and submit the same to this Council for
approval by December 31, 2003.
8. Resolution No. 25394, adopted November 24, 1980, is hereby repealed, effective
July 1, 2003.
ATTEST:
City Clerk.
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 2, 2003
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jn
Beverly 'E Fitzpatrick, Jn
C. Nelson Hams
Linda F. Wyatt
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Attached for your consideration is a Resolution that provides for the reconstitution of the
Roanoke Partnership Steering Committee (RNPSC) as the Roanoke Neighborhood
Advocates (RNA), stating the objectives, duties and responsibilities of the RNA, and
repealing Resolution No. 25394, effective July 1, 2003.
The Roanoke Neighborhood Partnership, a public/private partnership including
neighborhood, businesses, civic and human service agencies, and the City government,
has been actively involved in supporting community activities since 1980. It has grown
from the initial four neighborhood groups to an active membership of 32 neighborhoods
and 2 business organizations. The Partnership has evolved from its initial role of
supporting and developing organizations to providing technical assistance on a range of
projects such as the creation of neighborhood development corporations, neighborhood
watch programs, leadership training, grant writing, and self-sufficiency.
On December 17, 2001, City Council concurred in the formation of an ad hoc study
committee to review the design, role and responsibilities of the RNPSC. Current RNPSC
chairman Carl Cooper, RNPSC members Robin Murphy-Kelso and Paula Prince, former
Council Member Bill Carder, and I served on the study committee, with staff support from
Assistant City Manager Rolanda Russell and Roanoke Neighborhood Partnership
Coordinator Stephen Niamke. The committee held public hearings and met with the
RNPSC to reach consensus on the proposed mission and goal of the reconstituted
organization. The committee worked with the City Attorney's Office to draft the attached
resolution.
The first task of RNA will be to develop a set of by-laws outlining its mode of governance
and operating rules. The by-laws will be submitted to City Council for endorsement no later
than December 31,2003, and thereafter be made available to the interested neighborhood
organizations and the general public.
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
June 2, 2003
Page 2
I respectfully request your concurrence in approving the attached Resolution to reconstitute
the Roanoke Neighborhood Partnership Steering Committee as the Roanoke
Neighborhood Advocates.
Sincerely,
William D. Bestpitch
Council Member
WDB:snh
Attachment
pc:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #184
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,
June 16, 2003, Council Member Wyatt requested a report on the percentage of turnover
in City departments over the past three to four years, in both management and staff
positions.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Kenneth S. Cronin, Director, Human Resources
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #60-184
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,
June 16, 2003, Council Member Wyatt called attention to the City's new overtime policy
and certain alleged instances when staff who qualify for ovedime pay earn more than
supervisors who do not qualify for overtime pay. She requested that inequities, if any, be
reviewed by the City Manager.
Sincerely,
City Clerk
MFP:mh
pc: Kenneth S. Cronin, Director, Human Resources
HSAgenda.03\June 16, 2003 correspondenceee.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #5-227-467
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, Council Member Wyatt called attention to recent newspaper articles
regarding violence in the schools which is an emotionally charged issue. She requested
that the City Manager ensure that City of Roanoke police officers are treated fairly as the
issue is addressed.
Sincerely,
City Clerk
MFP:mh
H:~Agenda.03\June 16, 2003 correspondenceee.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
Tclephone: (540) 853-2541
Fax: (540) 853-1 t45
E-mail: clerk@ci.roanoke.va.us
June 26,2003
File #15-110-323
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Wilburn C. Dibling, Jr.
1515 Lakecrest Court, S. W.
Roanoke, Virginia 24018
Dear Mr. Dibling:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were appointed as a member of the Roanoke Public Library Board, for
a term commencing July 1,2003 and ending June 30, 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\June !6, 2003 Oaths wpd
Mr. Wilburn C. Dibling, Jr.
June 26, 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 Roanoke Public
Library Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Wlodek A. Zaryczny, Secretary, Roanoke Public Library Board
Stephanie M. Moon, Deputy City Clerk
N:\Cl~MHl~Agenda.03\June 16, 2003 Oaths,wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
To-wit:
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 sixteenth day of June, 2003, WlLBURN C. DIBLING, JR., was appointed
as a member of the Roanoke Public Library Board, for a term commencing July 1,2003
and ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
June 26, 2003
File #15-110-323
Mr. Michael L. Ramsey
3015 Carolina Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Ramsey:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Roanoke Public Library Board,
for a term ending June 30, 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:\CKMHl~Agenda.03\June 16. 2003 Oaths.wpd
Mr. MichaelL. Ramsey
June 26,2003
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
Roanoke Public Library Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc~
Wlodek A. Zaryczny, Secretary, Roanoke Public Library Board
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, MICHAEL L. RAMSEY was reappointed as
a member of the Roanoke Public Library Board, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda,03\June 16, 2003 Oaths,wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: {540) 853-2541
Fax: (540) 853-1145
E-mail: clerkC~ci.roanoke.va, us
June 26,2003
File #15-110-323
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Brooke M. Parrott
714 Wildwood Road, S. W.
Roanoke, Virginia 24014
Dear Ms. Parrott:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Roanoke Public Library Board,
for a term ending June 30, 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 AcL
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
Ms. Brooke M. Parro~
June 26,2003
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
Roanoke Public Library Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Wlodek A. Zaryczny, Secretary, Roanoke Public Library Board
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, BROOKE M. PARROTT was reappointed as
a member of the Roanoke Public Library Board, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-! 145
E-mail: clerk~ci.roanoke.va.us
June 26,2003
File #15-110-230
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. William B. Hopkins, Jr.
2734 Crystal Spring Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Hopkins:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were appointed as a member of the Roanoke Arts Commission, to fill
the unexpired term of Robert Humphreys, resigned, ending June 30, 2004.
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~lune 16, 2003 Oaths.wpd
Mr. William B. Hopkins, Jr.
June 26,2003
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 Roanoke Arts
Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03gJune 16, 2003 Oaths.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 sixteenth day of June, 2003, WILLIAM B. HOPKINS, JR., was appointed
as a member of the Roanoke Arts Commission, to fill the unexpired term of
Robert Humphreys, resigned, ending June 30, 2004.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03gJune 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 8~3-1145
E-mail: clerk~ci.roanoke.va.us
June 26,2003
File #15-110-230
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Charles EJordan
25301nglewood Road, S.W.
Roanoke, Virginia 24015
Dear Mr. Jordan:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Roanoke Arts Commission, for
a term ending June 30, 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:\CKMHl~Agenda.03~June 16, 2003 Oaths.wpd
Mr. Charles E. Jo~an
June 26,2003
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
Roanoke Arts Commission.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, CHARLES E. JORDAN was reappointed as
a member of the Roanoke Arts Commission, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda. O3\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIO*,
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
June 26, 2003
File #15-110-230
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. George Kegley
301 Tinker Creek Lane, N. E.
Roanoke, Virginia 24019
Dear Mr. Kegley:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Roanoke Arts Commission, for
a term ending June 30, 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:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
Mr. Geo~e Kegley
June 26,2003
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
Roanoke Arts Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03~June 16, 2003 Oaths,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 sixteenth day of June, 2003, GEORGE KEGLEY was reappointed as a
member of the Roanoke Arts Commission, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03~June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cie rk(~lci.roanoke.va.us
June 26,2003
File #15-110-230
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Susannah Koerber, Curator
Art Museum of Virginia
One Market Square, S. E.
Roanoke, Virginia 24011
Dear Ms. Koerber:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Roanoke Arts Commission, for
a term ending June 30, 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:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
Ms. Susannah Koerber
June 26, 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
Roanoke Arts Commission.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc~
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, SUSANNAH KOERBER was reappointed as
a member of the Roanoke Arts Commission, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
June 26,2003
File #15-110-230
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Kathleen W. Lunsford
2305 Carter Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Lunsford:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Roanoke Arts Commission, for
a term ending June 30, 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:\CKMHl~Agenda,03~June 16, 2003 Oaths.wpd
Ms. KathleenW. Lunsfo~
June 26,2003
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
Roanoke Arts Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda,03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, KATHLEEN W. LUNSFORD was reappointed
as a member of the Roanoke Arts Commission, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, $.W., Room 4.56
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fnx: (540) 853-1145
E-mail: clerk(~ci.roanok¢.va.us
June 26,2003
File #15-110-230
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Courtney A. Penn
506 12th Street, N. W.
Roanoke, Virginia 24017
Dear Mr. Penn:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Roanoke Arts Commission, for
a term ending June 30, 2004.
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:\CKMHl~Agenda.03~June 16, 2003 Oaths.wpd
Mr. Courtney A. Penn
June 26,2003
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
Roanoke Arts Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, COURTNEY A. PENN was reappointed as
a member of the Roanoke Arts Commission, for a term ending June 30, 2004.
June, 2003.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
City Clerk
N:\CKMH 1 ~Agenda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.manoke.va.us
June 26,2003
File #15-110-467
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Michael F. Urbanski
2108 Mt. Vernon Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Urbanski:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Virginia Western Community
College, Board of Directors, for a term ending June 30, 2007.
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:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
Mr. Michael F. Urbanski
June 26,2003
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
Virginia Western Community College, Board of Directors.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Robert H. Sandel, Secretary, Virginia Western Community College, Board of
Directors, P. O. Box 14007, Roanoke, Virginia 24036-4007
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oalhs.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 sixteenth day of June, 2003, MICHAEL F. URBANSKI was reappointed
as a member of the Virginia Western Community College, Board of Directors, for a term
ending June 30, 2007.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03~June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk(~¢i.roanoke.va.us
June 26, 2003
File #15-110-202
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Virginia B. Stuart
3774 Laurel Ridge Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Stuart:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Personnel and Employment
Practices Commission, for a term ending June 30, 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:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
Ms. Virginia B. Stua~
June 26,2003
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
Personnel and Employment Practices Commission.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Kenneth S. Cronin, Secretary, Personnel and Employment Practices Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 cedify that at a regular meeting of Council which
was held on the sixteenth day of June, 2003, VIRGINIA B. STUART was reappointed as
a member of the Personnel and Employment Practices Commission, for a term ending
June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths,wpd
MARY F. PARKER. CMC
City Clerk
CITY OF ROANOK'E
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
June 26,2003
File #15-110-530
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Thomas A. Wood
2020 Mt. View Road
Vinton, Virginia 24179
Dear Mr. Wood:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Towing Advisory Board, for a
term ending June 30, 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:\CKMHl~Agenda.03\June 16, 2003 Oath$.wpd
Mr. Thomas A. Wood
June 26, 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
Towing Advisory Board.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc: Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
To-wit:
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 sixteenth day of June, 2003, THOMAS A. WOOD was reappointed as a
member of the Towing Advisory Board, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
MARY F, PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: ($40) 853-1145
E-maih clcrk~ci.roanoke.va, us
June 26, 2003
File #15-110-530
STEPHANIE M. MOON
D~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Harold F. Wallick
1843 Cranwell Drive
Vinton, Virginia 24179
Dear Mr. Wallick:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Towing Advisory Board, for a
term ending June 30, 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:\CKMHl~Agenda.03\June 16. 2003 Oaths.wpd
Mr. Ha~ld F. Wallick
June 26,2003
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
Towing Advisory Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Thomas A. Wood, Secretary, Towing Advisory Board, 2020 Mt. View Road, Vinton,
Virginia 24179
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, HAROLD F. WALLICK was reappointed as
a member of the Towing Advisory Board, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOK"F
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E.mail: clcrk~ci.roanok¢.va.us
June 26,2003
File #15-110-379
STE?HANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Lucy R. Ellett
3752 Brandon Avenue, S. W.
Roanoke, Virginia 24018
Dear Ms. Ellett:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Roanoke Valley Greenway
Commission, for a term ending June 30, 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:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
Ms. Lucy R. Ellett
June 26,2003
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
Roanoke Valley Greenway Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Lee B. Eddy, Secretary, Roanoke Valley Greenway Commission, 2211 Pommel
Drive, S. W., Roanoke, Virginia 24018
Elizabeth H. Belcher, Greenway Coordinator, P. O. Box 29800, Roanoke, Virginia
24018
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, LUCY R. ELLETT was reappointed as a
member of the Roanoke Valley Greenway Commission, for a term ending June 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03~June 16, 2003 Oaths.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 26, 2003
File #15-110-242
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Clifford R. Weckstein, Judge
Twenty-Third Judicial Circuit of Virginia
Roanoke, Virginia
Dear Judge Weckstein:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as a member of the Court Community Corrections
Program Regional Community Criminal Justice Board, for a term ending June 30, 2005.
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:\CKMHl~Agenda. O3\June 16, 2003 Oaths.wpd
The Honorable Cliffo~ R. Weckstein, Judge
June 26,2003
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
Court Community Corrections Program Regional Community Criminal Justice Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc~
James T. Phipps, Secretary, Court Community Corrections Program Regional
Criminal Justice Board, 516 East Main Street, Salem, Virginia 24153
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.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 sixteenth day of June, 2003, CLIFFORD R. WECKSTEIN was reappointed
as a member of the Court Community Corrections Program Regional Community Criminal
Justice Board, for a term ending June 30, 2005.
Given under my hand and the Seal of the City of Roanoke this twenty-sixth day of
June, 2003.
City Clerk
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
June 26, 2003
File #110-237
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Lucian Y. Grove
3118 Hubbard Road, S. W.
Roanoke, Virginia 24018
Mr. Dennis Tinsley
719 Estates Road, S. E.
Roanoke, Virginia 24014
Mr. Bill Tanger
P.O. Box 1750
Roanoke, Virginia 24008
Mr. Read A. Lunsford
P. O. Box 1205
Roanoke, Virginia 24006
Mr. Mack D. Cooper, II
1410 Main Street, S. W.
Roanoke, Virginia 24015
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as members of the Flood Plain Committee, for terms
ending June 30, 2004.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy
of the Virginia Freedom of Information Act.
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 members of the
Flood Plain Committee.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
John G. Reed, Engineering Liaison, Flood Plain Committee
Stephanie M. Moon, Deputy City Clerk
N:\CKMHl~Agenda.03~June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
June 26, 2003
File #110-518
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Alfred C. Moore
3705 Woodcrest Road, N. W.
Roanoke, Virginia 24012
Mr. Harold H. Worrell, Sr.
1909 Carter Road, S. W.
Roanoke, Virginia 24015
Mr. Robert O. Gray
1837 Carlton Road, S. W.
Roanoke, Virginia 24015
Philip Schirmer
City Engineer
Roanoke, Virginia
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as members of the War Memorial Committee, for
terms ending June 30, 2004.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy
of the Virginia Freedom of Information Act.
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 members of the War
Memorial Committee.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc: Stephanie M. Moon, Secretary, War Memorial Committee
N:\CKMHl~Agenda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~ci.roanoke,va.us
June 26,2003
File #67-110
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Steven Higgs
King & Higgs, P. C.
P. O. Box 1788
Roanoke, Virginia 24008-1788
Ms. Betty Field
2802 South Jefferson Street, S. W.
Roanoke, Virginia 24014
Mr. Richard Clark
Customized Vending Service
4529 Royal Oak Drive, S. W.
Roanoke, Virginia 24018
Dear Ms. Field and Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
June 16, 2003, you were reappointed as members of the Mill Mountain Advisory
Committee, for terms ending June 30, 2004.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy
of the Virginia Freedom of Information Act.
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 members of the Mill
Mountain Advisory Committee.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Kyna A. Jones, Secretary, Mill Mountain Advisory Committee
Stephanie M. Moon, Deputy City Clerk
N:\CKMH l~,genda.03\June 16, 2003 Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540} 853-2541
Fox: (540) 853-1145
E-mail: clcrk(~ci.roanoke.va.us
June 23,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 36398-061603 rezoning a tract of land located at
5008 Hildebrand Road, N. W., identified as Official Tax No. 2201401, from RS-3,
Residential Single-family District, to C-1, Office District, subject to certain conditions
proffered by the petitioner; and dispensing with the second reading of the 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, June 16, 2003, and is in full force and effect
upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
The Carpet Shop of Roanoke, Inc., P. O. Box 12068, Roanoke, Virginia 24022
Mr. Wilton V. Cooper, 5014 Hubert Road, N. W., Roanoke, Virginia 24012
Ms. Helen V. CIower, 5008 Hubert Road, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Gary C. Smart, 5002 Hubert Road, N. W., Roanoke, Virginia 24012
Mr. James Earl Greer, 4932 Hubert Road, N. W., Roanoke, Virginia 24012
Jody A. Chambers, 4935 Hubert Road, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Chad W. Portnova, 4940 Hildebrand Road, N. W., Roanoke, Virginia
24012
Ms. Joyce Dodson, 4937 Hildebrand Road, N. W., Roanoke, Virginia 24012
Delmas R. Fulk, 4943 Hildebrand Road, N. W., Roanoke, Virginia 24012
H:~Ar]enda,03\June 16. 2003 corres~3ondenceee.wDd
Maryellen F. Goodlatte
June 23,2003
Page 2
pc:
Mr. Jason M. Gunter, 5001 Hildebrand Avenue, N. W., Roanoke, Virginia 24012
Mr. and Mrs. William R. Garcia, 1439 South Carrolton Drive, Covington, Virginia
24426
Mr. and Mrs. Kenneth C. Falk, 1282 Poplar Hill Road, Lexington, Virginia 2445
Rick Williams, President, Williamson Road Action Forum, 3725 Sunrise Avenue,
N. W., Roanoke, Virginia 24012
Mr. Andy Friedman, 2623 Vancouver Drive, N. W., Roanoke, Virginia 24012
Ben Burch, President, Aidee Court Neighborhood Watch, 923 Curtis Avenue, N. E.,
Roanoke, Virginia 24012
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
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36398-061603.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 220, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain conditions proffered by the applicant;
and dispensing with the second reading by title of this ordinance.
WHEREAS, First Church of God, has made application to the Council of the City
of Roanoke to have the hereinafter described property rezoned from RS-3, Residential
Single Family District, to C-I, Office District, subject to certain conditions proffered by
the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on June 16, 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
H:/ORDINANCES/O-REZOFIRSTCHGOD061603 DOC
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. 220 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
Certain property located at 5008 Hildebrand Road and designated on Sheet No. 220
of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2201401, be, and
is hereby rezoned from RS-3, Residential Single Family District, to C-i, Office District,
subject to the proffers contained in the Third Amended Petition fried in the Office of the
City Clerk on May 23, 2003, and that Sheet No.220 of the 1976 Zone Map be changed in
this respect.
2.
reading of this ordinance by title is hereby dispensed with.
ATTEST:
Pursuant to the provisions of Section 12 of the City Charter, the second
City Clerk.
H:IORDINANCESIO-REZOFIRSTCHGODO61603 DOC
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: planning~ci.roanoke.va.us
June 16,2003
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:
Request from First Church of God, represented by Maryellen F.
Goodlatte, attorney, to rezone one tract of land located at 5008
Hildebrand Road, N.W., identified as official Tax Map Number
2201401, from RS-3, Residential Single-Family, District, to C-1,
Office District, such rezoning to be subject to certain conditions.
Planning Commission Action:
Public hearing was held on Thursday, May 15, 2003. By a vote of 4-0 (Messrs.
Chrisman and Rife absent), the Commission recommended approval of a third
amended petition to rezone.
Background:
A petition to rezone was filed on April 3, 2003. An amended petition was filed on
April 30, 2003, and a second amended petition was filed on May 6, 2003. A third
amended petition was filed on May 23, 2003, with the following proffered
conditions:
That the property will be developed in substantial conformity with the
Site Plan made by Hughes Associates Architects, dated April 3, 2003,
revised April 22, 2003, and May 5, 2003, attached to this petition as
Exhibit B, subject to any changes required by the City during the
Comprehensive Site Plan review.
2. That the following C-1 uses would be the only uses permitted on the
property:
(a) Single-family detached dwellings;
(b) Elementary and secondary schools; and
(c) Churches, synagogues and other places of worship, including
accessory columbariums.
3. That the new building addition shall have a brick facade.
Considerations:
The subject property is a 1.29-acre parcel bounded by Hildebrand Road, N.W.,
Curtis Avenue, N.W., Hubert Road, N.W., and Whitney Avenue, N.W. A building
housing the First Church of God and a single-family detached dwelling used for
the church parsonage are located on the subject property. The rezoning request
is a result of the church's proposal to expand its facilities on the site.
The subject parcel is currently zoned RS-3, Residential Single-Family District.
Surrounding zoning and land uses are residential and commercial.
Properties on the opposite side of Whitney Avenue, N.W., across from the
church, are zoned C-2, General Commercial, and include the church
parking lot and a multifamily residential development consisting of two
three-story buildings containing a total of 42 units.
Properties to the west of Curtis Avenue along the northern frontage of
Hildebrand Road are a mix of RS-3, Residential Single-Family, RM-2,
Residential Multifamily, Medium Density, and C-2, General Commercial.
Land uses include a single-family dwelling, a duplex, a three-story
multifarnily structure containing 18 units, and a labor union organization.
Properties to the west of Curtis Avenue on the southern frontage of
Hildebrand Road are zoned C-2, General Comrnercial, and include the
church parking lot as previously mentioned, a club, and an automobile
transmission service establishment.
Properties directly to the east, southeast, and south of the subject parcel
are zoned RS-3, Residential Single-Family, and are developed
residentially.
The petitioner requests that the subject property be rezoned to permit an
expansion of the First Church of God, currently operating on the property. Such
expansion is being proposed to provide a new fellowship hall for the church, and
in the future, to provide classrooms for an elementary school.
Although a church and a single-family detached dwelling, currently used for the
church parsonage, are permitted uses in the RS-3, Residential Single-Family,
District, the proposed building addition would cause development on the site to
exceed the thirty-five (35) percent maximum lot coverage of the RS-3 District.
The requested rezoning to C-1, Office District would permit greater lot coverage.
· The C-1, Office District, permits up to fifty (50) percent lot coverage.
· On the subject property of 56,192 square feet, a C-1 zoning designation
would permit lot coverage up to 28,096 square feet (50 percent).
The building addition would add 6,500 square feet of footprint area,
bringing development on the site to an overall lot coverage of 25,789
square feet (46 percent).
The minimum open space required in the C-1, Office District, is fifteen (15)
percent of the lot area. The proffered site plan would provide 28,203 square feet
of open space or fifty (50) percent of the total lot area of the subject parcel.
Parking for the building addition would be provided on the existing church parking
lot on the northwest side of Whitney Avenue. No parking areas would be
constructed on the subject parcel.
Given the subject parcel's containment by being bounded on all four sides by
streets and the property's location relative to the more intense commercial uses
of Williamson Road and the adjacent residential neighborhood, the church
creates an appropriate transitional buffer between commercial areas and the Iow
density residential neighborhood. Furthermore, neither of the two lots on Curtis
Avenue opposite the church and the proposed addition contains houses which
face the subject property; each of those houses is oriented to Hildebrand Road
and Hubert Road respectively. Although lot coverage would increase, the
proffered site plan provides for more than fifty (50) percent of open space on the
site.
The petitioner's proffered site plan provides for foundation plantings along the
base of the building addition. Such foundation planting provides a residential
characteristic that recognizes the existence of and is compatible with the
adjacent residential neighborhood.
The petitioner proffers a short list of permitted C-1 uses on the subject property,
limited to single-family dwellings, elementary and secondary schools, and
churches. Such use limitations substantially decrease the potential impact of the
requested rezoning on the surrounding neighborhood since the church and a
single-family dwelling currently exist on the site as permitted uses in the RS-3,
Residential Single-Family, District. In addition, elementary and secondary
schools are permitted by special exception in the RS-3 District.
With the proffered site plan and permitted uses, the petitioner has addressed use
and site development issues that relate to protecting the adjacent residential
neighborhood to the east and south. Given those proffers, the application of the
C-1, Office District, to the subject property is deemed appropriate. Within the
parameters of this petition, the rezoning of the subject property to C-1, Office
District, would permit the church to more fully utilize an existing site for its
purposes, while not permitting unlike, incompatible uses to encroach on the
residential neighborhood. The residential zoning district to the east and south
would remain intact in terms of where the residential land use pattern currently
exists.
The request of this petition is consistent with Vision 2001-2020's policies of
encouraging greater site coverage for maximum use of sites, strengthening
landscaping to increase compatibility of design, encouraging mixed use, and
establishing transitional buffers between commercial and Iow-density residential
areas. With its proffered conditions, this petition recognizes the viability of the
established adjoining residential neighborhood and the following statements and
policies of Vision 2001-2020:
· A continued comprehensive emphasis on city design will improve
Roanoke's attractiveness for new commercial and residential development
and strengthen individual neighborhoods. (p. 4, Foreword, 2)
· Roanoke's neighborhoods are the basic building blocks in the City. (p. 39,
Housing and Neighborhoods, Policy Approach)
· The quality of the physical environment - attractive streets, buildings,
parks, and open space - has a direct impact on Roanoke's economy, the
sustainability of its neighborhoods. (p. 88, City Design)
· ...encourage maximum use of commercial and industrial sites by
addressing setbacks, lot coverage, parking requirements, and
landscaping. (p. 61, ED A27)
Staff attended a neighborhood informational meeting sponsored by the petitioner
and the petitioner's attorney. No one appeared at that meeting in opposition. No
one has contacted the planning staff in opposition to this petition.
During the Planning Commission public hearing, Maryellen Goodlatte, attorney,
presented the request on behalf of the petitioner. Nancy Snodgrass, City
Planner, presented the staff report, recommending approval of the request.
Planning Commission discussion centered on the following issues regarding the
proposed building addition:
· Exterior material
· Roof pitch
· Scale, proportion, and coverage of windows
In order to provide some flexibility because of the eady stages of this
development, the petitioner would prefer not to proffer an architectural rendering
of the building addition. Because of the need to connect to a roof on the existing
church building, the petitioner is also not comfortable proffering a roof pitch. The
petitioner expressed a willingness to proffer that the exterior material of the
4
building addition would be brick, and Mrs. Goodlatte agreed to file a third
amended petition to include the additional proffer.
Recommendation:
By a vote of 4-0, the Commission recommended approval of the requested
rezoning, as amended by the additional proffer of a brick facade. Given the
proffered conditions of this petition as they relate to maintaining the integrity of
the adjacent residential neighborhood by specifically addressing site
development, landscaping, and permitted use issues, the Commission felt the
rezoning was appropriate.
Respectfully submitted,
~M~an~~
Roanoke City Planning Commission
CC:
Dadene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Maryellen F. Goodlatte, Attorney for the Petitioner
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
Rezoning of one tract of land located at 5008 Hildebrand Road, N.W., identified as
official Tax Map Number 2201401,
from RS-3 (Residential Single-Family District) to C-1 (Office District), such
rezoning to be subject to certain conditions.
THIRD AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
Petitioner FIRST CHURCH OF GOD owns real property in the City of Roanoke,
Virginia, containing 1.29 acres, more or less, located at 5008 Hildebrand Road, N.W. and
being Tax Map Number 2201401. The property is currently zoned RS-3. A map of the
property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
Petitioner requests that the said property be rezoned fi.om RS-3 (Residential
Single-Family District) to C-1 (Office District), subject to certain conditions set forth
below, for the purpose of permitting an expansion of the church already operating on the
property. The expansion area will provide a new fellowship hall for the church in its first
phase and, in future phases, would provide classrooms for a Christian elementary school.
The site plan prepared by Hughes Associates Architects, dated April 3, 2003, revised
April 22, 2003, and May 5, 2003, is attached hereto as Exhibit B, ("Site Plan").
(c) Churches, synagogues and other places of worship, including
accessory columbariums.
3. That the new building addition shall have a brick faCade.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of
all lots or propcmies immediately adjacent to, immediately across a street or road from the
property to be rezoned.
WHEREFORE, your Petitioner requests that the above-described tract be rezoned
as requested in accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this o,9_~ day of May, 2003.
FIRST CHURCH OF GOD
Of[Counsel
Maryellen F. Goodlatte, Esq.
Glcmn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
mgoodlatte~gfdg.com
First Church of God, owner of the property subject to thi
consents to this third amended rezoning petition and agre
that are proffered in this third amended petition.
FIRST CHU
third amended petition, hereby
to be bound by the conditions
2H OF GOD
4
:I llil[ [
ADJOINING PROPERTY OWNERS
FOR
Tax Parcel Numbered 2201401
5008 Hildebrand Road, N.W.
Lot Acreage, Block 2, Church Court
TRUSTEES, CHURCH OF GOD, ANDERSON, INDIANA
Tax Map Number
2200225
2200216
2200207
2200208
2200209
2200301
2200401
Owner/Owners and Mailing Address
Trustees, First Church of God
5125 Hildebrand Road, N.W.
Roanoke, Virginia 24012
The Carpet Shop of Roanoke, Inc.
P. O. Box 12068
Roanoke, Virginia 24022
Wilton Victor Cooper
5014 Hubert Road, N.W.
Roanoke, Virginia 24012
Helen V. Clower
5008 Hubert Road, N.W.
Roanoke, Virginia 24012
Gary C. Smart
Rhonda R. Smart
5002 Hubert Road, N.W.
Roanoke, Virginia 24012
James Earl Greer
4932 Hubert Road, N.W.
Roanoke, Virginia 24012
Jody A. Chambers
4935 Hubert Road, N.W.
Roanoke, Virginia 24012
2200405
2200502
2200501
2201501
2200230
2200232
Chad W. Portnova
Kendra F. Portnova
4940 Hildebrand Road, N.W.
Roanoke, Virginia 24012
Joyce Dodson
4937 Hildebrand Road, N.W.
Roanoke, Virginia 24012
Delmas Russell Fulk
4943 Hildebrand Road, N.W.
Roanoke, Virginia 24012
Jason M. Gunter
5001 Hildebrand Avenue, N.W.
Roanoke, Virginia 24012
William R. Garcia
Jerelene M. Garcia
1439 South Carrolton Drive
Covington, Virginia 24426
Kenneth C. Falk
Roberta E. Falk
1282 Poplar Hill Road
Lexington, Virginia 24450
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
June 11,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001-2887
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
June 16, 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 First Church of God that a tract of land located
at 5008 Hildebrand Road, N. W., identified as Official Tax No. 2201401, be rezoned from
RS-3, Residential Single-family District, to C-1, Office District, subject to certain conditions
proffered by the petitioner.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the June 16
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:mh
Enclosure
Sincerely,
City Clerk
H:~,Public Hearings.03~June 16.att-po.lttrs~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) 853ol 145
E-mail: clerk~ci.roanoke.v~us
June 11,2003
STEPHANIE M. MOON
Deputy City Clcrk
SHEILA N. HARTIVIAN
Assistant City Clcrk
File #51
The Carpet Shop of Roanoke, Inc.
Mr. Wilton V. Cooper
Ms. Helen V. Clower
Mr. and Mrs. Gary C. Smart
Mr. James Ead Greer
Mr. Jody A. Chambers
Mr. and Mrs. Chad W. Portnova
Ms. Joyce Dodson
Ms. Delmas R. Fulk
Mr. Jason M. Gunter
Mr. and Mrs. William R. Garcia
Mr. and Mrs. Kenneth C. Falk
Rick Williams, President
Williamson Road Action Forum
Mr. Andy Friedman
Ben Burch, President
Aidee Court Neighborhood Watch
Ladies and Gentlemen;
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
June 16, 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 First Church of God that a tract of land located
at 5008 Hildebrand Road, N. W., identified as Official Tax No. 2201401, be rezoned from
RS-3, Residential Single-family District, to C-1, Office District, subject to certain conditions
proffered by the petitioner.
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.
Mary F. Parker, CMC
City Clerk
MFP:mh
H:\Public Headngs.03~lune 16.att-po.lttrs.wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ...........................
GLENN, FELDMANN, DAR
PO BOX 2887
ATTN: MARYELLEN GOOD
ROANOKE VA 24001
REFERENCE: 80025065
02136688
Hildebrand Rd.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi/r~nia. Sworn and subscribed before me this
~/-~ day of June 2003. Witness my hand and
~/~ ~_/___ ~m___c~/~_ _ Notary Public
PUBLISHED ON: 05/30 06/06
TOTAL COST:
FILED ON:
230.00
06/06/03
Authorized
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
June 16, 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 of rezoning from RS-3, Residential
Single Family District, to C-l, Office District, subject to certain proffered conditions, the
following property:
That tract of land located at 5008 Hildebrand Road, N.W., identified as
Official Tax No. 2201401.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, June 12, 2003.
GIVEN under my hand this 27th day of I~lay ,2003.
Mary F. Parker, City Clerk.
It LNOTICES/N REZOFI RS TCHGO DO61603.DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, May 30, 2003, and once on Friday, June 6, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Maryellen F. Goodlatte, Esquire
Glenn, Feldmann, Darby & Goodlatte
P.O. Box 2887
Roanoke, Virginia 24001-2887
(540) 244-8018
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 30, 2003
File #51
Robert B. Marietta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a third amended petition received in the City Clerk's Office on
May 23, 2003, from Maryellen F. Goodlatte, Attorney, representing First Church of God,
requesting that a tract of land, containing 1.29 acre, more or less, located at 5008
Hildebrand Road, N. W., identified as Official Tax No. 2201401, be rezoned from RS-3,
Residential Single-family District, to C-1, Office District, subject to certain conditions
proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMH 1 ~Rezonings - Street. Alley Closings.03~First Church of God. Rezoning.third amended.wpd
Robed B. Manetta
May 30,2003
Page 2
pc~
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
MaC[ha 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 1LRezonings - Street. Alley Closings.03~First Church of God.Rezoning.third amended.wpd
GLENN
FELDMANN
D-AllY &
GOODLATTE
210 1st Street SW
Suite 200
Post Office Box 2887
Roanoke, Virginia 24001
540 2248000
Fax 5402248050
gfdg~gfdg com
May 23, 2003
MARYELLEN F. GOODLATTE
Direct Dial (540) 224-8018
E-mail mgoodlatte~gfdg.¢om
HAND DELIVERED
Ms. Nancy Snodgrass
Roanoke City Planning & Development
Municipal Building, Room 177
215 Church Avenue, S.W.
Roanoke, Virginia 24014
Re:
Rezoning Tax Map No. 2201401 fi.om RS-3 (Residential
Single-Family District) to C- 1 (Office District)
First Church of God
Dear Nancy:
We enclose an original and two copies of the Third Amended Petition with
all exhibits attached thereto for the above-referenced rezoning.
If you have any questions or need further information, please do not hesitate
to call me.
MFG:lnh:5255000
Enclosures
Very truly yours,
Maryellen F. Goodlatte
~sSt Church of God (w/encs.) · Mary F. Parker (w/encs.)
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
Rezoning of one tract of land located at 5008 Hildebrand Road, N.W., identified as
official Tax Map Number 2201401,
from RS-3 (Residential Single-Family Distric0 to C-1 (Office District), such
rezoning to be subject to certain conditions.
THIRD AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
Petitioner FIRST CHURCH OF GOD owns real property in the City of Roanoke,
Virginia, containing 1.29 acres, more or less, located at 5008 Hildebrand Road, N.W. and
being Tax Map Number 2201401. The property is currently zoned RS-3. A map of the
property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
Petitioner requests that the said property be rezoned t~om RS-3 (Residential
Single-Family District) to C-1 (Office District), subject to certain conditions set forth
below, for the purpose of permitting an expansion of the church already operating on the
property. The expansion area will provide a new fellowship hall for the church in its first
phase and, in future phases, would provide classrooms for a Christian elementary school.
The site plan prepared by Hughes Associates Architects, dated April 3, 2003, revised
April 22, 2003, and May 5, 2003, is attached hereto as Exhibit B, ("Site Plan").
Your petitioner believes the rezoning of the property will further the intent and
purposes of the City's Zoning Ordinance and Vision 2001-2020, the City's
Comprehensive Plan. Through its expansion, First Church of God will be providing
positive programs for Roanoke's youth as well as providing them role models for success.
In addition, the church will continue to be an effective buffer between the Williamson
and Hershberger C-2 commercial areas and their RS-3 residential neighbors. The
foundation plantings identified on the Site Plan along the base of the addition to the
Church provide a residential-style landscaping treatment for the Church's residential
neighbors.
Your petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that it will abide by, the following
conditions:
1.
That the property will be developed in substantial conformity with the Site
Plan made by Hughes Associates Architects, dated April 3, 2003, revised April 22, 2003,
and May 5, 2003, attached to this petition as Exhibit B, subject to any changes required
by the City during the Comprehensive Site Plan review.
2. That the following C-1 uses would be the only uses permitted on the
property:
(a)Single-family detached dwellings;
(b) Elementary and secondary schools; and
(c) Churches, synagogues and other places of worship, including
accessory columbariums.
3. That the new building addition shall have a brick fagade.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of
all lots or properties immediately adjacent to, immediately across a street or road from the
property to be rezoned.
WHEREFORE, your Petitioner requests that the above-described tract be rezuned
as requested in accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this ~--~ day of May, 2003.
FIRST CHURCH OF GOD
OffCounsel
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
mgoodlatte@gfdg.com
First Church of God, owner of thc property subject to thi;
consents to this third araendecl rezoning petitSon and agrc,
that are proffered in this third amended petition.
third amended petition, hereby
;s to be bound by the conditions
FIRST CHU kCH OF GOD
4
ADJOINING PROPERTY OWNERS
FOR
Tax Parcel Numbered 2201401
5008 Hildebrand Road, N.W.
Lot Acreage, Block 2, Church Court
TRUSTEES, CHURCH OF GOD, ANDERSON, INDIANA
Tax Map Number
2200225
2200216
2200207
2200208
2200209
2200301
2200401
Owner/Owners and Mailing Address
Trustees, First Church of God
5125 Hildebrand Road, N.W.
Roanoke, Virginia 24012
The Carpet Shop of Roanoke, Inc.
P. O. Box 12068
Roanoke, Virginia 24022
Wilton Victor Cooper
5014 Hubert Road, N.W.
Roanoke, Virginia 24012
Helen V. Clower
5008 Hubert Road, N.W.
Roanoke, Virginia 24012
Gary C. Smart
Rhonda R. Smart
5002HubertRoad, N.W.
Roanoke, Virginia 24012
James Earl Greer
4932 Hubert Road, N.W.
Roanoke, Virginia 24012
Jody A. Chambers
4935 Hubert Road, N.W.
Roanoke, Virginia 24012
2200405
Chad W. Pormova
Kendra F. Portnova
4940 Hildebrand Road, N.W.
Roanoke, Virginia 24012
2200502
Joyce Dodson
4937 Hildebrand Road, N.W.
Roanoke, Virginia 24012
2200501
Delmas Russell Fulk
4943 Hildebrand Road, N.W.
Roanoke, Virginia 24012
2201501
Jason M. Gunter
5001 Hildebrand Avenue, N.W.
Roanoke, Virginia 24012
2200230
William R. Garcia
Jerelene M. Garcia
1439 South Carrolton Drive
Covington, Virginia 24426
2200232
Kenneth C. Falk
Roberta E. Falk
1282 Poplar Hill Road
Lexington, Virginia 24450
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) 8534 145
E-mail: clerk@ci.roanok¢.va.us
STEPHANIE M. MOON
Depuly City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
May 9, 2003
File #51
Robert B. Marietta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a second amended petition received in the City Clerk's Office on
May 7, 2003, from Maryellen F. Goodlatte, Attorney, representing First Church of God,
requesting that a tract of land, containing 1.29 acre, more or less, located at 5008
Hildebrand Road, N. W., identified as Official Tax No. 2201401, be rezoned from RS-3,
Residential Single-family District, to C-1, Office District, subject to certain conditions
proffered by the petitioner.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMHl~Rezonings ~ Street. Alley Closings.03~First Church of God. Rezoning.second amended.wpd
Robed B. Manetta
May 9,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMH1LRezonings - S~-eet. Alley Closings.03~First Church of God.Rezoning.second amended.wpd
GLENN
FELDMANN
DARBy&
GOODLATTE
210 1st Street SW
Suite 200
Post Office Box 2887
Roanoke, Virginia 24(X31
540224.8000
Fax 540224 8050
gfdge~gfdg com
May 6, 2003
MARYELLEN F. GOODLATTE
Direct Dial (540) 224-8018
E-mail mgoodlatte~gfdg.com
HAND DELIVERED
Ms. Nancy Snodgrass
Roanoke City Planning & Development
Municipal Building, Room 177
215 Church Avenue, S.W.
Roanoke, Virginia 24014
Re:
Rezoning Tax Map No. 2201401 from RS-3
Single-Family District) to C-1 (Office Dislrict)
First Church of God
(Residential
Dear Nancy:
We enclose an original and two copies of the Second Amended Petition with
all exhibits attached thereto for the above-referenced rezoning.
If you have any questions or need further information, please do not hesitate
to call me.
MFG:lnh:5255000
Enclosures
Very truly yours,
Maryellen F. Goodlatte
First Church of God (w/encs.)
'"'Ms. Mary F. Parker (w/encs.)
COPY
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of one tract of land located at 5008 Hildebrand Road, N.W., identified as
official Tax Map Number 2201401,
from RS-3 (Residential Single-Family District) to C-1 (Office District), such rezoning to
be subject to certain conditions.
SECOND AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
Petitioner FIRST CHURCH OF GOD owns real property in the City of Roanoke,
Virginia, containing 1.29 acres, more or less, located at 5008 Hildebrand Road, N.W. and
being Tax Map Number 2201401. The property is currently zoned RS-3. A map of the
property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
Petitioner requests that the said property be rezoned from RS-3 (Residential Single-Family
District) to C-1 (Office District), subject to certain conditions set forth below, for the purpose
of permitting an expansion of the church already operating on the property. The expansion
area will provide a new fellowship hall for the church in its first phase and, in futura phases,
would provide classrooms for a Christian elementary school. The site plan prepared by
Hughes Associates Architects, dated April 3, 2003, revised April 22, 2003, and May 5, 2003,
is attached hereto as Exhibit B, ("Site Plan").
Your petitioner believes the rezoning of the property will further the intent and
purposes of the City's Zoning Ordinance and Vision 2001-2020, the City's Comprehensive
Plan. Through its expansion, First Church of God will be providing positive programs for
Roanoke's youth as well as providing them role models for success. In addition, the church
will continue to be an effective buffer between the Williamson and Hershberger C-2
commercial areas and their RS-3 residential neighbors. The foundation plantings identified
on the Site Plan along the base of the addition to the Church provide a residential~style
landscaping trentment for the Church's residential neighbors.
Your petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that it will abide by, the following
conditions:
1. That the property will be developed in substantial conformity with the Site
Plan made by Hughes Associates Architects, dated April 3, 2003, revised April 22, 2003, and
May 5, 2003, attached to this petition as Exhibit B, subject to any changes required by the
City during the Comprehensive Site Plan review.
2. That the following C-1 uses would be the only uses permitted on the property:
(a) Single-family detached dwellings;
(b) Elementary and secondary schools; and
(c) Churches, synagogues and other places of worship, including
accessory columbariums.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all
lots or properties immediately adjacent to, immediately across a street or road from the
property to be rezoned.
WHEREFORE, your Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 6; 7/- day of May, 2003.
FIRST CHURCH OF GOD
Og'Counsel
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
mgoodlatte~gfdg.com
3
First Church of God, owner of the property subject to this second amended petition, hereby
consents to this second amended rezoning petition and agrees to be bound by the conditions
that are proffered in this second amended petition.
FIRST CHURCH OF GOD
~..,f~,,..,~.x/,_.. .
, l,j ~1I
I lll ~, ii!
: I,~ Iii Iii
I iii Iii !lJJ
ADJOINING PROPERTY OWNERS
FOR
Tax Parcel Numbered 2201401
5008 Hildebrand Road, N.W.
Lot Acreage, Block 2, Church Court
TRUSTEES, CHURCH OF GOD, ANDERSON, INDIANA
Tax Map Number
2200225
2200216
220O2O7
2200208
22OO209
2200301
2200401
Owner/Owners and Mailing Address
Trustees, First Church of God
5125 Hildebrand Road, N.W.
Roanoke, Virginia 24012
The Carpet Shop of Roanoke, Inc.
P. O. Box 12068
Roanoke, Virginia 24022
Wilton Victor Cooper
5014 Hubert Road, N.W.
Roanoke, Virginia 24012
Helen V. Clower
5008 Hubert Road, N.W.
Roanoke, Virginia 24012
Gary C. Smart
Rhonda R. Smart
5002 Hubert Road, N.W.
Roanoke, Virginia 24012
James Earl Greer
4932 Hubert Road, N.W.
Roanoke, Virginia 24012
Jody A. Chambers
4935 Hubert Road, N.W.
Roanoke, Virginia 24012
2200405
2200502
2200501
2201501
2200230
2200232
Chad W. Portnova
Kendra F. Portnova
4940 Hildebrand Road, N.W.
Roanoke, Virginia 24012
Joyce Dodson
4937 Hildebrand Road, N.W.
Roanoke, Virginia 24012
Delmas Russell Fulk
4943 Hildebrand Road, N.W.
Roanoke, Virginia 24012
Jason M. Gunter
5001 Hildebrand Avenue, N.W.
Roanoke, Virginia 24012
William R. Garcia
Jerelene M. Garcia
1439 South Carrolton Dr/ve
Covington, Virginia 24426
Kenneth C. Falk
Roberta E. Falk
1282 Poplar Hill Road
Lexington, Virginia 24450
MARY F. PARKER, CMC
City Cl~rk
CITY OF ROANOIO*
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.v~us
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
May 2, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of an amended petition received in the City Clerk's Office on
April 30, 2003, from Maryellen F. Goodlatte, Attorney, representing First Church of God,
requesting that a tract of land, containing 1.29 acre, more or less, located at 5008
Hildebrand Road, N. W., identified as Official Tax No. 2201401, be rezoned from RS-3,
Residential Single-family District, to C-1, Office District, subject to certain conditions
proffered by the petitioner.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMH1LRezonings - Street. Alley Closings.03LFirst Church of God. Rezoning.amended.wpd
RobeR B. Manetta
May 2,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMH l~R. ezonings - Street. Alley Closings.03~First Church of God. Rezoning.amended.wpd
GLENN
FELDMANN
DARB¥
GOODLATI'E
210 Ist Street
Suite 200
Post Office Box 2887
Roanoke, Virginia 24001
540.2248000
Fax 540224.8050
gfdg~gfdg.com
April 30, 2003
MARYELLEN F. GOODLATTE
Direct Dial (540) 224-8018
E-mail mgoodlatte~gfdg.¢om
HAND DELIVERED
Ms. Nancy Snodgrass
Roanoke City Planning & Development
Municipal Building, Room 177
215 Church Avenue, S.W.
Roanoke, Virginia 24014
Re: Rezoning Tax Map No. 2201401 ~om RS-3 (Residential
Single-Family District) to C-1 (Office District)
First Church of God
Dear Nancy:
We enclose an original and two copies of the Amended Petition with all
exhibits attached thereto for the above-referenced rezoning.
If you have any questions or need further information, please do not hesitate
to call me.
Very truly yours,
Maryellen F. Goodlatte
MFG:lnh:5255000
Enclosures ,,
cc: F/irst Church of God (w/encs.)
t/Ms. Mary F. Parker (w/encs.)
IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA
IN RE:
Rezoning of one tract of land located at 5008 Hildebrand Road, N.W., identified as
official Tax Map Number 2201401,
from RS-3 (Residential Single-Family District) to C-1 (Office District), such rezoning to
be subject to certain conditions.
AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
Petitioner FIRST CHURCH OF GOD owns real property in the City of Roanoke,
Virginia, containing 1.29 acres, more or less, located at 5008 Hildebrand Road, N.W. and
being Tax Map Number 2201401. The property is currently zoned RS-3. A map of the
property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
Petitioner requests that the said property be rezoned fi'om RS-3 (Residential Single-Family
District) to C-I (Office District), subject to certain conditions set forth below, for the purpose
of permitting an expansion of the church akeady operating on the property. The expansion
area will provide a new fellowship hall for the church in its first phase and, in future phases,
would provide classrooms for a Christian elementary school. The site plan prepared by
Hughes Associates Architects, dated April 3, 2003, and revised April 22, 2003, is attached
hereto as Exhibit B, ("Site Plan").
Your petitioner believes the rezoning of the property will further the intent and
purposes of the City's Zoning Ordinance and Vision 2001-2020, the City's Comprehensive
Plan. Through its expansion, First Church of God will be providing positive programs for
Roanoke's youth as well as providing them role models for success. In addition, the church
will continue to be an effective buffer between the Williamson and Hershberger C-2
commercial areas and their RS-3 residential neighbors. The foundation plantings provided by
the Landscape Plan along the base of the addition to the Church provides a residential-style
landscaping treatment for the Church's residential neighbors.
Your petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that it will abide by, the following
conditions:
1. That the property will be developed in substantial conformity with the Site
Plan made by Hughes Associates Architects, dated April 3, 2003, and revised April 22, 2003,
attached to this petition as Exhibit B, subject to any changes required by the City during the
Comprehensive Site Plan review.
2. That the new building addition shown on the Site Plan will be landscaped in
substantial conformity with the Landscape Plan made by Larry Boitnott of Creative Nursery
dated April 30, 2003, and attached to this petition as Exhibit C.
3. That the following C-1 uses would be the only uses permitted on the property:
(a) Single-family detached dwellings;
(b) Elementary and secondary schools; and
(c) Churches, synagogues and other places of worship, including
accessory columbariums.
2
Attached as Exhibit D are the names, addresses and tax numbers of the owners of all
lots or properties immediately adjacent to, immediately across a street or road fxom the
property to be rezoned.
WHEREFORE, your Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ~O//]- day of April, 2003.
FIRST CHURCH OF GOD
Of~ounsel
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
mgoodlatte@gfdg, com
3
First Church of God, owner of the property subject to this amended petition, hereby consents
to this amended rezoning petition and agrees to be bound by the conditions that are proffered
in this amended petition.
FIRST CHURCH OF GOD
ltS:~
/i
F~I~? ~HU~C,H Ot=
ADJOINING PROPERTY OWNERS
FOR
Tax Parcel Numbered 2201401
5008 Hildebrand Road, N.W.
Lot Acreage, Block 2, Church Court
TRUSTEES, CHURCH OF GOD, ANDERSON, INDIANA
Tax Map Number
2200225
2200216
2200207
2200208
2200209
2200301
2200401
Owner/Owners and Mail/ag Address
Trustees, First Church of God
5125 Hildebrand Road, N.W.
Roanoke, Virginia 24012
The Carpet Shop of Roanoke, Inc.
P. O. Box 12068
Roanoke, Virginia 24022
Wilton Victor Cooper
5014 Hubert Road, N.W.
Roanoke, Virginia 24012
Helen V. Clower
5008 Hubert Road, N.W.
Roanoke, Virginia 24012
Gary C. Smart
Rhonda R. Smart
5002 HubertRoad, N.W.
Roanoke, Virginia 24012
James Earl Greer
4932 Hubert Road, N.W.
Roanoke, Virginia 24012
Jody A. Chambers
4935 Hubert Road, N.W.
Roanoke, Virginia 24012
2200405
Chad W. Portnova
Kendra F. Pormova
4940 Hildebrand Road, N.W.
Roanoke, Virginia 24012
2200502
Joyce Dodson
4937 Hildebrand Road, N.W.
Roanoke, Virginia 24012
2200501
Delmas Russell Fulk
4943 Hildebrand Road, N.W.
Roanoke, Virghaia 24012
2201501
Jason M. Gunter
5001 Hildebrand Avenue, N.W.
Roanoke, Virginia 24012
2200230
William R. Garcia
Jerelene M. Garcia
1439 South Can'olton Drive
Covington, Virginia 24426
2200232
Kenneth C. Falk
Roberta E. Falk
1282 Poplar Hill Road
Lexington, Virginia 24450
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, May 15, 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 First Church of God, represented by Maryellen F. Goodlatte,
attorney, that property located at 5008 Hildebrand Road, N.W., identified as
Official Tax No. 2201401, be rezoned from RS-3, Residential Single Family
District, to C-1, Office District, such rezoning to be subject to certain conditions
proffered by the petitioner.
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 29 and May 6, 2003
Please charge to:
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P O Box 2887
Roanoke, VA 24001-2887
Please 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:
First Church of God at 5008 Hildebrand Road, N.W. )
Official Tax No. 2201401, from RS-3 to C-1 conditional ) AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
15t~ day of April 2003, notices of a public hearing to be held on the 15th day of May,
2003,on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Parcel
2200225
2200216
2200207
2200208
2200209
2200301
2200401
2200405
2200502
2200501
2201501
2200230
2200232
Owner's Name
Petitioner
The Carpet Shop of Roanoke, Inc.
Wilton V. Cooper
Helen V. Clower
Gary and Rhonda Smart
James Earl Greer
Jody A. Chambers
Chad W. and Kendra F. Portnova
Joyce Dodson
Delmas Russell Fulk
Jason M. Gunter
William and Jerelene Gamia
Kenneth and Roberta Falk
Mailinq Address
P O Box12068
Roanoke, VA 24022
5014 Hubert Road, NW
Roanoke, VA 24012
5008 Hubert Road, NW
Roanoke, VA 24012
5002 Hube~ Road, NW
Roanoke, VA 24012
4932 Hube~ Road, NW
Roanoke, VA 24012
4935 Hube~ Road, NW
Roanoke, VA 24012
4940 Hildebmnd Road
Roanoke, VA 24012
4937 Hildebrand Road
Roanoke, VA 24012
4943 Hildebrand Road
Roanoke, VA 24012
5001 Hildebrand Avenue
Roanoke, VA 24012
1439 South Carrolton Dr.
Covington, VA 24426
1282 Poplar Hill Road
Lexington, VA 24450
Rick Williams, President
Williamson Road Action Forum
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Drive, NW
Roanoke, VA 24012
Ben Burch, President
Airlee Court NH Watch
923 Curtis Avenue, NE
Roanoke, VA 24012
Martha Pace Franklin
Doug Trout, Vice Pres.
Williamson Road Action
Forum
169 Maplelawn Avenue
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 15th day of April, 2003.
My Commission Expires: c~/c~ ~ .'7NOtary Pu~ic
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) g53-I 145
E-mail: clerk~ci.roanok¢.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
April 4, 2003
File #51
Robed B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
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 April 3, 2003, from
Maryellen F. Goodlatte, Attorney, representing First Church of God, requesting that a tract
of land, containing 1.29 acre, more or less, located at 5008 Hildebrand Road, N. W.,
identified as Official Tax No. 2201401, be rezoned from RS-3, Residential Single-family
District, to C-1, Office District, subject to certain conditions proffered by the petitioner.
Sincerely,
Mary F. Parker. CMC
City Clerk
MFP:mh
Enclosure
H:~Rezonings - Stceet. Allcy Closings.03~First Church of God. Rczoningwpd
Robe~ B. Manetta
April4,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001-2887
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~Rezonings - Sheet.Alley Closings.03~First Church of God. Rczoning.wpd
MARY F. PARKER, CMC
City Cleflc
CITY OF ROANORT,
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.vn-us
June 23,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEII~A N. HARTMAN
Assistant City Clerk
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
Dear Mr. Lemon:
I am enclosing copy of Ordinance No. 36399-061603 rezoning a tract of land located at
1736 Grandin Road, S. W., Official Tax No. 1440705, from RM~2, Residential Multi-family,
Medium Density District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the petitioner; and dispensing with the second reading by title of
the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Mr. and Mrs. Delford L. Cole, P. O. Box 4656, Roanoke, Virginia 24015
Mr. Daniel E. Winkelman, 1374 Young Wood Circle, Folsom, California 95630
Grandin Village, L.L.C., 4386 Sheldon Drive, S. W., Roanoke, Virginia 24018
Ms. Cheryl A. Austin, 1917 Sherwood Avenue, S. W., Roanoke, Virginia 24015
BCJR Properties, 30 Franklin Road, S. W., Suite 800, Roanoke, Virginia 24011
Mr. and Mrs. Paul A. Henry, 1802 Grandin Road, S. W., Roanoke, Virginia 24015
Mr. Landon M. Arrington, II, 1920 Sherwood Avenue, S. W., Roanoke, Virginia
24015
Mr. and Mrs. Edward J. Bennett, 1801 Greenwood Road, S. W., Roanoke, Virginia
24015
H:~A~enda.03\June 16, 2003 corresDondenceee.w[~d
Stephen W. Lemon
June 23,2003
Page 2
Mr. and Mrs. Dennis U. Austin, Jr., 1811 Greenwood Road, S. W., Roanoke,
Virginia 24015
Mr. Paul Finney, 1855 Greenwood Road, S. W., Roanoke, Virginia 24015
Tom Hanes, President, Greater Raleigh Court Civic League, cio Crews and
Hancock, P. O. Box 21187, Roanoke, Virginia 24018
R. Douglas Ross, Member, Greater Raleigh Court, 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
Mar[ha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~,genda.O3\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
I'Io. 36399-061603.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 144, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain conditions proffered by the applicant;
and dispensing with the second reading by title of this ordinance.
WHEREAS, VHF, LLC, a Virginia limited liability company, has made application
to the Council of the City of Roanoke to have the hereinafter described property rezoned
from RM-2, Residential Multi-family, Medium Density District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said application at its
meeting on June 16, 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. 144 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
A certain tract of land described as Roanoke City Tax Map No. 1440705, 1736
Grandin Road, S.W., Lots 1 and 2, Block 17, Raleigh Court, and designated on Sheet No.
220 of the Sectional 1976 Zone Map, City of Roanoke, be, and is hereby rezoned from
RM-2, Residential Multi-family, Medium Density District, to CN, Commercial
Neighborhood District, subject to the proffers contained in the Second Amended Petition
filed in the Office of the City Clerk on May 19, 2003, and that Sheet No. 144 of the 1976
Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCES/O REZOVHF061603 DOC
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) $53-1230
E-mail: plan ning~ci.roanoke.va.us
June 16,2003
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:
Request from VHF, LLC, a Virginia limited liability company,
represented by Stephen W. Lemon, attorney, that a tract of
land described as Official Tax Map No. 1440705, 1736
Grandin Road, S.W., Roanoke, Virginia, be rezoned from
RM-2, Residential Multifamily, Medium Density District, to
CN, Neighborhood Commercial District, such rezoning to be
subject to certain conditions proffered by the petitioner.
Planning Commission Action:
Public hearing was held on Thursday, May 15, 2003. By a vote of 4-0 (Messrs.
Chrisman and Rife absent), the Commission recommended approval of a second
amended petition to rezone.
Background:
A petition to rezone, with conditions, was filed on April 3, 2003. An amended
petition, with conditions, was filed on May 6, 2003. A second amended petition
to rezone, with conditions, was filed on May 19, 2003.
Conditions proffered by the petitioner are as follows:
The architectural style of the exterior of the existing building shall be
maintained in substantial conformity with its existing appearance
unless destroyed by casualty to such an extent that reconstruction
4
would not be feasible. This proffer shall not include preservation of the
existing roof material or affect the ability to remove the recently added
enclosed porch at the rear of the existing building or the second story
additions to the wings at the sides of the existing structure as set forth
in Exhibit B.
The current orientation of the front and side of the existing structure
shall be maintained and no additional impervious surfaces for parking
shall be allowed between the existing structure and the property lines
on Grandin Road and Sherwood Avenue other than the addition of a 4'
wide by 20' long impervious strip parallel to the existing driveway as
necessary to create the access aisle required by building code to
qualify as handicapped parking.
The Property shall be used for only the following CN permitted uses:
a) Dwellings located above ground floor nonresidential uses;
b) Elementary and secondary schools;
c) Trade and art schools of a nonindustrial nature;
d) Day care centers with unlimited capacity subject to the
requirements of section 36.1-510 et seq.;
e) Day care facilities for the elderly with unlimited capacity;
f) Churches, synagogues and other places of worship, including
accessory columbariums;
g) Libraries, museums, art galleries and art studios and other similar
uses including associated educational and instructional activities;
h) General and professional offices including financial institutions;
i) Medical offices; and
j) Funeral homes.
With the exception of the handicap parking addressed above, all
parking spaces will be located to the rear of the existing building.
Any new construction on the Property will be by way of a single stand
alone building not to exceed 5000 total gross square feet. Any such
new construction shall be oriented to face Sherwood Avenue, utilize
the existing curb cut on Sherwood Avenue and the existing alley and
driveway for access, will not have any off street parking between the
front (Sherwood Avenue) of the building and Sherwood Avenue, shall
not exceed two stories in height, shall be constructed with a hip roof,
shall have a brick fac.~ade on the front (Sherwood Avenue) and the two
sides, all windows installed on the front (Sherwood Avenue) and the
two sides shall have a ratio of width to height of 3 to 5, and the front
facade (Sherwood Avenue) shall be set back at least 15 feet from
Sherwood Avenue.
Any free standing signs erected on the Property shall be monument
signs not exceeding 6 feet in height and shall be limited to one facing
on Grandin Road and one facing on Sherwood Avenue. Said
monument signs shall not exceed 25 square feet of sign surface area
per sign face. Said monument signs shall not be internally illuminated
but may be illuminated by ground lights directed toward the sign face.
Any lighting of the parking areas shall be down lit or shielded from
adjoining properties and any light poles shall not exceed 12 feet in
height.
Considerations:
The subject property is a corner lot at the intersection of Grandin Road and
Sherwood Avenue, S.W. The 25,000 square foot parcel has 100 feet of frontage
on Grandin Road and 250 feet on Sherwood Avenue. A twenty-foot improved
alley (Sweetbrier Lane) runs along the southeastern boundary of the parcel.
A two-story residential structure, oriented to Grandin Road, is located on the site.
Built in 1926 as a single-family residence, the structure has been converted to a
four-unit, multi-family dwelling.
The subject property is zoned RM-2, Residential Multifamily, Medium Density.
Adjoining properties are zoned RM-2 and RS-3, Residential Single Family. Two
parcels in this block of Grandin Road are zoned C-1, Office District. This block
includes several non-residential land uses on some of the residentially zoned
properties as well as on those zoned commercially. A breakdown of the area's
zoning and land use activities is as follows:
· The three other parcels on the east side of Grandin Road between
Sherwood Avenue and Windsor Avenue are zoned RM-2, and contain two
multi-family dwellings (60 and 12 units respectively) and a church.
· The five parcels on the west side of Grandin Road between Sherwood and
Windsor Avenues are zoned RM-2 and C-1, Office District.
o The three RM-2 parcels contain a post office, daycare facility, and a
single-family dwelling. The daycare facility is located in a converted
residential structure, while the post office, located directly across
Grandin Road from the subject property, is a commercial building in
terms of appearance and volume of traffic.
o The two C-1 parcels, located on the Windsor Avenue end of the
block, include office uses, one of which is conditionally restricted to
an existing residential structure.
· The pattern of C-1, Office District, zoning on Grandin Road continues
northward toward Grandin Village, where a changeover to a predominant
CN, Neighborhood Commercial, zoning pattern occurs.
3
· The two parcels across Sherwood Avenue from the subject property are
zoned RM-2 and contain single-family dwellings.
· The property on the southwest corner of the intersection of Grandin Road
and Sherwood Avenue contains a multi-family dwelling (14 units).
· Parcels to the east of the subject property, fronting on Greenwood Road,
are zoned RS-3, Residential Single Family, and are developed with single-
family dwellings.
The Raleigh Court Neighborhood Plan includes the following goal statements:
Assess the appropriateness of future commercial expansion in the
following areas: Grandin between Sherwood and Memorial, Memorial
between Denniston and Roanoke, and Brambleton between Brandon and
Persinger. (p. 35, Commemial Development, Goal 9)
The third goal for Commercial Development is to improve the relationship
of commercial uses to surrounding residential areas. The strategy in
support of this goal is to ensure that new or expanded commercial uses
are compatible with adjacent residences. (p. 27, Commercial
Development)
The subject property is located within the area designated by the neighborhood
plan for consideration of commercial expansion. Given the adjacent residential
districts and the plan's goal of ensuring the compatibility of new or expanded
commercial uses with adjacent residences, the petitioner provides definitive and
measurable characteristics of any potential development or redevelopment on
the site as follows:
In order to maintain the residential appearance of the property from the
street, the residential architectural character of the existing structure
will be maintained and off-street parking will be located to the rear of
the building, except for handicapped access.
In order to reduce the intensity of use on the property and minimize
any potential adverse impact on the adjacent residential neighborhood,
the proffered permitted uses preclude the property being used for retail
or service establishments otherwise permitted in CN.
In order to address the compatibility of any new structure on the
property with the prevailing character of the surrounding neighborhood,
the petition includes the following measurable provisions regarding the
"residential character" of any new construction on the site:
a. Orientation of a new building to Sherwood Avenue with the
prohibition of off-street parking between the front fa(;ade of the
building and Sherwood Avenue;
4
b. Limiting access through the use of an existing curb cut and the
alley;
c. Capping the square footage at a total of 5,000 square feet and the
number of stories of the building at two to retain a height and scale
compatible with the existing residential structure on the site;
d. Requiring a brick fa(;ade on the front and sides of the building,
given the brick facade of the existing residential structure on the
site;
e. Prescribing a hip roof; and
f. Delineating a width to height ratio that is characteristic of
residential-style windows.
4. In order to further address the compatibility of development and
redevelopment on the site with the surrounding neighborhood, the
petitioner has included signage and lighting proffers.
a. The signage proffers restrict the type of freestanding signs to
monument signs and significantly reduce the height of such signs
and their sign surface area.
i. Specifically, with the signage proffers, monument signs will
be limited to six feet in height, compared to Neighborhood
Commercial (CN) sign regulations that permit freestanding
signs up to 25 feet in height.
ii. The signage proffer further limits the sign surface area on
those monument signs to 25 square feet per sign face.
b. The lighting proffer restricts any lighting of the parking area to be
down lit or shielded from adjoining properties and limits the height
of light poles to a maximum of 12 feet. The 12-foot height is a
pedestrian-scaled light and further reduces the potential for light
spillover.
The City Traffic Engineer foresees no significant traffic impact on the
neighborhood given the permitted uses, size of the existing structure and
potential structure, and the fact that access to the subject property does not
require traveling through the balance of the neighborhood. Curb cuts are limited
to those existing on the site along with access via the alley.
Given the existing nonresidential uses in this area of Grandin Road and the
impact on the subject property, the rezoning request is a reasonable
development strategy. The petitioner's request for the CN zoning designation,
with conditions that limit the permitted uses and maintain the residential scale of
the street, allows for an appropriate transitional use buffer between the intensive
retail and service uses and higher density housing of Grandin Road and the
balance of the neighborhood. If the rezoning were approved, the development
regulations in the zoning ordinance would require a 10' wide landscaped buffer
on the subject property where it abuts a residential zone. The existing alley
5
would further separate the subject property from the abutting residential use to
the east on Sherwood Avenue.
Development of the site as proposed is consistent with Vision 2001-2020's
policies of encouraging a mixture of uses and mixed use infill in appropriate
areas, encouraging the adaptive reuse of existing structures, and maintaining the
integrity of existing neighborhoods. Specifically, the proposed development is
consistent with the following policies of Vision 2001-2020:
"Village centers vary in size and scale depending on the nature of
uses and size of the surrounding neighborhood." (p. 40, Strategic
Initiative: Village Centers)
"Commemial Development: Roanoke will encourage commercial
development in appropriate areas (i.e., key intersections and centers)
of Roanoke to serve the needs of citizens and visitors." (p. 59, ED P6)
"Village Centers: Village centers will be pursued as an economic
development strategy to strengthen neighborhoods and the City's
economy." (p. 59, ED P8)
"Off-street parking is added to the rear of the buildings." (p. 97, Small
Village/Neighborhood Center, Parking)
The proffered permitted uses of the property are consistent with "neighborhood
commercial" in a residential context that is compatible with the surrounding
neighborhood. Approval of this request would facilitate the adaptive reuse of a
residential structure, meet Vision 2001-2020's policy of encouraging compact,
efficient development of urban sites, and provide a transitional buffer area
between the more intense retail areas of the village center (Grandin Village) and
medium to high density housing and the nearby Iow density, single-family
residential areas.
On May 1,2003, the board of the Raleigh Court Civic League met to discuss this
petition. Mr. Tom Hanes, president, communicated by phone with staff that the
Civic League does not intend to take a formal position on this petition, in support
of or against. Staff received a phone call from Mr. Paul Finney, 1855 Greenwood
Road, stating his inability to attend the Planning Commission public hearing but
voicing his objection to the request to rezone the subject property to commercial
use. He would like for the property to remain residential.
During the Planning Commission public hearing, Stephen Lemon, attorney,
presented the request on behalf of the petitioner. Nancy Snodgrass, City
Planner, presented the staff report, recommending approval of the request with
proffered conditions.
Planning Commission discussion included the following:
· Exhibit B is a concept plan and not a proffered site plan
· No official position taken by the Raleigh Court Civic League
· Proffering an architectural rendering or elevation of new construction on
the site (petitioner was not ready to do that so the residential character of
the proposed structure is embodied in the language proffers)
A letter from Mr. Landon M. Arrington, 1920 Sherwood Avenue, was entered into
the record at the public hearing. Said letter expressed support for the petition,
with proffered conditions, provided one additional concern be addressed by the
petitioner; namely, that the potential new structure on the site be set back from
the Sherwood Avenue property line in order to provide for landscaping and a
setback in keeping with residential areas (given that CN would require no
minimum front setback from Sherwood). Mr. Lemon agreed to file a second
amended petition that includes a proffer that any new structure built on the site
will be set back 15 feet from the Sherwood Avenue property line.
Recommendation:
By a vote of 4-0, the Commission recommended approval of the rezoning
request, with conditions, as further amended by the additional proffer regarding
the front setback of any new construction on the site. The Commission felt that
the proffered permitted uses and conditions that protect the residential scale of
the neighborhood were appropriate.
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
CC:
Darlene L. Buroham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Stephen W. Lemon, Attorney for the Petitioner
Tom Hanes, President, GRCCL
7
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of a tract of land described as Roanoke City Tax
Map No. 1440705, 1736 Grandin Road, SW, Roanoke,
Virginia 24105, Lots 1 and 2, Block 17, Raleigh Court,
from RM-2, Residential Multifamily, Medium Density
District to CN, Neighborhood Commercial District, such
rezoning to be subject to certain conditions proffered
by the Petitioner.
Second
AMENDED
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
I. The Petitioner, VHF, LLC, a Virginia limited'liability company, owns land in the
City of Roanoke containing 25,000 square feet more or less, located at 1736 Grandin
Road, SW, Roanoke, Virginia 24015 being Lots 1 and 2, Block 17, Raleigh Court, Tax
Map No. 1440705 (the "Property"). Said tract is currently zoned RM-2, Residential
Multifamily, Medium Density District. A map of the property to be rezoned is attached
hereto as Exhibit A. A concept plan is attached hereto as Exhibit B.
II. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as
amended, the Petitioner requests that the Property be rezoned from RM-2, Residential
Multifamily, Medium Density District, to CN, Neighborhood Commercial District,
subject to certain conditions set forth below, for the purpose of permitting Petitioner to
utilize the Property for a commercially viable use, including professional offices, and to
thereby preserve the structure located on the property by ensudng its continued
economic viability.
III. The Petitioner believes the rezoning of the Property will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will:
1. The rezoning will allow limited commercial use of the Property
without changing the essential architectural character of the existing structure, a
private residence built in the year 1926.
2. The rezoning will not alter the existing character of the
neighborhood, which is a blend of single family, multifamily dwellings and commercial
uses within Grandin Village. Grandin Road, the street on which the property is
located, is the main commercial corridor in this part of the neighborhood. The block
on which the property is located contains two large apartment dwellings and a large
church on the same side of the street as the Property, and a post office, a daycare
center and an office building across the street.
3. The Property is specifically identified in the "Greater Raleigh Court
Neighborhood Plan May 1999" ("Raleigh Court Plan") on the map entitled "Action
Strategies" (page 24) as an expansion area for the commercial area encompassed by
the Grandin Village center. The Raleigh Court Plan, in its "Commercial Development"
subsection, indicates that modest expansion of the commercial distdct along Grandin
Road towards Brandon Avenue may have positive attributes. This plan also
encourages the neighborhood scale and fdendly atmosphere of Grandin Village, the
preservation of existing structures to the extent possible, and encouragement of local
ownership of business properties. VHF, LLC is controlled by members who live and
work in the Raleigh Court neighborhood.
4. Goal nine of the "Commercial Development Pdodty Goals and
Action Strategies" in the Raleigh Court Plan specifically addresses future commercial
expansion in the area of Grandin between Sherwood and Memorial. The proffers
listed below shall implement goal ten by insuring that the expansion of the commercial
uses will be good neighbors to residential uses. This petition has been carefully
crafted to encourage the vitality and modest expansion of Grandin Village while
ensuring the residential character of the architecture and a controlled transition to the
residential use.
5. The City of Roanoke Comprehensive Plan Vision 2001/2020 (the
"Comprehensive Plan") is clear in its strong recommendation that village centers
should be encouraged and that the village centers will serve as vibrant and accessible
places for business, community services and activities. The proposed rezoning of the
Property to CN within the designated area of possible expansion set forth in the
Raleigh Court Plan shall achieve the goal of the Comprehensive Plan that commercial
activity not encroach onto surrounding residential areas. Village center action point
NHA3 in the Housing and Neighborhood Section specifically contemplates and
encourages rezoning existing and potential village center locations to encourage and
accommodate higher density development and a mixture of uses.
6. Village center action point EDA36 in the Economic Development
Section encourages the growth and sustainability of village centers.
7. The proffers set forth in this petition will advance the design
principles regarding village centers set forth in chapter 4 of the Comprehensive Plan.
IV. The Petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that the Petitioner will abide by, the
following conditions:
1. The architectural style of the extedor of the existing building shall
be maintained in substantial conformity with its existing appearance unless destroyed
by casualty to such an extent that reconstruction would not be feasible. This proffer
shall not include preservation of the existing roof matedal or affect the ability to
remove the recently added enclosed porch at the rear of the existing building or the
second story additions to the wings at the sides of the existing structure as set forth in
Exhibit B.
2. The current orientation of the front and side of the existing~ structure
shall be maintained and no additional impervious surfaces for parking shall be allowed
between the existing structure and the property lines on Grandin Road and Sherwood
Avenue other than the addition of a 4' wide by 20' long impervious stdp parallel to the
existing driveway as necessary to create the access isle required by building code to
qualify as handicapped parking.
3. The Property shall be used for only the following CN permitted
uses:
a) Dwellings located above ground floor nonresidential uses;
b) Elementary and secondary schools;
c) Trade and art schools of a nonindustrial nature;
d) Day care centers with unlimited capacity subject to the
requirements of section 36.1-510 et seq.;
e) Day care facilities for the elderly with unlimited capacity;
f) Churches, synagogues and other places of worship, including
accessory columbadums;
g) Libraries, museums, art galleries and art studios and other
similar uses including associated educational and instructional
activities;
h) General and professional offices including financial institutions;
i) Medical offices; and
j) Funeral homes.
4. With the exception of the handicap parking addressed above, all
parking spaces will be located to the rear of the existing building.
5. Any new construction on the Property will be by way of a single
stand alone building not to exceed 5000 total gross square feet. Any such new
construction shall be oriented to face Sherwood Avenue, utilize the existing curb cut
on Sherwood Avenue and the existing alley and driveway for access, will not have any
off street parking between the front (Sherwood Avenue) of the building and Sherwood
Avenue, shall not exceed two stories in height, shall be constructed with a hip roof,
shall have a brick facade on the front (Sherwood Avenue) and the two sides, a!l
windows installed on the front (Sherwood Avenue) and the two sides shall have a ratio
of width to height of 3 to 5, and the front facade (Sherwood Avenue) shall be set back
at least 15 feet from Sherwood Avenue.
6. Any free standing signs erected on the Property shall be monument
signs not exceeding 6 feet in height and shall be limited to one facing on Grandin
Road and one facing on Sherwood Avenue. Said monument signs shall not exceed
25 square feet of sign surface area per sign face. Said monument signs shall not be
internally illuminated but may be illuminated by ground lights directed toward the sign
face.
7. Any lighting of the parking areas shall be down lit or shielded from
adjoining properties and any light poles shall not exceed 12 feet in height.
WHEREFORE, the Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City. of
Roanoke.
Respectfully submitted this/~'..._~c~ay of May, 2003.
Respectfully submitted,
VHF, LLC, a Virginia limited liability company
Stephen W. Lemon, Esq.
Martin, Hopkins, & Lemon, P.C.
P.O. Box 13366
Roanoke, VA 24033
540-982-1000
VSB No 33900
.../com. esri. esrimap. Esrimap ?S erviceName-~ nke&CIient Version-_3, l~r~Form-=True&Encode-=I~5/06/2003
EXHIBIT C
Official Tax No./
Street Address Name of Property Owner Mailing Address
1440609 Delford L. & Evelyn C. Cole P.O. Box 4656
Roanoke, VA 24015
1440610 Daniel E. Winkelman 1374 Young Wood Cir
Folsom, CA 95630
1440704 Grandin Village, LLC 4386 Sheldon Drive :
Roanoke, VA 24018
1440716 Cheryl A. Austin 1917 Sherwood Ave, SW
Roanoke, VA 24015
1441315 B CJ R Properties 30 Franklin Road, SW
Suite 800
Roanoke, VA 24011
1441401 Paul A. & Susan R. Henny 1802 Grandin Road, SW
Roanoke, VA 24015
1441422 Landon M. Arrington, II 1920 Sherwood Ave, SW
Roanoke, VA 24015
1441408 Edward J. & Elizabeth G. 1801 Greenwood Rd, SW
Bennett Roanoke, VA 24015
1441409 Dennis U. Jr. & Marie V. 1811 Greenwood Rd, SW
Austin Roanoke, VA 24015
1736 Grandin Rd, SW
M-2
144131~,
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853.1145
E-mail: clerk~ci.roanoke.va.us
June 11,2003
File #51
Stephen W. Lemon, Attorney
Martin, Hopkins & Lemon, P. C.
P. O. Box 13366
Roanoke, Virginia 24033
Dear Mr. Lemon:
STEPHANIE M. MOON
Deputy City Clcrk
SHEILA N. HARTMAN
Assistant City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
June 16, 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 VHF, L.L.C., that a tract of land located at 1736
Grandin Road, S. W., Official Tax No. 1440705, be rezoned from RM-2, Residential
Multi-family, Medium Density District, to CN, Neighborhood Commercial District, subject
to certain conditions proffered by the petitioner.
For your information, I am enclosing copy of a report of the City Planning Commission, a
notice of the public hearing and an Ordinance. Please review the documents and if you
have questions, you may contact Steven J. Talevi, Assistant City Attorney, at
540-853-2431. Questions with regard to the City Planning Commission report should be
directed to the Department of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the June 16
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:\Public Hearings.03\June 16.att-poJttrs.wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
STEPHEN W. LEMON
PO BOX 13366
MARTIN HOPKINS & LEM
ROANOKE VA 24033
REFERENCE: 80094105
02136635
State of Virginia
City of Roanoke
Grandin Rd.
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/~nia. Sworn and subscribed before me this
__~_~___day of June 2003. Witness my hand and
sea~ l/
PUBLISHED ON: 05/30 06/06
239.20
06/06/03
TOTAL COST:
FILED ON:
Authorized /
S ignature:_~~_~_~_,
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
June 16, 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 RM-2, Residential
Multi-family, Medium Density District, to CN, Neighborhood Commercial District, subject
to certain proffered conditions, the following property:
That tract of land located at 1736 Grandin Road, S.W., identified as Official
Tax No. 1440705.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, June 12, 2003.
GIVEN under my hand this 27th day of t4ay ,2003.
Mary F. Parker, City Clerk.
H \NOTICES/N VHFLLC061603 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, May 30, 2003, and once on Friday, June 6, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Stephen W. Lemon, Esquire
Martin, Hopkins & Lemon, PC
P.O. Box 13366
Roanoke, Virginia 24033
(540) 982-1000
MARY F. PARKER, CMC
City Clcrk
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-maih clcrk~ci.roanokc.va.us
June 11,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. and Mrs. Delford L. Cole
Mr. Daniel E. Winkelman
Grandin Village, L.L.C.
Ms. Cheryl A. Austin
BCJR Properties
Mr. and Mrs. Paul A. Henry
Mr. Landon M. Arrington, II
Mr. and Mrs. Edward J. Bennett
Mr. and Mrs. Dennis U. Austin, Jr.
Mr. Paul Finney
Tom Hanes, President
Greater Raleigh Court Civic League
Dr. R. Douglas Ross, Member
Greater Raleigh Court
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
June 16, 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 VHF, L.L.C., that a tract of land located at 1736
Grandin Road, S. W., Official Tax No. 1440705, be rezoned from RM-2, Residential
Multi-family, Medium Density District, to CN, Neighborhood Commercial District, subject
to certain conditions proffered by the petitioner.
The City Planning Commission is recommending that Council approve the request for
rezoning. If you would like to receive a copy of the report of the City Planning Commission,
please call the City Clerk's Office at 540-853-2541.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
City Clerk
MFP:mh
H:\Public Hearir~s.O3~June 16.a~-oo.lttrs.w~:l
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk(~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
May 22, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a second amended petition received in the City Clerk's Office on
May 19, 2003, from Stephen W. Lemon, Attorney, representing VHF, L.L.C., requesting
that a tract of land, located at 1736 Grandin Road, S. W., identified as Lots 1 and 2, Block
17, Raleigh Court, Official Tax No. 1440705, be rezoned from RM-2, Residential Multi-
family, Medium Density District, to CN, Neighborhood Commercial District, subject to
certain conditions proffered by the petitioner.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:\Rezonings Street. Alley Closings.03\VHF, bL.C.Rezoning.second ameflded,wpd
Robert B. Manetta
May 22,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Stephen W. Lemon, Attorney, Martin, Hopkins & Lemon, P. C., P. O. Box 13366,
Roanoke, Virginia 24033
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~Rezonings - Street. Alley Closings.03WHF, L.L.C.Rezoning.second amended.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of a tract of land described as Roanoke City Tax
Map No. 1440705, 1736 Grandin Road, SW, Roanoke,
Virginia 24105, Lots 1 and 2, Block 17, Raleigh Court,
from RM-2, Residential Multifamily, Medium Density
District to CN, Neighborhood Commemial District, such
rezoning to be subject to certain conditions proffered
by the Petitioner.
Second
AMENDED
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
I. The Petitioner, VHF, LLC, a Virginia limited liability company, owns land in the
City of Roanoke containing 25,000 square feet more or less, located at 1736 Grandin
Road, SW, Roanoke, Virginia 24015 being Lots 1 and 2, Block 17, Raleigh Court, Tax
Map No. 1440705 (the "Property"). Said tract is currently zoned RM-2, Residential
Multifamily, Medium Density District. A map of the property to be rezoned is attached
hereto as Exhibit A.. A concept plan is attached hereto as Exhibit B.
II. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as
amended, the Petitioner requests that the Property be rezoned from RM-2, Residential
Multifamily, Medium Density District, to CN, Neighborhood Commercial District,
subject to certain conditions set forth below, for the purpose of permitting Petitioner to
utilize the Property for a commercially viable use, including professional offices, and to
thereby preserve the structure located on the property by ensuring its continued
economic viability.
Ill. The Petitioner believes the rezoning of the Property will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will:
1. The rezoning will allow limited commercial use of the Property
without changing the essential architectural character of the existing structure, a
private residence built in the year 1926.
2. The rezoning will not alter the existing character of the
neighborhood, which is a blend of single family, multifamily dwellings and commercial
uses within Grandin Village. Grandin Road, the street on which the property is
located, is the main commercial corridor in this part of the neighborhood. The block
on which the property is located contains two large apartment dwellings and a large
church on the same side of the street as the Property, and a post office, a daycare
center and an office building across the street.
3. The Property is specifically identified in the "Greater Raleigh Court
Neighborhood Plan May 1999" ("Raleigh Court Plan") on the map entitled "Action
Strategies" (page 24) as an expansion area for the commercial area encompassed by
the Grandin Village center. The Raleigh Court Plan, in its "Commercial Development"
subsection, indicates that modest expansion of the commercial district along Grandin
Road towards Brandon Avenue may have positive attributes. This plan also
encourages the neighborhood scale and fdendly atmosphere of Grandin Village, the
preservation of existing structures to the extent possible, and encouragement of local
ownership of business properties. VHF, LLC is controlled by members who live and
work in the Raleigh Court neighborhood.
4. Goal nine of the "Commercial Development Priority Goals and
Action Strategies" in the Raleigh Court Plan specifically addresses future commemial
expansion in the area of Grandin between Sherwood and Memorial. The proffers
listed below shall implement goal ten by insuring that the expansion of the commercial
uses will be good neighbors to residential uses. This petition has been carefully
crafted to encourage the vitality and modest expansion of Grandin Village while
ensuring the residential character of the architecture and a controlled transition to the
residential use.
5. The City of Roanoke Comprehensive Plan Vision 2001/2020 (the
"Comprehensive Plan") is clear in its strong recommendation that village centers
should be encouraged and that the village centers will serve as vibrant and accessible
places for business, community services and activities. The proposed rezoning of the
Property to CN within the designated area of possible expansion set forth in the
Raleigh Court Plan shall achieve the goal of the Comprehensive Plan that commercial
activity not encroach onto surrounding residential areas. Village center action point
NHA3 in the Housing and Neighborhood Section specifically contemplates and
encourages rezoning existing and potential village center locations to encourage and
accommodate higher density development and a mixture of uses.
6. Village center action point EDA36 in the Economic Development
Section encourages the growth and sustainability of village centers.
7. The proffers set forth in this petition will advance the design
principles regarding village centers set forth in chapter 4 of the Comprehensive Plan.
IV. The Petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that the Petitioner will abide by, the
following conditions:
1. The architectural style of the exterior of the existing building shall
be maintained in substantial conformity with its existing appearance unless destroyed
by casualty to such an extent that reconstruction would not be feasible. This proffer
shall not include preservation of the existing roof material or affect the ability to
remove the recently added enclosed porch at the rear of the existing building or the
second story additions to the wings at the sides of the existing structure as set forth in
Exhibit B.
2. The current orientation of the front and side of the existing structure
shall be maintained and no additional impervious surfaces for parking shall be allowed
between the existing structure and the property lines on Grandin Road and Sherwood
Avenue other than the addition of a 4' wide by 20' long impervious strip parallel to the
existing driveway as necessary to create the access isle required by building code to
qualify as handicapped parking.
3. The Property shall be used for only the following CN permitted
uses:
a) Dwellings located above ground floor nonresidential uses;
b) Elementary and secondary schools;
c) Trade and art schools of a nonindustrial nature;
d) Day care centers with unlimited capacity subject to the
requirements of section 36.1-510 et seq.;
e) Day care facilities for the eldedy with unlimited capacity;
f) Churches, synagogues and other places of worship, including
accessory columbariums;
g) Libraries, museums, art galleries and art studios and other
similar uses including associated educational and instructional
activities;
h) General and professional offices including financial institutions;
i) Medical offices; and
j) Funeral homes.
4. With the exception of the handicap parking addressed above, all
parking spaces will be located to the rear of the existing building.
5. Any new construction on the Property will be by way of a single
stand alone building not to exceed 5000 total gross square feet. Any such new
construction shall be oriented to face Sherwood Avenue, utilize the existing curb cut
on Sherwood Avenue and the existing alley and driveway for access, will not have any
off street parking between the front (Sherwood Avenue) of the building and Sherwood
Avenue, shall not exceed two stories in height, shall be constructed with a hip roof,
shall have a brick facade on the front (Sherwood Avenue) and the two sides, all
windows installed on the front (Sherwood Avenue) and the two sides shall have a ratio
of width to height of 3 to 5, and the front facade (Sherwood Avenue) shall be set back
at least 15 feet from Sherwood Avenue.
6. Any free s~tanding signs erected on the Property shall be monument
signs not exceeding 6 feet in height and shall be limited to one facing on Grandin
Road and one facing on Sherwood Avenue. Said monument signs shall not exceed
25 square feet of sign surface area per sign face. Said monument signs shall not be
internally illuminated but may be illuminated by ground lights directed toward the sign
face.
7. Any lighting of the parking areas shall be down lit or shielded from
adjoining properties and any light poles shall not exceed 12 feet in height.
WHEREFORE, the Petitioner requests that the above-described tract be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this t,5'~'ohay of May, 2003.
Respectfully submitted,
VHF, LLC, ~~~~c. companyBy:.
Stephen W. Lemon, Esq.
Martin, Hopkins, & Lemon, P.C.
P.O. Box 13366
Roanoke, VA 24033
540-982-1000
VSB No 33900
Map Output Page I of' 1
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L
, ~L. HOU~ P.C.
EXHIBIT C
Official Tax No./
Street Address Name of Property Owner Mailing Address
1440609 Delford L. & Evelyn C. Cole P.O. Box 4656
Roanoke, VA 24015
1440610 Daniel E. Winkelman 1374 Young Wood Cir
Folsom, CA 95630
1440704 Grandin Village, LLC 4386 Sheldon Ddve
Roanoke, VA 24018
1440716 Cheryl A. Austin 1917 Sherwood Ave, SW
Roanoke, VA 24015
1441315 B C J R Properties 30 Franklin Road, SW
Suite 800
Roanoke, VA 24011
1441401 Paul A. & Susan R. Henny 1802 Grandin Road, SW
Roanoke, VA 24015
1441422 Landon M. Ardngton, II 1920 Sherwood Ave, SW
Roanoke, VA 24015
1441408 Edward J. & Elizabeth G. 1801 Greenwood Rd, SW
Bennett Roanoke, VA 24015
1441409 Dennis U. Jr. & Marie V. 1811 Greenwood Rd, SW
Austin Roanoke, VA 24015
MARY F. PARKER, CMC
City Clerk
CITY OF'ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk(~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEII~. N. HARTMAN
Assistant City Clerk
May 7, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of an amended petition received in the City Clerk's Office on
May 6, 2003, from Stephen W. Lemon, Attorney, representing VHF, L.L.C, requesting that
a tract of land, located at 1736 Grandin Road, S. W., identified as Lots 1 and 2, Block 17,
Raleigh Court, Official Tax No. 1440705, be rezoned from RM-2, Residential Multi-family,
Medium Density District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the petitioner.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMHl~Rezonings - Street. Alley Closings.03\VHF, L.L.C.Rezoning.amended.wpd
Robed B. Mane~a
May 7,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Stephen W. Lemon, Attorney, Martin, Hopkins & Lemon, P. C., P. O. Box 13366,
Roanoke, Virginia 24033
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:\CKMH l~Rezonings - Street.Alley Closings.03\VHF, L.L.C.Rezoning.amended.wpd
IN THE COUNCIL Of THE CITY Of ROANOKE, VIRGINIA
IN RE:
Rezoning of a tract of land described as Roanoke City Tax
Map No. 1440705, 1736 Grandin Road, SW, Roanoke,
Virginia 24105, Lots 1 and 2, Block 17, Raleigh Court,
from RM-2, Residential Multifamily, Medium Density
District to CN, Neighborhood Commercial District, such
rezoning to be subject to certain conditions proffered
by the Petitioner.
AMENDED
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
I. The Petitioner, VHF, LLC, a Virginia limited liability company, owns land in the
City of Roanoke containing 25,000 square feet more or less, located at 1736 Grandin
Road, SW, Roanoke, Virginia 24015 being Lots 1 and 2, Block 17, Raleigh Court, Tax
Map No. 1440705 (the "Property"). Said tract is currently zoned RM-2, Residential
Multifamily, Medium Density District. A map of the property to be rezoned is attached
hereto as Exhibit A. A concept plan is attached hereto as Exhibit B.
II. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as
amended, the Petitioner requests that the Property be rezoned from RM-2, Residential
Multifamily, Medium Density District, to CN, Neighborhood Commercial District,
subject to certain conditions set forth below, for the purpose of permitting Petitioner to
utilize the Property for a commercially viable use, including professional offices, and to
thereby preserve the structure located on the property by ensuring its continued
economic viability.
III. The Petitioner believes the rezoning of the Property will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will:
1. The rezoning will allow limited commercial use of the Property
without changing the essential architectural character of the existing structure, a
private residence built in the year 1926.
2. The rezoning will not alter the existing character of the
neighborhood, which is a blend of single family, multifamily dwellings and commercial
uses within Grandin Village. Grandin Road, the street on which the property is
located, is the main commercial corridor in this part of the neighborhood. The block
on which the property is located contains two large apartment dwellings and a large
church on the same side of the street as the Property, and a post office, a daycare
center and an office building across the street.
3. The Property is specifically identified in the "Greater Raleigh Court
Neighborhood Plan May 1999" ("Raleigh Court Plan") on the map entitled "Action
Strategies" (page 24) as an expansion area for the commercial area encompassed by
the Grandin Village center. The Raleigh Court Plan, in its "Commercial Development"
subsection, indicates that modest expansion of the commercial district along Grandin
Road towards Brandon Avenue may have positive attributes. This plan also
encourages the neighborhood scale and friendly atmosphere of Grandin Village, the
preservation of existing structures to the extent possible, and encouragement of local
ownership of business properties. VHF, LLC is controlled by members who live and
work in the Raleigh Court neighborhood.
4. Goal nine of the "Commercial Development Priority Goals and
Action Strategies" in the Raleigh Court Plan specifically addresses future commercial
expansion in the area of Grandin between Sherwood and Memorial. The proffers
listed below shall implement goal ten by insuring that the expansion of the commercial
uses will be good neighbors to residential uses. This petition has been carefully
crafted to encourage the vitality and modest expansion of Grandin Village while
ensuring the residential character of the architecture and a controlled transition to the
residential use.
5. The City of Roanoke Comprehensive Plan Vision 2001/2020 (the
"Comprehensive Plan") is clear in its strong recommendation that village centers
should be encouraged and that the village centers will serve as vibrant and accessible
places for business, community services and activities. The proposed rezoning of the
Proper~y to CN within the designated area of possible expansion set forth in the
Raleigh Court Plan shall achieve the goal of the Comprehensive Plan that commercial
activity not encroach onto surrounding residential areas. Village center action point
NHA3 in the Housing and Neighborhood Section specifically contemplates and
encourages rezoning existing and potential village center locations to encourage and
accommodate higher density development and a mixture of uses.
6. Village center action point EDA36 in the Economic Development
Section encourages the growth and sustainability of village centers.
7. The proffers set for[h in this petition will advance the design
principles regarding village centers set forth in chapter 4 of the Comprehensive Plan.
IV. The Petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that the Petitioner will abide by, the
following conditions:
1. The architectural style of the exterior of the existing building shall
be maintained in substantial conformity with its existing appearance unless destroyed
by casualty to such an extent that reconstruction would not be feasible. This proffer
shall not include preservation of the existing roof material or affect the ability to
remove the recently added enclosed porch at the rear of the existing building or the
second story additions to the wings at the sides of the existing structure as set forth in
Exhibit B.
2. The current orientation of the front and side of the existing structure
shall be maintained and no additional impervious surfaces for parking shall be allowed
between the existing structure and the property lines on Grandin Road and Sherwood
Avenue other than the addition of a 4' wide by 20' long impervious strip parallel to the
existing driveway as necessary to create the access isle required by building code to
qualify as handicapped parking.
3. The Property shall be used for only the following CN permitted
uses:
a) Dwellings located above ground floor nonresidential uses;
b) Elementary and secondary schools;
c) Trade and art schools of a nonindustrial nature;
d) Day care centers with unlimited capacity subject to the
requirements of section 36.1-510 et sea.;
e) Day care facilities for the elderly with unlimited capacity;
f) Churches, synagogues and other places of worship, including
accessory columbariums;
g) Libraries, museums, art galleries and art studios and other
similar uses including associated educational and instructional
activities;
h) General and professional offices including financial institutions;
i) Medical offices; and
j) Funeral homes.
4. With the exception of the handicap parking addressed above, all
parking spaces will be located to the rear of the existing building.
5. Any new construction on the Property will be by way of a single
stand alone building not to exceed 5000 total gross square feet. Any such new
construction shall be oriented to face Sherwood Avenue, utilize the existing curb cut
on Sherwood Avenue and the existing alley and driveway for access, will not have any
off street parking between the front (Sherwood Avenue) of the building and Sherwood
Avenue, shall not exceed two stories in height, shall be constructed with a hip roof,
shall have a brick facade on the front (Sherwood Avenue) and the two sides, and all
windows installed on the front (Sherwood Avenue) and the two sides shall have a ratio
of width to height of 3 to 5.V. Attached hereto as Exhibit ¢ are the names, addresses
and tax numbers of the owner or owners of all lots or property immediately adjacent to
and immediately across a street or road from the property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described tract be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of
the City of Roanoke.
Respectfully submitted this ~__ day of ~),,/'2003.
, ,,,
Respectfully submitted,
VHF, LLC, a Virginia limited liability company
Stephen W. Lemon, Esq.
Martin, Hopkins, & Lemon, P.C.
P.O. Box 13366
Roanoke, VA 24033
540-982-1000
VSB No 33900
Map Output Page 1 of 1
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J.L HOUGH, P.C.
' i
-. ..., II
Official Tax No./
Street Address Name of Property Owner Mailin9 Address
1440609 Delford L. & Evelyn C. Cole P.O. Box 4656
Roanoke, VA 24015
1440610 Daniel E. Winkelman 1374 Young Wood Cir
Folsom, CA 95630
1440704 Grandin Village, LLC 4386 Sheldon Drive
Roanoke, VA 24018
1440716 Cheryl A. Austin 1917 Sherwood Ave, SW
Roanoke, VA 24015
1441315 B C J R Properties 30 Franklin Road, SW
Suite 800
Roanoke, VA 24011
1441401 Paul A. & Susan R. Henny 1802 Grandin Road, SW
Roanoke, VA 24015
1441422 Landon M. Arrington, II 1920 Sherwood Ave, SW
Roanoke, VA 24015
1441408 Edward J. & Elizabeth G. 1801 Greenwood Rd, SW
Bennett Roanoke, VA 24015
1441409 Dennis U. Jr. & Marie V. 1811 Greenwood Rd, SW
Austin Roanoke, VA 24015
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, May 15, 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 VHF, LLC, represented by Stephen W. Lemon, attorney, that
property located 1736 Grandin Road, S.W., Official Tax No. 1440705, be
rezoned from RM-2, Residential Multifamily, Medium Density District, to CN,
Neighborhood Commercial District, such rezoning to be subject to certain
conditions proffered by the petitioner.
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 29 and May 6, 2003
Please charge to.'
Stephen W. Lemon, Esq.
Martin, Hopkins 8, Lemon, PC
P O Box 13366
Roanoke, VA 24033 (982-1000)
Please 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:
VHF, Inc., 1736 Grandin Road, S.W., Official Tax No.. )
1440705, from RM-2 to CN, conditional ) AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
15th day of April 2003, notices of a public hearing to be held on the 15th day of May,
2003, on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Parcel
1440609
1440610
1440704
1440716
1441315
1441401
1441422
1441408
1441409
Owner's Name
Delford and Evelyn Cole
Daniel E. Winkelman
Grandin Village, LLC
Cheryl A. Austin
BCJR Properties
Paul and Susan Henry
Landon M. Arrington, II
Edward and Debra Bennett
Dennis and Marie Austin
Mailinq Address
P O Box 4656
Roanoke, VA 24015
1374 Young Wood Ci~le
Folsom, VA 95630
4386 Sheldon Drive
Roanoke VA 24018
1917 Sherwood Ave., SW
Roanoke VA 24015
30 Frenklin Road #800
Roanoke VA 24011
1802 Grendin Road, SW
Roanoke VA 24015
1920 Sherwood Ave., SW
Roanoke VA 24015
1801 Greenwood Road
Roanoke VA 24015
1811 Greenwood Road
Roanoke, VA 24015
Also mailed to: Tom Hanes, President, Greater Raleigh Court Civic League
cio Crews and Hancock, P O Box 21187, Roanoke, VA 24018
and Dr. R. Douglas Ross, Member, Development Review Team for
Greater Raleigh C(;~,urt, 1602 Gran_din ~Road, SW 24015
Ma~tha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 15th day of April, 2003.
/ / Notary P~blic
My Commission Expires: c~2/,=~,.,o/0 ~
MARY F. PARKER, CMC
City Clenk
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: ¢lcrk@ci.roanok¢.va.us
STEPIIANIE M. MOON
Deputy City Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
April 4, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition received in the City Clerk's Office on April 3, 2003, from
Stephen W. Lemon, Attorney, representing VHF, L.L.C, requesting that a tract of land,
located at 1736 Grandin Road, S. W., identified as Lots 1 and 2, Block 17, Raleigh Court,
Official Tax No. 1440705, be rezoned from RM-2, Residential Multi-family, Medium Density
District, to CN, Neighborhood Commercial District, subject to certain conditions proffered
by the petitioner.
Sincerely,
City Clerk
MFP:mh
Enclosure
H:LRezonings - Street. Alley Closings.03\VHF, L.L.C.Rezoning.wpd
Robert B. Manetta
April 4, 2003
Page 2
pc;
The Honorable Mayor and Members of the Roanoke City Council
Stephen W. Lemon, Attorney, Marlin, Hopkins & Lemon, P. C., P. O. Box 13366,
Roanoke, Virginia 24033
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~Rezonings - Street.Alley Closings.03\VHF, L.L.C.Rezoning.wpd
MARY F. PARKER, CMC
Cit~ Clerk
CITY OF ROANOIO*
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: clerkl~ci.roanoke.vmu~
June 23,2003
STEPHANIE M. MOON
Deputy Ci~ Clerk
SHEllLA N. HARTMAN
Assistant City Clenk
File #51
Ms. Patricia C. CIowser
21 Tahoe Lane, S. W.
Roanoke, Virginia 24019
Ms. Tammy E. Tester
2262 Jordontown Road
Thaxton, Virginia 24174
Ladies:
I am enclosing copy of Ordinance No. 36400-061603 amending Proffered Conditions set
forth in Ordinance No. 29201 adopted July 25, 1988, and replacing the same with the
proffered conditions as more fully set forth in the Second Amended Petition filed in the
Office of the City Clerk on May 22, 2003, and as set forth in the report of the Planning
Commission dated June 16, 2003, in connection with a tract of land located on Fugate
Road, N. E., identified as Official Tax No. 3101215; and dispensing with the second
reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
College Development Corporation, 5667 Capito Street, N. E., Roanoke, Virginia
24019
Mr. and Mrs. Mark E. Davis, 3039 EIIsworth Street, N. E., Roanoke, Virginia 24019
Mr. and Mrs. Berkley B. Newbill, Jr., 2919 Bradley Street, N. E., Roanoke, Virginia
24019
Rick Williams, President, Williamson Road Action Forum, 3725 Sunrise Avenue,
N. W., Roanoke, Virginia 24012
Doug Trout, Vice-President, Williamson Road Action Forum, 169 Maplelawn
Avenue, N. W., Roanoke, Virginia 24012
Mr. Andy Friedman, 2623 Vancouver Drive, N. W., Roanoke, Virginia 24012
Mr. David Wood, 3802 Greenland Avenue, N. W., Roanoke, Virginia 24012
H:~Aaenda.03\June 16.2003 corresoondenceee.wDcl
Patricia C. CIowser
Tammy E. Tester
June 23,2003
Page 2
pc:
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
H:~Agenda.03~June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16ch day of 3une, 2003.
No. 36600-061603.
AN ORDINANCE to amend $$36. i-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 310, Sectional 1976 Zone Map, City of Roanoke, in order to repeal and
amend certain conditions presently binding upon certain property previously conditionally rezoned
from RM-1, Residential Multifamily, Low Density District, to RM-2, Residential Multifamily,
Medium Density District, subject to certain conditions proffered by the applicant; and dispensing
with the second reading by title of this ordinance.
WHEREAS, Patricia C. Clowser and Tammy E. Tester, filed an application to the Council
of the City of Roanoke to amend certain conditions presently binding upon a tract of land located
on Fugate Road, N.E., being further identified as Official Tax No. 3101215, which property was
previously conditionally rezoned by the adoption of Ordinance No. 29201, enacted on July 25,
1988, subject to certain conditions proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after
conducting a public hearing on the matter, has made its recommendation to Council; and
WHEREAS, a public hearing was held by City Council on said application at its meeting
on June 16, 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 amendment; and
H: \ ORD IN.%-NCES \O- REZ ~ CLOWSER ( FUGATERD AMENDPROFFERS ) 061603. DOC
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 conditions now binding upon the above-
described property should be amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and
Sheet No. 310 of the Sectional 1976 Zone Map, City of Roanoke, be amended, with respect to
Official Tax No. 3101215, to repeal the proffered conditions contained in Ordinance No. 29201,
adopted July 25, 1988, and replacing the same with the proffered conditions as more fully set forth
in the Second Amended Petition filed in the Office of the City Clerk on May 22, 2003, and as set
forth in the report of the Planning Commission dated June 16, 2003.
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:\ORDINA~CES\O-REZ-CLOWSER(FUGATERD-AMENDPROFFERS)061603.DOC
Archlteclural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
June 16, 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:
Request from Patricia C. Clowser and Tammy E. Tester, to
amend proffered conditions on property bearing Official Tax
No. 3101215, located on Fugate Road, N.E.
Planning Commission Action:
Public hearing was held on Thursday, May 15, 2003. By a vote of 4-0 (Messrs.
Chdsman and Rife absent), the Commission recommended approval of a second
amended petition to amend proffers.
Background:
In July, 1988, by Ordinance Number 29201, Tax Map Number 3101209 was
rezoned from RM-1, Residential Multifamily, Low Density District, to RM-2,
Residential Multifamily, Medium Density District, with conditions, in order to allow
construction of a four-unit dwelling. Subsequently, in July, 2000, Tax Map
Number 3101209 was subdivided into three parcels, creating Tax Map Number
3101209 and Tax Map Number 3101215, the subject parcel of this petition, and
combining the rear portion of the original parcel with Tax Map Number 3101206.
A petition to amend proffered conditions was filed on March 26, 2003. An
amended petition was filed on April 29, 2003. A second amended petition was
filed on May 22, 2003.
The two conditions presently binding upon the subject property as a result of the
conditional RM-2, Residential Multifamily, Low Density District, rezoning in 1988
are as follows:
The property will be developed in substantial compliance with plan
prepared by The Works, Inc., Designers, Builders and Developers
dated June, 1988, subject to any changes required by the City
during site plan review.
=
The front elevation of the structure shall be as shown on the
aforesaid plan prepared by The Works, Inc., Designers, Builders
and Developers dated June, 1988.
The petitioners request that the two proffers set forth above be repealed as they
apply to Tax Map Number 3101215, and that Official Tax No 3101215 only be
subject to the following proffered conditions:
1. Permitted principal uses on the property shall be limited to a single-
family detached dwelling.
2. The front elevation of the structure shall be as shown on Exhibit 2,
Official Tax Map Number 3101215 Front Elevation, dated April 24,
2003, and attached hereto, with said structure oriented to Fugate
Road, and with the front porch constructed in a manner that complies
with the following standards:
a. The underside of the front porch between pier supports and
the underside of the front porch stairway shall be completely
enclosed;
b. The front porch stairs shall have solid risers and treads; and
c. The front porch railings shall have a top and bottom rail.
Baluster ends shall not be exposed.
3. The front yard shall be equal to the shallowest of the adjoining front
yards or thirty (30) feet, whichever is less.
Considerations:
The 11,458 square foot parcel is located in a single family residential
neighborhood comprised of a mix of one, one-and-a-half, and two-story homes.
All adjoining properties are single-family uses. The majority of the surrounding
area is zoned RM-1, Residential Multifamily, Low Density District. The parcels to
the south and the west are zoned RM-1. The adjacent parcels to the north and
east are zoned RM-2, Residential Multifamily, Medium Density District. Those
two abutting parcels, Tax Map Numbers 3101206 and 3101209, combined with
the subject parcel, comprised the tract razoned from RM-1 to RM-2 in July 1988.
The four-unit structure proposed and proffered in 1988 was never built. The
petitioners bought the subject property created by the July 2000 subdivision in
February 2003. Since the proffered conditions are tied to the land itself, any new
construction on the subject parcel must satisfy the existing proffers from the July
1988 conditional rezoning. The petitioners propose to build a single-family
2
detached dwelling on the subject property. In order for that to occur, a repeal of
the existing proffers is required.
Single-family dwellings are a permitted use in an RM-2, Residential Multifamily,
Medium Density District; a rezoning to a less intense zoning district is not
necessary. With the repeal of the proffers, the petitioners will be allowed to build
a single-family home on the subject parcel.
The proffer of the current petition to permit a single-family dwelling on the
property is a more consistent use with the character of the surrounding
structures, than a four-unit dwelling would be. ^ multi-family dwelling would be a
higher-intensity use that is out of character in this predominantly single-family
neighborhood.
In addition, the petitioners' proffers of a front elevation oriented to Fugate Road
and a front yard setback consistent with the adjoining front yards, provide
adequate assurance that the new structure will be compatible with the
surrounding neighborhood and streetscape.
The request to repeal and amend proffers on the parcel is consistent with the
following policies and statements of Vision 2001-2020, the City's
Comprehensive Plan:
· Housing Stock: New residential development is constrained by the
limited number and size of available sites (p.35).
· Traditional Neighborhoods, Design Principles: Houses should be
consistent in terms of front yard and bulk (p.90).
· Housing Strategy: Encourage quality infill development that reflects
the character of the neighborhood (p.124 NH A29).
No one has contacted the planning staff in opposition to this petition.
During the Planning Commission public hearing, Mrs. Patricia Clowser, co-
petitioner, presented the request. Nancy Snodgrass, City Planner, presented the
staff report, recommending approval of the request.
Planning Commission discussion centered on the following issues regarding the
proposed single-family dwelling: · Overhangs
· Front pordh construction
Mr. Williams asked if the proposed house had overhangs (front and rear soffits)
of any significance. Mrs. Snodgrass provided a copy of the house elevations
from which the front elevation had been proffered. The right and left side
elevations delineate a twelve-inch overhang on the front and rear. Mr. Williams
also inquired about the construction of the front porch and indicated that, based
3
on Neighborhood Design District standards recently adopted by the City to
ensure quality infill development, the undersides of front porches should be
enclosed, risers should be solid and not open, and railings should have a top and
bottom rail into which the balusters are tied. Although this area is not targeted for
the Neighborhood Design District overlay designation, Mr. Williams expressed
that such standards for front porches and stairs are important for quality infill
development. In a discussion with Mrs. Clowser and the contractor, Mr. Danny
Tester, it was agreed that a second amended petition would be filed to address
the construction of the front porch and stairs in terms of enclosure of foundation,
installation of solid risers, and construction of a handrail and balusters that
included a top and bottom railing.
Recommendation:
By a vote of 4-0 (Mr. Chrisman and Mr. Rife absent) the Commission
recommended approval of the request, with the additional proffers regarding the
front porch. Given the surrounding land use pattern and the proffered conditions
of this petition, the Commission felt the request was appropriate.
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
Patricia C. Clowser, Petitioner
Tammy E. Tester, Petitioner
4
SECOND AMENDED PETITION TO AMEND PROFFERS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of Proffered Conditions for a parcel of land located on Fugate
Road, N.E., in the City of Roanoke, identified as Official Tax Map Number
3101215, containing a total of 0.2630 acres, more or less.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Patricia C. Clowser and Tammy E. Tester, own land in the City
of Roanoke containing 0.2630 acres, more or less, located on Fugate Road, N.E., and
identified as Official Tax Map Number 3101215. Said parcel is currently zoned RM-2,
Residential Multifamily, Medium Density District, with conditions. A map of the subject
property is attached as Exhibit 1.
WHEREAS, by Ordinance No. 29201, enacted on July 25, 1988, City Council
rezoned Tax Map Number 3101209 from RM-1, Residential Multifamily, Low Density
District, to RM-2, Residential Multifamily, Medium Density District, with conditions;
WHEREAS, by approval on July 3, 2000, in Map Book 1, page 2110, Tax Map
Number 3101209 was subdivided into three parcels to create Tax Map Numbers
3101209 and 3101215, and combined the remaining rear portion with Tax Map Number
3101206; and
WHEREAS, Patricia C. Clowser and Tammy E. Tester, the present owners of
Tax Map Number 3101215, desire to construct a single-family residential dwelling on
that parcel.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioners request that the proffered conditions relative to Tax Map Number
3101215 be amended as hereinafter set forth.
The Petitioners hereby request that the proffered conditions enacted by
Ordinance No. 29201 be repealed as they apply to Tax Map Number 3101215. Said
proffers read as follows:
1) The property will be developed in substantial compliance with plan prepared by
The Works, Inc., Designers, Builders and Developers dated June, 1988, subject
to any changes required by the City during site plan review.
2) The front elevation of the structure shall be as shown on the aforesaid plan
prepared by The Works, Inc., Designers, Builders and Developers dated June,
1988.
Furthermore, the Petitioners agree that the property identified as Tax Map No.
3101215 shall be subject to the following proffered conditions:
1. Permitted principal uses on the property shall be limited to a single-family
detached dwelling.
2. The front elevation of the structure shall be as shown on Exhibit 2, Official
Tax Map Number 3101215 Front Elevation, dated April 24, 2003, and
attached hereto, with said structure oriented to Fugate Road, and with the
front porch constructed in a manner that complies with the following
standards:
a) The underside of the front porch between pier supports and the
underside of the front porch stairway shall be completely
enclosed;
b) The front porch stairs shall have solid risers and treads; and
c) The front porch railings shall have a top and bottom rail. Baluster
ends shall not be exposed.
3. The front yard shall be equal to the shallowest of the adjoining front yards
or thirty (30) feet, whichever is less.
The Petitioners believe that the requested amendment of proffers relative to the
said tract of land will further the intent and purposes of the City's Zoning Ordinance and
its comprehensive plan, in that it will facilitate the development of a single-family
dwelling unit on a vacant parcel in a neighborhood of predominantly single-family
residential uses and structures.
A concept plan is attached hereto as Exhibit 3. Attached as Exhibit 4 are the
names, addresses and tax numbers of the owner or owners of all lots or property
immediately adjacent to and immediately across a street or road from the subject
property.
WHEREFORE, the Petitioners request that the above-described proffers
applicable to Tax Map No. 3101215 be repealed and amended as requested in
accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ,.-~ ~ ~' day of ~Y)~c~/, , 2003.
By:
Respectfully submitted,
Patricia C. Clowser
Patdcia C. Clowser, Owner
21 Tahoe Lane
Roanoke, Virginia 24019
(540) 992-1499 - Telephone
Tammy E. Tester, Owner
2262 Jordontown Road
Thaxton, Virginia 24174
(540) 890-3219 - Telephone
Tammy E. Tester
O
BLDG ON. f
PROP. LINE-] * '
~ , METAL OUT'~' !2.04'~
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~ . NEW LOT 168
~ 0.51 acres
,. ,, .'. ....~- 13,547 sq. ft.
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· [AX #5'~0~210
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/ ~FRAME ~ S ..
19,72'
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~l STORY
~ FRAME
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SURVEYED PROPERTY LINE
DEED LINE
SET REBAR
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( IN FEET )
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· FOR
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THE 'CITY OF R OA~
EXHIBIT 4
Adjoining Property Owners
Official Tax No./
Street Address
Property Owner
Mailin,q Address
#3101209
332 Fugate Rd. N.E.
College Development
Corporation
5667 Capito St. N.E.
Roanoke, VA 24019
#3101206
3039 EIIsworth St. N.E.
Mark E. & Tracy A. Davis
3039 EIIsworth St. N.E.
Roanoke, VA 24019
#3100315
2919 Bradley St. N.E.
Berkley B. Jr. & Shelby
P. Newbill
2919 Bradley St. N.E.
Roanoke, VA 24019
#3101208 Mark E. & Tracy A. Davis 3039 EIIsworth St. N.E.
326 Fugate Rd. N.E. Roanoke, VA 24019
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Teh:phon¢: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk@ci.roanokc.va.us
June 11,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Patricia C. Clowser
21 Tahoe Lane, S. W.
Roanoke, Virginia 24019
Ms. Tammy E. Tester
2262 Jordontown Road
Thaxton, Virginia 24174
Ladies:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
June 16, 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 your request to amend Proffered Conditions set forth in
Ordinance No. 29201-072588, in connection with a tract of land located on Fugate Road,
N. E., identified as Official Tax No. 3101215.
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 Depadment of Planning, Building and Development at 540-853-1730.
It will be necessary for you, or your representative, to be present at the June 16
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:mh
Enclosure
Sincerely,
Mary F. Parker, CMC
City Clerk
H:\Public Hearings.O3~June 16.att-po.lttrs.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
F~x: (540) 853-1145
E-mail: clerk{~cLroanoke.va.us
June 11,2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEIi~ N. HARTMAN
Assistant City Clcrk
College Development Corporation
5667 Capito Street, N. E.
Roanoke, Virginia 24019
Mr. and Mrs. Mark E. Davis
3039 EIIsworth Street, N. E.
Roanoke, Virginia 24019
Mr. and Mrs. Berkley B. Newbill, Jr.
2919 Bradley Street, N. E.
Roanoke, Virginia 24019
Rick Williams, President
Williamson Road Action Forum
3725 Sunrise Avenue, N. W.
Roanoke, Virginia 24012
Doug Trout, Vice-President
Williamson Road Action Forum
169 Maplelawn Avenue, N. W.
Roanoke, Virginia 24012
Mr. Andy Friedman
2623 Vancouver Drive, N. W.
Roanoke, Virginia 24012
Mr. David Wood
3802 Greenland Avenue, N.W.
Roanoke, Virginia 24012
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
June 16, 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 Patricia C. Clowser and Tammy Tester to amend
Proffered Conditions set forth in Ordinance No. 29201-072588, in connection with a tract
of land located on Fugate Road, N. E., identified as Official Tax No. 3101215.
The City Planning Commission is recommending that Council approve the request. 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.
H:\Public Headngs.O3~June 16.att-po.lttrs.wpd
Interested Property Ownerand/or
A~oining P~perty Owner
June 11,2003
Page 2
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Mary F. Parker, CMC
City Clerk
MFP:mh
H:\Public Hearing$.03~June 16.a~--po.lltrs.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
02136779
Fugate Road
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
V~nia. Sworn and subscribed before me this
day of June 2003. Witness my hand and
PUBLISHED ON: 05/30 06/06
TOTAL COST:
FILED ON:
243.80
06/06/03
Authorized ~
Signature:__~_~__~~.,~_~_' ~ ~/~' /' .... Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke
(1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on
Monday, June 16, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., on the question of amending, repealing or
replacing proffered conditions, authorized by Ordinance No.29201, adopted July 25, 1988,
presently binding upon Official Tax No. 3101215, such tract described as follows:
That tract of land lying in the City of Roanoke, located on Fugate Road, N.E.,
identified as Official Tax No. 3101215.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, June 12, 2003.
GIVEN under my hand this 27th day of Hay ,2003.
Mary F. Parker, City Clerk.
H:LNOT [CES/N-ILEZOFUGATERD{061603) DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, May 30, 2003, and once on Friday, June 6, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
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
F~x: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
STEPHAN1E M. MOON
Deputy C|ty Clerk
SHEILA N. HARTMAN
Assistant City Clerk
May 23, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a second amended petition received in the City Clerk's Office on
May 22, 2003, from Patricia C. Clowser and Tammy E. Tester, requesting Amendment of
Proffered Conditions set forth in Ordinance No. 29201-072588, in connection with a parcel
of land located on Fugate Road, N. E., identified as Official Tax No. 3101215, containing
0.2630 acre, more or less, subject to certain conditions.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMHl\Rezonings - Street.Alley Closings.03\Clowser. Tester.Amendment of Conditions Proffered.second ameeded.wpd
Robert B. Marietta, Chair
May 23, 2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City COuncil
Ms. Patricia C. Clowser, 21 Tahoe Lane, S. W., Roanoke, Virginia 24019
Ms. Tammy E. Tester, 2262 Jordontown Road, Thaxton, Virginia 24174
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:\CKMHILRezonings - Street. Alley Closings.03\Clowser. Tester. Amendment of Conditions Proffered.second amended.wpd
SECOND AMENDED PETITION TO AMEND PROFFERS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of Proffered Conditions for a parcel of land located on Fugate
Road, N.E., in the City of Roanoke, identified as Official Tax Map Number
3101215, containing a total of 0.2630 acres, more or less.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Patricia C. Clowser and Tammy E. Tester, own land in the City
of Roanoke containing 0.2630 acres, more or less, located on Fugate Road, N.E., and
identified as Official Tax Map Number 3101215. Said parcel is currently zoned RM-2,
Residential Multifamily, Medium Density District, with conditions. A map of the subject
property is attached as Exhibit 1.
WHEREAS, by Ordinance No. 29201, enacted on July 25, 1988, City Council
rezoned Tax Map Number 3101209 from RM-1, Residential Multifamily, Low Density
District, to RM-2, Residential Multifamily, Medium Density District, with conditions;
WHEREAS, by approval on July 3, 2000, in Map Book 1, page 2110, Tax Map
Number 3101209 was subdivided into three parcels to create Tax Map Numbers
3101209 and 3101215, and combined the remaining rear portion with Tax Map Number
3101206; and
WHEREAS, Patdcia C. Clowser and Tammy E. Tester, the present owners of
Tax Map Number 3101215, desire to construct a single-family residential dwelling on
that parcel.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioners request that the proffered conditions relative to Tax Map Number
3101215 be amended as hereinafter set forth.
The Petitioners hereby request that the proffered conditions enacted by
Ordinance No. 29201 be repealed as they apply to Tax Map Number 3101215. Said
proffers read as follows:
1) The property will be developed in substantial compliance with plan prepared by
The Works, Inc., Designers, Builders and Developers dated June, 1988, subject
to any changes required by the City dudng site plan review.
2) The front elevation of the structure shall be as shown on the aforesaid plan
prepared by The Works, Inc., Designers, Builders and Developers dated June,
1988.
Furthermore, the Petitioners agree that the property identified as Tax Map No.
3101215 shall be subject to the following proffered conditions:
1. Permitted principal uses on the property shall be limited to a single-family
detached dwelling.
2. The front elevation of the structure shall be as shown on Exhibit 2, Official
Tax Map Number 3101215 Front Elevation, dated April 24, 2003, and
attached hereto, with said structure oriented to Fugate Road, and with the
front porch constructed in a manner that complies with the following
standards:
a) The underside of the front porch between pier supports and the
underside of the front porch stairway shall be completely
enclosed;
b) The front porch stairs shall have solid risers and treads; and
c) The front porch railings shall have a top and bottom rail. Baluster
ends shall not be exposed.
3. The front yard shall be equal to the shallowest of the adjoining front yards
or thirty (30) feet, whichever is less.
The Petitioners believe that the requested amendment of proffers relative to the
said tract of land will further the intent and purposes of the City's Zoning Ordinance and
its comprehensive plan, in that it will facilitate the development of a single-family
'dwelling unit on a vacant parcel in a neighborhood of predominantly single-family
residential uses and structures.
A concept plan is attached hereto as Exhibit 3. Attached as Exhibit 4 are the
names, addresses and tax numbers of the owner or owners of all lots or property
immediately adjacent to and immediately across a street or road from the subject
property.
WHEREFORE, the Petitioners request that the above-described proffers
applicable to Tax Map No. 3101215 be repealed and amended as requested in
accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ~0~' dayof ~Y)~.~ ,2003.
By:
Respectfully submitted,
Patricia C. Clowser
Patricia C. Clowser, Owner
21 Tahoe Lane
Roanoke, Virginia 24019
(540) 992-1499 - Telephone
Tammy E. Tester, Owner
2262 Jordontown Road
Thaxton, Virginia 24174
(540) 890-3219 - Telephone
Tammy E. Tester
BLDG ON -
PROP*L, INE1
METAL
BUILDING
!2.04'~.
· 19.72'
· NEW LOT 16B
0.31 ocres
'15,547 sq. ft.
S22'28'00"E ·
230.00'
230.00'
_- N22'28'00"W ·
~/r
CARL R. & CYN~H~A 2~I4ART
DB 1442 PG 1533
· lAX #3~01210
S22'28'00"E
230.00'
: 1S --
t332B
NE'
0.~
11
1.60t
..OT 15FI
0.2,~4 ,NC
MARK E. [)AN!G &
'rl~ AC¥ A..
FA;< /i 310120B .
MB I :~G 2105-2"C,I
~ s.;0' 32.2c~'
28,30'
~ 1/2
STORY
FRAME
#332
44.07' 32.63'
8.41
[CITY PLAN
I SURVEYED PROPERTY LINE
- --DEED LINE
· SET REBAR
O EXISTING IRON FOUND
.GRAPHIC SCALE
~ 30
PLA T OF S
SHO
THE SUBDIVlSlO,
BLOCK3, L/BERT
' CAEA TING N~W L07
(CITY PLAN .~
FOR
COLLEGE DEVELO
LOCA TEJ
THE CITY OF ROAJ~,
( IN FEET )
1 incl", = 30 ft.
Official Tax No./
Street Address
#3101209
332 FugateRd. N.E.
#3101206
3039 EIIswo~hSt. N.E.
#3100315
2919 Bmd~ySt. N.E.
#3101208
326 Fugate Rd. N.E.
EXHIBIT 4
Adjoining Property Owners
Property Owner
College Development
Corporation
Mark E. & Tracy A. Davis
Berkley B. Jr. & Shelby
P. Newbill
Mark E. & Tracy A. Davis
Mailin,q Address
5667 Capito St. N.E.
Roanoke, VA 24019
3039 EIIsworth St. N.E.
Roanoke, VA 24019
2919 Bradley St. N.E.
Roanoke, VA 24019
3039 EIIsworth St. N.E.
Roanoke, VA 24019
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanok¢.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
April 30, 2003
File #51
Robert B. Marietta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Marietta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of an amended petition received in the City Clerk's Office on
April 29, 2003, from Patricia C. Clowser and Tammy E. Tester, requesting Amendment of
Proffered Conditions set forth in Ordinance No. 29201-072588, in connection with a parcel
of land located on Fugate Road, N. E., identified as Official Tax No. 3101215, containing
0.2630 acre, more or less.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMHl\Rezonings - Street.Alley Closings.03\Clowser. Tester. Amendment of Conditions Proffered.amended.wpd
Robert B. Manetta, Chair
April 30, 2003
Page 2
pc~
The Honorable Mayor and Members of the Roanoke City Council
Ms. Patricia C. Clowser, 21 Tahoe Lane, S. W., Roanoke, Virginia 24019
Ms. Tammy E. Tester, 2262 Jordontown Road, Thaxton, Virginia 24174
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:\CKMHlhR. ezonings - Street. Alley Closings.03\Clowser. Tester. Amendment of Conditions Proffered.amendcd.wpd
AMENDED PETITION TO AMEND PROFFERS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of Proffered Conditions for a parcel of land located on Fugate
Road, N.E., in the City of Roanoke, identified as Official Tax Map Number
3101215, containing a total of 0.2630 acres, more or less.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Patdcia C. Clowser and Tammy E. Tester, own land in the City
of Roanoke containing 0.2630 acres, more or less, located on Fugate Road, N.E., and
identified as Official Tax Map Number 3101215. Said pamel is currently zoned RM-2,
Residential Multifamily, Medium Density District, with conditions. A map of the subject
property is attached as Exhibit 1.
WHEREAS, by Ordinance No. 29201, enacted on July 25, 1988, City Council
rezoned Tax Map Number 3101209 from RM-1, Residential Multifamily, Low Density
District, to RM-2, Residential Muitifamily, Medium Density District, with conditions;
WHEREAS, by approval on July 3, 2000, in Map Book 1, page 2110, Tax Map
Number 3101209 was subdivided into three parcels to create Tax Map Numbers
3101209 and 3101215, and combined the remaining rear portion with Tax Map Number
3101206; and
WHEREAS, Patricia C. CIowser and Tammy E. Tester, the present owners of
Tax Map Number 3101215, desire to construct a single-family residential dwelling on
that parcel.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioners request that the proffered conditions relative to Tax Map Number
3101215 be amended as hereinafter set forth.
The Petitioners hereby request that the proffered conditions enacted by
Ordinance No. 29201 be repealed as they apply to Tax Map Number 3101215. Said
proffers read as follows:
1) The property will be developed in substantial compliance with plan prepared by
The Works, Inc., Designers, Builders and Developers dated June, 1988, subject
to any changes required by the City during site plan review.
2) The front elevation of the structure shall be as shown on the aforesaid plan
prepared by The Works, Inc., Designers, Builders and Developers dated June,
1988.
Furthermore, the Petitioners agree that the property identified as Tax Map No.
3101215 shall be subject to the following proffered conditions:
1. Permitted principal uses on the property shall be limited to a single-family
detached dwelling.
2. The front elevation of the structure shall be as shown on Exhibit 2, Official
Tax Map Number 3101215 Front Elevation, dated April 24, 2003, and
attached hereto, with said structure oriented to Fugate Road.
3. The front yard shall be equal to the shallowest of the adjoining front yards
or thirty (30) feet, whichever is less.
The Petitioners believe that the requested amendment of proffers relative to the
said tract of land will further the intent and purposes of the City's Zoning Ordinance and
its comprehensive plan, in that it will facilitate the development of a single-family
dwelling unit on a vacant parcel in a neighborhood of predominantly single-family
residential uses and structures.
A concept plan is attached hereto as Exhibit 3. Attached as Exhibit 4 are the
names, addresses and tax numbers of the owner or owners of all lots or property
immediately adjacent to and immediately across a street or road from the subject
property.
WHEREFORE, the Petitioners request that the above-described proffers
applicable to Tax Map No. 3101215 be repealed and amended as requested in
accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this J--? day of r~l~?, i , 2003.
By:
Respectfully submitted,
Patdcia C. Clowser
Tammy E. Tester
Patricia C. Clowser, Owner
21 Tahoe Lane
Roanoke, Virginia 24019
(540) 992-1499 - Telephone
Tammy E. Tester, Owner
2262 Jordontown Road
Thaxton, Virginia 24174
(540) 890-3219 - Telephone
BLDG ON
PROP.
METAL
BUILDING
~2.O4®.
CARL R. & CYN~H!
DB 14~2 PG 1533
FAX
0.50'
S22'28'00"E
230.00'
~ S
#332B .90' 32.2~'
28.30'
19.72' 1/2
NEW LOT 16B STORY
FRAME
0.51 Gores #332
13,547 sq. ft. 44.0'/' 32.63'
$22'28'00"E 8.41'
230.00'
~ NE'
0.;
11
230.00'
N22'28'00"W
..(IT : 5[3
~).2~4 ^C
VAR~( E. DA~:S
:RACY A.
FAX /F 3101208
Mil ! :>3 2105'
rCITY PLAN
i
LEGEND
SURVEYED PROPERTY LINE
- ~DEED LINE
· SET REBAR
0 EXISTING IRON FOUND
GRAPHIC SCALE
( IN FEET )
1 inch = 30 ft.
PLA T OF SU
SHO WI1~
THE SUBDIVISION
BLOCK 3, LIBERTY
CiCA TING N~W LOT$
(CITY PLAN NO.
FOR
COLLBG£ DI~V~LOP~
LOCA T~D II
THE CITY OF RQANOK.
3
EXHIBIT 4
Adjoining Property Owners
Official Tax No./
Street Address
Property Owner
Mailin,q Address
#3101209
332 Fugate Rd. N.E.
College Development
Corporation
5667 Capito St. N.E.
Roanoke, VA 24019
#3101206
3039 EIIsworth St. N.E.
Mark E. & Tmcy A. Davis
3039 EIIsworth St. N.E.
Roanoke, VA 24019
#3100315
2919 Bradley St. N.E.
Berkley B. Jr. & Shelby
P. Newbill
2919 Bradley St. N.E.
Roanoke, VA 24019
#3101208 Mark E. & Tracy A. Davis 3039 EIIsworth St. NE.
326 Fugate Rd. N.E. Roanoke, VA 24019
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, May 15, 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 Patricia C. Clowser and Tammy E. Tester, to amend proffered
conditions on property bearing Official Tax No. 3101215, located on Fugate
Road, N.E.
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 29 and May 6, 2003
Please charge to credit card (on file) 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 AMENDMENT OF PROFFER REQUEST OF:
Patricia Clowser and Tammy Tester on Fugate Road, N.E. )
Official Tax No. 3101215 ) AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, MaC[ha 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
15th day of April 2003, notices of a public hearing to be held on the 15th day of May,
2003,on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Parcel Owner's Name
Mailin.q Address
3131206
3101208
Mark and Tracy Davis
3039 EIIsworth Street, NE
Roanoke, VA 24012
3101209
College Development Corporation
5667 Capito Street, NE
Roanoke, VA 24019
3100315
Berkley and Shelby Newbill
2919 Bradley Street, NE
Roanoke, VA 24012
Rick Williams, President
Williamson Road Action Forum
3725 Sunrise Avenue, NW
Roanoke, VA 24012
Andy Friedman
2623 Vancouver Drive, NW
Roanoke, VA 24012
Martha Pace Franklin
Doug Trout, Vice Pres.
Williamson Road Action
Forum
169 Maplelawn Avenue
Roanoke, VA 24012
David Wood
3802 Greenland Avenue
Roanoke, VA 24012
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 15th day of April, 2003.
_/_ ~ / Notary Pu~ic
My Commission Expires: ~/c,/~/O?
MARY F. PARKER, CMC
City Clodc
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
March 27, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition received in the City Clerk's Office on March 26, 2003,
from Patricia C. Clowser and Tammy E. Tester, requesting Amendment of Proffered
Conditions set forth in Ordinance No. 29201-072588, in connection with a parcel of land
located on Fugate Road, N. E., identified as Official Tax No. 3101215, containing 0.2630
acre, more or less.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:\Rezonings - Street. Alley Closings.03\Clowser. Tester. Amendment of Conditions Proffered,wpd
Robe~ B. Mane~a, Chair
March 27,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Ms. Patricia C. Clowser, 21 Tahoe Lane, S. W., Roanoke, Virginia 24019
Ms. Tammy E. Tester, 2262 Jordontown Road, Thaxton, Virginia 24174
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
H:~Rezonings. Street. Alley Closings.03\Clowser. Tester. Amendment of Conditions Proffered.wpd
PETITION TO AMEND PROFFERS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Amendment of Proffered Conditions for a parcel of land located on Fugate
Road, N.E., in the City of Roanoke, identified as Official Tax Map Number
3101215, containing a total of 0.2630 acres, more or less.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioners, Patricia C. Clowser and Tammy E. Tester, own land in the City
of Roanoke containing 0.2630 acres, more or less, located on Fugate Road, N.E., and
identified as Official Tax Map Number 3101215. Said parcel is currently zoned RM-2,
Residential Multifamily, Medium Density District, with conditions. A map of the subject
property is attached as Exhibit 1.
WHEREAS, by Ordinance No. 29201, enacted on July 25, 1988, City Council
rezoned Tax Map Number 3101209 from RM-1, Residential Multifamily, Low Density
District, to RM-2, Residential Multifamily, Medium Density District, with conditions;
WHEREAS, by approval on July 3, 2000, in Map Book 1, page 2110, Tax Map
Number 3101209 was subdivided into three parcels to create Tax Map Numbers
3101209 and 3101215, and combined the remaining rear portion with Tax Map Number
3101206; and
WHEREAS, Patricia C. Clowser and Tammy E. Tester, the present owners of
Tax Map Number 3101215, desire to construct a single-family residential dwelling on
that parcel.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioners request that the proffered conditions relative to Tax Map Number
3101215 be amended as hereinafter set forth.
The Petitioners hereby request that the proffered conditions enacted by
Ordinance No. 29201 be repealed as they apply to Tax Map Number 3101215. Said
proffers read as follows:
1) The property will be developed in substantial compliance with plan prepared by
The Works, Inc., Designers, Builders and Developers dated June, 1988, subject
to any changes required by the City during site plan review.
2) The front elevation of the structure shall be as shown on the aforesaid plan
prepared by The Works, Inc., Designers, Builders and Developers dated June,
1988.
Furthermore, the Petitioners agree that the property identified as Tax Map No.
3101215 shall be subject to the following proffered condition:
1. Permitted principal uses on the property shall be limited to a single-family
detached dwelling.
The Petitioners believe that the requested amendment of proffers relative to the
said tract of land will further the intent and purposes of the City's Zoning Ordinance and
its comprehensive plan, in that it will facilitate the development of a single-family
dwelling unit on a vacant parcel in a manner compatible with the neighborhood.
A concept plan is attached hereto as Exhibit 2. Attached as Exhibit 3 are the
names, addresses and tax numbers of the owner or owners of all lots or property
immediately adjacent to and immediately across a street or road from the subject
property.
WHEREFORE, the Petitioners request that the above-described proffers
applicable to Tax Map No. 3101215 be repealed and amended as requested in
accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ,~,/'~ day of ~t.l~,~L, 2003.
By:
Respectfully submitted,
Patricia C. Clowser
Tammy E. Tester
Patricia C. Clowser, Owner
21 Tahoe Lane
Roanoke, Virginia 24019
(540) 992-1499 - Telephone
Tammy E. Tester, Owner
2282 Jordontown Road
Thaxton, Virginia 24174
(540) 890-3219 - Telephone
BLDG ON
RO~ L!NE~ - 050'
~ i
~_ {30 -
METAL "',.~T--J ,,~ 04'~. - ~1 i #552B
BULDiNG '972' b 1 1/2
NEW LOT 16B ¢ sm*Y .Vm
,~ !5,5~7 Sq. f~. ~ll 44.07' ~ ~ 5255'
,. '~ ~- S22'28C0"E ~860'
X ,~o oo, ,
~---NEW LOT L~NE /
'~ /
~ · :m
~ OR~ONAL LOT t6
~l,~f(.
25000'
N22'28'O0"W
FCiT~f PLAN ,~20
LEGEND
-- SURVEYED PROPERT! LINE
- -- DEED LINE
I, SET REBAR
O EXISTING IPON FOUND
GRAPHIC SCALE
30
( IN FEET )
1 inch = 30 ft
PLA T OF SU$
SHO WIN,
THE SUBDIVISION O[
BLOCK 3, LIBERTY LA
CREA TING NEW LOTS 18,
(CITY PLAN NO. Z
FOR
COLLEGE DEVELOPME.
LOCA TED IN
THE CITY OF ROANOKE,
COMM
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Tclcphon¢: (540) $53-2541
F~x: (540) g53-1145
E-mail: ¢lcrk@¢i.roanok¢.va.us
June 18,2003
File #79
STEPHANIE M. MOON
D~puty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Lisa C. Ison, President
The New Century Venture Center
1354 Eighth Street, S. W.
Roanoke, Virginia 24015
Dear Ms. Ison:
I am enclosing two certified copies of Ordinance No. 36401-061603 exempting from real
estate taxation certain property of the Blue Ridge Small Business Development Center,
Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or
benevolent purposes on a non-profit basis; effective July 1,2003; and dispensing with the
second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Please note that the abovereferenced ordinance must be executed by an authorized agent
of the applicant and filed in the City Clerk's Office no later than June 30, 2003.
MFP:mh
Mary F. Parker, CMC
City Clerk
Enclosure
pc:
The Honorable Sherman A. Holland, Commissioner of Revenue
The Honorable David C. Anderson, City Treasurer
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director, Real Estate Valuation
Elizabeth A. Neu, Director, Economic Development
Barry L. Key, Director, Office of Management and Budget
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 30,2003
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Sherman A. Holland
Commissioner of Revenue
Roanoke, Virginia
The Honorable David C. Anderson
City Treasurer
Roanoke, Virginia
Gentlemen:
I am attaching an executed copy of Resolution No. 36401-061603, with regard to
exempting from real estate taxation certain property of the Blue Ridge Small Business
Development Center, located at 1354 Eighth Street, S. W.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Lisa C. Ison, President, The New Century Venture Center, 1354 Eighth Street,
S. W., Roanoke, Virginia 24015
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director, Real Estate Valuation
Elizabeth A. Neu, Director, Economic Development
Barry L. Key, Director, Office of Management and Budget
H:\Public Hearinas.O3\Blue Ridge Small Business Development Center, Inc. Transmitta~ of signed tax-exempt measure.wpd
IN THE COUNCIL OF THE CITY OF ~ ~, v m~.~*~;- ....
The 16th day of June, 200~.
No. 36401-06160~.
AN ORDINANCE exempting from real estate taxation certain property of the Blue
Ridge Small Business Development Center, Inc., located in the City of Roanoke, an
organization devoted exclusively to charitable or benevolent purposes on a non-profit basis;
providing for an effective date; and dispensing with the second reading by title of this
ordinance.
WHEREAS, the Blue Ridge Small Business Development Center, Inc. d/b/a the New
CentuD, Venture Center (hereinafter "the Applicant"), has petitioned this Council to exempt
certain property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the
Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard with
respect to the Applicant's petition was held by Council on June 16, 2003;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia
(1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the property to be exempt from taxation is
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130809, and
I 130814, commonly known as 1354 Eighth Street, S.W. (the "Property"), and owned by the
H:hMEA'SURES\0-BlueRidgeSmalIBu siness(TaxExemption) 61603.doc
Applicant, and providing that the Property shall be used by the Applicant exclusively for
charitable or benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant
has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent
(20%) of the City of Roanoke's real estate tax levy, which would be applicable to the
prOPerty were the Property not exempt from such taxation, for so long as the Property is
exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council classifies and designates the Blue Ridge Small Business Development
Center, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6)
of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130809, and
1130814, commonly known as 1354 Eighth Street, S.W., and owned by the Applicant, which
property is used exclusively for charitable or benevolent purposes on a non-profit basis;
continuance of this exemption shall be contingent on the continued use of the property in
accordance with the purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees
to pay to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which
would be applicable to the Property, were the Property not exempt from such taxation, for so
long as the Property is exempted from such taxation.
H:~'41EASURES\0-BlueRidgeSmallBusiness(TaxExemption)61603 .doc
3. This Ordinance shall be in full force and effect on July 1, 2003, if by such time
a copy, duly executed by an authorized officer of the Applicant, has been filed with the City
Clerk.
4. The City Clerk is directed to forward'an attested copy of this Ordinance, after it
is properly executed by the Applicant, to the Commissioner of the Revenue and the City
Treasurer for purposes of assessment and collection, respectively, of the service charge
established by this Ordinance, and to Lisa Ison, President of the Blue Ridge Small Business
Development Center, Inc.
5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
ACCEPTED, AGREED TO AND EXECUTED by Blue Ridge Small Business
Development Center, Inc., this.~ day of ~,~-~--c~ ,2003.
BLUE RIDGE SMALL BUSINESS
DEVELOPMENT CENTER, INC.
Title
H:~IEASURES\0-BlueRidgeSmallBu siness(TaxExemption)61603 .doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36401-061603.
AN ORDINANCE exempting from real estate taxation certain property of the Blue
Ridge Small Business Development Center, Inc., located in the City of Roanoke, an
organization devoted exclusively to charitable or benevolent purposes on a non-profit basis;
providing for an effective date; and dispensing with the second reading by title of this
ordinance.
WHEREAS, the Blue Ridge Small Business Development Center, Inc. d/b/a the New
Century Venture Center (hereinafter "the Applicant"), has petitioned this Council to exempt
certain property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the
Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard with
respect to the Applicant's petition was held by Council on June 16, 2003;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia
(1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the property to be exempt from taxation is
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130809, and
1130814, commonly known as 1354 Eighth Street, S.W. (the "Property"), and owned by the
H:kMEASURES\0-BlueRidgeSrnallBusiness(TaxExemption)61603.doc
Applicant, and providing that the Property shall be used by the Applicant exclusively for
charitable or benevolent purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant
has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent
(20%) of the City of Roanoke's real estate tax levy, which would be applicable to the
Property were the Property not exempt from such taxation, for so long as the Property is
exempted from such taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council classifies and designates the Blue Ridge Small Business Development
Center, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6)
of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130809, and
1130814, commonly known as 1354 Eighth Street, S.W., and owned by the Applicant, which
property is used exclusively for charitable or benevolent purposes on a non-profit basis;
continuance of this exemption shall be contingent on the continued use of the property in
accordance with the purposes which the Applicant has designated in this Ordinance.
2. In consideration of Council's adoption of this Ordinance, the Applicant agrees
to pay to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which
would be applicable to the Property, were the Property not exempt from such taxation, for so
long as the Property is exempted from such taxation.
H:WIEASURES\0-BlueRidgeSmallBusiness(TaxExemption) 61603.doc
3. This Ordinance shall be in full force and effect on July 1,2003, if by such time
a copy, duly executed by an authorized officer of the Applicant, has been filed with the City
Clerk.
4. The City Clerk is directed to forward an attested copy of this Ordinance, after it
is properly executed by the Applicant, to the Commissioner of the Revenue and the City
Treasurer for purposes of assessment and collection, respectively, of the service charge
established by this Ordinance, and to Lisa Ison, President of the Blue Ridge Small Business
Development Center, Inc.
5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
ACCEPTED, AGREED TO AND EXECUTED by Blue Ridge Small Business
Development Center, Inc., this day of ,2003.
BLUE RIDGE SMALL BUSINESS
DEVELOPMENT CENTER, INC.
By (SEAL)
Title
H:WiEASURES\0-BlueRidge SmallBusiness(TaxExemption) 61603.doc
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
June 16, 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: Tax Exemption Request
Dear Mayor Smith and Members of City Council:
Background:
The Blue Ridge Small Business Development Center, Inc., owns the property
known as Tax Map #s 1130511, 1130512, 1130514, 1130515, 1130516,
1130719, 1130814, and 1130809, located at 1354 Eighth St., SW. This property
houses the New Century Venture Center, an incubator for small businesses.
Annual taxes due for Fiscal Year 2003/2004 are $4,663.34 on an assessed value
of $86,400 for the land and $299,000 for the building.
The Blue Ridge Small Business Development Center, Inc., petitioned City
Council on February 7, 2001, requesting adoption of a Resolution in support of
the organization obtaining tax-exempt status from the General Assembly for its
property located in the City of Roanoke. City Council adopted such a resolution,
but the Center did not secure a sponsor during the 2002 session of the General
Assembly for legislation to have its property declared tax exempt. As a result of
a statewide constitutional referendum, during its last session, the General
Assembly passed legislation requiring only a city or county's governing body's
approval for tax-exempt status. Therefore, the Center's petition is once more
before City Council.
Notification of a public hearing to be held June 16, 2003, was duly advertised in
the Roanoke Times.
Honorable Mayor and Members of Council
June 16, 2003
Page 2
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non-profit organizations for tax exemption of
certain property in the City by Resolution 36331-051903, adopting a revised
Process for Determination of Property Tax Exemption dated May 19, 2003, with
an effective date of January 1,2003. The Blue Ridge Small Business
Development Center, Inc. has provided the necessary information required as a
result of the adjustments made to our revised local policy prior to the deadline of
June 1,2003.
Loss of revenue to the City will be $3,730.68 annually affer a twenty percent
service charge is levied by the City in lieu of real estate taxes. This service
charge will be $932.66.
Commissioner of Revenue, Sherman Holland, has determined the organization is
not exempt from paying real estate taxes by classification or designation under
the Code of Virginia. The IRS recognizes it as a 501 (c) - tax-exempt
organization.
Recommended Action:
Authorize the Blue Ridge Small Business Development Center, Inc., exemption
from local real estate taxation pursuant to Article X, Section 6 (a) 6 of the
Constitution of Virginia.
City Manager
DLB/vst
Attachments
Honorable Sherman A. Holland, Commissioner of Revenue
Honorable David C. Anderson, City Treasurer
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Honorable Mayorand Members of Council
June 16, 2003
Page 2
Willard N. Claytor, Director of Real Estate Valuation
Elizabeth A. Neu, Director of Economic Development
Barry L. Key, Director of Management and Budget
Ms. Lisa Ison, President, Blue Ridge Small Business
Development Center, Inc., 1354 Eighth Street, S.W.
CM03-00108
May 27, 2003
Ms Mary F. Parker, City Clerk
City of Roanoke
215 Church Ave., SW, Rotan 456
Roanoke, VA 24011-1536
Dear Ms Parker:
This letter is in reference to a request for Real Estate Tax Exemption for the Blue Ridge
Small Business Development Center, Inc., originally approved by Roanoke City Council on July
16, 2001, and slated to be reconsidered by City Council on June 16, 2003.
The approved Resolution No. 35481-071601 only addresses real estate, land and building,
to be exempt from taxation. This letter is to clarify that we are currently seeking only exemption
for Real Estate Tax and not exemption from Personal Property Tax as referenced in our original
petition.
I apologize for any confusion, and please let me know if you need further information.
Sincerely,
~on~t
enclosures
c: Vickie Tregubov, Department of Management and Budget
Linda Bass, Department of Economic Development
William Hackworth, City Attorney
Dick Sayers, Legal Counsel
1354 Eighth Street, SW * Roanoke, VA 24015 * Phone: (540) 344-6402 * F~r: (540) 345-0262 * e-mail: lison@rev, net
~ CLERK '~3 I'lP~ ~3
February 26, 2003
Ms. Mary F. Parker, City Clerk
City of Roanoke
215 Church Avenue, SW, Room 456
Roanoke, VA 24011-1536
RE: Petition for Tax Exemption of Real Property
Dear Ms. Parker:
In response to Vickie Tregubov's request on February 26, 2003, I offer the following:
1. We are aware that one of the requirements for tax exemption of real property is
that the applicant agrees to pay to the City an annual service charge in an amount
equal to 20% of the real estate tax levy which would otherwise be owing. This
letter is confirmation that we agree to pay this amount for as long as this
exemption continues.
2. We are not located within a service district.
3. We agree to provide information to the Director of Real Estate Valuation upon
request to allow a triennial review of the tax exempt status.
If you need further information, please contact me at (540) 344-6402.
Sincerely,
Lisa C. Ison, President
c: Vickie S. Tregubov
Linda Bass
1354 Eighth Street, SW * Roanoke, VA 24015 * Phone: (540) 344-6402 * Fax: (540) 345-0262 * e mail: lison@rev, net
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
February 24, 2003
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham and Mr. Hackworth:
William M. Hackworth
City Attorney
Roanoke, Virginia
At a regular meeting of Council held on Monday, December 2, 2002, Resolution No.
36148-120202 was adopted with regard to a new policy and procedure with respect to
requests of non-profit organizations to exempt certain property from taxation, pursuant to
Article X, Section 6(a)(6), of the Constitution of Virginia, repealing Resolution No. 30884-
021892, adopted February 18, 1992, as amended by Resolution No. 35645-111901
adopted November 19, 2001. The new policy was in effect on January 1, 2003.
I am attaching copy of a petition from the New Century Venture Center requesting
exemption from taxation of real property located at 1354 Eighth Street, S. W., in the City
of Roanoke, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended.
H:\New Century Council Petition.wpd
Darlene L. Burcham
William M. Hackworth
February 24, 2003
Page 2
Pursuant to Resolution No. 36148-120202, the petition must be forwarded to the City
Manager by April 15 for evaluation and recommendation to City Council prior to July 1; and
the City Attorney is required to prepare a resolution and/or an ordinance for adoption by
Council.
SMM:aa
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Attachment
pc:
The Honorable Mayor and Members of City Council
Lisa C. Ison, President, The New Century Venture Center, 1354 Eighth Street,
S. W., Roanoke, Virginia 24015
The Honorable Sherman A. Holland, Commissioner of the Revenue
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director, Real Estate Valuation
H:\New Century Council Petition.wpd
February 19, 2003
Ms Mary F. Parker, City Clerk
City of Roanoke
215 Church Ave., SW, Room 456
Roanoke, VA 24011-1536
Dear Ms Parker:
Enclosed is information pertaining to the Real Estate Tax Exemption for the Blue Ridge
Small Business Development Center, Inc., originally approved by Roanoke City Council on July
16, 2001.
We are resubmitting our application as directed by the Commissioner of the Revenue in
light of the new constitutional amendment that the General Assembly no longer has to approve
property tax exemptions.
Please let me know if you need further information.
Sincerely,
L~.~sa C(~i'~on,~t
enclosures
c: Linda Bass, Roanoke City Economic Development
1354 Eighth Street, SW * Roanoke, VA 24015 * Phone: (540) 344-6402 * F~r: (540) 345-0262 * e-mail: lison@rev, net
VIRGINIA
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM
TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6
(a) (6) OF THE CONSTITUTION OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE
1. Your Petitioner, Blue Ridge Small Business Development Center, Inc. (d.b.a.: The New
Century Venture Center), a Virginia non-stock, not-for profit corporation, is the owner of certain real
properties located at 1354 Eighth Street, SW, in the City of Roanoke, Virginia, which property is more
particularly described on Exhibit A attached hereto.
2. Your Petitioner desires to be an orgmfizafion designated by a section within Article 4,
Chapter 36 of Tire 58.1 of the Code of Virginia, 1950, as amended, in order that the referenced real
property and the personal property housed on such real property and used exclusively for the development
and growth of young and start-up companies, be exempt from taxation under the provisions of Article X,
Section 6 (a) (6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the
property so exempted is used in accordance with the purpose for which your Petitioner is classified.
3. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a
resolution in accordance with the requirements of §30-19.04.B of the Code of Virginia, 1950, as amended,
after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in
order that legislation involving the designation of property to be exempted from taxation pursuant to Article
X, Section 6 (a) (6) of the Constitution of Virginia may be presented to the General Assembly of Virginia.
In compliance with 30-19.04.B the following questions are submitted for consideration:
1. W]~ether the organization is exempt from taxation pursuant to 501 (c) of the Intemal
Revenue Code.
A. Your Petitioner is exempt from taxation pursuant to 501 (c) of the Internal Revenue
Code. A copy of the exemption determination letter from the Internal Revenue
Service is attached as Exhibit B.
Whether a current annual alcoholic beverage license for serving alcoholic beverages has
been issued by the Alcohol Beverage Control Board to such orffanization for such use on
the property.
A. No annual alcoholic beverage license has been or will be requested or issued for use on
the referenced property.
Whether any director or officer of the organization has been paid compensation in excess
of reasonable allowances for salaries or other compensation for personal services which
such director or officer actually renders.
A. No officers or directors of your Petitioner are paid compensation in excess of
reasonable allowances for salaries or other compensation for personal services actually
rendered. The President oftbe organization (who serves as Executive Director) and
Administrative Assistaot receive compensation. No other Officers or Board of
Directors are compensated for services rendered to the organization.
Whether any part of the net earnings of such organization inures to the benefit of any
individual and whether any significant portion of the services provided by such organization
is generated by funds received by donations, contributions or local, state or federal grants.
As used in this subsection donation shall include the providing of personal services or the
contribution of in kind or other material services.
A. No part of the net earnings of your Petitioner inures to the benefit on any individual.
Initial start-up funding for Your Petitioner was generated by State and Federal grants
and donations of goods and services from local businesses. Your Petitioner currently
provides services primarily through rental and program income. Based upon need,
Your Petitioner may apply for special projects funding through local, state, federal, and
private fotmdation grant opportunities.
Whether the organization provides services for the common good of tbe public.
A. Your Petitioner provides services for the common good of the public in as much as it
provides the following services to young and start-up companies:
1. Flexible office spaces with affordable lease rates
2. Value added services such as shared receptionist, office equipment, conference
room/training facilities, and AV equipment
3. Business mentoring through volunteer business and community leaders
4. Business resource library
5. Internship opportunities for area high school and college students.
6. BizPrep program for economically disadvantaged inner city residents
7. Networking opportunities with other small businesses
Whether a substantial part of the activities of the organization involves caring 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.
A. Your Petitioner is not involved in propaganda, influencing legislation or any political
campaign on behalf of any candidate for public office.
No rule, regulation, policy or practice of the organization discriminates on the basis of
religious conviction, race, color, sex or national origin.
A. No rule, regulation, policy or practice of your Petitioner discriminates on the basis or
religious conviction, race, color, sex or national origin.
The revenue impact to the locality and its taxpayers of exempting the property.
A. No significant impact is anticipated as a result of the exemption.
Any other criteria, facts and circumstances wlfich the governing body deems pertinent to
the adoption of such resolution.
2
A. Your Petitioner is a locally organized business incubator which brings together fledgling
businesses with the resources of the local community, its businesses and leaders, to
alleviate some of the issues facing young and start-up companies in the critical early
stages of development. Volunteer community members and leaders make up the
board of directors and the tenant advisot~ teams. National statistics show that 80% of
small businesses fail in the first five years; however, 87% graduates of incubators are still
in operation after five years.
WHEREFORE, your Petitioner, the Blue Ridge Small Business Development Center, Inc.,
respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to 30-
19.04 of the Code of Virginia, 1950, as amended, statiug the provisions of subsection B of that Code section
has been examined and considered in conjunction with this petition seeking the designation of property to
be exempted from taxation pursuant to Article X, Section 6 (a) (6) of the Constitution of Virginia at a public
hearing at which citizens have had an opportunity to be heard and (2) that a recommendation be made to
the General Assembly of Virginia that the real and personal property of your Petitioner be desiguated by a
section within Article 4, Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, exempting the
real and personal property of your Petitioner from taxation so long as your Petitioner is operated not for
profit and the property so exempt is used for the particular purposes of providing programs to assist young
and start-up businesses.
Respectfully Submitted,
BLUE RIDGE SMALL BUSINESS DEVELOPMENT
CENTER, INC.
q
33~C
1130611
FEB-15 01 12:02 FROM:NCUC 540~4502E~ T0:540 8551145 PAGE:01
iNT£RN~L REVENUE SERVICE
DISTRICT DIRECTOR
31HOPK[NS PL~Z~
THE ~LUFRIDGE SMALL
~EVELOPMENT CENTER
RO~-~IK£, VA 7401~-1703
§[P~RTflENT OF ~HE TREASURY
E~pioyer !dentificltion ~lmber:
Contact Person:
[P/ED CUSTOMER SERV)CF UNIT
(qIO) 962-605~
0u, Let~e¢
June 6, )995
orq=n£~at)on described tn ~ectEon 501(c)(3) ts ~til) in effert, Ra~ed on the
information you ~ubmitted~ ~e h,~ve determined that yo~ ~re ~ot a private
orqani[atEon of the typ. described fn ~ection 509(a)(t) and 170(h)ft)(A)(vi).
[nterna! Revenue ~erv£¢e Dubt[shes notice to the contrary, However, if yOU
rose your ~ection 509(a)(1) status, a qrantor Or contributor may not rely on
a~plie~, the adeendue enclosed ii an £nteqral pa~t of this letter.
District Director
Letter 1050 (DO/CO)
FEB-1J-2~l 12: 06 54~4513~ 9:~/. P. 01
FEB-l] 01 12:02 FROM:NCUC 540~450262 T0:540 8531145 PAGE:02
-2-
under ~hich private foundations may rely on th~s
return). See Internal Revenue Service Notice 88-t20, 198~-2 C.g. q54,
This letter ~upersedes our letter ~ated aort[ 29, 1996 reflec[i~q a
tygo~r&ph~cal error in the ~aee.
FEB-iS-2~I
12:06 5405450262
Letter tO50 (DO/CG)
P. 02
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
THE NEW CENTURY VENT
ATTEN: LISA ISON
1354 8TH ST SW
ROANOKE VA 24015
REFERENCE: 80025684
02145143
Blue Ridge Small B
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
Virg~hia. Sworn and subscribed before me this
~-'~ _d~y of June 2~03. Witness my hand and
C~/~ _~___._~_~_~ Notary Public
PUBLISHED ON: 06/08
TOTAL COST:
FILED ON:
151.76
06/08/03
Billing Services Representative
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing
at its regular meeting to be held on June 16, 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 on the question of adoption of an ordinance pursuant to {}58.1-3651, Code of Virginia
(1950), as amended, approving the request of the Blue Ridge Small Business Development Center,
Inc., d/b/a The New Century Venture Center, for designation of its property to be exempted from
taxation.
The assessed value of the applicant's real estate for tax year 2003/2004 on the Center's real
property is $86,400 with real estate tax assessment of $4,663.34 due for 2003/2004 tax year. The
loss of revenue will be $3,760.68 annually after a 20% service charge is levied in lieu of real estate
taxes.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, June 12, 2003.
GiVEN under my hand this 4th day of June ,2003.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday, June 8, 2003.
Send Affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
Lisa Ison, President,
New Century Venture Center
1354 Eight Street, SW
Roanoke, Virginia 24015
(540) 344-6402
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #53-60
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36404-061603 amending and reordaining certain
sections of the 2002-03 School Capital Projects Fund Appropriations, in connection with
architectural and engineering fees related to the Patrick Henry High School Project; and
dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burnham, 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
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of June, 2003.
No. 36404-061603.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
School Capital Projects Fund Appropriations, and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 School Capital Projects Fund Appropriations be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Education $
Public Improvement Bonds Series 2005 (1 ...........................................
Patrick Henry High School Project (2) ....................................................
1) Schools (031-060-9707-6896-9182) $ (1,100,000)
2) Appropriated from
Future Bond Issue (031-065-6066-6896-9137) 1,100,000
23,517,418
(1,100,000)
1,100,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
CIRCUIT COURT
I~ec,~ved & Filed
o
,JUy] 9 20.~
El'~:puty
;ITY OF ROANOKE
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
June 18,2003
File #53
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am attaching copy of Resolution No. 36403-061603 authorizing issuance of
$52,300,000.00 principal amount of City of Roanoke, Virginia, general obligation public
improvement bonds; in the form of general obligation public improvement bonds of the city,
for the purpose of providing funds to pay the costs of acquisition, construction,
reconstruction, improvement, extension, enlargement and equipping of various public
improvement projects of and for the city; fixing the form, denomination and certain other
details of such bonds; providing for the sale of such bonds; authorizing the preparation of
a preliminary official statement and an official statement relating to such bonds and the
distribution thereof and the execution of a certificate relating to such official statement;
authorizing the execution and delivery of a continuing disclosure certificate relating to such
bonds; authorizing and providing for the issuance and sale of a like principal amount of
general obligation public improvement bond anticipation notes in anticipation of the
issuance and sale of such bonds; delegating to the City Manager and the Director of
Finance certain powers with respect to the sale and determination of the details of such
bonds and notes; and otherwise providing with respect to the issuance, sale and delivery
of such bonds and notes. The abovereferenced measure was adopted by the Council of
the City of Roanoke at a regular meeting which was held on Monday, June 16, 2003.
Pursuant to provisions of Section 12 of Resolution No. 36403-061603, I am required to file
a certified copy of the measure with the Circuit Court of the City of Roanoke, Virginia, in
accordance with Section 15.2-2607, Code of Virginia (1950), as amended.
Mary F. Parker, CMC
City Clerk
MFP:mh
H:~Agenda.03\June 16, 2003 correspondence (PH's),wpd
The Honorable A~hur B. Crush, Ill
June 18, 2003
Page 2
Attachment
po:
Kevin Rotty, Senior Vice-President, Morgan Keegan & Co., Inc., Riverfmnt Plaza,
951 East Byrd Street, Suite 930, Richmond, Virginia 23219
Donald G. Gurney, Esquire, Hawkins, Delafield and Wood, 67 Wall Street, New
York, New York 10005
Gary Ometer, BB&T Capital Markets, P. O. Box 1575, Richmond, Virginia
23218-1575
The Honorable David C. Anderson, City Treasurer
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.03\June 16, 2003 correspondence (PH's),wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
RESOLUTION NO. 36403-061603
A RESOLUTION AUTHORIZING THE ISSUANCE OF FIFTY-TWO MILLION
THREE HUNDRED THOUSAND DOLLARS ($52,300,000) PRINCIPAL AMOUNT OF
GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY,
FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT,
EXTENSION, ENLARGEMENT AND EQUH?PING OF VARIOUS PUBLIC
IMPROVEMENT PROJECTS OF AND FOR SUCH CITY; FIXING THE FORM,
DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING
FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A
PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT
RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE
EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND
PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES
IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS;
DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE
CERTAIN POWERS WITH RESPECT TO THE SALE AND DETERMINATION OF
THE DETAILS OF SUCH BONDS AND NOTES; AND OTHERWISE PROVIDING
WITH RESPECT TO THE, ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND
NOTES
WHEREAS, in the judgment of the Council (the "Council") of the City of
Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to
authorize the issuance of $52,300,000 principal amount of general obligations of the City, in the
form of General Obligation Public Improvement Bonds of the City, for the purpose of providing
funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the City and to
authorize the issuance of a like principal amount of General Obligation Public Improvement
Bond Anticipation Notes in anticipation of the issuance of such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ROANOKE, VIRGINIA:
SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia,
1950 (the same being the Public Finance Act of 1991), for the purpose of providing funds to pay
the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement
and equipping of various public improvement projects of and for the City set forth in Section 7,
the City is authorized to contract a debt and to issue Fifty-Two Million Three Hundred Thousand
Dollars ($52,300,000) principal amount of general obligation bonds of the City to be designated
425702,2 024739RES
and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds"
(referred to herein as the "Bonds").
(b) The Bonds shall be issued and sold in their entirety at one time, or from
time to time in part in series, as shall be determined by the Director of Finance. There shall be
added to the designation of the Bonds a series designation determined by the Director of Finance.
The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any
integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards
in order of issuance. The Bonds shall bear interest from their date payable on such date and
semiannually thereafter as shall be determined by the City Manager and the Director of Finance
in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued
in such aggregate principal amounts (not exceeding the aggregate principal amount specified in
Section l(a)); and shall mature on such dates and in such years (but in no event exceeding forty
(40) years from their date or dates), and in the principal amount in each such year, as shall be
determined by the City Manager and the Director of Finance in accordance with the provisions
of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and
sixty (360) day year comprised of twelve (12) thirty (30) day months.
(c) The Bonds (or portions thereof in installments of $5,000) shall be subject
to redemption at the option of the City prior to their stated maturities, in whole or in part from
time to time on any date, in such order as may be determined by the City (except that if at any
time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds
or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by
lot), upon payment of such redemption prices (expressed as a percentage of the principal amount
of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the
redemption thereof, as shall be determined by the City Manager and the Director of Finance in
accordance with the provisions of Section 8 hereof; provided, however, that in the event all or a
portion of the Bonds authorized hereby are sold to the Virginia Public School Authority (the
"VPSA"), the Bonds shall not be subject to prepayment or redemption except with the prior
written consent of the registered owner.
(d) (i) If any Bond (or any portion of the principal amount thereof in
installments of $5,000) shall be called for redemption, notice of the redemption thereof,
specifying the date, number and maturity of such Bond, the date and place or places fixed for its
redemption, the premium, if any, payable upon such redemption, and if less than the entire
principal amount of such Bond is to be redeemed, that such Bond must be surrendered in
exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued
equalling in principal amount that portion of the principal amount thereof not to be redeemed,
shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class
mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of
registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next
preceding the date fixed for redemption; provided, however, that if all or a portion of the Bonds
authorized hereby are sold to the VPSA, notice shall be made by registered mail at least sixty
(60) days but no more than ninety (90) days prior to the date fixed for redemption. If notice of
the redemption of any Bond shall have been given as aforesaid, and payment of the principal
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425702.2 024739 RES
amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the
accrued interest and premium, if any, payable upon such redemption shall have been duly made
or provided for, interest thereon shall cease to accrue from and after the date so specified for the
redemption thereof.
(ii) So long as the Bonds are in book-entry only form, any notice of
redemption shall be given only to The Depository Trust Company, New York, New York
("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner
of the Bonds any notice of redemption.
SECTION 2. The full faith and credit of the City shall be and is irrevocably
pledged to the punctual payment of the principal of and premium, if any, and interest on the
Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding
and unpaid, the Council shall be authorized and required to levy and collect annually, at the same
time and in the same manner as other taxes of the City are assessed, levied and collected, a tax
upon all taxable property within the City, over and above all other taxes, authorized or limited by
law and without limitation as to rate or amount, sufficient to pay when due the principal of and
premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully
available and appropriated for such purpose.
SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by
the manual or facsimile signatures of the Mayor and City Treasurer and shall have a facsimile of
the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of
the City Clerk.
(b) The Director of Finance is hereby authorized to appoint a Registrar and
Paying Agent for the Bonds; provided, however, that in the event all or a portion of the Bonds
authorized hereby are sold to the VPSA, the Registrar and Paying shall be a bank or tmst
company qualified to serve as such in accordance with the provisions of Section 8 hereof.
(c) The Director of Finance shall direct the Registrar to authenticate the
Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of
authentication endorsed on each Bond shall have been manually executed by an authorized
signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the
certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a
Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of
the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such
Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be
dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th)
day of the calendar month next preceding an interest payment date and prior to such interest
payment date, the certificate shall be dated as of such interest payment date and (iv) in all other
instances the certificate shall be dated as of the interest payment date next preceding the date
upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a
date other than the first day of a calendar month or the dates on which interest is payable on such
series are other than the first days of calendar months, the provisions of this Section 3(c) with
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425702.2 024739 RES
regard to the authentication of such Bonds and of Section 9 with regard to the form of such
Bonds shall be modified as the Director of Finance shall determine to be necessary or
appropriate.
(d) The execution and authentication of the Bonds in the manner set forth
above is adopted as a due and sufficient authentication of the Bonds.
SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be
payable in such coin or currency of the United States of America as at the respective dates of
payment thereof is legal tender for public and private debts at the office of the Registrar. Interest
on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such
Bonds at their respective addresses as such addresses appear on the books of registry kept
pursuant to this Section 4.
(b) At all times during which any Bond of any series remains outstanding and
unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry
for the registration, exchange and transfer of Bonds of such series. Upon presentation at its
office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall
register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books
of registry the Bonds as hereinbefore set forth.
(c) The books of registry shall at all times be open for inspection by the City
or any duly authorized officer thereof.
(d) Any Bond may be exchanged at the office of the Registrar for such series
of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums
of the same series, interest rate and maturity.
(e) Any Bond of any series may, in accordance with its terms, be transferred
upon the books of registry by the person in whose name it is registered, in person or by his duly
authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied
by a written instrument of transfer duly executed by the registered owner in person or by his duly
authorized attorney, in form satisfactory to the Registrar.
(f) All transfers or exchanges pursuant to this Section 4 shall be made without
expense to the registered owners of such Bonds, except as otherwise herein provided, and except
that the Registrar for such series of Bonds shall require the payment by the registered owner of
the Bond requesting such transfer or exchange of any tax or other governmental charges required
to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this
Section 4 shall be cancelled.
(g) (i) The Bonds shall be issued in full book-entry form. One Bond
representing each maturity of the Bonds will be issued to and registered in the name of Cede &
Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be
immobilized in the custody of DTC. DTC will act as securities depository for the Bonds.
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425702.2 024739 RES
Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or
any integral multiple thereof. Purchasers will not receive physical delivery of certificates
representing their interest in the Bonds purchased.
(ii) Principal, premium, if any, and interest payments on the Bonds will be
made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds,
which will in turn remit such payments to the DTC participants for subsequent disbursal to the
beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments
to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial
owners of the Bonds by DTC participants will be the responsibility of such participants and other
nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be
accomplished by book entries made by DTC and, in turn, by the DTC participants who act on
behalf of the indirect participants of DTC and the beneficial owners of the Bonds.
(iii) The City will not be responsible or liable for sending transaction
statements or for maintaining, supervising or reviewing records maintained by DTC, its
participants or persons acting through such participants or for transmitting payments to,
con-mmnicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds.
SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds,
but no such number shall constitute a part of the contract evidenced by the particular Bond upon
which it is printed; no liability shall attach to the City or any officer or agent thereof (including
any paying agent for the Bonds) by reason of such numbers or any use made thereof (including
any use thereof made by the City, any such officer or any such agent) or by reason of any
inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or
omission with respect to such numbers shall not constitute cause for failure or refusal by the
successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its
bid. All expenses in connection with the assignment and printing of CUSIP numbers on the
Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for
the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds.
(b) A copy of the final legal opinion with respect to the Bonds, with the name
of the attorney or attorneys rendering the same, together with a certification of the City Clerk,
executed by a facsimile signature of that officer, to the effect that such copy is a true and
complete copy (except for letterhead and date) of the legal opinion which was dated as of the
date of delivery of and payment for the Bonds, may be printed on the Bonds.
SECTION 6. In the case of Bonds issued hereunder the interest on which is
contemplated to be excluded from gross income for purposes of federal income taxation, the City
covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal
Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder
throughout the term of the Bonds.
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425702.2 024739 RES
SECTION 7. The proceeds of the sale of the Bonds shall be applied to the
payment of the cost of the following public improvement projects of and for the City in
substantially the following respective amounts:
Purpose Amount
Civic Center Capital Improvements
Public School Capital Improvements
$14,300,000
38,000,000
$52,300,000
If any project set forth above shall require less than the entire respective amount so set forth, the
difference may be applied to any of the other projects so set forth.
SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on
such date or dates and at such price or prices as shall be determined by the City Manager and the
Director of Finance. In the event it is determined that the Bonds shall be sold at competitive
sale, the Director of Finance is hereby authorized to prepare or cause to be prepared a Summary
Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The
Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or
cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of
Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the
Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may
be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby
authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each
series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate
principal amount of the Bonds of each series and the principal amount of the Bonds of each
series maturing in each year; and (ii), in the event it is determined that the Bonds shall be sold at
competitive sale, are hereby further authorized to receive bids for the purchase of the Bonds of
each series and, without further action of this Council, to accept the bid offering to purchase the
Bonds of each series at the lowest true interest cost to the City; provided, however, in no event
shall the true interest cost with respect to the Bonds of any series exceed eight percent (8.00%).
The City Manager and the Director of Finance are further authorized to fix the rates of interest to
be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in
accordance with the immediately preceding sentence. The City Manager and the Director of
Finance are hereby authorized to determine the provisions relating to the redemption of the
Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any
redemption premium payable by the City exceed three percent (3.00%). In the event it is
determined that all or a portion of the Bonds authorized hereby for public school capital
improvements shall be sold to the VPSA, such Bonds shall have the final details, including the
purchase price thereof, the interest rates to be borne thereby, the redemption provisions thereof,
including notice of redemption provisions and the premium, if any, payable upon the redemption
thereof as shall be requested by the VPSA and as shall be determined by the City Manager and
the Director of Finance in accordance with the parameters set forth in this Section 8(a); provided,
further, that the City Manager and the Director of Finance shall select a bank or trust company
qualified to serve as paying agent and registrar in connection with such Bonds, and such Bonds
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425702.2 024739 RES
may be designated and known as "City of Roanoke, Virginia, General Obligation School
Bonds", and the City Manager and the Director of Finance, or either of them, are further
authorized to execute and deliver to the VPSA a Bond Sale Agreement, a Proceeds Agreement, a
Continuing Disclosure Agreement, a Use of Proceeds Certificate and such other agreements and
certificates as are customarily executed and delivered in connection with the sale of bonds to the
VPSA.
(b) The Mayor is hereby authorized and directed to execute and deliver to the
purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially
the form of the Preliminary Official Statement relating to the Bonds, after the same has been
completed by the insertion of the maturities, interest rates and other details of the Bonds and by
making such other insertions, changes or corrections as the Mayor, based on the advice of the
City's financial advisors and legal counsel (including the City Attorney and Bond Counsel),
deems necessary or appropriate; and this Council hereby authorizes the Official Statement and
the information contained therein to be used by the purchasers in connection with the sale of the
Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12
promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby
authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate
in substantially the form to be included in the Official Statement under the caption "Certificate
Concerning Official Statement".
(c) The City Manager and the Director of Finance are hereby authorized to
execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to
the Bonds evidencing the City's undertaking to comply with the continuing disclosure
requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City
Manager and the Director of Finance upon advice of counsel (including the City Attorney and
Bond Counsel), such approval to be conclusively evidenced by their execution thereof.
(d) All actions and proceedings heretofore taken by this Council, the City
Manager, the Director of Finance and the other officers, employees, agents and attorneys of and
for the City in connection with the issuance and sale of the Bonds are hereby ratified and
confirmed.
SECTION 9. The Bonds, the certificate of authentication of the Registrar, and
the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A
attached hereto.
SECTION 10. General obligation public improvement bond anticipation notes
(the "Notes") are authorized for issuance and sale by the City Manager and the Director of
Finance in anticipation of the issuance of the general obligation bonds authorized for issuance
herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on
such other terms and conditions as shall be determined by the City Manager and the Director of
Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine
the dated date of the Notes of each series, the dates the Notes of each series shall mature, the
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425702.2 024739 RES
dates on which interest on the Notes shall be payable, the aggregate principal amount of the
Notes of each series and the principal amount of the Notes of each series maturing in each year;
and (ii), in the event it is determined that the Notes shall be sold at competitive sale, am hereby
further authorized to receive bids for the purchase of the Notes of each series and, without
further action of this Council, to accept the bid offering to purchase the Notes of each series at
the lowest true interest cost to the City; provided, however, in no event shall the true interest cost
with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the
Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of
each maturity of each series as specified in the bid accepted by them in accordance with the
immediately preceding sentence. The City Manager and the Director of Finance are hereby
authorized to determine the provisions relating to the redemption of the Notes hereof upon the
advice of the City's financial advisor; provided, however, in no event shall any redemption
premium payable by the City exceed two percent (2.00%). If such Notes are offered for
competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared,
published and distributed in accordance with the requirements of Section 8. Them shall also be
prepared and distributed a Preliminary Official Statement and a final Official Statement relating
to such Notes in such form as shall be approved by the Director of Finance. The issuance and
details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2,
Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall
apply to such Notes to the same extent the same apply to the Bonds except, in the case of the
provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the
Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued
pursuant to this Section 10 may be issued and sold in accordance with the provisions of this
Resolution at any time within five (5) years of the date of issuance of the first Notes issued in
anticipation of such Bonds.
SECTION 11. The Council hereby authorizes the City to make expenditures for
the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the
proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The
adoption of this Resolution shall be considered an "official intent" within the meaning of
Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986.
SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution,
certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of
Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950.
SECTION 13. All ordinances, resolutions and proceedings in conflict herewith
are, to the extent of such conflict, repealed.
ATTEST:
City Clerk.
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425702.2 024739 RES
EXHIBIT A
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND
SERIES
REGISTERED
No.R-__
MATURITY
DATE:
REGISTERED
INTEREST
RATE: DATE OF BOND: CUSIP NO.:
REGISTERED OWNER:
PRINCIPAL SUM:
CEDE & CO.
DOLLARS
KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the
Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and
hereby promises to pay to the Registered Owner (named above), or registered assigns, on the
Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall
have been duly called for previous redemption and payment of the redemption price duly made
or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum
on and semiannually on each and thereafter
(each such date is hereinafter referred to as an "interest payment date"), from the date hereof or
from the interest payment date next preceding the date of authentication hereof to which interest
shall have been paid, unless such date of authentication is an interest payment date, in which case
from such interest payment date, or unless such date of authentication is within the period from
the sixteenth (16th) day to the last day of the calendar month next preceding the following
interest payment date, in which case from such following interest payment date, such interest to
be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum,
by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose
name this Bond is registered upon the books of registry, as of the close of business on the
fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each
interest payment date. Interest on this Bond shall be calculated on the basis of a three hundred
and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and
premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of
· as the Registrar and Paying Agent, in the City of
· Principal of and premium, if any, and interest on this Bond are
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425702.2 024739 RES
payable in any coin or currency of the United States of America which, on the respective dates of
payment thereof, shall be legal tender for public and private debts.
This Bond is one of an issue of Bonds of like date, denomination and tenor except
as to number, interest rate and maturity, which is issued for the purpose of providing funds to
pay the costs of the acquisition, construction, reconstruction, improvement, extension,
enlargement and equipping of various public improvement projects of and for the City, under
and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth
of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the
Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City
duly adopted and taken under the Public Finance Act of 1991.
The Bonds of the issue of which this Bond is one (or portions thereof in
installments of $5,000) maturing on and after are subject to redemption at
the option of the City prior to their stated maturities, on or after in
whole or in part from time to time on any date, in such order as may be determined by the City
(except that if at any time less than all of the Bonds of a given maturity are called for
redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to
be redeemed shall be selected by lot), upon payment of the following redemption prices
(expressed as a percentage of the principal amount of the Bonds to be redeemed), together with
the interest accrued thereon to the date fixed for the redemption thereof:
Redemption Dates
(Both Dates Inclusive)
Redemption Prices
(Percentages of Principal Amount)
to %
tO
and thereafter
If this Bond is redeemable and this Bond (or any portion of the principal amount
hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof,
specifying the date, number and maturity of this Bond, the date and place or places fixed for its
redemption, the premium, if any, payable upon such redemption, and if less than the entire
principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange
for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in
principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed
not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage
prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept
by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date
fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal
amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal
amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the
accrued interest and premium, if any, payable upon such redemption shall have been duly made
or provided for, interest hereon shall cease to accrue from and after the date so specified for the
redemption hereof.
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Subject to the limitations and upon payment of the charges, if any, provided in the
proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be
exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other
authorized principal amounts and of the same issue, interest rate and maturity. This Bond is
transferable by the Registered Owner hereof, in person or by his attorney duly authorized in
writing, on the books of registry kept by the Registrar for such purpose at the office of the
Registrar but only in the manner, subject to the limitations and upon payment of the charges, if
any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one,
and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of
authorized denominations and of the same aggregate principal amount, issue, interest rate and
maturity as the Bond surrendered, will be issued to the transferee in exchange hemfor.
This Bond shall not be valid or obligatory unless the certificate of authentication
hereon shall have been manually signed by the Registrar.
The full faith and credit of the City are irrevocably pledged to the punctual
payment of the principal of and premium, if any, and interest on this Bond as the same become
due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be
authorized and required to levy and collect annually, at the same time and in the same manner as
other taxes of the City are assessed, levied and collected, a tax upon all property within the City,
over and above all other taxes, authorized or limited by law and without limitation as to rate or
amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the
extent other funds of the City are not lawfully available and appropriated for such purpose.
It is certified, recited and declared that all acts, conditions and things required to
exist, happen or be performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and manner as required by law, and that
the amount of this Bond, together with all other indebtedness of the City does not exceed any
limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of
Virginia or the Charter of the City.
IN WITNESS WHEREOF, the City has caused this Bond to be executed by the
manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate
seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City
Clerk; and this Bond to be dated as of the day of ,200_.
CITY OF ROANOKE, VIRGINIA
[SE,~L]
Attest:
Mayor
City Clerk
City Treasurer
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425702.2 024739 RES
CERTIFICATE OF AUTHENTICATION
proceedings.
This Bond is one of the Bonds delivered pursuant to the within-mentioned
[ ], as Registrar
By:
Authorized Signatory
Date of Authentication:
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(Please print or type name and address, including postal zip code of Transferee)
PLEASE INSERT SOCIAL SECURITY
OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE:
the within Bond and all rights thereunder, hereby irrevocably constituting and appointing
· Attorney, to transfer such Bond
on the books kept for the registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member firm of The New York Stock
Exchange, Inc. or a commercial bank or trust
company.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the face of this Bond
in every particular, without alteration,
enlargement or any change whatsoever.
A-4
425702.2 024739 RES
JESSE A. HALL
Director of Finance
email: jessehall@¢i roanoke.va us
June 16, 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
eraail: ann_sharper ~ci.r oanok¢.va.u s
The Honorable Ralph K. Smith, Mayor
The Honorable Nelson C. 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:
Subject:
Authorization of Issuance of Debt - Civic Center Phase II
Improvements, Patrick Henry High School
Background:
Civic Center Phase II Improvements:
The City's Capital Improvement Program includes a project for Civic Center
Improvements - Phase II. This project, currently under design, includes construction of
a new exhibit hall, a new kitchen, new locker/training facilities, storage rooms and other
renovations to existing buildings and is budgeted at nearly $15 million. Funding for this
project will be provided by the issuance of $14.3 million of Series 2003 general
obligation public improvement bonds as well as CMERP (capital maintenance
equipment replacement program) funding and retained earnings of the Civic Facilities
Fund. City Council adopted a resolution of intent on November 19, 2001, for the City to
reimburse itself from the proceeds of general obligation bonds to be issued for this
project.
In order to proceed with planning associated with the fall issuance of bonds related to
this project, approval of the bond issuance is needed.
Patrick Henry Hiqh School Improvements:
On May 8, 2003, City Council was briefed by the Assistant Superintendent for
Operations regarding the project scope and timeframe for the Patrick Henry High
School project. The project plan includes the replacement of all present buildings,
except Gibboney Hall, which will house the library, fine arts, cafeteria, and gym under
Honorable Mayorand Members of Council
June 16,2003
Page 2
one roof, and a new athletic field and track. The high school construction is scheduled
to begin in June 2004 with the new buildings to be completed in December 2005 and
the fields and grounds construction to be completed in June 2006.
The Patrick Henry High School project has a total budget of $38 million to be shared by
the City and the Schools. The City's share of $19 million is to be funded by the Series
2005 General Obligation Bonds. A Literary Loan of $7.5 million and a Virginia Public
School Authority Bond of $11.5 million are planned to fund the School's share. The
budget includes architectural and engineering fees of $2.75 million, construction costs
of $32.25 million and furniture and equipment costs of $3 million. At its June 10, 2003
meeting, the School Board adopted a resolution authorizing issuance of $38 million to
fund public school capital improvements.
From the total budget for the Patrick Henry High School renovation, funding of
approximately $2.2 million will be required between now and June 2004 to cover
architectural and engineering expenses related to this project. The City's share of this
cost, $1.1 million, will be provided through the issuance of the Series 2005 General
Obligation Bonds. Such funding may be appropriated at this time in anticipation of
issuance of the bonds to provide for architectural and engineering needs through June
2004.
Recommendation:
City Council hold a public hearing regarding the issuance of $52.3 million general
obligation public improvement bonds to fund the Phase II Civic Center Improvements
and public school capital improvements.
Following the public hearing, City Council adopt a resolution to authorize issuance of
$52.3 million in general obligation bonds. This resolution will also authorize the Director
of Finance and the City Manager to award the winning bid and to affix the interest rates
to be borne by the bonds. Additionally, this resolution includes language which declares
the City's intent to reimburse itself from the issuance of the bond proceeds authorized
by this resolution.
City Council appropriate $1.1 million of Series 2005 bond funds to account 031-065-
6066-6896-9137 for architectural and engineering fees related to the Patrick Henry High
School project.
Respectfully submitted,
Darlene L. Burnham
City Manager
Jesse A. Hall
Director of Finance
Honorable Mayorand Members of Council
June 16,2003
Page 3
DLB/JAH/tcl
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
E. Wayne Harris, Superintendent of City Schools
Ann H. Shawver, Deputy Director of Finance
Barry L. Key, Director of Management and Budget
Wilhemina Boyd, Director of Civic Facilities
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
02141305 PH - Bonds
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~nia. Sworn and subscribed before me this
day of June 2003. Witness my hand and
official seal.} f
~_&_~_~__. ~ Notary Public
PUBLISHED ON: 06/02 06/09
TOTAL COST: 404.80
FILED ON: 06/09/03
Authorized ~ n ,~ f-- ! '
S ignature:__~~_~_~_/_~F~~___, Bill- ~ ~ lng Services Representative
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of
Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public
hearing on Monday, June 16, 2003, at 7:00 P.M., local time, in the Council Chamber, Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed
adoption by the Council of a resolution authorizing the City to contract a debt and to issue
general obligation public improvement bonds of the City (and in anticipation of the issuance
thereof general obligation public improvement bond anticipation notes of the City) in the
principal amount of $52,300,000 for the purpose of providing funds to pay the costs of the
acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of
various public improvement projects of and for the City for the purposes and in the amounts set
forth below; provided that, if any purpose set forth below shall require less than the entire
respective amount so set forth, the difference may be applied to any of the other purposes so set
forth:
Purpose Amount
Civic Center Capital Improvements
Public School Capital Improvements
$14,300,000
38,000,000
$52,300,000
The members of public are invited to attend the public hearing and to appear and
present their views on the proposed resolution.
The full text of the proposed resolution is on file in the office of the City Clerk,
Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
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, June 12, 2003.
GIVEN under my hand this 30th day of 1flay ,2003.
MARY F. PARKER
City Clerk
City of Roanoke, Virginia
425688.1 024739 NTC
Notice to Publisher:
Publish in the Roanoke Times once on Monday, June 2, 2003, and once on Monday, June 9, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
MARY F. PARKER, CMC
City
CITY OF ROANOIO*,
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
June 18,2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
File #79
Wilburn C. Dibling, Jr., Attorney
Gentry, Locke, Rakes & Moore
P. O. Box 40013
Roanoke, Virginia 24022-0013
Dear Mr. Dibling:
I am enclosing two certified copies of Ordinance No. 36402-061603 exempting from real
estate and personal property taxation certain property of the Presbyterian Community
Center, Inc., and PCC Land Company, L.L.C., located in the City of Roanoke,
organizations devoted exclusively to charitable or benevolent purposes on a non-profit
basis; effective July 1, 2003; and dispensing with the second reading by title of the
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Please note that the abovereferenced ordinance must be executed by an authorized agent
of the applicant and filed in the City Clerk's Office no later than June 30, 2003.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pc:
Mr. Bruce Stockburger, Attorney, 10 Franklin Road, S. E., Roanoke, Virginia 24011
The Honorable Sherman A. Holland, Commissioner of Revenue
The Honorable David C. Anderson, City Treasurer
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director, Real Estate Valuation
Elizabeth A. Neu, Director, Economic Development
Barry L. Key, Director, Office of Management and Budget
HSAgenda.O3\June 16, 2003 correspondence (PH's).wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 30,2003
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Sherman A. Holland
Commissioner of Revenue
Roanoke, Virginia
The Honorable David C. Anderson
City Treasurer
Roanoke, Virginia
Gentlemen:
I am attaching an executed copy of Resolution No. 36402-061603, with regard to
exempting from real estate and personal property taxation certain property of the
Presbyterian Community Center, Inc., and PCC Land Co., L.L.C., located at 1228 Jamison
Avenue, S. E.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Patricia Dillard, Executive Director/President, Presbyterian Community Center and
PCC Land Co., LLC, 1228 Jamison Avenue, S. E., Roanoke, Virginia 24013
Wilburn C. Dibling, Jr., Attorney, Gentry, Locke, Rakes & Moore, P. O. Box 40013,
Roanoke, Virginia 24022-0013
Bruce Stockburger, Attorney, 10 Franklin Road, S. E., Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director, Real Estate Valuation
Elizabeth A. Neu, Director, Economic Development
Barry L. Key, Director, Office of Management and Budget
H:\Public Hearings.03\Presbyterian Community Center. Transmittal of signed tax-exempt measure.wpd
iI PCC
PRESBYTERIAN COMMUNITY CENTER
1228 Jamison Avenue, SE
Roanoke, VA 24013
Phone: 540.982.2911
Fax: 540.342.3568
{2:~'i'~ !2:L~.?.~:, ~{~ d~"~ C2~ PBi~i~cse@roanoke.irffi.net
Website:www. pccse.org
June 24, 2003
Mary F. Parker, Clerk
City of Roanoke
Office of City Clerk
Room 456
215 Church Ave SW
Roanoke, VA 24011-1536
Re: Certified Copy of Ordinance No. 36402-061603
Presbyterian Community Center and PCC Land Co., LLC
Dear Ms. Parker,
Enclosed please find a certified copy of the above ordinance that I have signed.
Thank you so very much for your assistance in this request.
Sincerely,
Patricia Dillard, Executive Director/President
Presbyterian Community Center and PCC Land Co., LLC
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June~ 2003.
No. 36402-061603.
AN ORDINANCE exempting from real estate and personal property taxation certain
property of the Presbyterian Community Center, Inc., and PCC Land Company, L.L.C.,
located in the City of Roanoke, organizations devoted exclusively to charitable or benevolent
purposes on a non-profit basis; providing for an effective date; and dispensing with the
second reading by title of this ordinance.
WHEREAS, the Presbyterian Community Center, Inc., and PCC Land Company,
L.L.C., (hereinafter collectively "the Applicant"), has petitioned this Council to exempt
certain real and personal property of the Applicant from taxation pursuant to Article X,
Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard with
respect to the Applicant's petition was held by Council on June 16, 2003;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia
(1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map Nos. 4120520 and 4120524, less any portions of which are leased to other
entities, commonly known as 1228 Jamison Avenue, S.E., (the "Property"), and owned by the
Applicant, and providing that the Property shall be used by the Applicant exclusively for
charitable or benevolent purposes on a non-profit basis;
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant
has voluntarily agreed to pay each year a service charge in an amount equal to twenty pement
(20%) of the City of Roanoke's real estate tax levy, which would be applicable to the
Property were the Property not exempt from such taxation, for so long as the Property is
exempted from such taxation; and
WHEREAS, the Applicant owns two motor vehicles, upon which no personal property
taxes have been assessed.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council classifies and designates Presbyterian Community Center, Inc., and
PCC Land Company, L.L.C., as a charitable or benevolent organization within the context of
Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real
estate taxation certain real estate, including the land and any building located thereon,
identified by Roanoke City Tax Map Nos. 4120520 and 412524, less any portions of which
are leased to other entities, commonly known as 1228 Jamison Avenue, S.E., and owned by
the Applicant, which property is used exclusively for charitable or benevolent purposes on a
non-profit basis; continuance of this exemption shall be contingent on the continued use of
the property in accordance with the purposes which the Applicant has designated in this
Ordinance.
2.
In consideration of Council's adoption of this Ordinance, the Applicant agrees
to pay to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which
H :hMEASURES\O-PresbyterianCommurdtyCenter, Inc(TaxExemption)61603.doc
would be applicable to the Property, were the Property not exempt from such taxation, for so
long as the Property is exempted from such taxation.
3. The personal property of the Applicant is hereby exempted from personal
property taxation by the City.
4. This Ordinance shall be in full force and effect on July 1,2003, if by such time
a copy, duly executed by an authorized officer of the Applicant, has been filed with the City
Clerk.
5. The City Clerk is directed to forward an attested copy of this Ordinance, after it
is properly executed by the Applicant, to the Commissioner of the Revenue and the City
Treasurer for purposes of assessment and collection, respectively, of the service charge
established by this Ordinance, and to Patricia Dillard, President of the Presbyterian
Community Center, Inc., and the authorized agent of the PCC Land Company, L.L.C.
6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
ACCEPTED, AGREED TO AND EXECUTED by Presbyterian Community Center,
Inc., this ~29t day of (/~4~t_ ,2003.
PRESBYTERIAN COMMUNITY CENTER, INC.
President
H:WIEA SURES\O-PresbyterianCommuaityCenter, Inc(TaxExempt/on)61603.doc
ACCEPTED~AGREED TO AND EXECUTED by PCC Land Company, L.L.C., this
day of t~--,..~....- ,2003.
PCC LAND COMPANY, L.L.C.
H:'xMEASURES\O-PresbyterianCommunityCenter, lnc(TaxExemption)61603.doc
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36402-061603.
AN ORDINANCE exempting from real estate and personal property taxation certain
property of the Presbyterian Community Center, Inc., and PCC Land Company, L.L.C.,
located in the City of Roanoke, organizations devoted exclusively to charitable or benevolent
purposes on a non-profit basis; providing for an effective date; and dispensing with the
second reading by title of this ordinance.
WHEREAS, the Presbyterian Community Center, Inc., and PCC Land Company,
L.L.C., (hereinafter collectively "the Applicant"), has petitioned this Council to exempt
certain real and personal property of the Applicant from taxation pursuant to Article X,
Section 6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an opportunity to be heard with'
respect to the Applicant's petition was held by Council on June 16, 2003;
WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia
(1950), as amended, have been examined and considered by the Council;
WHEREAS, the Applicant agrees that the real property to be exempt from taxation is
certain real estate, including the land and any building located thereon, identified by Roanoke
City Tax Map Nos. 4120520 and 4120524, less any portions of which are leased to other
entities, commonly known as 1228 Jamison Avenue, S.E., (the "Property"), and owned by the
Applicant, and providing that the Property shall be used by the Applicant exclusively for
charitable or benevolent purposes on a non-profit basis;
WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant
has voluntarily agreed to pay each year a service charge in an amount equal to twenty pement
(20%) of the City of Roanoke's real estate tax levy, which would be applicable to the
Property were the Property not exempt from such taxation, for so long as the Property is
exempted from such taxation; and
WHEREAS, the Applicant owns two motor vehicles, upon which no personal property
taxes have been assessed.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Council classifies and designates Presbyterian Community Center, Inc., and
PCC Land Company, L.L.C., as a charitable or benevolent organization within the context of
Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real
estate taxation certain real estate, including the land and any building located thereon,
identified by Roanoke City Tax Map Nos. 4120520 and 412524, less any portions of which
are leased to other entities, commonly known as 1228 Jamison Avenue, S.E., and owned by
the Applicant, which property is used exclusively for charitable or benevolent purposes on a
non-profit basis; continuance of this exemption shall be contingent on the continued use of
the property in accordance with the purposes which the Applicant has designated in this
Ordinance.
2.
In consideration of Council's adoption of this Ordinance, the Applicant agrees
to pay to the City of Roanoke on or before October 5 of each year a service charge in an
amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy which
H:WIEASURES\O-PresbyterianCommunityCenter, Inc(TaxExemption)61603.doc
would be applicable to the Property, were the Property not exempt from such taxation, for so
long as the Property is exempted from such taxation.
3. The personal property of the Applicant is hereby exempted from personal
property taxation by the City.
4. This Ordinance shall be in full force and effect on July 1,2003, if by such time
a copy, duly executed by an authorized officer of the Applicant, has been filed with the City
Clerk.
5. The City Clerk is directed to forward an attested copy of this Ordinance, after it
is properly executed by the Applicant, to the Commissioner of the Revenue and the City
Treasurer for purposes of assessment and collection, respectively, of the service charge
es{ablished by this Ordinance, and to Patricia Dillard, President of the Presbyterian
Community Center, Inc., and the authorized agent of the PCC Land Company, L.L.C.
6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
ACCEPTED, AGREED TO AND EXECUTED by Presbyterian Community Center,
Inc., this __ day of ,2003.
PRESBYTERIAN COMMUNITY CENTER, INC.
By (SEAL)
President
H:hMEA SURE S\O-PresbyterianCommunityCenter, Inc(TaxExemption)61603.doc
ACCEPTED, AGREED TO AND EXECUTED by PCC Land Company, L.L.C., this
day of ., 2003.
PCC LAND COMPANY, L.L.C.
Bx .(SEAL)
Title:
H:WIEA SURES\O-PresbyterianCommunityCent er, Inc(TaxExemption)61603.doc
CITY OF ROANOKE
OFHCE 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
June 16, 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:
Tax Exemption Request -
Presbyterian Community
Center, Inc., and PCC
Land Company, LLC
Dear Mayor Smith and Members of City Council:
Background:
The PCC Land Company, LLC owns the property known as Tax Map #s 4120520
and 4120524, both located at 1228 Jamison Avenue, SE, Roanoke. This property
houses the Presbyterian Community Center, which is operated by the
Presbyterian Community Center, Inc., a religious association conducted not for
profit and the sole member of the PCC Land Company, LLC. The Center
provides emergency economic assistance of food, utilities, rent, and prescriptions
to Iow-income families, and educational programs to at-risk youth in Southeast
Roanoke, Virginia. Annual taxes due for Fiscal Year 2003/2004 are $3,333.54
on an assessed value of $90,200 for the land and $185,300 for the building. The
Center also owns two motor vehicles (both vans), and requests that these be
exempt from personal property taxation. The annual taxes due for these two
vehicles are $300.15 on an assessed value of $8,770.
Honorable Mayor and Members of Council
June 16, 2003
Page 2
Considerations:
On May 19, 2003, City Council approved a revised policy and procedure in
connection with requests from non-profit organizations for tax exemption of
certain property in the City by Resolution 36331-051903, adopting the revised
Process for Determination of Property Tax Exemption dated May 19, 2003, with
an effective date of January 1,2003. The Presbyterian Community Center, Inc.
and PCC Land Company, LLC have provided the necessary information required
as a result of the adjustments made to our revised local policy prior to the
deadline of June 1,2003. The property located at 1228 Jamison Avenue, SE,
Roanoke, is titled in the name of the PCC Land Company, LCC; however, the
Presbyterian Community Center, Inc. acts as the holding company. Since the
PCC Land Company, LLC, does not exist from an income tax standpoint, and the
PCC Land Company, LLC is a single member LLC, in which the Presbyterian
Community Center, Inc. is and will always be the only member, the tax
exemption with respect to the property located at 1228 Jamison Avenue, SE,
Roanoke, should be granted to both the Presbyterian Community Center, Inc.
and the PCC Land Company, LLC. The Presbyterian Community Center, Inc.
and the PCC Land Company, LLC do not seek tax exemption for a portion of Tax
Map # 4120520, which is leased to other entities.
According to the Commissioner of the Revenue's Office, the loss of revenue to
the City will be $1,603.04 after a twenty percent service charge is levied by the
City in lieu of real estate taxes. This service charge will be $400.72. The
Presbyterian Community Center, Inc. and the PCC Land Company, LLC will
continue to pay taxes in the amount of $1,329.78 on the portion of Tax Map
#4120520 which is leased to other entities. The two vans for which personal
property tax exemption is being requested are owned by the Center, as listed in
Attachment B, and are currently designated exempt from taxation. Therefore, the
City is currently foregoing $300.15 in annual personal property taxes.
Commissioner of Revenue, Sherman Holland, has determined the organization is
currently not exempt from paying real estate taxes by classification or
designation under the Code of Virginia. The IRS recognizes it as a 501 (c) 3 tax-
exempt organization.
Notification of a public hearing to be held June 16, 2003, was duly advertised in
the Roanoke Times.
Honorable Mayorand Members of Council
June 16,2003
Page 2
Recommended Action:
Authorize the Presbyterian Community Center, Inc., and PCC Land Company,
LLC exemption from real estate and personal property taxation pursuant to
Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1,2003, if
the organizations agree to pay the subject service charge by that date.
DLB/vst
Respectfully submitted,
Darlene L. Burcham
City Manager
Attachments
C~
Honorable Sherman A. Holland, Commissioner of Revenue
Honorable David C. Anderson, City Treasurer
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director of Real Estate Valuation
Elizabeth A. Neu, Director of Economic Development
Barry L. Key, Director of Management and Budget
Ms. Patricia Dillard, Executive Director, Presbyterian
Community Center, Inc., 1228 Jamison Avenue, SE
CM03-00122
Direct Dial: (540) 983-9370
will_dibling~gento, Iocke.com
GENTRY LOCKE
RAKES & MCE)RE
A Limited Liability Partnership
June 2, 2003
:RECE!VED~
I JUN022003I
' P, IIY MANAGER'S OFFICEI
I0 Franklin Road SE
Post Office Box 400[ 3
Roanoke, Virginia 24022 0013
www gentrylocke corn
Honorable Mayor and Members of City Council
Roanoke, Virginia
Re;
Petition for Tax Exemption of Presbyterian Community Center, Inc. and PCC
Land Company, LLC
Dear Mayor Smith and Council Members:
We represent Presbyterian Community Center, Inc. and PCC Land Company, LLC, and we are
pleased to enclose a Petition for Tax Exemption on behalf of these two organizations that are
dedicated to providing charitable assistance to low income families and at-risk youth in
Southeast Roanoke. We believe that we have complied with the City's newly adopted policies
and procedures with respect to tax exemptions. Should there, however, be any questions, please
contact us.
WCDjr/bd
Enclosures
CC:
Darlene Burcham
William M. Hackworth
Patricia Dillard
Very truly yours,
GENTRY LOCKE RAKES & MOORE
w
8502/1/1015769.1
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY
PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF
VIRGiNIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF
ROANOKE:
la.
Your Petitioners, Presbyterian Community Center, Inc. and PCC Land Company,
LLC, Virginia, non-stock, not for profit corporations own certain real property,
located at (see Exhibit A attached), in the City of Roanoke, Virginia, which
properties are City of Roanoke Tax Map ID #s 4120520 and 4120524, with a total
assessed value of $152,100 and $115,100, respectively, and a total of $1,840.40
and $1,392.70, respectively, in real property taxes that were paid or would have
been paid in the most recent year, desire to be organizations designated pursuant
to the provisions of Sec. 58.1-3651, of the Code of Virginia, as amended, in order
that the referenced real properties, to be used exclusively for charitable and
benevolent purposes in providing emergency economic assistance of food,
utilities, rent, and prescriptions to low-income families, and educational programs
to at-risk youth in Southeast Roanoke, Virginia, be exempt from taxation under
the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long
as your Petitioners are operated not for profit and the properties so exempted are
used in accordance with the purpose for which the Petitioners are classified.
lb.
Your Petitioner, Presbyterian Community Center, Inc., a Virginia non-stock, not
for profit corporation owns certain personal property located at (see Exhibit B
attached), in the City of Roanoke, Virginia, with a total assessed value of
$ and a total of $ in personal property taxes that were
paid or would have been paid in the most recent year, desires to be an
organization designated pursuant to the provisions of Sec. 58.1-3651, of the Code
of Virginia, as amended, in order that the referenced personal property, to be used
exclusively for charitable and benevolent purposes in transporting youth to and
from field trips only, all other personal property used exclusively to conduct
business for the public good, be exempt from taxation under the provisions of
Article X, Section 6(a)(6) of the Constitution of Virginia so long as your
Petitioner is operated not for profit and the property so exempted is used in
accordance with the purpose for which the Petitioner is classified.
Your Petitioner agrees to pay the City of Roanoke, an annual service charge in an amount
equal to twenty percent (20%) of the City of Roanoke tax levy, which would be
applicable to this real estate, were our organization to not be tax exempt, for as long as
this exemption continues.
8502/2/1015239.1
Your Petitioner, if located within a service district, agrees to pay the City of Roanoke an
annual service charge equal to the additional service district tax that would be levied for
as long as this exemption continues.
Your Petitioner agrees to provide information to the Director of Real Estate Valuation
upon request to allow a triennial review of the tax exempt status of your Petitioner.
The following questions are submitted for consideration:
(Q): Whether the organization is exempt from taxation pursuant to Section 501(c)
of the Internal Revenue Code of 1954.
(A): Your Petitioner was granted exemption from taxation pursuant to Section
501 (c) of the Internal Revenue Code of 1954 on July 23, 1992.
(Q): Whether a current alcoholic beverage license for serving alcoholic beverages
has been issued by the Alcoholic Beverage Control Board to such organization for
use on such property.
(A): No.
(Q): Whether any director, officer or employee of the organization has been paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer or employee
actually renders.
(A): No. Pro-bono Directors.
(Q): 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.
(A): No part of the net earnings of the organization inures to the benefit of any
individual.
Total unrestricted receipts in 2002 - $294,909;
Total restricted - $91,548;
Total Fed. (CDBG) grants - $50,000;
Contribution in kind of Food Value - $112,825;
FEMA - $10,023.
5. (Q): Whether the organization provides services for the common good of the
public.
(A): Your Petitioner provides services for the common good of the public in as
much as it provides emergency economic services of food, rent, utilities and
prescriptions to low-income families in Southeast Roanoke, and after-school
education programs for at-risk youth of Southeast Roanoke.
8502~/1015239.1
(Q): 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.
(A): No.
(Q): Whether any rule, regulation, policy or practice of the organization
discriminates on the basis of religious conviction, race, color, sex or national
origin.
(A): No.
(Q): Whether there is a significant revenue impact to the locality and its
taxpayers of exempting the property.
(A): No.
(Q): Any other criteria, facts and circumstances, which the governing body
deems pertinent to the adoption of such ordinance.
(A): Value of educational programs for youth - $140,800;
Financial assistance to 1,226 Roanoke City families valued at $110,064;
Food orders - 2,102 valued at $94,941 - Roanoke City residents only.
Note: A copy of this Petition is being delivered this day to the City Manager of the City
of Roanoke, Virginia.
THEREFORE, your Petitioner, Presbyterian Community Center, Inc., respectfully
requests to the Council of the City of Roanoke that this real or personal property, or both,
of your Petitioner be designated exempt from taxation so long as your Petitioner is
operated not for profit and the property so exempt is used for the charitable purposes of
providing emergency, economic assistance of food, utilities, rent, prescriptions to low-
income families, and educational programs for at-risk youth in Southeast Roanoke.
Respectfully submitting this
~,~ day of June, 2003.
President
8502/2/1015239.1
EXHIBIT A
REAL ESTATE IDENTIFICATION
ASSESSMENT AND TAXES PAID
STREET ADDRESS
1228 Jamison Ave., S.E.
1228 Jamison Ave., S.E.
TAX MAP NO.
4120520
4120524
ASSESSMENTFOR
MOST RECENT
TAX YEAR
TAXES PAID FOR
MOST RECENT
TAX YEAR
$ 152,100 $ 1,840.40
115,100 1,392.70
Petitioners do not seek tax exemption for a portion of T~x Map. No. 4120520 which is leased to
other entities.
8502/2/1015350. I
EXHIBIT B
PERSONAL PROPERTY
PRESBYTERIAN COMMUNITY CENTER
~/28/2003
1997 Plymouth 7 passenger van ID# 1P4GP44R5VB428910
1986 Dodge RAM 15 passenger van ID# 2B5WB31WOGK574592
The organization has purchased decals for the two vans, but has
not been assessed personal property taxes.
8502/2/1015351.1
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
JOYCE, JAMES
PO BOX 40013
GENTRY LOCKE RAKES &
ROANOKE VA 24022
REFERENCE: 80072607
02146687
Pres. Community Ctr.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vir.gi~ia. Sworn and subscribed before me this
_J~__~___day of June 2003. Witness my hand and
My ion expires ------~--~;-
y/c mi ____fi .... .... .
PUBLISHED ON: 06/10
TOTAL COST:
FILED ON:
149.50
06/10/03
#ONCE Of PUBLIC #L4RING
Authorized ~/% ~- '
S~gnature _
B~iI~ng Services Representative
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of Roanoke will hold a public heating
at its regular meeting to be held on June 16, 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 on the question of adoption of an ordinance pursuant to {}58.1-3651, Code of Virginia
(1950), as amended, approving the request of the Presbyterian Community Center, Inc., and PCC
Land Company, Inc., for designation of its real and personal property, at 1228 Jamison Avenue,
S.E., to be exempted from taxation.
The total assessed value of the applicants' real estate for tax year 2003/2004 is $267,200,
with a total real estate tax assessment of $3,232.70 due for the 2003/2004 tax year. The loss of
revenue will be $2,596.16 annually after a 20% service charge is levied in lieu of real estate taxes.
The assessed value of the applicants' personal property, consisting of two vehicles, is
unknown.
Citizens shall have the opportunity to be heard and express their opinions on this matter.
If you are a person with a disability who needs accommodations for this public hearing,
contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, June 12, 2003.
GIVEN under my hand this 6th day of June ,2003.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Tuesday, June 10, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Wilbum C. Dibling, Jr., Esquire
Gentry, Locke, Rakes & Moore
P.O. Box 40013
Roanoke, Virginia 24022-0013
(540) 983-9370
Attorneys at Law
540.983,9500
Facsimile 540.983,9400
Direct Dial: (540) 983-9370
wilLdibling~gentrylock¢,com
GENTRY LOCKE
RAKES & MCDRE
A Limited Liability Partnership
June 2, 2003
10 Franklin Road, SE
Post Office Box 40013
Roanoke, VJr~in[a 24022 0013
www gentrylocke corn
Honorable Mayor and Members of City Council
Roanoke, Virginia
Re:
Petition for Tax Exemption of Presbyterian Community Center, Inc. and PCC
Land Company, LLC
Dear Mayor Smith and Council Members:
We represent Presbyterian Community Center, Inc. and PCC Land Company, LLC, and we are
pleased to enclose a Petition for Tax Exemption on behalf of these two organizations that are
dedicated to providing charitable assistance to low income families and at-risk youth in
Southeast Roanoke. We believe that we have complied with the City's newly adopted policies
and procedures with respect to tax exemptions. Should there, however, be any questions, please
contact us.
WCDjr/bd
Enclosures
CC:
Darlene Burcham
William M. Hackworth
Patricia Dillard
Very truly yours,
GENTRY LOCKE RAKES & MOORE
z
8502/1/1015769.1
Department of Management and Budget
May 20, 2003
Mr. Wilburn C, Dibling, Jr.
Gentry Locke Rakes & Moore
10 Franklin Road, S.E.
Roanoke, VA 24022-0013
Re:
Tax Exempt Request
Dear Mr. Dibling:
I am in receipt of your letter dated April 22, 2003, regarding the matter of properly tax exemption
for Presbyterian Community Center, Inc. (Center) and PCC Land Company, LLC (Land Company).
On May 19, 2003, City Council adopted a new policy implementing procedures by which real
property tax exemptions are granted.
As a result, revisions were made to the application forms. Enclosed is a copy of the new policy,
the ordinance, and the application form that need to be completed and returned to the City Clerk's
Office by June 1,2003.
If you have any questions regarding the enclosed, do not hesitate to call me 853-6403. Thank you
for your cooperation.
Sincerely,
Vickie S. Tregubov
BudgetJManagement Analyst
Cc;
Ms. Pat Dillard, Executive Director, Presbyterian Community Center, Inc.
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Barry L. Key, Director of Management and Budget
Room 354 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (540) 853-6800
WILLIAM M. HACKWORTH
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE: 540-853-2431
FAX: 540-853-122 I
EMAIL: ciiyaity~ci roanoke va us
June 16, 2003
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
HEATHER P. FERGUSON
ASSISTANT CITY ATTOPJ~EYS
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Presbyterian Community Center
Dear Mayor Smith and Members of Council:
The application filed by the Presbyterian Community Center, Inc., (the "Center") and
PCC Land Company, L.L.C. ("L.L.C.") for tax exemption of the real and personal property used
to operate the Presbyterian Community Center has raised some new and novel issues. The
Center has operated the Presbyterian Community Center at property it formerly leased at 1228
Jamison Avenue, S. E., for many years. Recently, the Center purchased the property, but it did
so through a limited liability corporation that it formed, with the Center as the sole member of
the L.L.C. I am told this was done to provide limited liability protection to the Center. (We
have received a similar petition, still being processed, fi.om the owners of Brandon Oaks, who
have created two such LLC's to own its property).
The Center is a corporation, and has been exempted from Federal income tax under
§501(a) of the Internal Revenue Code as an organization described in §501(c)(3). It apparently
owns two vans used by the Center, but the recently purchased real estate is owned by the L.L.C.
The petition filed by the Center and the L.L.C. is a joint one, requesting that the property
that they own, either directly or indirectly, be made tax exempt. In this regard, I asked Will
Dibling, counsel for the applicants, for additional information on the relationship of the two
entities, and his letter of June 4, 2003, is attached for your information.
As it is the actual use of the property which determines whether or not it is eligible for tax
· exemption (and not the Federal tax status of the organization which owns the property), in this
instance it doesn't appear improper to declare the property of the Center (which is a "holding"
· type company) exempt, even though title to it is vested in its wholly-owned subsidiary. The
Attorney General, in fact, has previously opined that an organization need not own legal title to a
property in order for it to qualify for real estate tax exemption for such property, so long as the
property is controlled by the organization and used by it for purposes which qualify for an
exemption. 1991 Va. Op. Atty. Gen. 303.
The Honorable Mayor and Members
Of City Council
June 16, 2003
Page 2
As noted in the Center's petition, a part of its property is leased out to other entities, and
is ineligible for tax exemption.
I have prepared the ordinance for Council to authorize the tax exemption sought so that
both the Center and the LLC will execute it, agreeing to pay to the City the service charge
required by Council's policy.
Please let me know if you have any questions about this matter.
With kindest personal regards, I am
Sincerely yours,
William M. Hackworth
City Attomey
WMH:f
Enclosure
cc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Department of Management and Budget
H:\COUNCIL\l-hmtaxexemptpresbyterian061603.1 .doc
Direct Dial: (540) 983-9370
will_dibling~gentrylock¢.com
GENTRY LOCKE
RAKES & MODRE
A Limited Liability Partnership
June 4, 2003
10 Franklin Road, S E
Post office Box 40013
Roanoke Virginia 24022 0013
William M. Hackworth
City Attorney
City of Roanoke
464 Municipal Building
215 Church Avenue
Roanoke, VA 24011
Re: Presbyterian Community Center, Inc. and PCC Land Company, LLC
Dear Bill:
This is in response to your letter of June 3, 2003, in which you raised several questions with
respect to the application of Presbyterian Community Center, Inc. ("Center") and PCC Land
Company, LLC ("Company"), by which the Center and the Company seek exemption of their
real and personal property from taxation. The application was filed on June 2, 2003.
Before addressing your specific questions, let us provide you with some background information.
The Center was incorporated effective January 7, 1992. We are enclosing a copy of the Articles
of Incorporation of the Center and call your particular attention to the third article which
describes the Christian ministry of the Center and its charitable, religious and educational
purposes. The Internal Revenue Service determined by letter of July 23, 1992, a copy of which
is also enclosed for your reference, that the Center is exempt from federal income tax under §
501 (a) of the Internal Revenue Code as an organization described in § 501 (c)(3).
The Center is a religious association conducted not for profit but exclusively as a charity. Its
specific mission is to provide emergency economic assistance of food, utilities, rent and
prescriptions to low-income families. The Center also provides educational programs for at-risk
youth. During the last calendar year, the Center provided financial assistance in the amount of
$110,064 to 1,226 Roanoke City families. In addition, the Center provided food orders valued at
$94,941 to 2,102 Roanoke City residents. Educational programs for youth valued at $140,800
were also provided.
The Company was granted a Certificate of Organization by the State Corporation Commission
effective November 25, 2002. We are enclosing a copy of the Operating Agreement of the
8502/2/1016762.1
GENTRY LOCKE
RAKES & MOORE
William M. Hackworth
June 4, 2003
Page 2
Company, dated December 11, 2002, for your review. As you can see, the Center is the sole
member of the Company. The business and affairs of the Company are managed and controlled
by the Center and agents or employees appointed, or hired by the Center. Thc Operating
Agreement further provides that no additional members of the Company shall be admitted at any
time and that the Center will always be the only member of the Company.
Until recently, the Center leased the property that it occupies at 1228 Jamison Avenue, S.E., in
the City. The Center was recently presented with the opportunity to purchase the property, and
the Company was formed to provide limited liability protection to the Center as to its real estate
holdings. The property at 1228 Jamison Avenue, S.E. was thereafter acquired in the name of the
Company. As the sole member of the Company, the Center acts as a holding company. The
Company does not have its own tax identification number. All items of income and expense will
be reported on the Center's tax return. From an income tax standpoint, therefore, thc Company,
as a separate entity, does not exist.
Your first specific question related to ownership of the property at 1228 Jamison Avenue, S.E.
(Official Tax Map Nos. 4120520 and 4120524). The property is titled in the name of the
Company; however, because the Company does not exist for tax purposes, and the Company is a
single member LLC of which the Center is and will always be the only member, we are of the
opinion that tax exemption with respect to the two properties should be granted to the Company.
As to your question conceming the lease of a portion of Official Tax Map No. 4120520, tax
exemption is being requested only for that portion of the property that is being used solely and
exclusively for the Center's charitable purposes. Tax exemption is not being requested for the
leased portion of Official Tax Map No. 4120520. We would suggest that the tax exemption
should be granted for those portions of Official Tax Map No. 4120520 that are being used solely
and exclusively for the charitable purposes of the Center. The Commissioner of Revenue can
thereafter determine what portion of the property should be subject to taxation.
As to the two vans for which personal property tax exemption is requested, these two vehicles
are titled in the name of the Center. The Center has always purchased City decals for the two
vans, but no personal property taxes have ever been assessed against them. Therefore, we are
unable to answer the question on the City's form as to assessed value.
With respect to the authority of Ms. Dillard to sign the Petition, she is the president of the
Center, and, because the Center is the sole member of the Company, she is also authorized to
sign the Petition on behalf of the Company as well as the Center.
Should Mr. Holland determine that the Center and the Company are exempt from property
taxation by classification pursuant to Va. Code Ann. § 58.1-3606.A.5. and issue a letter to this
8502~/1016762.1
GENTRY LOCKE
RAKES & MOORE
William M. Hackworth
June 4, 2003
Page 3
effect, this would obviate the need for the Center and the Company to seek tax exemption by
designation of City Council.
We trust that this letter responds fully to your questions. Please do not hesitate to contact us if
you have additional questions.
With kindest personal regards, I am
Sincerely yours,
GENTRY IvO/CKE RAKES & MOORE
/
Wilburn C. Dibling, Jr.
WCDjr:wgb
Enclosures
CC~
The Honorable Sherman Holland,
Commissioner of Revenue
Patricia Dillard
Bruce C. Stockburger, Esquire
8502/2/1016762.1
ARTICLES OF INCORPORATION
OF
THE PRESBYTERIAN COMMUNITY CENTER,
INC.
I hereby form a nonstock not-for-profit corporation without
members under the provisions of Chapter 10 of Title 13.1 of the
(1950), as amended, and to that end set forth
Code of Virginia
the following:
FIRST: The name of the Corporation is The Presbyterian
Community Center, Inc.
SECOND: The Corporation shall not have me~kbers.
THIRD: The Corporation is organized for the purpose of:
(a) serving as a Christian ministry which attempts, through the
exercise of Christian love and compassion, to lift or ease the
burden of those human beings who cannot help themselves; and (b)
receiving, maintaining and administering assets in perpetuity
exclusively for charitable, religious and educational purposes
and to use and apply the whole or any part of the income and
principal therefrom for such purposes either directly or by
contributions to other organizations.
FOURTH: The Corporation shall have and exercise all powers
and authorities now or hereafter conferred upon nonstock
corporations under the laws of the Commonwealth of Virginia.
However, no part of the net earnings of the Corporation shall
inure to the benefit of or be distributable to any incorporator,
trustee or director or officer of the Corporation or any private
individual, except that the Corporation shall be authorized and
empowered to pay reasonable compensation to any of the foregoing
persons for goods sold or services rendered and to make payments
and distributions in furtherance of the purposes of the
Corporation.
FIFTH:
of twelve (12)
shall be fixed by the Bylaws and shall be not less than nine (9)
The initial Board of Directors shall be comprised
persons. Thereafter, the number of Directors
and not more than eighteen (18). The Directors shall be divided
into three classes A, B and C, as nearly equal in number as
possible.
The initial term of office for Directors in classes A, B
and C shall expire at the first, second, and third annual
meetings of Directors, respectively, upon the election of their
respective successors. At each annual meeting of Directors
beginning with the first annual meeting of Directors, Directors
for the class whose term then expires shall be elected for a
term of office to expire upon election of their respective
successors at the third succeeding annual meeting of Directors
after such election. In the event of any increase or decrease
in the number of Directors fixed by the Bylaws of the
Corporation, all classes of Directors shall be increased or
decreased as equally as possible.
SIXTH: In the event of dissolution of the Corporation, and
after all liabilities of the Corporation have been paid,
satisfied and discharged or adequate provisions made therefor,
all remaining assets shall be distributed to one or more
organizations that are organized and operated pursuant to
2
Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended, or the corresponding provisions of any subsequent
federal tax law.
SEVENTH: The post office address of the initial registered
office of the Corporation shall be at the law offices of Gentry
Locke Rakes & Moore, 800 Crestar Plaza, Post Office Box 1018, in
the City of Roanoke, Virginia 24005, and its initial Registered
Agent at such address is Bruce C. Stockburger, who is a resident
of Virginia, and a member of the Virginia State Bar.
EIGHTH: Any person who is a party or is threatened to be
made a party to any threatened, pending or completed action,
suit or proceeding, whether civil, criminal, administrative or
investigative, by reason of the fact that he is or was a
director or executive officer of the Corporation, or is or was
so serving with respect to another corporation, partnership,
enterprise at the request of the
joint venture, trust or other
Corporation, shall be
liability, costs and
reasonable attorneys,
applicable law.
Corporation against
but not limited to,
extent permitted by
indemnified by the
expenses (including,
fees) to the full
The Corporation may, but shall not be required to,
indemnify any and all other officers, employees, or agents of
the Corporation to the same extent as directors and executive
officers.
NINTH: Except in the case of willful misconduct or a
knowing violation of criminal law or of any federal or state
3
securities law, no officer or director of the Corporation shall
be liable for damages in any amount whatsoever in any proceeding
brought by or in the right of the Corporation.
/8500/8502/1/060.aoi 4
INTERNAL REVENUE SERVI
DISTRICT DIRECTOR
31 HOPKINS PLAZA
BALTIHBRE, HO 21201
Bate: JUL ~ 3 1992
THE PRESBYTERIAN CONNUNIIY CENTER
INC
C/O PAT DILLARD
1228 JANISON AVENUE SE
ROANOKE, VA ZqO13
D, ~TMENT OF THE TREASURY
Employer Iderltifioatior, Numberl
54-1610899
Contact Person~
T FARR
Contact Telephone Nmmber:
(410) 962-9431
Accounting Period Ending:
December 31
Foundation Status Classification|
509(a)(1)
Advance Rolio~ Period Begins:
January 7, 1992
Advance Rulir, 9 Period Endsl
December 31, 1996
Addendum Applies:
YES
Bear Applicant:
Based on information vow supplied, and assuming your operations will be as
stated in your application for recognition of exemption, we have determined vow
are exempt from federal income tax coder section 501(a) of the Internal Revenue
Code as er, organization described in section 501(c)(3),
final determination of your foundation status under section 509{a) of the Code,
supported organization described ir, sections 509(a)(1) and 170(b)(1)(A)(vi),
Accordingly, during ar, advance ruling period VOL, will be treated as a
publielo supported organization, and not as a private foundation, This advance
folio9 period begins and ends on the dates shown above,
Within 90 days after the end of your advar, ce rolin~ period, yon must
send us the information needed to determine whether yon have met the regoire-
merits of the applicable sopport test dorir,9 the mdvance folio9 period~ If yon
establish that you have been a poblielv sopported organization~ we will classi-
fy yon as a section 509(a)(1) or 509(a)(2) organization as long as you continue
to meet the reguirements of the applicable sopport test, I~ you do not meet
the public support regoirements doting the advance folio9 period, we will
classifv you as a private foundation for [mtore periods, Also, if we classify
you as a private foundation, we will treat yon as a private foundation from
your beginning dmte for purposes of section 507(d) and ~940,
Grantors and contributors ~av relv on our determination that you are not
private foundation ontil 90 days after the end of voor advance ruling period,
If you send os the re%,ired information ~ithin the 90 days, ~rantors and
contributors may continue to rely on the advance deter~,ination onti! we make
Letter lOgS(DO/CD)
THE FREaE,~TER]A~ COHHIJNZT¥ CEHTEF:
e finer determination of uour foundation status,
If we publish a notice in the Internal Revenue Bulletin statin~ that me
will no longer treat you as a publiciv supported organization, grantors and
contributors may not rely or, this determination after the date we publish the
notice, In addition, if you lose your status as a publicly supported organi-
zation, and a grantor or contributor was responsible for, or was aware of, the
act or failure to act, that resulted in your loss of such status, that persor,
may not rely on this deter:,ination from the date of the act or failure to act,
Also, if e grantor or contributor learned that we had given notice that you
would be removed from classification as a publicly supported organization~ then
that person may not rely on this determination as of the date he or she
acquired such knowledge.
tf
of ope.re
document
Also, le
you change your sources of sopport, your purposes, character, or method
tion, please let us know so we can consider the effect of the chan~e or~
mpt status and foundation status, If you amend your organizational
or bviaws, please send us a copy of the amended document cc bvlaws,
t us knom ell changes in your name or address,
As of January 1, i989, you are liable for social securities taxes under
the Federal Insurance Contributions Act on e~ounts of $100 or more you pay to
each of your employees durio~ a calendar year, You are not liable for the tax
imposed under the Federal Umemplovmeot Tax Act (FUTA),
Organizations that are not private foundations are not subject to the pri-
vate foundation excise taxes oode~ Chapter ~2 of the Internal Revenue Code,
However, you are not automatically exempt from other federal excise taxes, If
you have any questions about excise, employment, or other [ederal taxes, plemse
let os know,
Our, ors may deduct contributions to you as provided in section 170 of the
Internal Revenue Code, Beguests, legacies, devises, transfers, or ~ifts to you
or for your use are deductible for Federal estate amd 9irt tax purposes i¢ they
meet the applicable provisions of sections 2055, 2106, and 252Z of the Code.
Donors may deduct contributions to uno only lo the extent that their
contributions are gifts, with no consideration received, Ticket purchases and
sim~lar payments ir, coniunctior, with fuodraising events may not necessarily
~ualify as deductible contributions, dependin2 or, the circumstances, Revenue
Ruling 67-2~6~ published in Cumulative Bulletin 1967-2, on pane 104, gives
~uidelines regardin9 when taxpayers may deduct payments for admission to, or
other participetion in, fuodraising activities for charity,
You ere not required to file Form 990, Return of Organizatior, Exeo, pt F~o~,
Income Tax, if ¥oer gross receipts each veer are normally $25,000 or less, If
yOU receive a Form ?~0 package ir, the mail, simply attach the label provided,
cheek the box ir, the heading to indicate that your anneal 9ross receipts are
normally $25,000 or less, and si~n the return.
Letter IO~5(DO/CG)
THE PRESBYTERIAN COMMUNITY CENTER
If you are required to file a return you most file it bv the 15th day of
the fifth month after the end of your, annual ;ccoonting_ . period, We charge a
penalty of $10 a day when a return is filed late, unless there is reasonable
cause for the delay, However, the maximum penalty we charge cannot exceed
$5,000 or 5 percent of veer gross receipts for the year, whichever is less. We
mmy also charge this penalty if a return is not complete, So, plemse be sure
your return is complete befo. re you file it,
You are not required to f
subiect to the tax on vnrelate
If you are s,~bject to this tax
9?O-T, Exempt Organization Bus
not determinin~ whether any of
lated trade or business as daf
ilo federal income tax ~etupns unless you
d business income under section 511 of the Code,
, you must file an income tax return on Form
loess Income lax Return, In this letter ~e are
your present o~ proposed activities mre
ined in section 513 of the Code,
You need an employer identification number even if ¥o,~ have no employees,
If an employer identification number was not entered on your application, we
will assign a number to you and advise you of it, Please use that nwber on
all returns you file and in mll correspondence with the Internal Revenue
Service,
If we said in the heading of this letter that ar, addend,Jm applies, the
addendum enclosed is on integral part of this letter,
Because this letter could help us resolve any questions about your exempt
status mod foundation status, you should keep it in your permanent records,
If ~oo have any questions, please contact the porsom whose name and
telephone number are shown ir, the heading of this letter,
Sincerely yours,
Enclosm)re(s)~
Addendom
Form 872-C
Letter iOq5(DO/CG)
-~-
THE PRESBYTERIAN COMMUNITY RENTER
You are required to eake available for public inspection a copy of ¥oor
exemption application, and supportirJ~ documents, and this exemptior,
make a copy of the return available for public inspection for three years after
the return is due, Failure to make these documents available for public
inspection ,,ay subject you to a penalty of $10 per day for emch day there is a
failore to comply (,~p to a maximue of $5,000 in the case of er, mnnmal return),
See Internml Revenue Service Notice 88-120, 1988-Z C~8, ~5~, for additional
informatiom,
G,Jidelines under which private foundations may rely on this
determination, for sifts, ~rants, and contributions made after March 13, 1989,
were libel'alized and published in Rev~ Proc, 89-23, Cumulative Bulletin 1787-~,
pa~e 844,
Letter iO~5(DO/CG)
STATE CORPORATION COMMISSION
q?~chmoncr, ,.TVovem~er 25, 2002
Chis is to certify that the certificate of organization of
PCC LAND COMPANY, L.L.C.
was this day issued ancr admittecr to recorcr in this office and that
the said £imitecr £ia6ifi'ty company is authorized to transact its
6usiness subject to a££ Virginia raws appFica6Fe to the company
ancrits 6usiness. Effective crate: ,2Vovem6er 25, 2002
State Corporation Commission
~qttest:
CIS0313
OPERATING AGREEMENT
OF
PCC LAND COMPANY, L.L.C.
THiS OPERATING AGREEMENT is dated as of December l't/~, 2002, and is by the
Presbyterian Community Center, Inc., the sole member of PCC LAND COMPANY, L.L.C.
(Capitalized terms used in the following recitals and not defined therein shall have the meaning
set forth in Article I hereof).
ARTICLE I.
DEFINITIONS
The following terms used in this Agreement shall have the following meanings (unless
otherwise provided herein):
"Articles of Organization." The Articles of Organization of the Company as filed with
the Virginia State Corporation Commission, as the same may be amended from time to time.
"Agreement." This Operating Agreement, as amended from time to time in accordance
with its terms.
"Company." "PCC LAND COMPANY, L.L.C.", a Virginia limited liability company.
"Entity." Any general partnership, limited partnership, limited liability company,
corporation, joint venture, trust, business trust, cooperative or association or any foreign trust or
foreign business organization.
"Virginia Act." The Virginia Limited Liability Company Act at Va. Code §13.1-1000, et
seq.
"Member." Presbyterian Community Center, Inc., or any substitute member permitted
under Section 7.1 below.
"Person." Any individual or Entity, and the heirs, executors, administrators, legal
representatives, successors, and assigns of such "Person" where the context so permits.
ARTICLE II.
FORMATION OF THE COMPANY
2.1 Formation. On November 25, 2002, the Company was organized as a Virginia
limited liability company by executing and delivering Articles of Organization to the Virginia
State Corporation Commission for filing in accordance with the provisions of the Virginia Act.
2.2 Name. The name of the company is PCC LAND COMPANY, L.L.C.
2.3 Principal Place of Business. The principal place of business of the Company
within the state of Virginia is 1228 Jamison Ave., SE, Roanoke, VA 24013. The Company may
{ W:\transact\8502\l \00918766. DOC }
locate its places of business and registered office at any other place or places as the Member may
from time to time deem advisable.
2.4 Registered Office and Registered Agent. The Company's initial registered office
shall be at the law offices of Gentry Locke Rakes & Moore, 800 Crestar Plaza, 10 Franklin Road,
S.E., Post Office Box 40013, in the City of Roanoke, Virginia, and its initial registered agent at
such address is Bruce C. Stockburger, Esq. who is a resident of Virginia and a member of the
Virginia State Bar. The Company registered office or registered agent may be changed at any
time by the Member by filing the address of the new registered office and/or the name of the new
registered agent with the Virginia State Corporation Commission pursuant to the Virginia Act
and the applicable rules promulgated thereunder.
2.5 Term. The Company shall continue in existence perpetually unless and until the
Member determines to dissolve the Company and have its affairs wound up. The Member may
terminate this Agreement and dissolve the Company at any time. The Company shall not be
dissolved unless and until so determined by the Member.
ARTICLE III.
BUSINESS OF COMPANY
3.1 Permitted Businesses. The business of the Company shall be:
(a) To engage in any business, activity or to exercise all other powers
necessary to or reasonably connected with the Company's business that may be exercised legally
by limited liability companies under the Virginia Act; and
(b) To engage in all activities necessary, customary, convenient, or incident to
any of the foregoing.
ARTICLE IV.
MEMBER
4.1 Name of Member. Presbyterian Community Center, Inc., shall be the sole
Member of the Company.
ARTICLE V.
MANAGEMENT AND ADMINISTRATION OF BUSINESS
5.1 Management of LLC. The business and affairs of the LLC shall be managed and
controlled by the Member and agents or employees appointed or hired by the Member.
ARTICLE VI.
CAPITAL CONTRIBUTIONS
6.1 Capital contributions shall be made in such amounts and in such form as the
Member shall determine. The Member shall not be obligated to make any additional capital
contribution to the Company.
{ W:\transact\8502\ 1 \00918766.DOC }
2
ARTICLE VII.
NO ADDITIONAL MEMBERS
7.1 Additional members of the Company shall not be admitted at any time, it being
intended that the Company shall at all times have only one Member, provided, however, that any
transferee of the Member's interest shall be admitted as a substitute Member without need for
approval or consent from any Person.
ARTICLE VIII.
DISTRIBUTIONS
8.1 Subject to the requirements of applicable law, distributions shall be made to the
Member at such time and in such amount as the Member may determine in its sole and absolute
discretion. Distributions may be in cash or in securities or other instruments held by the
Company.
ARTICLE IX.
LIMITED LIABILITY OF MEMBER
9.1 The Member in its capacity as a Member shall not be liable for any debts,
obligations or liabilities of the Company.
ARTICLE X.
AMENDMENTS
10.1 The Member may amend this Agreement at any time by written instrument signed
by the Member and filed with the books and records of the Company without need for agreement
by any other Person.
ARTICLE XI.
TAXATION
11.1 The Company intends that solely for federal and state income tax purposes it will
not be treated as a separate entity but, instead, all income tax matters will be reported directly by
the Member.
ARTICLE XII.
MISCELLANEOUS
12.1 Severabilit¥. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
12.2 Captions. All captions used in this Agreement are for convenience only and shall
not affect the meaning or construction of any provision hereof
{ W:\transact\8502\l\00918766.DOC }
3
12.3 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
12.4 Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the Member and her successors and assigns.
12.5 Waivers. The failure of any party to seek redress for violation of or to insist upon
the strict performance of any covenant or condition of this Agreement shall not prevent a
subsequent act, which would ha~e originally constituted a violation, from having the effect of an
original violation.
12.6 No Third Party Beneficiary. This Agreement is made solely and specifically for
the benefit of the party hereto, and its respective successors and assigns (subject to the express
provisions hereof relating to successors and assigns) and no other person or party whatsoever
shall have any rights, interest or claims hereunder or be entitled to any benefits under or on
account of this Agreement as a third party beneficiary.
12.7 Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original but all of which shall constitute one and the same instrument.
12.8 Entire Agreement. This instrument contains all of the understandings and
agreements of whatever kind and nature existing between the parties hereto with respect to this
Agreement and the rights, interests, understandings, agreements and obligations of the respective
parties pertaining to the continuing operations of the Company.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first above written.
SOLE MEMBER:
PRESB~Y-TERIAN COMM ,U~Y CENTER, INC.
Its:
{ W:\transact\8502\l\00918766 DOC }
4
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I-I 536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
June 23,2003
File #165-200
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robed B. Manetta, Chair
City Planning Commission
2831Stephenson Avenue, S.W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
I am attaching copy of Ordinance No. 36405-061603 approving the Hurt Park/Mountain
ViewNVest End Neighborhood Plan, and amending Vision 2001 - 2020, the City's
Comprehensive Plan, to include the Hurt Park/Mountain View/VVest End Neighborhood
Plan; and dispensing with the second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Mr. Jimmy Cook, Hurt Park Alliance, 1814 Salem Avenue, S. W., Roanoke, Virginia
24016
Mr. Bob Crawford, Mountain View Neighborhood Alliance, 6620 Shingle Ridge
Road, S. W., Roanoke, Virginia 24018
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
H:~Aaenda.03\June 16, 2003 corresoondenceee.wpd
iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGiNIA,
The 16th day of June, 2003.
No. 36405-061603.
AN ORDiNANCE approving the Hurt Park/Mountain View/West End Neighborhood
Plan, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Hurt
Park/Mountain View/West End Neighborhood Plan; and dispensing with the second reading
by title of this ordinance.
WHEREAS, the Hurt Park/Mountain View/West End Neighborhood Plan (the "Plan")
was presented to the Planning Commission;
WHEREAS, the Planning Commission held a public hearing on May 15, 2003, and
recommended adoption of the Plan and amending Vision 2001 - 2020, the City's
Comprehensive Plan (the "Comprehensive Plan"), to include such Plan; and
WHEREAS, in accordance with the provisions of {}15.2-2204, Code of Virginia
(1950), as amended, a public hearing was held before this Council on Monday, June 16,
2003, on the proposed Plan, at which hearing all citizens so desiring were given an
opportunity to be heard and to present their views on such amendment.
THEREFORE, BE IT ORDAiNED by the Council of the City of Roanoke as follows:
1. That this Council hereby approves the Hurt Park/Mountain View/West End
Neighborhood Plan and amends Vision 2001 - 2020, the City's Comprehensive Plan, to
include the Hurt Park/Mountain View/West End Neighborhood Plan as an element thereof.
H:/0RDINANCES/0 HURTPARKMTVIEWWESTENIXROANOKEVISION)061603 DOC
2. That the City Clerk is directed to forthwith transmit attested copies of this
ordinance to the City Planning Commission.
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.
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 2401 I
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: ptanning~ei.roanoke.va.us
June 16,2003
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 of Vision 2001-2020 to include the Hurt Park/Mountain
View/West End Neighborhood Plan
Planning Commission Action:
Planning Commission public hearing was held on Thursday, May 15, 2003. By a
vote of 5-0 (Mr. Chrisman absent), the Commission recommended adoption of the Hurt
Park/Mountain View/West End Neighborhood Plan as a component of Vision 2001.
2020, the City's comprehensive plan.
Background:
The subject neighborhood plan comprises three neighborhoods west of
downtown ~ Hurt Park, Mountain View and West End. Hurt Park is one of the City's
designated conservation districts, and has been selected by City Council as one of six
potential revitalization areas for the allocation of Community Development Block Grant
(CDBG) funds. Hurt Park and Mountain View both contain areas that are in the City's
H-2, Neighborhood Preservation District. These three neighborhoods were once
primarily residential, but now have industrial and commercial development on their
edges.
Collectively, these neighborhoods are bounded by the Norfolk Southern Railroad
tracks to the north and northwest, the Roanoke River to the south and southwest,
between Campbell and Luck Avenues to the southeast, and 5th Street to the east.
Several public workshops were held with the neighborhood by Planning Building
1
and Development staff and the Police Department in late 2002 and the spring of 2003.
Various other City staff attended these meetings and staff worked closely with the Hurt
Park Neighborhood Alliance throughout the process.
Staff presented the future land use map for the plan in detail. Mr. Williams
questioned the "commercial transition area" category, which was proposed in an area
adjacent to 10t~ Street, to which staff explained that this was an industrial area that
would be better suited for commercial uses. Mr. Williams then asked staff why the area
should not just be labeled 'commercial.' Staff replied that the purpose of the future land
use map is to provide a reference point for future zoning and land use decisions, rather
than assign a zoning designation to each area.
Considerations:
In the planning process, residents and staff identified the following major issues
facing the neighborhood:
· The lack of buffering between residential and industrial sites.
· Incompatible infill housing.
· A lack of young homeowners.
Recurring property maintenance code violations.
· Lack of quality commercial development.
· Streets that are not designed in a manner conducive to
neighborhood/community development.
To address these issues, the plan features five priority recommendations:
Zoning:
Amend the zoning ordinance to ensure that new residential development is
compatible with existing structures in terms of setbacks and lot coverage and to
maximize the development potential of vacant properties and structures.
· Limit the conversion of single-family homes.
Housin.q:
· Establish this plan as a framework for more specific revitalization plans, to be
considered in future allocations of Community Development Block Grant (CDBG)
and HOPE VI funds. Particular emphasis should be placed on infill development,
the rehabilitation of substandard structures, historic tax credit opportunities and
adherence to the guidelines of the H-2 Historic District, and initiatives to increase
homeownership.
· Insure that new grant funded housing development adheres to the design
guidelines of Vision 2001-2020.
2
Economic Development:
· Apply for the reinstatement of State Enterprise Zone One in 2004.
· Consider allocating CDBG and HOPE VI funds for small business development or
revitalization.
Code Enforcement:
· Continue to target the neighborhood for all code violations and maintain the rental
inspection program on designated properties.
Infrastructure:
· Improve streetscapes, specifically as outlined below:
1) Establish traffic calming measures as the standard for all street improvements,
and discourage further widening of all streets.
2) Restore access of 10th Street at Norfolk and Rorer Avenues.
3) Incorporate alternative transportation corridors for pedestrian and bicycle usage.
4) Provide infill and repair of sidewalks and curb and gutter where needed, and
improve areas with storm water management problems.
5) Improve the appearance and functionality of gateways at the intersection of
Campbell and Patterson Avenues, the northern end of 10th Street, 13th Street at
the Memorial Bridge, and the intersection of Boulevard and Patterson Avenues.
6) Place a welcome sign for the H-2 Historic District on Patterson Avenue and
denote the historic district atop street signs where applicable.
Consider allocating future CDBG funds for streetscape improvements.
The five priority recommendations address the most prominent issues in the
neighborhood, but are not comprehensive. The plan contains a number of other action
items. Vision 2001-2020, the City's comprehensive plan, provided the framework for
the plan. The policies and actions of the plan are consistent with those in Vision 2001 -
2020.
Recommendation:
By a vote of 5-0, the Planning Commission recommended adoption of the Hurt
Park/Mountain ViewNVest End Neighborhood Plan as a component of Vision 2001-
2020, the City's comprehensive plan.
attachment
CC:
Respectfully submitted,
Robert B. Manetta, Chairman
Roanoke City Planning Commission
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Hurt Park/Mountain
View/West End
DRAFTNEIGHBORH;OOD
PLAN
ROANOKE
VIRGINIA
Contents:
Introduction 1
The Neighborhoods 5
Community Design 7
Residential Development 16
Economic Development 19
Infrastructure 24
Public Services 35
Quality of Life 37
Recommendations 39
hnplementafion 46
Acknowledgments 49
vision
May 15, 2003
Planning Building & Development
Introduction
The neighborhoods of Hurt Park, Mountain View and West End are contiguous to
one another and blend together seamlessly, yet each is distinct and maintains its
own sense of identity. While the City's overall growth and development impacts
each of these neighborhoods, at the same time each evolves in its own manner and
timeframe.
This area is part of the early urban fabric of the City. Collectively, the
neighborhood is bound by the Norfolk Southem railroad tracks to the north and
northwest, the Roanoke River to the south and southwest, between Campbell and
Luck Avenues to the southeast, and 5th Street to the east. Hurt Park, Mountain
View and West End feature traditional urban housing, a public housing complex,
and corridors of commercial and industrial development. Owing to the history of
development along rivers and railroad corridors, much of its residential core is
bound by industrial development.
Particularly in Hurt Park and West End, the original housing developments
were large, mansion-like homes built for railroad executives around the tum of the
20th Century. Most of the houses in Mountain View date to the early 20th
Century as well. The history of the area and its traditional urban character make
it ideal for revitalization and improved linkage to downtown and the neighbor-
hoods surrounding it.
This neighborhood plan is a component of Vision 2001-2020, the City's 20-
year comprehensive plan. Vision2OO1-202Orecom-
mends the creation of neighborhood plans to provide a
more detailed study of neighborhoods and better
5 guidance in decisions affecting them.
Planning staff studied current neighborhood
~'\,~ conditions, with particular emphasis on land use
,,,~ patterns, housing, and infrastructure needs. Residents
were involved through tours and a series of workshops.
Major issues identified through the process include
attracting more homeowners, improving the area's
appearance, infrastructure improvements, and zoning
changes that would encourage the development of
vacant lots and rehabilitation of substandard struc-
/ tures.
f~c~ The plan makes recommendations for neighbor-
hood improvement and development. Most recommen-
dations are for action over a 5-year period. However,
3~t3'[J ,.[113 some recommendations are longer term.
High priority initiatives
The plan proposes six priority initiatives:
Zoning:
· Amend the zoning ordinance to ensure that new residential development is
compatible with existing structures in ten,as of setbacks and lot coverage,
and to maximize the development potential of vacant properties and struc-
tures.
Limit the conversion of single-family homes by special exception permit.
Housing:
Establish this plan as a fi'amework for mom specific revitalization plans, to
be considered in future allocations of Community Development Block
Grant (CDBG) and HOPE VI funds. Particular emphasis should be placed
on inflll development, the rehabilitation of substandard structures, historic
tax credit opporttmities and adherence to the guidelines oftbe H-2 Historic
District, and initiatives to increase homeownership.
Insure that new grant funded housing development adheres to the design
guidelines of Vision 2001-2020.
Economic Development:
· Apply for the reinstatement of State Enterprise Zone One in 2004.
Consider allocating CDBG and HOPE V1 funds for small business develop-
ment or revitalization.
Code Enforcement:
· Continue to target the neighborhood for all code violations and maintain the
rental inspection program on designated properties.
2
Infrastructure:
· Improve streetscapes specifically as outlined below:
1) Establish traffic calming measures as the standard for all street
improve ments, and discourage further widening of all streets.
2) Restore access of 10th Street at Norfolk and Rorer Avenues.
3) Incorporate alternative transportation con'idors for
pedeslrian and bicycle usage.
4) Provide infill and repair of sidewalks and curb and gutter where needed,
and improve areas with storm water managemem problems.
5) Improve the appearance and functionality ofgateways at the intersection
of Campbell and Patterson Avenues, the northern end of 10th Street,
13th Street at the Memorial Bridge, and the intersection of Boulevard
and Patterson Avenues.
6) Place a welcome sign for the H-2 Historic District on Patterson Avenue
and denote the historic district atop street signs where applicable.
Consider allocating future CDBG funds for streetscape improvements.
3
Plan Elements
The plan addresses the following elements:
Community Design
· Residential Development
· Economic Development
· Infrastructure
· Public Services
· Quality of Life
The Community Design element looks at physical design features and land use
pattems. Residential Development addresses existing and new housing opportuni-
ties. Economic Development deals with commercial and industrial development in
the neighborhood. The Infrastructure plan element evaluates transportation systems
and utility systems such as water, sewer, and storm drainage. The Public Services
element assesses Fire/EMS, police and other city services. Finally, the Quality of
Life element addresses recreational opporttmities, environmental issues, education,
and community development. Each plan element contains information about current
conditions and issues.
4
The Neighborhoods
Population
The population of Hurt Park, Mountain View, and West End has remained steady
with only a slight increase since the 1990 Census. The area experienced substan-
tiai increases in the number of younger and middle age populations, while the
number of younger adults and the elderly decreased. Collectively, this area is one
of the most racially diverse areas in the City. African-Americans are now the
largest racial group making up 52% of the population, while whites account for
41% of the population. The number ofAsians, Latinos, and other races doubled
since the last census and now comprise 3.5% of the population. The 2000 Census
now includes many new categories that account for people of two or more races.
A total of 3.1% of the population fit into this category.
5
Education
This area has a disproportionate mount of the City's low-income residents.
In addition, the education level of adults above the age of 25 is substantially lower
than that of the average City resident of similar age.
Income
Educational Attainment, 25 yearn of age and over, 2000
The concentration of Iow-income households in this area is very high. It has
almost double the percentage of households with incomes below $20,000 in
comparison to the citywide average. This gap disappears in the percentage of
moderate-income households between $20,000 - $34,999, then reappears in the
higher income brackets. One explanation of this trend might be a high percentage
of households with one income in the area.
Household Income 1999
Neighborhood Organizations
The Hurt Park Neighborhood Alliance is a member of the Roanoke Neighborhood
Partnership. The Mountain View Neighborhood Alliance has not been in opera-
tion for several years, but the Mountain View Neighborhood Watch has been
active since 1998.
The Hurt Park Housing Development has a resident council that serves as a
liaison to RRHA staff. The Council is made up ora group of residents elected by
the residents of Hurt Park.
6
Community Design
Physical Layout
Hurt Park, Mountain View and West End lie in the urban core of the City, immedi-
ately west of downtown. This area has for the most part a traditional neighbor-
hood design pattern, yet has changed on its peripheries over the years to accom-
modate industrial and multi-family residential development. One oftbe major
challenges for the neighborhoods will be maintaining an attractive, healthy and
viable residential community that adjoins induslrial and auto oriented commercial
development.
The predominant housing style in the area is the American foursquare. Most
of the homes in the area were constructed with exteriors of brick or wood. The
core of this area, between Campbell and Salem Avenues, is alTanged in a grid
street system with most of the older homes close to the property line (15-25') and
to each other (10-15'). Houses tend to be of similar scale, massing and architec-
ture, and most have front porches. Alleys provide access to parking and rear
yards and garages. A number of properties have retaining walls that border the
sidewalk.
Within the traditional development pattern &the Hurt Park neighborhood is
the H-2 Historic District along beth sides of Patterson Avenue from the middle of
the 1300 block to 19th Street. Most of the houses on this street are large, mansion
tike structures that were originally built for Norfolk and Western executives early
in the 20th Century. On the northern side of the street, some of them still feature
stone retaining walls with steps and walkways from the sidewalk. The lots on
Patterson Avenue are larger than in the rest of the area.
The Hurt Park Housing Development is the only major apartment complex in
the area. It is comprised of 13 buildings spanning three City blocks. Enclosed
courtyards and sidewalks connect all the units. The park and school adjacent to
the development provide green space that is frequently used by children.
Commercial establishments in the areaare well integrated with the neighbor-
hood. Most of the commercial structures are of a similar age to the housing and
some are in poor condition. Several commercial structures are architecturally
compatible with the homes in the area, but there are also several convenience
stores in small, one-story buildings with parking lots in front. The comer of 13th
Street and Patterson Avenue features a mini strip-shopping mall that has a conve-
nience store and take-out seafood restaurant.
The industrial uses along the southem edge oftbe Mountain View neighbor-
hood are naturally buffered from adjoining residencies by terrain and vegetation.
This area is well contained and features heavy manufacturing uses that span
several parcels. The northeastern portion of the area has a stretch of industrial
uses that extend west from downtown. Establishments vary in size; some of them
7
are small and fit into an urban development pattern, while others are situated
across entire blocks. The industrial development at the western end of the area fits
into the character of Shafer~s Crossing, but lacks a transition between it and the
residential core.
Most of the interior residential streets are narrow with two lanes. Exceptions
to this are Patterson Avenue from 13th Street west, Salem Avenue west of 16th
Street, and 10th Street north of Campbell, which are the only four-lane streets in
the area. On-street parking is available on all of the streets. Trees line most of the
east to west streets in the residential areas. Streets in the Mountain View neigh-
borhood have large tree canopies that shade the pavement.
Sidewalks are uniform throughout most of the neighborhood. However,
residents expressed dissatisfaction with some areas that lacked sidewalks or
needed maintenance to the existing network. An attractive feature found in much
of the area is the brick sidewalks, including a stretch of Roanoke's 'starbrick' along
Campbell Avenue in the West End neighborhood.
While people moved from traditional neighborhoods to outlying suburbs
during the last half of the 20th Century, many people are now seeking out these
older neighborhoods for their sense of community, physical attractiveness, and
convenience. As more people begin to reject long commutes, over reliance on the
automobile, and the lack of community that go along with conventional suburban
development, neighborhoods such as Hurt Park, Mountain View and West End are
ripe for revitalization. Fision2OO1-202Opromotesthedevelopmentof"neighbor-
hoods as villages," with a compact urban form accompanied by village center
commercial uses that encourage pedestrian activity and a sense of community.
Promoting the characteristics of traditional neighborhood design that exist in Hurt
Park, Mountain View and West End is key to the revitalization of neighborhoods
throughout the City.
8
Land Use Pa erns
There are currently 1,446 parcels in Hurt Park, Mountain View and West End.
There is a wide array of uses in the area and the zoning reflects such with nine
different classifications.
Industrial zoning and uses are found on the northeastern, and northwestern to
southwestern edges of the area. Residential zoning and uses lie in the center oftbe
area. There are two commercial nodes; an office district on the southeastern edge
of the area along Campbell Avenue, and a small commercial corridor along 13th
Sweet.
The zoning and land use of Hurt Park, Mountain View, and West End can be
summarized in five different areas:
· Industrial corridors: Industrial development borders much of the area, with
dense concentrations in the northeast, west and southwest corners.
Traditional residential development: Through the middle of the neighborhood,
there is a solid core of traditional residential development, some of which
have been maintained as single family and others which have been converted
to multi-family. The primary residential corridor extends from 10th Street in
the east to 21 st Street in the west and from Salem Avenue in the north to
Campbell Avenue to the south.
Hurt Park, Hurt Park Housing Development, and Hurt Park Elementary
School: This concentration of public land lies along Salem Avenue from 15th
to 18th Street, and is the heart of the Hurl Park neighborhood. This area has
more pedestrian and outdoor activity than the rest of the neighborhood.
13th Street Village Center: Along 13th Street bom Cleveland to Pattemon
Avenue, and on Patterson Avenue, from 11 th Street to 14th Street there is a
concentration of neighborhood-oriented commercial development. In addi-
tion, there are several 'pocket' or'come~ commercial establishments scattered
throughout the traditional residential core.
· Office District: Along the Southside of Campbell Avenue from 5th to 10th
Street. The uses in this area are primarily non-profit institutions.
Many of the commercial and industrial buildings were constructed during the
1940's and 1950's. Today, the neighborhood supports a mix of residential,
commercial, and industrial uses.
West End is the least residential of the three neighborhoods. Commercial and
9
Neighborhood
Preservation District
industrial properties are its predominant land use, while most of the housing is
found in a small section in the southwest portion of the neighborhood along
Pattemon, and Campbell Avenues. The majority of the land is zoned LM, Light
Manufacturing.
Hurt Park and Mountain View are similar in their land use and zoning
patterns. Industrial development lies on the northern and southern extremities, with
a mix of single and multi-family residential and neighborhood commercial devel-
opment in the core.
As is the case with many neighborhoods in the City, there is a considerable
amount of land classified as vacant in Hurt Park, Mountain View, and West End.
Most of the vacant parcels are in the LM industrial corridor in the northeast
comer of the area, yet there are also several vacant parcels in residential areas
with infill potential. These parcels may have development potential since many
are only being used for parking and outdoor storage.
All of the LM districts in the area abut RM-2 districts. Although the current
zoning ordinance requires that LM uses abutting residential areas have additional
screening and/or landscaping, many uses are grandfathered and exempt from those
requirements. Creating a better transition between industrial and residential uses
should be addressed in future zoning decisions in the area,
In 1987, the H-2, Neighborhood Preservation District was adopted by City
Council. The district spans over most of Old Southwest and parts of the Munn-
tain View and Hurt Park neighborhoods (see map on page 11). Expansion of the
H-2 District to the east and north of the current line to 5th Street (see the map on
page 9) to include the blocks around the Jefferson Center and former Cotton Mill
in West End is suggested in the Old Southwest Neighborhood Plan. The homes in
the district are ora variety of architectural styles, including Queen Anne, Colonial
Revival, Neoclassical, Bungalow, American Foursquare, Arts and Crafts and
Shingle.
Architectural design guidelines endorsed by City Council and adopted by the
Architectural Review Board (ARB) were established for the H-2 District to assist
property owners in maintaining the historic character of their homes. While the
establishment of the H-2 District has helped preserve some of the historic homes in
Hurt Park and Mountain View, the vast majority of ARB applications are for
properties in Old Southwest. This indicates that rehabilitation of structures in
Hurt Park and Mountain View are much fewer, and possibly that work being done
in the area is not in compliance with the H-2 guidelines.
Overall, for a variety of reasons, there is a lack of involvement from H-2
property owners in the area with regards to the function of the district. As a result
l0
0 t-
O ~
il
Future Land Use
there has been very little progress made towards revitalizing the area.
In addition to the H-2 District, many properties in the area are listed on the
National Register of Historic Places and the Virginia Landmarks Register. Both
of these designations offer tax incentives for the rehabilitation of structures.
Increased awareness of these incentives needs to be achieved through marketing to
propety owners and potential developers who could benefit from them.
The futue land use map will be used to guide zoning and land use decisions in the
area. Due to the prominence of industry in the area, much of the industrial zoning
will remain intact. However, there are several areas where transitions between
industrial and residential or commercial uses need to be established, which are
reflected on the map.
Three transitional areas on the future land use map will be key to the future
zoning of the neighborhood. These areas are:
Campbell and Patterson Avenues between 5th and 10th Streets - the
southem side of Campbell is an office district that reduces in density west of
downtown. Much of the northern side of Campbell and Patterosn Avenues
are currently zoned LM and should be rezoned to conform to the development
pattern of the south side and provide a transition from downtown.
Chapman and CampbellAvenues between 15th and 20th Streets - the
future land use map moves the residential district south to provide a buffer
between homing and the industrial district.
Salem Avenue between 10th and 13th Streets - this area is currently zoned
LM, but is in between commercial and residential disctricts. To make it more
compatible with the neighborhood, this area should incorporate more com-
mercial and less industrial use.
Some of the residential areas need to be protected as much as possible from
further conversions of single-family homes to multifamily. Thus, some areas are
recommended for single-family zoning.
The portion of Patterson Avenue in the H-2 District is proposed for a mix of
office and residential uses. Currently the base zoning of this area is RM-2. By
allowing offices in addition to residential uses, the market will be open to a greater
range of opportunities. Offices usually produce a greater rate of remm than
residential properties, and they are not intrusive upon the residential character of
13
14
15
Residential Development
Some housing in the area has deteriorated and building code enforcement inspec-
tors routinely work in the area in response to substandard conditions and poor
maintenance. Virtually all of the area is within the designated Hurt Park Conser-
vation District.
Most of the residential dwellings in this area were built as single-family units
between 1884 and 1924. Although housing construction thereafter has been
sparse, since 1991 two multi-family buildings and 57 single-family units have
been built. While, the most common housing style is the two-story foursquare,
there are a variety of architectural styles in the area, particularly in the H-2
District along Pattemon Avenue.
While the older housing stock lends a sense of character and history to the
neighborhood, it also requires greater care and maintenance with time. Declining
maintenance and a lower rate of owner occupancy has contributed to a significant
amount of blight and deterioration. This area has an above average number of
both vacant lots and vacant housing units compared with overall city averages.
The area is primarily a renter-dominated market. There are over twice as
many rental units as owner-occupied. However, in recent years the number of
owner-occupied homes has remained relatively constant. Between the 1990 and
2000 Census, owner-occupied homes decreased from 36% to 32% of the total
number of occupied dwellings (See Table 4 below).
The decline in the rate of owner occupancy combined with a slight decline in
the number of single-family housing units shows that the trend toward more rental
and multi-family properties continues. The decrease in overall owner occupancy
is in large part due to the increase of multifamily units, which are by design
usually rental units.
A major factor in the residential makeup of the area has been the conversion
of single-family homes into multi-family structures. With the exception of the
Hurt Park housing development and a few other small apartmen! buildings, the
vast majority of the multi-family housing structures are from conversions of large
single family dwellings rather than from new construction. The same holds tree
for duplexes in the area. Particularly in the neighborhood's core residential streets
- Salem, Rorer, Patterson, and Chapman Avenues - there are few blocks that are
comprised primarily of single-family housing, although the area originally was
developed with single-family homes. Only 32% of the properties within the H-2
District are single-family units.
The newest substantial addition to the residential mix is Hubbell-Wyatt
Commons, developed by Habitat for Humanity. The commons is a development
of owner-occupied single-family detached houses between the 1000 block of
16
Attract:lng New
Homeowners
Design of Inflll
Housing
Norfolk and Jackson Avenues. There are also five Habitat for Humanity single-
family homes on the 1200 block of Cleveland Avenue.
Some residents voiced concern with the appearance and quality of the devel-
opment, noting that the one-story homes are architecturally incompatible with the
traditional homes of the neighborhood. This sentiment was shared with regards to
other infill housing development, in addition to concerns about the general upkeep
of prnperty.
While the rote of owner-occupancy for single-family homes is fairly stable, the
issue most fiequently cited by residents throughout the planning process was the
overall condition and appearance of the neighborhood. Residents stated that the
appearance of the neighborhood could be improved if new homeowners moved in,
and they voiced support for the creation and marketing of housing programs and/
or strategies aimed to increase homeownership. Increased homeownership brings
residual benefits, such as better maintenance of properties, improved aesthetics,
economic stability and reduced crime.
Despite concerns about new housing design, residents voiced support for the
construction of single-family homes in the neighborhood by organizations like
Blue Ridge Housing and Habitat for Humanity, and also stated that the City
should support such organizations.
Another recurring theme related to the appearance and character of the neighbor-
hood is the concern of residents that new infill housing is often out &scale and
character with the surrounding homes. Residents expressed concems with the
general character and quality of new development. The most frequently cited
concems pertained to inconsistent setback patterns (new housing being constructed
further back from the street than the existing houses) and single-story houses being
constructed on streets with mainly two-story homes.
The compatibility of new or converted multi family dwellings in primarily
single-family neighborhoods is also a citywide issue. Such dwellings should
reflect the character of the existing neighborhood. Conversions of single-family
structures to two-family dwellings should maintain the appearance of a single-
family dwelling, especially avoiding changes to the front of the structure.
Residents voiced support for the implementation of the Neighborhood Design
District (NDD) to protect the architectural integrity of the neighborhood. The
NDD is a zoning overlay that regulates the appearance of new infill housing. The
NDD should be established in the area in accord with the boundaries of the
designated Hurt Park Conservation District.
17
Diversity of
Housing
A mixture of income levels helps create healthy, vibrant, and stable neighbor-
hoods. Mixed incomes can be fostered by making a variety of housing options
available, i.e. a mix of single and multi-family units. The area does have a variety
of single-family, duplex and multi-family units, however continued conversion of
former single-family homes into apartments may threaten this balance and the
stability of the neighborhood.
As single-family housing is more likely to be owner-occupied, maintaining a
stable core of single-family units is essential to the long-term health of the area.
Only 417 (32%) of the 1,291 housing units in Hurt Park, Mountain View and
West End are single-family homes.
The permitted residential density of Hurt Park, Mountain View and West End
needs to be examined further in the update of the City's zoning map, based on the
neighborhood's future land use map.
Housing
Maintenance
In the early 1990s the Cily launched NSEP- tion (Neighborhood Stabilization &
Enhancement Program) in the 800 - 1300 blocks of Campbell Avenue. It com-
bined state and federal funds to provide low interest loans to properly owners who
rehabilitated substandard structures. Though the program was discontinued due
to budget cuts, it resulted in noticeable improvements to several houses. Hurt
Park is one of six neighborhoods now eligible for targeting of Community Devel-
opment Block Grant Funds (CDBG).
Housing issues were the most frequently cited problems of residents, particu-
larly the upkeep of property and the quality of landlords and tenants in rental
properties. Many homes have fallen into disrepair or have become vacant. The
City's building code enforcement inspectors have been very active in the area over
the last decade. A total of 118 buildings were either condemned or razed between
July 1992 and July 2001.
While recently the department began cross-training inspectors to cite all code
violations on site - overgrown grass and weeds, inoperable vehicles and zoning
violations - the core of the department's initiative in the area is still building
maintenance. Inspectors administer the Rental Inspection Program (RIP), which
ensures that rental housing units in the City's designated conservation and rehabili-
tation districts are maintained up to code standards.
Many substandard buildings have either been razed or boarded up in the area.
Despite persistent code enforcement efforts, there continues to be problems with
many properties. Many of the property maintenance issues that residents raised
pertained to zoning violations, e.g. outdoor storage, and grandfathered uses they
deemed offensive. Many of these problems will not be easily alleviated. However,
in the future, having cross-trained inspectors in the area and continuing the RIP
will have a positive impact.
18
Economic Development
All three neighborhoods have a considerable amount of industrial and commemial
development. A majority of the pamels in the area are included in the state-
designated Enterprise Zone One district. This enterprise zone will expire after
2003, but the Department of Economic Development is applying to have the area
reestablished. The program is intended to assist new and existing businesses with
a series of tax credits and other incentives for locating in this area and hiring low
to moderate-income workers or Enterprise Zone residents. The Rental Rehabilita-
tion Program provides grants to property owners to rehabilitate substandard
structures and rent to low to moderate-income residents in the Enterprise Zone
area.
Industrial development is primarily on parcels near or bordering the Norfolk
Southern railroad tracks and the Roanoke R/vet. These areas are for the most
part well utilized and house many valuable light and heavy manufacturing uses.
There are pockets of uaderutilized properties, and several abandoned industrial
sites that will require substantial investment to raze or revitalize. The former
Evans Paint factory is perhaps the most extreme case. In other areas, there am
parcels, and in a few cases entire blocks, of unoccupied LM or HM land that
could be redeveloped with minimal investment towards clean~up and site prepara-
tion.
In the West End neighborhood, Campbell Avenue is a dividing line between
the industrial and office districts. North of Campbell Avenue them are several
auto repair and machine shops. Farther north and closer to the railroad tracks
there are several more intensive manufacturing establishments.
The office district along the southern side of Campbell Avenue, roughly
between 5th and 8th Streets, is home to several non-profit organizations. The
Jefferson Center is the focal point of the office district. Future development slated
for this area will enhance the Jefferson Center, and link the area to downtown,
increasing the area's vitality. Two new developments are currently in the planning
stages; a new YMCA facility will be constructed on what is currently a parking lot
at 5th Street and Church Avenue, and plans are in the works for the former Cotton
Mill on Sixth Street to become an artist's studio and residence, and/or a mixed use
development.
The primary commemial corridor in the area is along 13th Street and the
1200 - 1300 blocks of Patterson Avenue. Existing refftl establishments include a
grocery store, two gas stations, several convenience stores and a few restaurants.
Them are also a few automobile service establishments in the area. In addition,
this area is close to downtown, the neighborhood commercial district of Grandin
Village, and the commercial corridor of Melrose Avenue.
19
Industrial
Corridors
Industrial development in Hurt Park, Mountain View and West End comprises a
viable part of the City's tax base. While the Department of Real Estate Valuation
classifies many parcels in the LM and HM districts as vacant, most of these
properties are auxiliary to existing operations and are only classified as such
because they do not have a structure on them or are not the primary parcel ora
given development.
In the northeastern portion of the area, most of the LM zoned parcels are
smaller, reflecting the neighborhood's original residential development pattern.
These smaller parcels have led to likewise small business industrial development,
as they are not large enough for more intensive inrush'iai uses.
Both the HM and LM districts abut RM-2 districts. Residents voiced
dissatisfaction with the lack of buffering in some areas. Many industrial sites in
the northeastern portion of the area have little to no screening from the street and
are exposed to the streets and nearby residents. Rorer Avenue is a transitional
street in this area with residential development alongside industrial uses. In
contrast, the southwestern and westernmost portions of the area are by and large
naturally buffered from most of the adjoining residential properties. However,
some residences on Campbell and Chapman Avenues are exposed to industrial
development.
While manufacturing uses now comprise much tess of the City's employment
and tax base than when the area was initially mzoned, uses that lhll under the
purview of LM and HM zoning comprise roughly 20% of the City's employment,
according to recent Virginia Employment Commission figures. The LM and HM
zoning districts lie alongside the Norfolk Southern railroad tracks on the north and
along the Virginian line on the south. These districts are appropriately located and
are preferable to the higher elevated land in the center of the area. Moreover, as
noted earlier, existing industries in these districts are an important component of
the City's economy.
Residents expressed their desire to at the least halt the expansion ofindusn'ial
uses from encroaching further into residential areas, but would prefer to have
much of the area rezoned for residential use. Redevelopment of industrial and
commercial land is one of the strategic initiatives of Vision 2001-2020. The West
End neighborhood and the HM district along the Roanoke River are listed in
Vision 2001-2020 as development opportunities. As the LM and HM districts are
well established with industrial uses, redevelopment of these sites is essential to the
economic deveinpment of the City. At the same time, the amount of land zoned for
industrial use in the area is sufficient and possibly even unnecessary in a few
transitional areas. Further examination of the zoning in the area wilt be done in
the update of the City's zoning ordinance, based on the future land use map.
20
Village enter
Development
Jefferson
Center/West End
Revitalization
In addition, a possible compromise for areas with such incompatible land-uses
may be an appropriate mix of commercial and industrial uses that will allow for
infill development of the smaller parcels that is less intensive than the current
zoning permits. This strategy is specifically cited for the redevelopment of several
industrial corridors in Vision 2001-2020.
Fision 2001-2020 promotes the village center concept- high-density residential
mixed with commercial uses - as a strategic initiative for development in City
neighborhoods. The Hua Park and Mountain View neighborhoods feature a
village center along 13th Street from Patterson Avenue south to Cleveland Avenue.
This area, which is noted in Hsion 2001-2020 as a "village center for revitaliza-
tion," has several commercial establishments that residents can walk to. However,
residents have' expressed concern with several establishments in the area, noting
improper business practices, alcohol-related offenses, patrons loitering during and
at, er business hours, and the general appearance of some establishments that need
streetscape improvements and building rehabilitation. A major challenge the
neighborhood faces is keeping commercial services while maintaining public
This village center is strategically located. Thirteenth Street is part of US
Route 11 between Campbell Avenue and the Memorial Bridge, and this route is
well traveled by shipping trucks, and local commuters. Thus, the 13th Street
village center has the potential to draw business from cars passing through, and
from local residents who can walk to the location.
Of the commercial services the area lacks, residents expressed the greatest
interest in having a large chain grocery store. However, it should be noted that
residents are close to two of the City's three largest neighborhood grocery stores.
The Say A Lot Supermarket is in the Hurt Park neighborhood on the 1200 block
of Patterson Avenue, and Mick or Mack is just over a half-mile to the south on
Winbome Street in Grandin Village.
In 1997 the Jefferson Center Area Master Plan was adopted by City Council.
More recently, Outlook Roanoke, the City's Downtown plan adopted in 2002,
includes the "Jefferson Center Initiative." This initiative calls for a linkage of the
Jefferson Center area, including the Cotton Mill and the new YMCA, to Old
Southwest and downtown. Such a linkage will be achieved by encouraging an
expansion of the downtown development partem, including residential and live/
work space, and streetscape improvements on those streets that provide linkages.
The Outlook Roanoke plan calls for a parking garage to be provided and for a
small public open space to be located along 5th Street in front of the new YMCA.
21
As previously noted, revitalization of the Jefferson Center is currently under-
way with the recent rezoning for the new YMCA and the Cotton Mill. Crucial to
the success of the area and the Jefferson Center itself, will be the character and
condition of development on the streets surrounding it.
Across from the Jefferson Center, the north side of the 500 block of Cmnpbell
Avenue consists of mainly vacant parcels. The view to the north is thus of the rear
side ofinduslrial buildings on Rorer Avenue. Although the 500 block of Rorer
Avenue is a vibrant small industrial area, the rear of these buildhigs show signs of
neglect and even give the impression that they are vacant. Street front commercial
or office development on the north side of the 500 - 800 blocks of Campbell
Avenue would substantially enhance this area and buffer it from the LM district
that lies to the north.
Likewise, revitalization of Marshall Avenue with infill development on the
500 - 600 blocks is necessary to improve the stability and attractiveness of the
neighborhood. The Old Southwest Neighborhood Plan calls for this to be a
mixed-use area that provides a transition to downtown.
22
Infrastructure
The neighborhood has an interconnected grid system that provides good
vehicular access to its streets and alleys. The main thoroughfares that serve
the neighborhood are Salem, Patterson/Boulevard, and Campbell Avenues,
10th and 13th Streets. Vehicular and pedestrian traffic moves well through the
arterial streets of Campbell, Patterson, and Salem Avenues, 13th, and 10th
Streets. Campbell Avenue from 5th Street to 13th Street runs in a diagonal
direction creating irregularly shaped blocks in West End and the southem
portion of the Mountain View neighborhoods, making it more difficult for
vehicular traffic to circulate.
Most of the main thoroughfares have been identified by the Virginia
Department of Transportation (VDOT) as currently supporting traffic at an
adequate level. A section of Salem Avenue between 10th Street and 15th
Street, 13th Street between Salem and Patterson Avenues, and a section of
Street Level of Service (LOS) Projections, 1990-2015
1990 2000 2015
Street Section
LOS LOS LOS
10th Slreet
C C C
Bridge
Patterson 10th to Ilth C C C
Salem
6th to 10th C C C
Avenue
Campbell Salem to
D D E
Avenue 9th
Salem
10th to 15th D D E
Campbell Patterson to
C C C
Avenue 10th
Salem to
13th Street C C D
Patterson
5th Street Campbell to C/C C/C C/D
Elm
5th Street
D C C
Bridge
Source: Roanoke City lhoroughfare Phn
24
Projected Traffic Counts, 1990-2015
Street Section Avg. Daily Trips Projected Daily
(1990-92) Trips (2015)
Memoml Avenue S Memora[ Br~ge to 15022 15900
Campbell
7700
13th Street Campbell to Paterson 5778
5500
13th Street Patterson to Salem Avenue 5778
5500
Salem Avenoe 2nd to 9th 5210
8898
Salem Avenue 9th to 13th 7997
4600
Campbell Avenue 13th to 7th 4877
7100
Campbell Avenue 7th to 3rd 8509
Norfolk Avenue Campbell to 14th 9143
Patterson Avenue 13th to Campbell 7263 6600
10200
Patterson Avenue Boulevard to 13th 9683
7900
5th Street Elm to Salem A~nue 6178
14600
5th Street Salem Avenue to Moorrmm 9504
12400
10th Street Campbe8 to Gllmer 8859
15600
24th Street Patterson to Salem Avenue 17720
15600
24th Street Salem Avenue to Baker 15143
11200
Patterson Avenue Boulevard to Bridge Street 7670
Mm Vew Terrace to 4700
Bridge Street Patterson unava~able
Source: Roanoke Valley Area Long Range Trar~qporlat~on P/an, 1995-2015
25
Gateways
Streetscapes
CampbellAvenue between 9th Street and Salem Avenue are forecasted to exceed
their intended capacities by 2015. VDOT rates streets and intersections with
Level of Service (LOS) ratings from A-F. A LOS rating of C is generally consid-
ered standard, meaning that a given street is experiencing an optimal rate of travel.
For urban areas, a LOS of D is considered sufficient. LOS ratings of E and F
denote streets that are experiencing mom traffic than their designed usage.
Beautification of the gateways into the area would enhance the neighborhood's
image and help in calming traffic. None of the neighborhoods has a welcome sign,
as seen in the gateways of other City neighborhoods. The main gateways are 13th
Street on the south, 10th Street on the north, and Boulevard (Shafers Crossing at
24th Street) on the west. On the eastem edge of West End, the grid system extends
from downtown and them isn't a definitive gateway into the area~
These gateways would be greatly enhanced by the addition of landscaping and
signs. Residents expressed interest in seeing a sign on Patterson Avenue for the
historic district. The district covers both sides of Patterson Avenue from midway
into the 1300 block to 19th Street. Thus, welcome signs indicating the historic
district could be placed on each side, at the western end and near its intersection
with 13th Street. Gateway improvements should be done in conjunction with
streetscape improvements.
The design of the streets was subject to the topography of the land and the
Roanoke River more than the grid system. However, the core of the neighborhood
is in a grid system that is well connected on each side to outlying areas. Most of
the streets in the neighborhood are ora narrow to medium width, two lanes, and
lend themselves to a traditional neighborhood character. Exceptions to this are
13th Street between the Memorial Bridge and Wasena Terrace, Patterson Avenue
west of 13th Street, Salem Avenue west of 16th Street, and 10th Street between
Campbell Avenue and the bridge.
There are trees and sidewalks along most of the residential streets. Through-
out the neighborhood, overgrown vegetation, boarded up or abandoned buildings,
vacant lots, and litter detract from the overall positive appearance of the
streetscapes.
Improving the City's streetscapes is one of the strategic initiatives in Fision
2001-2020. The different types of streets in the neighborhood should be consid-
ered in any future infrastructure improvements. In particular, sidewalks and curb
and gutter systems are more appropriate for the traditionally designed urban
streetscapes, such as 13th Street, Campbell, Chapman, Salem and Patterson
26
Avenues.
While most oftha neighborhood's sidewalks are adequate, on some streets
sidewalks have been poorly maintained or are missing segments in between
stretches of well-maintained pavement. As a result, some streets in the area are
not as conducive to pedestrian traffic as they could be. Sidewalk improvements
should be installed on streets that have the greatest pedestrian traffic and/or those
that can be linked to existing sidewalks.
One of the attractive features of the area's streetscapes are the tree canopies
that line the streets. For the most part the residential streets - Chapman, Patterson,
Rorer and Salem - have trees along them. However, some blocks have inconsis-
tent tree canopies and would benefit from new plantings. In addition, tree planting
along streets with industrial uses that abut residential areas would provide a much
needed buffer.
While a healthy tree canopy enhances streetscapes and encourages pedestrian
traffic, it may adversely impact lighting during night hours. Utility lines should be
placed in such a manner that will not impact existing trees or areas where future
plantings may be desired.
In addition to improvements to the residual rights-of-way, i.e. sidewalks and
planting strips, several streets would also benefit greatly from traffic-calming
measures. Improvement strategies for these streets should address the following
goals:
Improve overall INability along the street
Improve pedestrian safety
Minimize disruption of the existing neighborhood
Reduce speed - at least 85% oftbe tralTxc should travel at 30 m.p.h, or less
Retain capacity to handle current and future volumes, while not inducing
more traffic
Keep commuter traffic offofside streets
Ensure other thoroughfares carry their "fair share" oftraffc
Streetscape and traffic-calming measures can respond to these goals. Following
are some potential streetscape/tmffie-ealming tools that may be used:
Planting large-species trees on both sides of the street.
On-street parking.
Installing curb extensions at intersections and mid-blocks to reduce crossing
distance for pedestrians and define parking lanes.
Marking pedestrian crossings with stamped asphalt or other material to create
27
13th Street
a change in color and texture.
Painting the shoulder to reduce the apparent pavement width and keep traffic
away from street trees.
Lateral shifts in the travel lanes from one side of the street to the other.
Speed tables and raised intersections.
The arterial and heavily traveled steers are the top priorities for stmetscape and
traffic-calming improvements. The streets that should be considered are:
13th Street
PattersonAvenue
Salem Avenue
Campbell Avenue
Riverside Boulevard
10th Street
Recently, the redecking of the Memorial Bridge temporarily reduced Memorial
Avenue and a section of 13th Street from four to two lanes. Now that work on the
bridge is complete and the street has been repaved, a traffic calming initiative is
planned for Memorial Avenue from Grandin Road to 13th Street and Wasena
Tenace. Memorial and this section of 13th Street will have two travel lanes with
bike lanes on each side of the street, and on-street parking on the southern side.
Residents mentioned problems with speeding on 13th Street, which should be
alleviated some by reducing the number of travel lanes. In addition, the traffic-
calming plan should benefit businesses and residents near 13th Street as it will
induce a slower and more neighborhood oriented flow of the great amount of
through traffic that commutes through the street.
Other potential improvements for 13th Street are:
· Planting small trees in the planting strips.
· Textured sidewalks at Wasena Terrace and across Patterson Avenue.
· A welcome sign in the median at the end of the bridge.
28
Patterson
Avenue
Patterson Avenue is in the heart of the area and is an arterial street that connects
24th Street, Northwest to Campbell Avenue and downtown. It is a large boulevard
that measures 70 feet wide with 40 feet of pavement for most of its stretch
between Campbell and 13th Street. West of 13th Street it is 100 feet wide with 40
feet of pavement. Along this section of the street, the additional right-of-way
consists of sidewalks and 20-foot wide planting strips.
Potential improvements to Patterson Avenue are:
· Create four 10 foot wide lanes demarcated by striping, two for parking and
two for travel.
Planting large-species trees on both sides of the street.
A median at 13th Street, approximately five feet wide and 10 feet long.
Marking pedestrian crossings between key side streets, e.g. 13th, 15th and
19th Streets, with stamped asphalt or other material to create a change in
color and texture.
· Place welcome signs that denote the historic (H-2) district and/or Hurt Park
at 13th Street and around where it intersects with Boulevard.
There is on-street parking on both sides of the street. While the width of the
pavement combined with the on-street parking should suffice to keep traffic at the
posted 25 mph speed limit, there are usually few parked cars on the street. In
addition, several blocks on the street lack any trees or other landscaping. As a
result, Patterson Avenue's unpaved right-of-way widens drivers' focal point and
speeds increase. Slriping to mark the parking lanes would help to reduce speeds.
The bare stretches of the planting strips along Patterson should be landscaped,
preferably with large species trees that will provide an overhanging canopy,
similar to the design of Melrose Avenue between 12th and 20th Street, Northwest.
Trees will improve the appearance of the street and help to reduce the speed of
traffic to its posted limit.
Another possibility for Patterson from 13th to 20th Street is a five to six foot
wide median at its intersection with 13th Street. This would entail a reduction of
the pavement width, and would also serve both aesthetic and traffic-calming
purposes.
As a central point of the neighborhood and a highly visible street, the func-
tionality and appearance of Patterson Avenue is crucial to the area's revitalization
and is a high priority in this plan.
29
Salem Avenue
Between 5th and I 0th Street Salem Avenue is a two-lane urban arterial street that
is well traveled and currently serves traffic adequately. West of 10th Street, it is
an urban collector street as it intersects with Boulevard near the bridge to Shafer's
Crossing.
Potential improvements to Salem Avenue are:
· On-street parking in areas where it is currently prohibited and would not
impact public safety. This is only possible on one side of the street to the east
of 10th Street, but is possible on both sides of the street west of 10th Street.
· Bike lanes where it is wide enough, e.g. west of 10th Street.
Between 10th and 16th Street Salem is narrow (30 feet of pavement) and the
presence of on-street parking keeps vehicles close to the 25 mph speed limit.
While, traffic counts are expected to increase on Salem Avenue in the next 12
years, it currently functions well as a traditional urban street.
West of 16th Street, near the Hurt Park Housing Development, Salem Avenue
becomes much wider (95 feet with 40 feet of pavement). Salem serves industrial
uses along the 1900 - 2100 blocks, but is predominantly residential east of 19th
Street. Between 16th and 19th Street Salem is unnecessarily wide. Striping to
create bike lanes and/or on-street parking would slow traffic and make it more
pedestrian friendly. Pending future changes to the Hurt Park hottsing develop-
ment, the streetscape of Salem Avenue should be designed in accord with any
redevelopment or restructuring that takes place, taking into account the recom-
mendations of this plan.
30
Campbell
Avenue
Riverside
Boulevard
Most of Campbell Avenue has a paved area about 30 feet wide. It is an urban
arterial street that for the most part functions well when nearing capacity, however
tends to see increased speeds when not in peak hours. The area of concern is
roughly between the intersection with Patterson Avenue to 13th Street.
Potential improvements to Campbell Avenue are:
3 foot stripe on the north side where there is no parking.
Increase on-strect parking on the soutbem side with a seven-foot wide lane
where it is currently prohibited.
Stretches of CampbellAvenue would benefit from an increased tree canopy,
however there is very little residual right-of-way, and the planting strips are very
narrow or don't exist at all. Most of the trees along Campbell are in the front
yards of private property owners.
Parking is prohbited on most nfthe north side of the street between Patterson
Avenue and 13th Street. To reduce speeds to the posted limit, striping on this side
of the street three feet from the curb would create an informal bike lane and create
the perception of a narrower street for motorists, while not actually narrowing the
pavement.
On the south side of the street between Patterson Avenue and 13th Street, on-
street parking is prohibited in some areas where it would be feasible. Line of sight
distances need to be considered to maintain safe tuming areas from the side
streets, which limits parking at those intersections. However, on several segments
of the street parking is prohibited for no apparent reason.
Riverside Boulevard is an attractive street on the edge of the neighborhood. While
it is secluded from most of the traffic on the neighborhood's arterial streets, it is
unique in that it functions as a residential street and as a collector between the
arterial streets of 13th Street, Campbell, and Elm Avenues.
Potential improvements to Riverside Boulevard are:
Striping of the center line.
Repair of the existing sidewalk and infill of new sidewalks.
Riverside sees considerable traffic in a.m. peak hours, most of it as a cut-
through route to or from 13th Street. There is no painted center line on the street,
yet there are two forks along it, one where it intersects with Wasena Terrace, the
other where it intesects with Ferdinand Avenue. The lack of center line leads to
increased speeds and narrow tums without regard for the space of the travel lane.
31
lOth Street
Public
Transportation
It is also a heavily traveled street by pedestrians. There is a segment on the
southern side that lacks sidewalk, while the northern side lacks sidewalk from
Wasena Terrace to Ferdinand Avenue. This side of the street is particularly unsafe
for pedestrians.
Tenth Street was widened to four lanes from its original two. While traffic counts
are projected to increase on the street, it is unecessarily wide and is characterized
by its wide open expanse and vehicles exceeding the speed limit. It is uninviting to
pedestrians, and special care must be taken when crossing it.
Potential improvements to 10th Street are:
Planting large species trees in the medians.and in the residual right-of-way
where possible.
Add bike lanes with striping to both sides of the street.
Place a welcome sign in the median on the northern side.
Tenth Street has a great deal of open space to motorists, as visually there is
little to nothing in front of drivers save for the stoplight. This simulates the feeling
of a highway, yet the street eventually narrows back to two lanes on each side.
Creating an overhanging tree canopy by planting in the medians would fill some of
the open spacethat the widening created, and give the street moro aesthetic appeal
while reducing traffic speeds.
Bicycle lanes would also calm traffic while utilizing more of the paved street.
North of the railroad tracks at LoudonAvenue 10th Street is in the Roanoke Valley
Conceptual Greenway Plan, as it connects to the Lick Run route. In addition, the
section of 10th Street in the neighborhood is the major connection to the Roanoke
River Greenway via the Wasena Bridge and Ferdinand Avenue. Thus, it will likely
see increased bicycle traffic.
As a gateway to and from the neighborhood, 10th Street's appearance is
important to the area's image. A welcome sign with West End and/or Mountain
View on it would add a lot to what is otherwise empty space.
Valley Metro has two routes that serve the neighborhood. Both routes start at
Campbell Court and exit the neighborhood over the Memorial Bridge on 13th
Street. Route 65/66 loops through the neighborhood on Salear Avenue, 18th
Street, Patterson Avenue, and 13th Street. This bus has a route variation that
extends out to the end of Patterson Avenue. Route 71/72 can be accessed from
Patterson, Campbell, or 13th Street and the route passes the Lee-Hi Shopping
Center and turos around at Lewis-Gale Hospital.
32
Bicycle/
Pedestdan
Connections
Sidewalks
Most of the residential and main arterial streets have sidewalks in good condition.
A few blocks such as the 1300 and 1400 blocks of Rorer have vegetation that
completely covers the sidewalks. Blocks with primarily commercial/industrial
uses are lacking sidewalks, though these areas do not usually experience heavy
pedestrian traffic. Many of the numbered north - south streets in the residential
areas do not have sidewalks on one or both sides.
The condition of the sidewalks in the neighborhood is good for the most part,
with some areas in need of maintenance, but virtually ali are still functional. A
greater problem for the care and use of sidewalks is litter, particularly broken
glass, which in some areas effectively prohibits their use. In addition, a few areas
in the neighborhood have sidewalks fronting dilapidated sa'uctures or vacant land.
This has reduced the amount of pedestrian traffic and allowed vegetation to
encroach upon and in between such sidewalks. Sidewalk improvements in the
area should be focused on infill that connects the existing networks and repair of
those in poor condition before any new blocks are added.
Bicycle Traffic
There is very little bicycle traffic in the area~ The Bikeway Plan for the
Roanoke Valley, adopted by the Roanoke Valley Area Metropolitan Planning
Organization in 1997, recommends streets for increased bicycle accommodation.
Several streets in the area are recommended in the Plan.
As previously noted, the proposed traffic-calming plan on 13th Street will add
bike lanes on both sides of the street between Wasena Terrace and the Memorial
Bridge. In addition to striped travel lanes, the other streetscape improvements in
this plan will produce a more accomodating environment for cyclists.
33
Curb end Gutter
Most streets in the area have curbs and gutters. Most of the streets that lack curb
and gutter are the north to south streets or are in the industrial districts. Drainage
is good and there are few problem areas.
An inventory of all streets that lack curb or gutter is included in the list of
sidewalk improvements. Priority for curb and gutter improvements should be on
the east to west streets where enclosed drainage systems are in place. Priority
should also be given to streets where curb and gutter improvements will enhance
existing drainage systems without compromising their effectiveness.
Street Lights
Hurt Park, Mountain View and West End are well served with streetlights
throughout most of the neighborhoods. There are no areas of immediate need for
additional lighting fixtures.
However, residents stated that in some areas the lights do not illuminate
brightly enough. The neighborhood organizations should assist residents in
submitting requests for increased wattage ofstreetlights where necessary.
Utilities
The area is well served with public utilities. Power, phone and cable TV utilities
are generally above ground. Natural gas and public water/sewer are available
throughout the area.
34
Public Services
Police
FIre/EMS and
other Public
Services
Public safety in the area is of great concern to residents and is crucial to improv-
ing the neighborhood's future. C.O.P.E. (Community Oriented Policing Effort)
units spearheaded an effort to reduce crime in the neighborhood in late August
2002. This effort is designed to involve the Police Department, various City
agencies, and the citizens of the neighborhood, in collaborative efforts to prevent
crime.
More recently, the planning process for this plan included two meetings held
by the Police Department. Planning staff, as well as staff from the Department of
Housing and Neighborhood Services and the Health Department attended these
meetings and participated in discussions with residents. The meetings reaffirmed
the need for the neighborhood to take an active role in crime prevention and
quality of life issues, such as reporting crimes and property maintenance viola-
tions.
The neighborhood lies completely within the Police Department's District 5.
Aside from this neighborhood, District 5 also contains the area just south of the
Roanoke River, and north of Lexington and Memorial Avenues.
Fire Station 3, located at 301 6th Street in the West End neighborhood, houses
both an Engine (water pump) and a Medic team. This station was built in 1909
and is not suitable for modern equipment. The Fire/EMS Strategic Business Plan
recommends that a new multi-functional station be built to replace the current
station numbers 1 and 3. Upon completion of the new facility, the plan recom-
mends that Station 3 either be sold, leased to a neighborhood organization that will
assume maintenance responsibilities, or razed with the lot to be put up for sale.
The City's old fire stations are valued by the community, and efforts should be
made to find an adaptive reuse for Station 3 before it is put on the market.
EMS 1 and Fire Station 7 are located adjacent to the neighborhood. EMS 1
at 374 Day Avenue is the only station citywide to exclusively support a medic
team. It is also the only station that has both volunteer and professional emer-
gency medical technicians (EMT's). Fire Station 7 at 1742 MemorialAvenue
maintains both a Ladder and an Engine team.
35
Solid Waste
Management
Schools and
Libraries
Trash, bulk and brash, and recycling collection is provided on the curbs of most
streets, and in some areas is picked up in the alleys. Vision 2001-2020 promotes
recycling for both residential and commercial properties. Separate containers are
provided by the City for paper and cans and bottles, and collection is in accord
with trash pick-up. Despite the provision of containers and the convenience of the
service, most properties in the neighborhood do not take advantage of it.
Hurt Park Elementary School, located at 1525 Salem Avenue, is the only school in
the area. There is not a library in the area, but the Melrose, Gainsboro and
Downtown branches are all relatively close.
36
Quality of Life
Parks and
Recreation
Health and
Human Services
The area is well served with both indoor and outdoor recreation facilities.
The area features three parks:
· Hurt Park - located in front of Hurt Park Elementary School, it features a
paved fitness course and a basketball court.
· West End Park - on the comer of 10th Street and Campbell Avenue. This
small park features a large field and a playground.
Perry Park - located on the 1100 block of Norfolk Avenue. The park has a
playground, basketball court, and a tennis court.
The Department of Parks and Recreation also operates Mountain View on
13th Street, with the Fishbum Rose Garden just to the south. Mountain View is a
massive, renovated older home listed on the National Register of Historic Places.
It features office and classroom space, with most of its activities geared toward
seniom. Much of the building's space is used sparingly, however it is a community
asset for its architectural history and significance, and its current use.
In the public workshops, Hurt Park residents expressed the need for a commu-
nity facility that caters to all ages. Residents said they would like to see a comfort
station - a bathroom and water fountain - at Hurt Park.
The Health Department is located on 8th Street just offCampbell Avenue in West
End, however under current plans it will relocate to Williamson Road along with
the City's Department of Social Services. There are several other social service
organizations in the office district of Campbell Avenue between 5th and 9th
Streets, including the Council of Community Services.
The Hurt Park neighborhood has two major establishments that offer services
for children. The Hurt Park Day Care Center is located in the 1600 block of
Salem Avenue between the Hurt Park Housing Development and Hurt Park
Elementary School. It is operated by Total Action against Poverty (TAP) and
primarily serves residents from the housing development.
The West End Center at the comer of 13th Stm~et and Patterson Avenue is a
non-profit organization that offers after school programs for children from grades
1 to 12. The Center is designed to meet the recreational, educational, social and
nutritional needs of children, and offers individual counseling and tutoring as well.
The Center has a waiting list and would like to expand its capacity to aocomodate
the demand. They also suggested that CDBG funds could be allocated to human
services in the neighborhood.
37
Them are 10 Churches in the area and the Kazim Temple on Campbell
Avenue. The Salvation Army has a location on Salem Avenue, and Habitat for
Humanity's Roanoke Valley office is in an industrial district on Cleveland Avenue.
Environment
Them are several properties in the 100-year flood plain. These properties all lie
along the Roanoke River and extend from the mobile home parkj ust east of the
Memorial Bridge to the westernmost portion of the area. Several of these parcels
am abandoned industrial sites or adjoin such properties. Since redevelopment of
these sites will be particularly difficult, consideration should be given to purchas-
ing these properties and cleaning them up for public re-use as greenspace or park
land.
38
Recommendations
Recommended Policies
and Actions
Recommendations are organized by the Plan Elements(community design,
residential development, etc.). Recommendations take the form of"policies" and
"actions." Policies are principles or ways of doing things that guide future
decisions. Generally, policies are ongoing. Actions are projects or tasks that can
be completed and have a definite end.
Community Design
Policies
Development Model: Future development should follow the traditional
neighborhood model prescribed by Fision 2001-2020.
Thirteenth Street Village Center: The village center should be dense,
compact in size, and identifiable. Uses in the village center should generally
be neighborhood-oriented commercial, but should also contain some busi-
nesses that serve a larger market. Live-work spaces and upper floor residen-
tial will be encouraged in the village center.
Building scale: Buildings should have at least two stories to encourage
efficient use of limited commercial land, diverse uses, and compatibility with
the traditional development of the neighborhood.
Building location: To encourage a pedestrian environment and desirable
streetscape, buildings should be placed close to the street, immediately
adjacent to the sidewalk. Storefronts should be limited in width (25'-40').
Established building lines of existing development should be used to guide
placement ofinfill dwellings.
Parking: Parking is recognized as a necessity, but should not be allowed to
dominate any development. Parking should be located primarily on-street.
Zoning regulations should consider the availability of on-street parking when
determining appropriate levels of on-site parking. Where additional parking
is warranted, it should be located to the rear or side of buildings.
Gateways: Gateways should enhance linkage to surrounding areas and
provide a positive impression of the neighborhood.
39
Community Design
Actions
· hnplement infill design regulations: Establish the Neighborhood Design
District zoning overlay in areas outside the H-2 District to ensure that new
construction is compatible with the traditional design of existing develop-
ment.
Encourage oft~ee-residential mix: Change zoning to allow mixed off]ce and
residential uses in the H-2 District on Patterson Avenue and in West End to
encourage rehabilitation, adaptive reuse, and preservation of large, historic
houses.
Implement village center zoning: Change zoning in the 13th Street village
center to encourage a mix of uses and building scales that are appropriate in a
neighborhood setting. Development codes should promote development of
well-designed commercial structures that encourage pedestrian activity.
Encourage corner commercial: Develop and implement zoning regulations
to encourage appropriate reuse of comer commercial buildings.
Limit surface parking: Develop mechanisms to limit surface parking lots
and encourage use ofon-strect parking for periodic uses.
· Establish Gateways: Improve the appearance and functionality of gateways
at the intersection of Campbell and Patterson Avenues, the northern end of
10th Street, 13th Street at the Memorial Bridge, and the intersection of
Boulevard and Patterson Avenues, by planting appropriate vegetatation and
decorative signage. Place a welcome sign for the H-2 Historic District on
Patterson Avenue and denote the historic district atop street signs where
applicable.
40
Residential Development
Policies
Residential Development
Actions
Zoning: Zoning patterns should allow for compatible uses in proximity to
each other, and provide buffeting or transition space between incompatible
uses.
Home Ownership: Encourage more home-ownership in the neighborhood.
Design of Inffil Housing: New housing should be compatible with the
existing structures in design and scale.
Diversity of Housing Options: Hurt Park, Mountain View and West End
should have a balance of single and multifamily housing. Given the current
housing stock, development of more multi family low-income housing should
be discouraged.
Code Compliance: Houses must be maintained up to code standards.
Incompatible Land Uses: Address the lack of buffering and transitional
uses between residential and non-residential uses in furore zoning decisions.
Increase Home Ownership: Work with various housing developers and
organizations to develop housing that will increase the number of
homeowners in the area.
Encourage a Diversity of Housing Options: Amend the zoning ordinance
to reduce the density in areas with a disproportionate amount of multi family
housing.
Implement Neighborhood Design District overlay zoning in areas that are
not part of the H-2 District.
Apply design guidelines: Insure that infill housing adheres to the design
guidelines of ~sion 2001-2020.
Continue Code Enforcement: Continue the Rental Inspection Program.
Report code violations: Coordinate reports to the City of all property
maintenance violations through the neighborhood organizations.
Market historic district: Increase awareness of tax incentives for properties
that are eligible.
41
Economic Development
Policies
Economic Development
Actions
Underutilized Industrial Land: Encourage infill development of vacant
parcels in the LM and HM districts.
Incompatible Land Uses: Industrial uses should have as minimal impact as
possible on adjoining residential areas in terms of visibility, noise and air
quality.
Neighborhood Commercial: Commemial establishments should be compat-
ible with the neighborhood.
Connectivity: The neighborhood should connect seamlessly to its surrounding
areas and compliment them. Development of the Jefferson Center/West End
area should be done in accordance with the Outlook Roanoke (Downtown)
and Old Southwest Neighborhood Plans.
Change Zoning: Amend the zoning ordinance and zoning map in the neigh-
borhood to incorporate appropriate commercial uses in the LM and HM
districts.
Designate the 13th Street corridor as a village center in the update o£the
zoning ordinance.
Reevaluate all commemial and industrial areas of the neighborhood in the
update of the zoning ordinance, based on the future land-use map.
Improve buffers: Consider planting trees and/or establishing green space to
buffer industrial uses from residential areas.
Improve linkage: Improve streetscapes along 5th Street, Campbell Avenue
and 10th Street to improve the linkage of the neighborhood to surrounding
Reinstate Enterprise Zone: Apply for the reinstatement of State Enterprise
Zone One.
42
Infrastructure Policies
Infrastructure Actions
Streetseapes: Streetscapes should be well maintained, attractive and func-
tional for pedestrian, bicycle and motor traffic, and traditional neighborhood
streets should have urban amenities such as sidewalks and curb and gutter.
Connectivity: The connectivity of streets and the grid street system should
be promoted and maintained.
Street width: Streets should be kept at the minimum width necessary to
accomodate vehicular traffic and on-street parking.
Storm Water Management: Storm water drainage problems should be
mitigated as much as possible through public improvements.
Improve Streetseapes: Prioritize and conduct streetscape improvements
(see outline on page 3) on the following streets:
13th Street
Patterson Avenue
Salem Avenue
Campbell Avenue
Riverside Boulevard
· 10th Street
Improve infrastructure: Submit cost estimates for sidewalk and curb and
gutter improvements to the Department of Engineering for evaluation of
future improvements.
Coordinate new sidewalk and curb construction with repairs and the addition
of amenities such as street trees.
Retain grass buffer strips for street trees on sidewalk infill projects.
43
Public Services
Policies
Police: The close relationship that offcers assigned to the area have with
residents and neighborhood organizations should continue to be strengthened
andsupported.
Public Services: Public services should be delivered to citizens in the most
efficient manner possible, including combining some in common facilities in
areas where they're needed.
Public Services
Actions
Improve communication between the neighborhood and Police: Continue
and improve upon collaborative efforts of residents, the neighborhood
organizations and police, including support for a neighborhood watch.
Continue Code Enforcement: Aggressively enforce propeay maintenance
codes.
44
Qu,a. li.t'y of Life
Policies
Industrial sites: activity should be screened as much as possible from
adjoining residential areas.
Parks: neighborhood parks should be safe and have well-maintained facili-
ties that will be used by nearby residents.
Pedestrian and ByeyeleAeeomodafion: Streets in the neighborhood should
accommodate pedestrians and bicycles in addition to vehicles.
Quality of Life
Actions
Plant Trees: Initiate tree planting on streets where homes lack buffering
from industrial uses. Work with the Neighborhood Partnership to plant trees
and other landscaping.
Hurt Park: Work with the Department of Parks and Recreation to deter-
mine the priority and feasibility of developing a Master Plan for Hurt Park,
specifically taking into consideration the construction ora comfort station.
Clean upAbandoned Industrial Sites: Consider allocating funds to
purchase and clean up brownfield parcels and others that are in the flood
plain when the area is selected as a CDBG target area.
45
Implementation
Funding
Funding for major infrastructure projects is generally provided through the city's
Capital Improvement Program. Funding can come from a variety of sources,
including CDBG, transportation funding, state and federal funds, and general
revenue. The Capital Improvement Program is developed by identifying needed
projects and matching them with potential funding soumes. Each project is
reviewed and ranked in terms of priority.
The tables on the following page identifies major projects, their time frame,
the lead agency or department, and potential sources of funding. The cost of most
projects such as streetscape improvements cannot be determined until mom
detailed planning is completed.
How large
)urOjects are
nded:
The Capital
Improvement
Program
Funding Sources
Bonds
General revenues
State and Federal
CDBG
Project grants
Others
Needed Projects
Parks
Buildings
Economic Development
Streets, sidewalks and bridges
Storm drains
Schools
Priority projects &
their funding
sources identified
S-year
Capital
~rovement
Program
46
Implementation
Below is a general guide to the time needed to cany out the actions of this
plan. It is intended to assist with scheduling priority projects, but does not
provide a specific timeframe for each item.
Abbreviations
ED - Economic Development
HNS - Housing & Neighborhood
Services
PBD - Planning, Building and
Development
POL - Police
PW - Public Works
UF - Urban Forestry
Action I 2 3 4 Ongoi~ Lead
ng Agencies
Zon~g Changes * PBD
Neighboflmod Design Disl~ict * PBD
HNS/
Improve Gateways * PW
Support Rental laspection * ttNS
Program
Market l~storlc tax credits * PBD
Appy for re[astatement of * ED
Enterprise Zone One
Streetscape lmprovemenls: HNS/
Repavfog/Restoping * PW/
Tree Planting * UF
ln~astructm'e lmprovemenls:
Comlmct new sidewalks & * PW
curbs
DraYage Improvements *
Cont~ue COPE & , POIJ
Neighborhood Watch NO
Clean up abandoned indu~hdal * ED
sites
47
Funding
Below is a general guide to the resources needed to carry out this plan where
costs can be estimated. It is intended to identify needs during budget develop-
ment, but does not necessarily provide for funding. In some cases, an esti-
mated cost is unavailable because additional assessment is needed. Estimates
should be used to anticipate and plan for future funding needs.
Community Design
Update of the
Zoning Ordh~ance $100,000 PBD ordhance is currently
underway & lhnding
has been allocated.
Neighborhood
Design District $5,000 PBD Legal Ads & printing.
Poss~ie
improve Gateways Unknown HNS/
PW signaga,median,&
~andscaping.
Residential Development
Phn (Citywide) $100,000 HNS Proposal is underway.
Market historic tax
credits Unknown PBD Printhg & mailing.
Infrastructure
Streetscape Unknown HNS/ Repavhg. restriping.&
Improvemenls PW landscaping.
Sidewalks, Curb & $20/lbot- curb Priorities will be
Gu~ter $25/foot ~ sidewalk PW established upon
adoption of pla~
Drainage Priorities will be
Improvements Unknown PW established upon
adoption ofphn.
Quality of Life
Clean up abandoned ED/ Poss~bie use of
industrial sites Unknown P&R CDBG & flood
reduction funds
48
Acknowledgments
City Council
Mayor Ralph K. Smith
Vice Mayor C. Nelson Harris
Beverly T. Fitzpatrick, Jr.
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Linda F. Wyat~
Planning Commission
Chairman Robert B. Manetta
Vice Chairman Richard A.Rife
Gilbert E. Butler, Jr.
S. Wayne Campbell
D. Kent Chrisman
Henry Scholz
Frederick M. Williams
Planning Building & Development
Brian Townsend, Director
Project Manager:
Frederick Gusler, City Planner
Thanks to the Hurt Park Neighborhood Alliance, all the residents, business and property owners who participated in the
community workshops, and Principal Gary Galbreath and Hurt Park Elementary School for their accomodations and
continued support of the neighborhood.
49
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, May 15, 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 Vision 2001-2020, the City's comprehensive plan, to include the
Hurt Park/Mountain View/West End Neighborhood Plan.
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 29 and May 6, 2003
Please charge to credit card (on file) 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
02139367
Hurt Park/Mtn.
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~nia. Sworn and subscribed before me this
_~__~___day of June 2003. Witness my hand and
~ion ~xp i r e ~--___--~__~_--Z_-~__~_ ..... .
PUBLISHED ON: 05/30 06/06
TOTAL COST:
FILED ON:
257.60
06/06/03
Authorized / ~'-
S igna t u r e: __/~~~_~__,
Billing Services
Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given pursuant to §15.2-2204, of the Code of Virginia (1950), as
amended, that Vision 2001 - 2020, the City's Comprehensive Plan, is proposed to be
amended to include the Hurt Park/Mountain View/West End Neighborhood Plan as an
element of such Comprehensive Plan.
A copy of the proposed Hurt Park/Mountain View/West End Neighborhood Plan to be
considered by City Council is on file in the Office of the City Clerk, Room 456, Noel C.
Taylor Municipal Building.
A public hearing will be held before the Council of the City of Roanoke on Monday,
June 16, 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, at which time citizens of the City shall be given an opportunity to appear and be
heard by Council on the subject of this proposed amendment.
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, June 12,
2003.
GIVEN under my hand this 27th day of I~lay
,2003.
Mary F. Parker, City Clerk.
H hNOTICES\N-AMEND COMPREHENSIVE PLAN ([-iURTPARK061603) DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, May 30, 2003, and once on Friday, June 6, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Publish once in The Roanoke Tribune on Thursday, June 5, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
MARY F. PARKER, CMC
City Clelk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1 $36
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: clcrk~¢i.roanoke.v~.us
June 23,2003
File #28-102-166-221
STEPHAN1E M. MOON
Dcputy City Clerk
SHE1LA N. HARTMAN
Assistant City Clcflc
Jacqueline L. Shuck, Executive Director
Roanoke Regional Airport Commission
5202 Aviation Drive, N. W.
Roanoke, Virginia 24012-1148
Dr. Edward Murphy, CEO
Carilion Health Systems
Carilion Roanoke Memorial Hospital
P. O. Box 13367
Roanoke, Virginia 24033
Dear Ms. Shuck and Dr. Murphy:
I am enclosing copy of Ordinance No. 36407-061603 granting a revocable license to permit
the encroachment of a retaining wall, sidewalk and canopy, with all necessary
appurtenances thereto, encroaching approximately .063 acre into the public right-of-way
of Hamilton Terrace, S. E., upon certain terms and conditions; and dispensing with the
second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and will be in full force and
effect at such time as a copy, duly signed, sealed, and acknowledged by Carilion Health
Systems, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of
the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid,
current certificate evidencing the insurance required in Paragraph 4 of the ordinance is on
file in the Office of the City Clerk.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc~
John C. Christodoulides, Director, Project Management, Construction and Property
Management, 1315 2nd Street, S. W., Third Floor, Roanoke, Virginia 24016
Wm. Thomas Austin, Project ManagedPrincipal, Mattern & Craig, 701 First Street,
S. W., Roanoke, Virginia 24011
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Sarah E. Fitton, Engineering Coordinator
H:~A{3enda.03~June 16. 2003 correspondenceee.wod
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
Iqo. 36407-061603.
AN ORDINANCE granting a revocable license to permit the encroachment of a retaining
wall, sidewalk and canopy, with all necessary appurtenances thereto, encroaching approximately .063
acres into the public right-of-way of Hamilton Terrace, S.E., upon certain terms and conditions; and
dispensing with the second reading by title of this ordinance.
WHEREAS, apublic hearing was held on June 16,2003, pursuant to §§15.2-1800(B), 15.2-
1813, and 15.2-2010, Code of Virginia (1950), as amended, at which heating all parties in interest
and citizens were afforded an opportunity to be heard on said encroachment.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Permission is hereby granted Carillon Health Systems ("Licensee") to permit the
construction and encroachment of a retaining wall, sidewalk, canopy and supporting structure
encroaching approximately .063 acres into the public right-of-way of Hamilton Terrace, S.E., as
more fully described in a letter of the City Manager to City Council dated June 16, 2003.
2. Such license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended,
shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the
limitations contained in the aforesaid §15.2-2010.
3. It shall be agreed by the Licensee that, in maintaining such encroachment, the
Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save
harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or
damages to persons or property that may arise by reason of the above-described encroachment in the
public right-of-way.
4. The tenant of licensee, its grantors, assigns or successor in interest shall for the
duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage
in amounts not less than $1,000,000.00. This insurance requirement may be met by either
homeowner's insurance or commercial general liability insurance. The certificate of insurance must
list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds, and an
endorsement by the insurance company naming the City as an additional insured must be received
within thirty (30) days of passage of this ordinance. The certificate shall state that such insurance
may not be canceled or materially altered without thirty (30) days written advance notice of such
cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke.
5. This ordinance shall be in full force and effect at such time as a copy, duly signed,
sealed, and acknowledged by Carilion Health Systems, has been admitted to record, at the cost of the
Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect
only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is
on file in the Office of the City Clerk.
6. 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
ACCEPTED and EXECUTED by the undersigned this __ day of
CARILLON HEALTH SYSTEMS
Its
STATE OF §
§ To-Wit:
CITY/COUNTY OF §
The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this
__ day of .... by , the
of Carilion Health Systems.
My Commission expires:
[ SEAL ]
Notary Public
H:/ORDINANC ES\OENC-CA PdLI ONHEALTHSYS TEM$ 061603 DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
June 23, 2003
File #28-102-166-221
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. 36406-061603 authorizing the City Manager to
execute the necessary documents providing for conveyance of a .017 acre portion of City-
owned property known as the utility lot identified as New Parcel C of Official Tax No.
4060101, located along Hamilton Terrace, S. E., and temporary construction easements
to Carillon Health Systems, upon certain terms and conditions, and dispensing with the
second reading by title of the ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003, and is in full force and effect
upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc~
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport Commission,
5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148
Dr. Edward Murphy, CEO, Carillon Health Systems, Carillon Roanoke Memorial
Hospital, P. O. Box 13367, Roanoke, Virginia 24033
H:~Agenda.03\June 16, 2003 correspondenceee.wpd
Darlene L. Bu~ham
June 24,2003
Page 2
pc:
John C. Christodoulides, Director, Project Management, Construction and Property
Management, 1315 2nd Street, SW, Third Floor, Roanoke, Virginia 24016
Wm. Thomas Austin, Project ManagedPrincipal, Mattern & Craig, 701 First Street,
S. W., Roanoke, Virginia 24016
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Sarah E. Fitton, Engineering Coordinator
H:~Agenda.03\June 16, 2003 correspondenceee,wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36406-061603.
AN ORDINANCE authorizing the City Manager to execute the necessary documents
providing for the conveyance of a .017 acre portion of City-owned property known as the
utility lot identified as New Parcel C of Official Tax No. 4060101, located along Hamilton
Terrace, S.E., and temporary construction easements to Carilion Health Systems ("CHS"),
upon certain terms and conditions, and dispensing with the second reading of this ordinance.
WHEREAS, a public hearing was held on June 16, 2003, pursuant to §§ 15.2-1800(B)
and 15.2-1813, Code of Virginia ( 1950), as amended, at which hearing all parties in interest
and citizens were afforded an opportunity to be heard on said conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, the necessary documents providing for the
conveyance ora .017 acre portion of City-owned property known as the utility lot identified
as New Parcel C of Official Tax No. 4060101, located along Hamilton Terrace, S.E., to
Carilion Health Systems ("CHS"), upon the terms and conditions set forth in the City
Manager's letter to this Council dated June 16, 2003.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. The City shall retain any existing 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 demised area.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
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
June 16, 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: Conveyance of City-owned
Property and Encroachment
into Public Right-of-Way-
Hamilton Terrace, SE
CHS, Inc. (Carilion Health Systems), owner of properties along Hamilton Terrace, SE,
proposes to construct a pedestrian bridge over the Roanoke River. Accessory to the
bridge, CHS, Inc. will build a retaining wall and pavilion along Hamilton Terrace, SE, that
will link the new Riverwalk Parking Deck, via the new pedestrian bridge, to the public
sidewalk along Hamilton Terrace, SE. Construction of the pedestrian bridge is targeted to
coincide with completion of the parking deck in September 2003.
A plat has been recorded subdividing parcel #4060101 thereby, creating a utility lot which
contains approximately .017 acres, shown as New Parcel "C". See Attachment #1. As the
estimated assessed value of this new lot is very Iow, between $300 and $500, staff
recommends that the utility lot be conveyed to CHS, Inc. at no charge.
The proposed improvements, which include a retaining wall, sidewalk, canopy and
supporting structure, also create an encroachment into the public right-of-way of Hamilton
Terrace, SE. The revocable encroachment area is of variable width, containing
approximately .063 acres (in addition to the utility lot area) which extends into the right-of-
way of Hamilton Terrace, SE. The .063 acres is shown on Attachment #1 as the area
dedicated to the City of Roanoke for public use. Liability insurance and indemnification of
City by the applicant shall be provided as specified in the attached exhibit, subject to
approval of the City's Risk Manager. See Attachment #2.
Recommended Action(s):
Council authorize the conveyance of the utility lot identified as New Parcel "C", along with
appropriate temporary construction easements, shown on Attachment #3; and adopt an
ordinance, to be executed by the property owner, and recorded in the Clerk's office of the
Circuit Court for the City of Roanoke, granting a revocable license to CHS, Inc., to allow
the encroachment of a retaining wall, sidewalk, canopy and supporting structure into the
right-of-way of Hamilton Terrace, SE.
Respectfully submitted,
Darlene L. Bur~JcCam
City Manager
DLB/sef
Attachments
CZ
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
Wm. Thomas Austin, Mattern & Craig, 701 First Street, SW
CM03-00114
Attachment #1
?/
Attachment #2
INSURANCE REQUIREMENTS
FOR ENCROACHMENTS IN RIGHT-OF-WAY
COMMERCIAL
Owner shall obtain liability insurance coverage with respect to claims arising out of
the subject matter of this agreement. The amount of such insurance shall not be
less than:
A. General Aggregate $1,000,000
B. Products - Completed/Operations Aggregate $1,000,000
C. Personal and Advertising Injury $1,000,000
D. Each Occurrence $1,000,000
Above amounts may be met by umbrella form coverage in a minimum amount
of $1,000,000 aggregate; $1,000,000 each occurrence.
Owner shall name the City, its officers, agents, employees, and volunteers as
additional insured as its interests may appear on the above policy. Such coverage
shall not be canceled or materially altered except after thirty (30) days prior written
notice of such cancellation or material alteration to the Director of Utilities and
Operations of the City of Roanoke.
Owner shall indemnify and save harmless the City of Roanoke, its officials, officers
and employees, from all claims for injuries or damages to persons or property that
may arise by reason of the encroachment over public right-of-way.
Attachment #3
PROPERTY OF
CITY OF ROANOKE
TAX NO. 406-0101
D.B, 632, PG. 437
D,B. 282. PG. 65
D,B. 283, PG. 449
0.639 Ac
ARCEL "8"
0,212 Ac.
/'"' HAM/LION
"c* TERRACE
LOT
0.017 AC.
PARCEL "A'
0347 Ac.
BELLEVIEW AVENUE
~ MATTERN & CRAIG, INC,
701 FIRST STREET
ROANOKE, VIRGINIA 24018
TELEPHONE (540)348-9342
HATCHED AREA DENOTES TEMPORARY
CONSTRUCTION EASEMENT
OFFICE OF CITY ENGINEER
ROANOKE VIRGINIA
EXHIBIT SHOWING TEMPORARY CONSTRUCTION EASEMENT
CARILLON HOSPITAL
THE CITY OF ROANOKE, VIRGINIA
CiTY OF ROANOKE, VIRGINIA
SCALE: 1~ : 50' APPROVED:
DATE: o5/27/o;
PLAN NO, CITY ENGINEER
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
Roanoke.com
.................................................. + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
02143588
Hamilton Terr.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the followin9
dates:
City/County of Roanoke, Commonwealth/State of
V~inia. Sworn and subscribed before me this
__~/~ day of June 2003. Witness my hand and
offi~la~ seal~ ,/
My co sion expir~ .... r~/~z~
[y co~mi ~s ___~_ ............... .
PUBLISHED ON: 06/06
TOTAL COST: 0.00
FILED ON: 06/09/03
Authorized
Signature:_ ./~.~/~___
HmO#ton T~ S.E., t~ Carll-
Billin9 Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey .017 acres of City owned property and to grant a
revocable license permitting the encroachment of a retaining wall, sidewalk and canopy, with all
necessary appurtenances thereto, encroaching approximately .063 acres into the public right-of- way
of Hamilton Terrace, S.E., to Carilion Health Systems in connection with the construction and
development of a pedestrian bridge.
Pursuant to the requirements of§§ 15.2-1800(B), 15.2-1813, 15.2-2009, 15.2-2010, Code of
Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will
hold a public hearing on the above matter at its regular meeting to be held on Monday, June 16,
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. Further information is available from the
Office of the City Clerk for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, June 12, 2003.
GIVEN under my hand this 3rd day of June ,2003.
Mary F. Parker, City Clerk.
H \NOTIC ES/N' ENCROACH - HAMI LTONTERJt (CARILION)061603 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, June 6, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
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) $$3-2541
F~x: (540) 853-1145
E-mail: clcrk@ci.roanoke.vn, us
June 18,2003
File ]~-441
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Whittington W. Clement, Chair
Commonwealth Transportation Board
1401 East Broad Street
Richmond Virginia 23219
Philip Shucet, Vice-Chair
Commonwealth Transportation Board
1401 East Board Street
Richmond, Virginia 23219
Gentlemen:
I am enclosing copy of Resolution No. 36411-061603 requesting that the Commonwealth
Transportation Board establish an enhancement project to develop construction plans for
restoration of the Virginian Railway Passenger Station located at 1406 Williamson Road,
N. E., and the adjacent property, in the amount of $990,530.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
MFP:mh
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pcz
Wayne G. Strickland, Secretary, Roanoke Valley Area Metropolitan Planning
Organization, 313 Luck Avenue, S. W., Roanoke, Virginia 24010
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Kenneth H. King, Jr., Manager, Division of Transportation
H:~Agenda.03\June 16, 2003 correspondence (PH's2).wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
Iqo. 36411-061603.
A RESOLUTION requesting that the Commonwealth Transportation Board establish an
enhancement project to develop construction plans for restoration of the Virginian Railway
Passenger Station and the adjacent property.
WHEREAS, the Roanoke Redevelopment and Housing Authority ("RRHA") is requesting
Transportation Enhancement funds in the amount of $990,530.00 to develop construction plans for
restoration of the Virginian Railway Passenger Station, located at 1406 Williamson Road, S.E., and
the adjacent property, in the City of Roanoke;
WHEREAS, the Virginian Railway Passenger Station needs to be revitalized because of its
exposure to the elements;
WHEREAS, the station is eligible for listing on the National Register of Historic Places
because of its contribution to the railroad industry and its facilitation of passenger transport to and
from Roanoke;
WHEREAS, this project will consist of developing a master plan for the station and adjacent
property, creating construction plans for interior amhitectural work and exterior work, creating a
gmenway on the property, landscaping the property, and mitigating highway runoff;
WHEREAS, upon completion, the Virginian Railway Passenger Station will be used as a
museum and as a place to house and display the archives of the Roanoke Chapter of the National
Railway Historical Society; and
WHEREAS, City Council and the Metropolitan Planning Organization must endorse an
application prior to submittal to the Virginia Department of Transportation ("the Department") by
the applicant by July 1, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby endorses and requests that the Commonwealth Transportation Board
establish a project to develop construction plans for restoration of the Virginian Railway Passenger
Station and the adjacent property, such project being more particularly described in the City
Manager's letter dated June 16, 2003, to City Council.
2. Pursuant to the Transportation Equity Act for the 21 st Century, the City hereby agrees
to pay a minimum of twenty percent (20%) of the total amount of costs associated to develop
constmction plans for restoration of the Virginia Railway Passenger Station and the adjacent
property, and that if the City subsequently elects to cancel this project, the City hereby agrees to
reimburse the Department for the total amount of the costs expended by the Department through the
date the Department is notified of such cancellation.
3. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, all necessary and appropriate agreements with the Department
providing for the programming of such project, such agreements to be in such form as is approved by
the City Attorney.
4. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, a legally binding agreement with the project applicant, the RRHA,
subject to the application being approved by the Department, requiring the applicant to be fully
responsible for its matching funds as well as all other obligations undertaken by the Cityby virtue of
the City/State Agreement, such agreement to be in such form as is approved by the City Attorney.
5. The City Clerk is directed to forward a copy of this resolution to the appropriate
officials at the Commonwealth Transportation Board.
ATTEST:
City Clerk.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk@¢i.roanok¢.va. us
June 18, 2003
File ¢~441
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clcrk
Whittington W. Clement, Chair
Commonwealth Transportation Board
1401 East Broad Street
Richmond Virginia 23219
Philip Shucet, Vice-Chair
Commonwealth Transportation Board
1401 East Board Street
Richmond, Virginia 23219
Gentlemen:
I am enclosing copy of Resolution No. 36410-061603 requesting that the Commonwealth
Transportation Board establish an enhancement project to reduce the debt service incurred
to complete the renovation of the Roanoke Passenger Station, in the amount of
$444,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
MFP:mh
Sincerely,
City Cl~rk
Enclosure
pc~
Wayne G. Strickland, Secretary, Roanoke Valley Area Metropolitan Planning
Organization, 313 Luck Avenue, S. W., Roanoke, Virginia 24010
James C. Sears, President, Western Virginia Foundation for the Arts and Sciences,
One Market Square, S. E., Fifth Floor, Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Kenneth H. King, Jr., Manager, Division of Transportation
H:~Agenda.03\June 16, 2003 correspondence (PH's2).wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36410-061603.
A RESOLUTION requesting that the Commonwealth Transportation Board establish an
enhancement project to reduce the debt service incurred to complete the renovation of the Roanoke
Passenger Station.
WHEREAS, the Western Virginia Foundation for the Arts and Sciences ("WVFAS")
operating as Center In The Square is requesting Transportation Enhancement funds in the amount of
$444,000.00 to reduce the debt service incurred to complete the renovation of the Roanoke Passenger
Station;
WHEREAS, the Roanoke Passenger Station Project is an ongoing project to renovate the
historic passenger station, which project has received enhancement funds previously and which
began constmction with a scheduled completion date of September 1, 2003;
WHEREAS, the project has received funds from previous enhancement funds, TEA-21 High
Priority Funds, the City of Roanoke, and various private and corporate donations;
WHEREAS, this additional funding will ease an extreme hardship on the non-profit sponsor,
WVFAS, that has recently lost operating funds as a result of cuts in State funding; and
WHEREAS, City Council and the Metropolitan Planning Organization must endorse an
application prior to submittal to the Virginia Department of Transportation ("the Department") by
the applicant by July 1, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby endorses and requests that the Commonwealth Transportation Board
establish a project to reduce the debt service incurred to complete the renovation of the Roanoke
Passenger Station, such project being more particularly described in the City Manager's letter dated
June 16, 2003, to City Council.
2. Pursuant to the Transportation Equity Act for the 21st Century, the City hereby agrees
to pay a minimum of twenty percent (20%) of the total amount of costs associated to reduce the debt
service incurred to complete the renovation of the Roanoke Passenger Station, and that if the City
subsequently elects to cancel this project, the City hereby agrees to reimburse the Department for the
total amount of the costs expended by the Department through the date the Department is notified of
such cancellation.
3. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, all necessary and appropriate agreements with the Department
providing for the programming of such project, such agreements to be in such form as is approved by
the City Attorney.
4. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, a legally binding agreement with the project applicant, the WVFAS,
subject to the application being approved by the Department, requiring the applicant to be fully
responsible for its matching funds as well as all other obligations undertaken by the City by virtue of
the City/State Agreement, such agreement to be in such form as is approved by the City Attorney.
5. The City Clerk is directed to forward a copy of this resolution to the appropriate
officials at the Commonwealth Transportation Board.
ATTEST:
City Clerk.
H:/KESOLDTIONS\R-TEA-21 -WVFA$061603 DOC
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-I 145
E-mail: clerk~ci.roanoke.va~ os
June 18,2003
File ¢¢441
STEPHANIE M. MOON
Deputy City Clcrk
SHEILA N. HARTMAN
Assistant City Clctk
Whittington W. Clement, Chair
Commonwealth Transportation Board
1401 East Broad Street
Richmond Virginia 23219
Philip Shucet, Vice-Chair
Commonwealth Transportation Board
1401 East Board Street
Richmond, Virginia 23219
Gentlemen:
I am enclosing copy of Resolution No. 36409-061603 requesting that the Commonwealth
Transportation Board establish an enhancement project to support the design and
construction of the O. Winston Link Museum's open storage component, refurbishment of
authentic station benches, and restoration and installation of N&W Passenger Station
signs, in the amount of $172,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Wayne G. Strickland, Secretary, Roanoke Valley Area Metropolitan Planning
Organization, 313 Luck Avenue, S. W., Roanoke, Virginia 24010
D. Kent Chrisman, Executive Director, History Museum and Historical Society of
Western Virginia, P. O. Box 1904, Roanoke, virginia 24008
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Kenneth H. King, Jr., Manager, Division of Transportation
H:Vkgenda.03\June 't6, 2003 correspondence (PH's2),wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
No. 36409-061603.
A RESOLUTION requesting that the Commonwealth Transportation Board establish an
enhancement project to support the design and construction of the O. Winston Link Museum's open
storage component, the refurbishment of authentic station benches, and the restoration and
installation of N&W Passenger Station signs.
WHEREAS, the O. Winston Link Museum and Historical Society of Western Virginia are
requesting Transportation Enhancement funds in the amount of $172,000.00 to support the design
and construction of the O. Winston Link Museum's open storage component, the refurbishment of
authentic station benches, and the restoration and installation of N&W Passenger Station signs;
WHEREAS, the O. Winston Link Museum is located just off 1-581, adjacent to the Hotel
Roanoke, along the Lick Run Greenway, and within a five minute drive of the Roanoke Regional
Airport, which location provides the ability to reach a diverse traveling public;
WHEREAS, the project will potentially foster a destination attraction and will preserve and
provide a new economic function to an architecturally significant structure; and
WHEREAS, City Council and the Metropolitan Planning Organization must endorse an
application prior to submittal to the Virginia Department of Transportation ("the Department") by
the applicant by July 1, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby endorses and requests that the Commonwealth Transportation Board
establish a project to support the design and construction of the O. Winston Link Museum's open
storage component, the refurbishment of authentic station benches, and the restoration and
installation of N&W Passenger Station signs, such project being more particularly described in the
City Manager's letter dated June 16, 2003, to City Council.
2. Pursuant to the Transportation Equity Act for the 21 st Century, the City hereby agrees
to pay a minimum of twenty percent (20%) of the total cost for the design and construction of the
museum's open storage component, the refurbishment of authentic station benches, and the
restoration and installation of N&W Passenger Station signs, and that if the City subsequently elects
to cancel this project, the City hereby agrees to reimburse the Department for the total amount of the
costs expended by the Department through the date the Department is notified of such cancellation.
3. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, all necessary and appropriate agreements with the Department
providing for the programming of such project, such agreements to be in such form as is approved by
the City Attorney.
4. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, a legally binding agreement with the project applicants, the O.
Winston Link Museum of the History Museum & Historical Society of Western Virginia, subject to
their application being approved by the Department, requiring the applicants to be fully responsible
for its matching funds as well as all other obligations undertaken by the City by virtue of the
City/State Agreement, such agreement to be in such form as is approved by the City Attorney.
5. The City Clerk is directed to forward a copy of this resolution to the appropriate
officials at the Commonwealth Transportation Board.
ATTEST:
City Clerk.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
F~x: (540) 853-1145
E-mail: cle~k(~ci.r oanoke.va.us
June 20, 2003
File #441
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Whittington W. Clement, Chair
Commonwealth Transportation Board
1401 East Broad Street
Richmond Virginia 23219
Philip Shucet, Vice-Chair
Commonwealth Transportation Board
1401 East Board Street
Richmond, Virginia 23219
Gentlemen:
I am enclosing copy of Resolution No. 36408-061603 requesting that the Commonwealth
Transportation Board establish an enhancement project for the renovation of the historic
Hotel Dumas to create the Dumas Center for Artistic and Cultural Development, in the
amount of $300,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, June 16, 2003.
Sincerely,
M~. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Wayne G. Strickland, Secretary, Roanoke Valley Area Metropolitan Planning
Organization, 313 Luck Avenue, S. W., Roanoke, Virginia 24010
Theodore J. Edlich, III, Director, Total Action Against Poverty, P. O. Box 2868,
Roanoke, Virginia 24001
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Kenneth H. King, Jr., Manager, Division of Transportation
H:~Agenda.03\June 16, 2003 correspondence (PH's2).wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of June, 2003.
I%. 36408-061603.
A RESOLUTION requesting that the Commonwealth Transportation Board establish an
enhancement project for the renovation of the historic Hotel Dumas to create the Dumas Center for
Artistic and Cultural Development.
WHEREAS, Total Action Against Poverty ("TAP") is requesting Transportation
Enhancement funds in the amount of $300,000.00 to support the renovation of the Historic Hotel
Dumas to create the Dumas Center for Artistic and Cultural Development;
WHEREAS, the renovated historic center will open daily as a cultural tourism destination
featuring the displays and programs of the Harrison Museum of African American Culture,
performances by the Dumas Drama Guild, and music and drama performed by local, regional and
national artists and groups in the 260 seat auditorium on the facility's second floor;
WHEREAS, the Dumas Center for Artistic and Cultural Development is strategically located
to become an extension and enhancement of the tourism that is now concentrated in the vicinity of
the Roanoke City Market and Hotel Roanoke; and
WHEREAS, City Council and the Metropolitan Planning Organization must endorse an
application prior to submittal to the Virginia Department of Transportation ("the Department") by
the applicant by July 1, 2003.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby endorses and requests that the Commonwealth Transportation Board
establish a project for overall renovation and site work for the future Dumas Center for Artistic and
Cultural Development, such project being more particularly described in the City Manager's letter
dated June 16, 2003, to City Council.
2. Pursuant to the Transportation Equity Act for the 21st Century, the City hereby agrees
to pay a minimum of twenty percent (20%) of the total cost for planning and design, right-of-way
acquisition, and construction of this project, and that if the City subsequently elects to cancel this
project, the City hereby agrees to reimburse the Department for the total amount of the costs
expended by the Department through the date the Department is notified of such cancellation.
3. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, all necessary and appropriate agreements with the Department
providing for the programming of such project, such agreements to be in such form as is approved by
the City Attorney.
4. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest respectively, a legally binding agreement with the project applicants, Total Action
Against Poverty, subject to their application being approved by the Department, requiring the
applicants to be fully responsible for its matching funds as well as all other obligations undertaken by
the City by virtue of the City/State Agreement, such agreement to be in such form as is approved by
the City Attorney.
5. The City Clerk is directed to forward a copy of this resolution to the appropriate
officials at the Commonwealth Transportation Board.
ATTEST:
City Clerk.
H:\RESOLUTIONSXR-TEA-21 ~DUMASHOTEL061603 DOC
CITY OF ROANOKE
OFHCE 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
June 16,2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Dr. 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:
Public Hearing On Transportation
Equity Act for the 21 st Century
(TEA-21) Enhancement Projects
Background:
The Transportation Equity Act for the 21st Century (TEA-21) was signed into federal
law June 1998. This action reauthorized the federal surface transportation programs
for six (6) years, from fiscal year 1998 to 2003, replacing the Intermodal Surface
Transportation Efficiency Act (ISTEA). Even though TEA-21 will expire September 30,
2003, Congressional reauthorization is anticipated later this fall to continue this
program in a similar form. The current law provides $215 billion in spending authority
for highways and transit, including $3 billion for transportation enhancement projects.
TEA-21 requires state departments of transportation to set aside 10 percent of their
Surface Transportation Program (STP) allocation each year for transportation
enhancements. This includes activities such as facilities for pedestrians and bicyclists
(such as greenways) and rehabilitation of historic transportation buildings. The Virginia
Department of Transportation (VDOT) held a public meeting regarding the TEA-21
enhancement program in Salem on April 4, 2003, at which citizens and public officials
were able to ask questions and learn more about this program.
Honorable Mayorand Membe~ of City Council
June16,2003
Page 2
Considerations:
Any group or individual may initiate enhancement projects; however, City Council and
the Metropolitan Planning Organization must endorse the applications prior to submittal
to VDOT by the applicant by July 1, 2003. Four (4) enhancement project applications
have been received and are described in Attachments A through D. The
Commonwealth Transportation Board approval of projects is expected to occur after
September 2003.
City Council resolutions that would endorse these project applications also require,
according to VDOT, that the City of Roanoke agree to be liable for a minimum of 20
percent of the total cost for planning and design, right-of-way and construction of the
project, and that, if the City subsequently elects to cancel a project, the City agrees to
reimburse VDOT for the total amount of the costs expended by VDOT through the date
of cancellation of that project. The project funding summaries, including the proposed
source of the local match, is described in Attachment E. An agreement to be executed
between the City and a project applicant will require the applicant to be fully
responsible for the matching funds as set forth in Attachment E and, if the project is
canceled, the agreement will also require the applicant to reimburse the City for all
amounts due VDOT.
Recommendation:
Endorse, by separate resolutions, the project applications which are summarized in
Attachments A through D, and agree to pay the respective percentages of the total cost
for each project (as described in Attachment E) and that, if the City elects to cancel the
project, the City would reimburse VDOT for the total amount of costs associated with
any work completed on these projects through the date of cancellation notice. Also,
authorize the City Manager to execute, on behalf of the City, City/State Agreements for
project administration, subject to approval of project applications by VDOT, and
authorize the City Manager to execute, on behalf of the City, a legally binding
agreement with the project applicants subject to their application being approved by
VDOT, requiring the applicants to be fully responsible for its matching funds (as
described in Attachment E) as well as all other obligations undertaken by the City by
virtue of the City/State Agreement.
Respectfully submitted,
Darlene L. Burcham
City Manager
Honorable Mayorand Members of City Council
June16,2003
Page 3
DLB/KHK/gpe
Attachments
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Kenneth H. King Jr., P.E., Manager, Division of Transportation
CM03-00127
Attachment A
PROJECT-
APPLICANT-
Dumas Center for Artistic and Cultural Development
Total Action Against Poverty (TAP)
Obiective:
Total Action Against Poverty (TAP) is requesting Transportation Enhancement funds in
the amount of $300,000 to support the renovation of the historic Hotel Dumas to create
the Dumas Center for Artistic and Cultural Development.
Project Overview:
The historic Hotel Dumas, located in the heart of the Henry Street district at
108 First Street, N.S., Roanoke is a historic inn being renovated to create the
Dumas Center for Artistic and Cultural Development. This beautifully renovated historic
center will open daily as a cultural tourism destination featuring the displays and
programs of the Harrison Museum of African American Culture, performances by the
Dumas Drama Guild and music and drama performed by local, regional and national
artists and groups in the 260 seat auditorium on the facility's second floor. The Dumas
Center for Artistic and Cultural Development is strategically located to become an
extension and enhancement of the tourism that is now concentrated in the vicinity of the
Roanoke City Market and Hotel Roanoke.
Grant Criteria Met:
This Project relates to 2 of the 12 Transportation Enhancements Funding Categories:
1. Historic Preservation.
2. Rehabilitation and Operation of Historic Transportation Buildings, Structures or
Facilities.
Cost:
TAP is requesting funding through the Transportation Enhancement Program in the
amount of $300,000 in federal funds, to be matched by $75,000 in local matching funds
for a total enhancement grant project cost of $375,000. This will help fund the overall
renovation and site work for the future Dumas Center for Artistic and Cultural
Development.
Note: A copy of the complete application can be obtained from the City's Division of
Transportation by contacting, Kenneth King, Manger, at 853-5471.
Attachment B
PROJECT-
APPLICANT-
The O.Winston Link Museum
The O. Winston Link Museum of the History Museum
& Historical Society of Western VA
Obiective:
The O. Winston Link Museum of the History Museum & Historical Society of Western
Virginia is requesting Transportation Enhancement funds in the amount of $172,000 to
support the design and construction of the museum's open storage component, the
refurbishment of authentic station benches, and the restoration and installation of N&W
Passenger Station signs.
Project Overview:
The O. Winston Link Museum is located just off 1-581, adjacent to Hotel Roanoke, along
the Link Run Greenway, and within a five minute drive of Roanoke Regional Airport. This
location provides the ability to reach a diverse traveling public. This project will potentially
foster a destination attraction and will preserve and provide a new economic function to an
architecturally significant structure. This funding will provide the means to complete three
key components. Open storage will provide the ability to house and display Mr. Link's
photographic works. Restoration of authentic wood benches will add to the atmosphere of
the station and museum. Finally, restoration of two authentic N&W Railway signs that
were once displayed on the exterior of the station will be completed.
Grant Criteria Met:
This Project relates to 3 of the 12 Transportation Enhancements Funding Categories:
1. Historic Preservation;
2. Rehabilitation and Operation of Historic Transportation Buildings, Structures or
Facilities; and
3. Establish Transportation Museums
Cost:
The O. Winston Link Museum of the History Museum & Historical Society of Western
Virginia is requesting funding through the Transportation Enhancement Program in the
amount of $172,000 in federal funds, to be matched by $43,000 in local matching funds for
a total enhancement grant project cost of $215,000. This will help fund the overall project
for the future O. Winston Link Museum..
Note: A copy of the complete application can be obtained from the City's Division of
Transportation by contacting, Kenneth King, Manger, at 853-5471.
Attachment C
PROJECT -
APPLICANT-
Roanoke Passenger Station Renovation
& O. Winston Link Museum
The Western Virginia Foundation for the Arts & Sciences
Operating as Center In The Square
Objective:
The Western Virginia Foundation for the Arts and Sciences (WVFAS) operating as Center
In The Square is requesting Transportation Enhancement funds in the amount of $440,000
to reduce the debt service incurred to complete the renovation of the Roanoke Passenger
Station.
Project Overview:
The Roanoke Passenger Station Project is an ongoing project to renovate the historic
passenger station. The project has received enhancement funds previously and has
awarded and begun construction with a scheduled completion date of September 1, 2003.
The project has received funds from previous enhancement funds, TEA-21 High Priority
Funds, the City of Roanoke, and various private and corporate donations. This additional
funding will ease an extreme hardship on the non-profit sponsor, WVFAS, that has recently
lost operating funds as a result of cuts in State funding.
Grant Criteria Met:
This Project relates to 7 of the 12 Transportation Enhancements Funding Categories:
1. Bicycle and Pedestrian Facilities
2. Scenic Easements and Scenic or Historic Sites
3. Scenic or Historic Highway Program
4. Landscaping and Other Scenic Beautification
5. Historic Preservation;
6. Rehabilitation and Operation of Historic Transportation Buildings, Structures or
Facilities; and
Establish Transportation Museums
Cost:
The Western Virginia Foundation for the Arts and Sciences operating as Center In The
Square is requesting funding through the Transportation Enhancement Program in the
amount of $440,000 in federal funds, to be matched by $88,000 in local matching funds for
a total enhancement grant project cost of $528,000. This will help pay off all or a portion of
the loan utilized to complete the Roanoke Passenger Station.
Note: A copy of the complete application can be obtained from the City's Division of
Transportation by contacting, Kenneth King, Manger, at 853-5471.
Attachment D
PROJECT-
APPLICANT-
Virginia Depot
Roanoke Chapter of the National Railway Historical Society
Through The Roanoke Redevelopment & Housing Authority
Obiective:
The Roanoke Redevelopment and Housing Authority is requesting Transportation
Enhancement funds in the amount of $990,530 to develop construction plans for
restoration of the Virginian Railway Passenger Station and the adjacent property.
Project Overview:
The Virginian Railway passenger station is located at 1406 Williamson Road, S.E. in the
City of Roanoke. The building needs to be revitalized because of its exposure to the
elements. The roof needs to be replaced and new windows are required to protect the
structural integrity of the building. The station is eligible for listing on the National Register
of Historic Places because of its contribution to the railroad industry and its facilitation of
passenger transport to and from Roanoke. This project will develop a master plan for the
station and attached property and construction plans to include interior architectural work,
inclusion of a greenway on the property, landscaping of the property, and mitigation of
highway runoff. Upon completion, the building will be used as a museum and as a place to
house and display the archives of the Roanoke Chapter of the National Railway Historical
Society.
Grant Criteria Met:
This Project relates to 7 of the 12 Transportation Enhancements Funding Categories:
1. Bicycle and Pedestrian Facilities
2. Scenic Easements and Scenic or Historic Sites
3. Landscaping and Other Scenic Beautification
4. Historic Preservation;
5. Rehabilitation and Operation of Historic Transportation Buildings, Structures or
Facilities;
6. Mitigation of Pollution Due to Highway Run-off and Wildlife Protection; and
7. Establish Transportation Museums
Cost:
The Roanoke Redevelopment and Housing Authority is requesting funding through the
Transportation Enhancement Program in the amount of $990,530 in federal funds, to be
matched by $295,360 in local matching funds for a total enhancement grant project cost of
$1,285,890. This will help fund the design and construction effort to restore the Virginian
Railway Passenger Station.
Note: A copy of the complete application can be obtained from the City's Division of
Transportation by contacting, Kenneth King, Manger, at 853-5471.
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ...........................
KENNETH H. KING, JR.
CITY OF ROANOKE-TRANSPORTATION
1802 COURTLAND ROAD NW
ROANOKE VA 24012
REFERENCE: 10155491
02144411
TRANSPORT EQUITY ACT
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
~_day of June 2003. Witness my hand and
~-~m~ssion~-------//7/---expires ___~_--:~_~ZL_~L~_~_ .... -
PUBLISHED ON: 06/08 06/13
TOTAL COST: 382.65
FILED ON: 06/13/03
.................................................. _~ ...........................
Authormzed ~ ' ~
Signatuire :_~/~Jj~/~_~_~~P~_.__~___, Billing Services Representative
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday,
June 16, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor of the Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, in order to consider previously received applications
for federal funds made available through the Transportation Equity Act for the 21st
Century (TEA-21) for transportation enhancement projects in FY 2003- 2004.
Applicants must submit their project applications to the Virginia Department of
Transportation by July 1, 2003, with formal endorsement of the jurisdiction in which the
project would be constructed.
More details of the TEA-21 program are available in the Transportation Division
office at 1802 Courtland Road, N.E., Roanoke, Virginia, phone number 853-2676.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office (853-2541) before 12 Noon, Thursday, June 12,
2003.
Given under my hand this 4th day of June, 2003.
Mary Parker, City Clerk
Notice to Publisher:
Please publish in June 8 and June 13, 2003, editions of The Roanoke Times and in
appropriate issue of the Roanoke Tribune. Publish in box ad format, not a legal ad.
Please send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Kenneth H. King, Jr., P.E., Manager Division of Transportation
Public Works Service Center
1802 Courtland Road, N.E.
Roanoke, Virginia 24012
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday,
June 16, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, fourth floor of the Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia, in order to consider previously received applications
for federal funds made available through the Transportation Equity Act for the 21st
Century (TEA-21) for transportation enhancement projects in FY 2003- 2004.
Applicants must submit their project applications to the Virginia Department of
Transportation by July 1, 2003, with formal endorsement of the jurisdiction in which the
project would be constructed.
More details of the TEA-21 program are available in the Transportation Division
office at 1802 Courtland Road, N.E., Roanoke, Virginia, phone number 853-2676.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office (853-2541) before 12 Noon, Thursday, June 12,
2003.
Given under my hand this /+ch day of June, 2003.
Mary Parker, City Clerk
Publish once in ~ on Thursday, June 12, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Kenneth H. King, Jr., P.E.
Mgr., Division of Transportation
Public Works Service Center
1802 Courtland Road, N.E.
Roanoke, Virginia 24012
(540) 853-2385
MARY F. PARKER, CMC
City Clerk
Roland H. Macher, President
Macher Properties
405 Cambell Avenue, S. W.
Roanoke, Virginia 24011
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: 040) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va~us
July 9, 2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Dear Mr. Macher:
I wish to acknowledge receipt of your communication under date of July 1, 2003, which
was received in the City Clerk's Office on July 8, 2003. You have inquired as to the
procedure to appeal the decision of Roanoke City Council which was rendered on Monday,
June 16, 2003, to affirm a decision of the Architectural Review Board on April 10, 2003,
that no Certificate of Appropriateness be issued for the installation of two dusk-to-dawn
lights at 518 Mountain Avenue, S. W., on the grounds that the proposed installation is not
compatible with the H-2 District and does not enhance those special visual and spatial
qualities that the H-2 District was established to protect.
I am enclosing copy of Section 36.1-643, Appeals, Code of the City of Roanoke (1979), as
amended, which provides that any properly owner aggrieved by any final decision of the
City Council pursuant to Sections 36.1-327 and 3.1-345 may present to the Circuit Court
of the City of Roanoke a duly certified petition setting forth the alleged illegality of the
action of the City Council, provided such petition is filed within 30 days after the final
decision is rendered by the City Council.
If I may provide additional information, please feel free to call me.
With kindest regards.
MFP:mh
Mary F. Parker, CMC
City Clerk
pc:
The Honorable Mayor and Members of the Roanoke City Council
Robert N. Richert, Chair, Architectural Review Board, 415 Allison Avenue, S. W.,
Roanoke, Virginia 24016
Dadene L. Burcham, City Manager
R. Brian Townsend, Director, Planning, Building and Development
Anne S. Beckett, Agent, Architectural Review Board
Martha P. Franklin, Secretary, City Planning Commission
N:\CKMHI\Public Hearings,03\Macher. Appeal of Council's Decision to Support ARB.Lights.wpd
SPAN S
405 Ca~pb~ Avenue, SW · Roanoke, VA 24011 · (540) 344-8850 ° Fax (540) 342 0998
www. spanky-s.coin
July 1st 2003
Ms. Mary Parker CMC
City of Roanoke
215 Church Ave. Sw
Room 456
Roanoke, Virginia 24011
Dear Ms. Parker:
Thank you for your letter of June 19th 2003. Please note my
appeal on this matter.
I will need to know the proceedure on appealing the decision
of counsel to support the ARB decision that my lights were not
compatible.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
June 19,2003
File #249
STEPHANIE M. MOON
Deputy City Clerk
SHEIK4, N. HARTMAN
Assistant City Clerk
Roland H. Macher, President
Macher Properties
405 Cambell Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Macher:
Your petition appealing a decision of the Architectural Review Board to deny a request for
a Certificate of Appropriateness with regard to property located at 518 Mountain Avenue,
S. W., was before the Council of the City of Roanoke at a regular meeting which was held
on Monday, June 16, 2003.
On motion, duly seconded and adopted, based upon evidence, testimony and documents
presented, Council affirmed the decision of the Architectural Review Board on April 10,
2003, that no Certificate of Appropriateness be issued for the installation of two dusk-to-
dawn lights at 518 Mountain Avenue, S. W., on the grounds that the proposed installation
is not compatible with the H-2 District and does not enhance those special visual and
spatial qualities that the H-2 District was established to protect.
Sincerely,/'~~ ~
Mary F. Parker, CMC
City Clerk
MFP:mh
pc:
Robert N. Richert, Chair, Architectural Review Board, 415 Allison Avenue, S. W.,
Roanoke, Virginia 24016
Darlene L. Burcham, City Manager
R. Brian Townsend, Director, Planning, Building and Development
Anne S. Beckett, Agent, Architectural Review Board
Martha P. Franklin, Secretary, Architectural Review Board
H:~Agenda 03\June 16, 2003 correspondence (PH).wpd
SPANKS,
4 5('~ [ c Axe ' Nkk · '~ an kc, V\ 24011 · 1540~'448~50 · Fax[~40~ 4209)8
www.spallky-s.com
Grounds for appeal
the dust to dawn lights that were on the property had been there for over
10 years and at one time or another they had to be approved.
There are numerous sites in old Sw that have the Dust to dawn lights
and there should be no discrimation for the use of these lights from one
owner to another.
It was requested that they be taken down. On several occasions I asked
what would be appropriate and was not told anything.
However, at one point. I was told by the ARB that what could be approved
was spot lights. The lights needed to be put under the soffitt. We did this
however, could not be put under the soffitt due to the height and the effect
of the lights.
This property was burned out and there are issues in the area. A retired
home needing security.
I asked the ARB for an approved list or types of lights that could be
put on the property however this list of examples was not given to me.
There are lights, spots ali over the ARB designated area, including
city buildings on the market.
However, this was not approved for some unknown reason. This is an
act of discrimination.
I hope that this is approved.
RHM
VIRGINIA:
IN THE COUNCIL OF THE CIT~v~%~w~K~p~,~9,~'~
IN THE MATTER OF )
)
)
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the
Architectural Review Board under Section 36.1-642(d) of the
Zoning Ordinance of the Code of the City of Roanoke
(1979), as amended.
1. Name of the Petitioner(s): ~o ~ ~. /~
2. Doing business as (if applicable): /%9~C~ P2~¥~
3. Street address of property which is the subject of this
appeal:
4 o
Overlay zoning (H-i, Historic District or H-2,
Neighborhood Preservation District) of property or
properties which is the su~je,ct o~t~his appeal:
5. Date the hearing before the Architectural Review Board
was held at which t~e~s~ being appealed was made
Section of the Code of the City of Roanoke under which
the Certificate of Appropriateness was requested from
the Architectural Review Board (Section 36.1-~27,, if
H-l, or Section 36.1-345, if H-2): ~ ~ ~ ~,~
Description of the request for which the Certificate
Appropriateness was sought from the Architectural
Review Board: ·
/
Grounds
for appeal:
Name, title, address and telephone number of person(s)
who will represent the
_ Pe. titione, r(s) before Cit~[
Council: ~ o1-~%~])
WHEREFORE, your Petitioner(s) requests that the action
of the Architectural Review Board be reversed or modified
and that a Certificate of Appropriateness be granted.
S~gnat~r~ uf Owner(~s)
(If not P~titioner(s)):
Name:
(Print or Type).
Signature of Petitioner(s)
or, where applicable,
representative(s):
Name:
(Print or Type)
Name:
(Print or Type)
Name:
(Print or Type)
TO BE COMPLETED BY CITY CLERK:
Date: ~ ['- ~ '~3
Roanoke Architectural Review Board
Request for Certificate of Appropriateness
Phone:
Description of Wort(:
Include details; of construclion, dimension~, and the materials thai will t~ t~m:l. Attach &upporling information
Tax Parcel Number~
Zoning District
Overlay dlctrict: [] H1
Other eppmvats needed:
[] Z0n~r~ Pern~
[] Building Permit
Approval By: [] ARB
Approwd:
[] Agent
Agerll, Arc;hitecturai Review Board
Certificate Number;
SPANI S
Members of the ARB
Attached are photos that I took in and around old SW that you ehould
review.
A
Are all the illegal lights that, I indeed have been singled out
for. If it is felt that I should changed my lights that bare been
Mlould be put in place for all the i)tber lights that are illegal.
Including the power company who puts dust to dawn 15gbts.
IT COI!I,I) Iii': TAKEN TItAT A I,I,;VEI. OF I)ISCRiMINATION 1¼ 'IAKINt: PLACId.
I,ib, bts that are proposed lot tile house. There are lip, his like
this ;~round old SW. Verbally proposed to the ARB
C A~tual lights replaced tile dust to dawn.
I). Painting of }louses In oJd SW. 'l'b,'se colors do not seem
be ~el) l ica oi tile time period ol these homes.
/~
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
May 15, 2003
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
I am enclosing copy of a petition for appeal filed by Roland H. Macher, President, Macher
Properties, of a decision of the Architectural Review Board with regard to property located
at 518 Mountain Avenue, S. W. The petition was filed in the City Clerk's Office on Monday,
May 12, 2003.
Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended,
provides that any property owner aggrieved by any decision of the Architectural Review
Board may present to the City Council a petition appealing such decision, provided such
petition is filed within 30 days after the decision is rendered by the Board. The Council
shall schedule a public meeting and render a decision on the matter within 60 calendar
days of receipt of the petition. Council may reverse or modify the decision of the
Architectural Review Board, in whole or in part, or it may refer the matter back to the Board
or affirm the decision of the Board.
With the concurrence of Council, I will include the petition for appeal on the Monday,
June 16, 2003, City Council agenda at 7:00 p.m., in the Council Chamber.
With kindest regards, I am
Mary F. Parker, CMC
City Clerk
MFP:mh
N:',CKMHl',Agenda:03~Macher. Pefltion for Appeal.wpd
The Honorable Mayor and Members
of the Roanoke City Council
May 15, 2003
Page 2
Enclosure
pc:
Roland H. Macher, President, Macher Properties, 405 Campbell Avenue, S. W.,
Roanoke, Virginia 24016
Valerie Eagle, President, Old Southwest, Inc., 1225 3rd Street, S. W., Roanoke,
Virginia 24016
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Rolanda B. Russell, Assistant City Manager for Community Development
Robert B. Townsend, Director, Planning, Building and Development
Martha P. Franklin, Secretary, City Planning Commission
N:\CKMHI\Public Headngs.03\Macher. Petition for Appeal.wpd
SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF
ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR
A CERTIFICATE OF APPROPRIATENESS TO INSTALL TWO (2) DUSK-TO-DAWN
LIGHTS AT 518 MOUNTAIN AVENUE, S.W.
"Based upon the evidence (testimony and documents) presented to this Council at
to~aring, I move that the dec,sion of the City of Roanoke Architectural Review Board
3>ffApril 10, 2003, be affirmed and that no Certificate of Appropriateness be issued for the
L//qnsta~lation of two (2) us~-~-to~dawn lights at 518 Mountain Avenue, S.W., as set forth in the
Request for Certification of Appropriateness dated March 27, 2003, on the grounds that the
proposed installation is not compatible with the H-2 District and does not enhance those
special visual and spatial qualities that the H-2 District was established to protect."
Or
SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF
ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST
FOR A CERTIFICATE OF APPROPRIATENESS TO INSTALL TWO (2) DUSK-TO-
DAWN LIGHTS AT 518 MOUNTAIN AVENUE, S.W.
"Based upon the evidence (testimony and documents) presented to this Council at
today's hearing, I move that the decision of the City of Roanoke Architectural Review Board
on April 10, 2003, be reversed and that a Certificate of Appropriateness be issued for the
installation of two (2) dusk-to-dawn lights at 518 Mountain Avenue, S.W., as set forth in the
Request for Certification of Appropriateness dated March 27, 2003, on the grounds that the
proposed installation is compatible with the H-2 District and enhances those special visual
and spatial qualifies that the H-2 District was established to protect."
H:/BZAXMOT1ONS.518 MOLrNTAiN AVE DOC
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: ($40) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
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
June 16,2003
Dear Mayor Smith and Members of City Council:
Subject:
Macher Properties Appeal of
Architectural Review Board Decision
518 Mountain Avenue, S.W.
Background:
Mr. Roland Macher applied for a Certificate of Appropriateness on July 28, 2002,
for exterior improvements to his property at 518 Mountain Avenue, S.W. The two-
story frame dwelling had sustained fire damage and he proposed to construct a
front porch and replace the windows and doors.
On August 8, 2002, the Architectural Review Board (ARB) considered the
request. Board members expressed concern that the proposal lacked sufficient
detail and needed more work. Mr. Macher agreed to have the matter tabled until
the September 12, 2002, meeting. Board members also expressed concern
about two dusk-to-dawn lights on the front of the house. Mr. Macher agreed to
remove the lights as part of his application.
At its September 12, 2002, meeting, the ARB approved an amended application
to construct the front porch. Prior to this meeting, Mr. Macher had removed the
dusk-to-dawn lights.
Once the work on the front porch was completed, Mr. Macher reinstalled the two
dusk-to-dawn lights. Ms. Anne Beckett, ARB Agent, advised Mr. Macher that the
lights were installed without a Certificate of Appropriateness (an electrical permit
was not required). She advised that the lights would need to be removed and
provided recommendations for light fixture designs that would be more
appropriate.
On Mamh 27, 2003, Mr. Macher submitted an application for a Certificate of
Appropriateness for the two new motion detector floodlights that he had installed
as replacements for the two dusk-to-dawn lights. The matter was scheduled for
April 10, 2003, ARB agenda. Mr. Macher was not present for the ARB meeting.
The ARB considered his application and the motion to approve the request failed
by a 0-6 vote because the floodlights are not consistent with the H-2 Architectural
Design Guidelines (see minutes: Attachment A).
Considerations:
The Architectural Design Guidelines adopted by the ARB and endorsed by City
Council state that historic light fixtures are an important part of a building's
architectural character and that excessive light intensity and glare detract from
the residential character of the H-2 district. The guidelines recommend the
following considerations when installing new lighting:
Choose a compatible light fixture from a commercial manufacturer if a
suitable replacement cannot be found. Unless a design is specifically
appropriate for your building, choose a light fixture that is simple and
unobtrusive.
Limit the exterior lighting of residential buildings to that necessary for
convenience and safety. In most instances, traditional porch lighting is
adequate.
Install security lighting at the perimeter of the house or garage only when
necessary. Limit motion-sensitive and dusk-to-dawn security lighting to areas
not visible from the street frontage. Use only Iow-voltage lights close to the
house to avoid harsh shadows.
The ARB determined that the proposed lights were not consistent with these
design guidelines and the request was denied. Mr. Macher was notified of the
denial and of his right to appeal to City Council by letter dated April 11,2003.
Mr. Macher filed an appeal of the Architectural Review Board's decision on May
12, 2003 (Attachment B). Because the end of the 30-day appeal period fell on a
Saturday, the appeal was accepted 32 days after the decision.
Recommendation:
The Architectural Review Board recommends that City Council affirm the ARB's
decision to deny the issuance of a Certificate of Appropriateness.
Sincerely,
· hert, Chairman
Architectural Review Board
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Director, Planning Building and Development
Anne S. Beckett, Agent, Architectural Review Board
SPANKS,
4 5Ca ~p c A~c c,Y,W · ~ : kc.V\ 240 · (54 344-8850 · Fax15401342-0998
www. spanky-s.com
Grounds for appeal
the dust to dawn lights that were on the property had been there for over
10 years and at one time or another they had to be approved.
There are numerous sites in old Sw that have the Dust to dawn lights
and there should be no discrimation for the use of these lights from one
owner to another.
It was requested that they be taken down. On several occasions I asked
what would be appropriate and was not told anything.
However, at one point. I was told by the ARB that what could be approved
was spot lights. The lights needed to be put under the soffitt. We did this
however, could not be put under the soffitt due to the height and the effect
of the lights.
This property was burned out and there are issues in the area.
home needing security.
A retired
I asked the ARB for an approved list or types of lights that could be
put on the property however this list of examples was not given to me.
There are lights, spots all over the ARB designated area, including
city buildings on the market.
However, this was not approved for some unknown reason. This is an
act of dSscrimination.
I hope that this is approved.
RHM
City of Roanoke Architectural Review Board
Page 3
August 8, 2002 /
/
Anne Beckett gave the staff report. She said that staff f, elt the sign material and location
were correct, however, the guidelines called for limiti,~ the number of signs for each
upper-story business to two of the following sign tyl~s: one directory or hanging sign
adjacent to the upper-floor entry; one painted win.~'ow sign in an upper-story w ndow.
She said the building would allow four tenants u~stairs and a directory may be
necessary. She said the concern was that if y~ allowed this sign for a sing e tenant,
there would be no room for a sign for the otl~r tenants. Ms. Beckett further noted that
vinyl lettering would be allowed on the glas~ door front.
Mr. Richert commented on the potentia er with four, upper-story tenants and
asked if there had been any with the owner about the possible needs of
the other tenants.
Mr. Kinsey said he had atter
however, he lived out of town
Mr. Richert asked for
et the information from the building owner,
he had not been able to find out anything.
the audience. There were none.
He then asked for further
comments.
Mr. Harwood said that building owner seemed to be painting himself into a corner.
He said that the gn should identify the main building and that a directory
should be applied t or be a wall plaque. He said the owner might want to be
apprised of the sit ~tion that is coming when another tenant moves in.
Mr. Rider said ~ he did not have a problem with other suggestions, but he needed to
identif, was.
Mr. Ric
rather
on the
the pr~
until
~ Board usually suggested that applicants request a continuance
for a vote and risk denial. He said that the request could be continued
that Mr. Rider and Mr. Kinsey would talk with the owner and explain
He said that if the applicant did not object, the matter would be tabled
month to see if something could be worked out.
Mi
said he had no problem with that.
was made by Mr. Manetta, seconded by Mr. Schlueter and approved 4-0-1, to
~le the matter until the Board's September meeting.
Request from Roland Macher, represented by John Brown, for a Certificate of
Appropriateness approvinq exterior modifications to the structure at 51~
Mountain Avenue, S.W.
City of Roanoke Architectural Review Board
Page 4
August 8, 2002
Mr. Macher appeared before the Board and stated that the structure had suffered
extensive fire damage on the left side about three weeks ago and he needed to replace
the decks. He said he had worked with staff and felt he had a plan the Board would
like.
Mr. Richert asked if Mr. Macher was only bringing forward the modifications to the front
of the building.
Mr. Macher said he was bringing forward the porches on the front. He said that the
plan was to paint the porches to match the trim of the house.
Mr. Talevi questioned which drawings the Board was being asked to act upon. He said
that drawings had been attached to the application and other drawings had been
submitted to the Board at the meeting.
Mr. Macher said that the new drawings submitted at the meeting were the ones that the
Board was being asked to act upon.
In looking at the drawings, Mr. Richert stated that the railing on both floors was to be
solid all the way across.
Mr. Macher said he understood that. In response to a comment about flooring, he said
that the tongue and grobve flooring would be installed and painted.
Mr. Richert commented on the lack of steps down the side for the first floor porch and
questioned whether the door was inside the doorway on the right.
Mr. Macher said that it was.
Mr. Richert also commented on the lack of roof on the second floor porch, the difficulty
in constructing a roof, and the potential maintenance issues.
Mr. Macher said he did not mind coming back with a roof at a later time.
Mr. Harwood asked Mr. Macher if he was sold on having a second floor deck.
Mr. Macher explained that the house contained four units and the upstairs housed a
large apartment. He said that staff had recommended the deck be kept inside the trim.
Mr. Harwood said that if a second floor porch was desired, he would suggest a roof, but
also suggested a new type of synthetic tongue and groove material.
Mr. Richert said that it appeared to him that the proposal needed a little more work. He
suggested consultation with one of the Board's architects for suggestions on the
porches. He said that the Board wanted to work toward improvement, which would take
City of Roanoke Architectural Review Board
Page 5
August 8, 2002
some professional contribution. Mr. Richer[ also commented on the dusk-to-dawn
lights, which he said were not acceptable and needed to be replaced with something
else. He suggested Mr. Macher come back with more details.
Mr. Macher said he did not mind tabling the matter and coming back in September.
Mr. Marietta suggested that there had originally been a porch across the front of the
structure and said it would be a good improvement to the rest of the street if a
traditional porch was put back on the front of the building.
Mr. Manetta moved to table the matter until September. The motion was seconded by
Mr. Prescott and approved 5-0.
Request from Gonzalo and Emma Lee Gouffray for a Certificate of
Appropriateness approving] application of vinyl sidi'n.q at 376 Albemarle Avenue,
S.W. '
Mrs. Gouffray appeared before the Board and said the design of the house was from
1893 and questioned whether the building was historically significant in this
neighborhood or any other neighborhood or was it just a 110-year-old building with
some interesting details. She said that she and her husband had owned the building
for 21 years and had invested between $40,000 and $50,000 in it. Mrs. Gouffray said
that the building had been covered in stucco in the 1930s or 40s and the question had
arisen as to whether it had been covered because it was deteriorating or because it
could not be maintained. Mrs. Gouffray said that the stucco had been removed and
she did not find the elements to be attractive. She said that she and her husband
compared the structure to "an old lady with wrinkles." She said there were many
alternatives that could be considered but few within their financial means. She said
she would like the Board's support in letting them clad the entire building with vinyl,
including those elements that others find architecturally important. She said that she
was not suggesting the elements be removed, just covered.
Mr. Richert said that when the Gouffrays had appeared before the Board last month,
the Board had approved the removal of the stucco. He asked for an explanation of why
they had proceeded to apply the siding.
Mrs. Gouffray said that there were big holes in the clapboard and it had been raining.
Mr. Manetta questioned the work being done without a building permit and Mr. Chittum
advised that no building permit was required for siding or roof replacement. Mr.
Manetta voiced his concern and said that should be changed. Mr. Talevi advised that
could not be changed by legislation and the Board should consider the Certificate of
Appropriateness issue.
Mr. Manetta asked Mrs. Gouffray if the contractor had proceeded without permission.
City of Roanoke Architectural Review Board
Page 2
September 12, 2002
There being none, he asked for all those in favor of the revised application. The
request was approved by aX/~te of 4-0.
3. Request from Sands W~dy, represented by Bob Kinsey Enterprises, for a
Certificate of Appropriateht~ss approvinq a projecting siqn at 311 Market Street,
S.E___~. the appliXacan~ ' '
Mr. Richert advised that d requested a continuance.
4. Request from Roland Macher, represented by John Brown, for a Certificate of
Appropriateness approving exterior modifications to the structure at 518
Mountain Avenue, S.W.
Mr. Macher appeared before the Board. He commented that he was having wood
milled, while the previous applicant was being allowed to install vinyl.
Mr. Macher said he had had an architect look at his porch and he had decided not to
put a roof on the porch. He said that at the last minute, someone told him there had
been a wraparound porch on the structure and now he wanted a wraparound on the
lower porch. He said that tongue and groove flooring would be placed on the concrete.
He also said he had found a door that matched the lower door.
Mr. Richert thanked Mr. Macher for removing the dusk-to-dawn light.
Mr. Schlueter asked if the roof over the porch in the front was going to remain.
Mr. Macher responded that it would stay. He also said he would be installing newel
posts.
Ms. Beckett said she recommended approval.
Mr. Marwood Harris (Washington Avenue) appeared before the Board and said there
was at least one other identical property in the area with a second floor roof porch.
Mr. Richert asked for further comments.
Ms. Blanton asked if anything being done would preclude replacing the shed roof porch.
Ms. Beckett said it would not.
Mr. Richert said that there were porches like that in the neighborhood on more
substantial houses. He also noted that the applicant had submitted an amended
diagram which called for a motion.
Mr. Marietta moved to approve the request as amended. The motion was seconded by
Ms. Blanton and approved 4-0.
City of Roanoke Architectural Review Board
Page 6
April 10, 2003
Mr. P~
were
contrib~
said that he did not think the Board should fo(;us on this building as if it
g structure. He said that this structure was a replacement of a
ng structure.
There
no further discussion, the matter was continued until next month.
10
from Ten East Church, LLC, represented by David Bandy, for a
]riateness approving exterior modifications to the structure at
i Avenue S.E.
Mr. Richert advi that the Board had a problem with applications that were incomplete
when submitted cut-off date. He said that incomplete submittals did not give the
Board time for ~d he advised that in the future, those submitting incomplete
applications would find difficult to get on the agenda.
Mr. Bandy appeared
would be renting space in
Mr. Bandy discussed the
He talked about the Cer
He also discussed the butt c
aluminum clad wood wind(
the existing; however, he added
the existing trellis system. Mr.
leased to a barber shop, which
asked for questions.
Ihe Board and stated that he had a potential client who
ir building, but had additional window and entrance needs.
alterations to the 10 East Church Avenue building.
elevation and the location of the door and windows.
entry system as well as the size of the double hung
s. He noted the type of window proposed matched
:there would be a shorter window necessitated by
said that the front of the building was currently
~ot be accessible to the new tenants. Mr. Bandy
Mr. Harwood said he thought the ~
in keeping with the original concept.
Mr. Richert asked for questions.
Mr. Chris Chittum asked for clarification on whet~er a sunshield would be needed over
the new entrance. ~
Mr. Bandy responded he did not know that yet. ~
There being no further discussion, Mr. Richert asked for'~veryone in favor of the
request to vote by saying aye. The request was approve(~6-0.
Request from Roland Macher for a Certificate of Appropriateness approvinq
installation of motion detectors at 518 Mountain Avenue, S.W.
Mr. Macher was not in attendance to present the request.
Mr. Richert said that the request was more of a compliance issue. He said that the
flood lights with motion detectors had already been installed and in his opinion were
City of Roanoke Architectural Review Board
Page 7
April 10, 2003
unacceptable. He said that it was his understanding that the Certificate of
Appropriateness issued in August, 2002, approved the removal of the lights and
conduits and he suggested staff proceed with having that happen.
Mr. Marietta asked Mr. Richert if he intended to have the Board vote on the request.
Mr. Richert said that he did. He said the request was inconsistent. He asked for all
those in favor of the request to vote by saying aye. There were no votes in favor of the
request. He asked for all those opposed. Everyone voted in opposition. Mr. Talevi
asked for a roll call vote. The following vote was taken:
Mrs. Blanton - no
Mr. Harwood - no
Mr. Manetta- no
Mr. Prescott- no
Mr. Schlueter- no
Mr. Richert- no
The request was denied.
There being no further discussion, the meeting adjourned at 5:14 p.m.
VIRGINIA:
IN THE COUNCIL OF THE CI~¥~_~..!K~K~,~.~F~2.~~
IN THE MATTER OF
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the
Architectural Review Board under Section 36.1-642(d) of the
Zoning Ordinance of the Code of the City of Roanoke
(1979), as amended.
1. Name of the Petitioner(s): ~ ~D /~.
2. Doing business as (if applicable): /i~C~
Street address of property which is the subject of this
appeal:
Overlay zoning (H-i, Historic District or H-2,
Neighborhood Preservation District) of property or
properties which~is the~.$~ ~subje~ct o%~.~_~peal:
Date the hearing before the Architectural Review Board
was held at which thee d~~ being appealed was made:
6 o
Section of the Code of the City of Roanoke under which
the Certificate of Appropriateness was requested from
the Architectural Review Board (Section 36.1-~27,, if
H-l, or Section 36.1-345, if H-2): ~ ~ ~,~
Description of the request for which the Certificate
Appropriateness was sought from the Architectural
Review Boated: · ~
/
Grounds for appeal:
;
Name, title, address and telephone number of person(s)
who will repres~ent the Pgtitione. r(s) before City
Council:
WHEREFORE, your Petitioner(s) requests that the action
of the Architectural Review Board be reversed or modified
and that a Certificate of Appropriateness be granted.
' ~'i'ghator~ o-f owner{,s)
(If not P~titioner (-s)
ame:
(Print or Type)..
Signature of Petitioner(s)
or, where applicable,
representative(s):
Name:
(Print or Type)
Name:
(Print or Type)
Name:
(Print or Type)
TO BE COMPLETED BY CITY CLERK:
Received by: ~)'~ ~7~' ~l~''~-
Date: ~ ~- [2 -~3
Roanoke Architectural Rev. iew Board _ . .
Request.f°r Certificate! of Appropriateness ~~!:
..
~ Rep~oen~t~e (contra~or oragent):
Ad0~:
Description of Wort(:
Include details of c~nstruclion, dimension~, and I~ meleHals thet ~11 ~ u~L Alta(~ ~u~inU info~ion
5e~ion be/ow to be ~mpleted by st~
Tax Parcel Number.
Zoning District:
Ove[tay 01¢t~c~: [] H1
Other eppmvaL~ needed:
[] Zoning Perrnll
["] Building Pen"nfl
[] C~hef
Approval By: [] ARB [] Agent
Aoenl. Architectural Review Board
Certificate Number;
SPANIiY S
405 Campbell Avenue SW .RfanPeo~Oet*www!i~p!~)i~'fj;!!n~m}t'~44 8850 · Fa.x (540)342 0998
Members of the ARB
Attached are photos that I took in and around old SW that you ~hould
Are ali the illegal lights that, I indeed have been singled out
for. If it is felt that I should changed my lights that have been
there lot over ]4 years. Than :~ct~on letters and legal acts
should be put in place for ali the other lights that are illegal.
including the power company who puts dust to dawn lights.
IT CO1~13) BE TAKEN THAT A LEVEl, O1: DISCRIMINATION IS 'I'AKIN(: PLACE.
I,ights that are proposed for the house. There are lights hike
this around old SW. Verbally proposed to the ARB
C Actual lights replaced the dust to dawn.
replica of the time period {)1 these homes.
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@¢i.roanoke.va.us
June 19, 2003
File #249
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert N. Richert, Chair
Architectural Review Board
415 Allison Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Richert:
A petition appealing a decision of the Architectural Review Board, for a Certificate of
Appropriateness, filed by Dana A. Walker, General Manager, H & W Properties, LLC, with
regard to property located at 702 Marshall Avenue, S. W., was before the Council of the
City of Roanoke at a regular meeting which was held on Monday, June 16, 2003.
On motion, duly seconded and adopted, the matter was referred back to the Architectural
Review Board, pursuant to Section 36.1-642(d), Code of the City of Roanoke (1979), as
amended.
MFP:mh
pc:
Sincerely,
CMC
City Clerk
John R. Patterson, Attorney, First Union Building, 213 South Jefferson Street, Suite
910, Roanoke Virginia 24011
Darlene L. Burcham, City Manager
R. Brian Townsend, Director, Planning, Building and Development
Anne S. Beckett, Agent, Architectural Review Board
Martha P. Franklin, Secretary, Architectural Review Board
H:~Agenda.03~June 16, 2003 correspondence (PH).wpd
VIRGINIA;
IN THE MATTER OF
IN THE COUNCIL OF THE CITY OF ROANOKE
PETITION FOR APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City
of Roanoke (1979), as amended.
1. Name of Petitioner(s): H ~ W Properties LLC
2. Doing business as (if applicable): (Same)
Street address of property which is the subject of this appeal:
702 Harsha11 Avenue SW
Overlay zoning (H-l, Historic District, or H-2, Neighborhood Preservation
District) of property(les) which is the subject of this appeal: H-2
Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: Hay 8, 2003
Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.1-327 if H-1 or Section 36.1-345 if H-2): 36.1-345
Description of the request for which the Certificate of Appropriateness was
sought from the Architectural Review Board:
Installation of vinyl siding and corner boards
Grounds for appeal:
Sec 36.1-345 does not require a certificate of
appropriatemess as long as the materials are of the
same design. The original request to the ARB was
modified to incoroorate the use of the same design materials
per page 8 of the hearing minutes.
Name, title, address andtelephone numberofpe~on(s)who will
mpmsentthe Petitioner(s) be~m City Council:
John R. Patterson, Attorney, First Union Building
213 South Jefferson Street Suite 910
Roanoke VA 24011 342-5157
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name:
(print or type)
Name:
(print or type)
Signature of Petitioner(s) or
representative(s), where
Dana A. Walker
Name: H & W Properties~ LLC
(print or type)
General Manager
Name:
(print or type)
Received by: ~~ ~ Date:
',05/15/2003 16:14 540B531230 PLANNING PAGE 01/01
Ncxtlfage LivePublish Page 1 of 1
Sec. 36.1-345. District regulations; certificate of appropriateness.
(a) In order to encourage the preservation and enhancement of the district and encourage the rehabilitation
and new construction in conformance with the existing sc, ale and character of the district, the architectural review
board shall review and approve the erection of new buildings or structures, Including signs, the demolition,
moving, reconstruction, alteration or restoration, of existin9 structures and buildings, or reduction in their floe?
area, including the enclosure or removal of a porch. No such erection, demolition, moving, reconstruction,.
alteration, restoration, or enlargement or reduction of a structure, or building, shall be undertaken without the
issuance of e certificate of appropriateness by the board, unless otherwise speciliad herein,
(b) The painting or ordinary maintenance of any building, structure or historic landmark in the district shall not
require a certificate of appropriateness. Ordina~j maintenance shall be any activity relating to a building,
structure, or landmark which constitules e minor alteration of any element of a building, structure, or landmark,
and which is, or should be, performed on a regular and relatively frequent basis to maintain architectural and
structural integrity.
(c) The installation or replacement of siding, or the replacement of porches, slaira, awnings, roofing materials,
windows, or other similar modifications to an element of a building, structure, or landmark shall not require a
certificate el apprcpriateness, provided that such installation or replacement is performed using materials which
are of the same design as those on the building, sb'ucture or landmark, and provided that such installation or
replacement maintains the architectural defining features of the building, structure or landmark.
(d) The determination of whether an activity constitutes ordinary maintenance, or whether an installation or
modification otherwise requires a certificate of appropriateness, under this section shall be made by the zoning
administrator in consultation with the secretary to the. architectural review board.
(e) Whenever a certificate of appropriateness is required, no building permit shall be issued until the certificate
of appropriateness has been granted, The zoning administrator shall make routine inspecbons of the work being
performed pursuant to such building permit to ensure compliance with the terms of the certificate of
appropriateness.
(f) This section shell not prevent the demolition or razing of abuilding, structure, or historic landmark which the
building maintenance cede offiaiel certifies in writing is required for public safety because of an unsafe or
dangerous cenditien.
(g) After an area has been zoned H-2, the architectural review board may recommend to the city planning
commission that more specific regulations be adopted for that particular district. This section shall be amended as
provided for in section 36.'1-690, et seq,
(Ord. No. 28611, § 2, 4-27-87; Oral. No. 31177, § 1, 9-28-92; etd, No. 35368, § 1, 5-21-
http://~ivepub~ish~munic~de~c~m/19/~pex~d~/~nf~base49/~/2c9a/2f~/32ba/33~/33~=ta~: 5114/2003
Dana Walker
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 12, 2003
H & W Properties, LLC
213 Jefferson Street, S.W., #1007
Roanoke, VA 24011
Dear Mr. Walker:
Subject: Application for a Certificate of Appropriateness
Certificate No. 03-011,702 Marshall Avenue, S.W.
On May 8, 2003, the Architectural Review Board qf the City of Roanoke
Virginia, considered your request for installation of vinyl siding on the building at
702 Marshall Avenue, SlWll and a Certificate of Appropriateness was denied.
The Board found that the installation of the siding would not maintain the
architectural defining features of the building and was not appropriate.
If you are aggrieved by this decision of the Architectural Review Board,
you have the right to appeal the Board's decision to City Council within 30 days
of the date of the decision. Information on the appeals process is enclosed.
Please contact Anne Beckett a call at 853-1522 if you have additional questions.
Sincerely,
Mar[ha P. Franklin, Secretary
City Architectural Review Board
/f
enclosure
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-maih planning~ci.roanoke.va.us ' ~
Board of Zoning Appeals
City of Roanoke Architectural Review Board
City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building
May 8, 2003 - 4:00 p.m.
A~END~., .-'
Call to Order.
Welcome to the May meeting of the City of Roanoke Architectural Review Board. Each application on the
agenda will be heard separately and in the order in which it appears. If you wish to be heard on a
particular matter, please be recognized in turn and then approach the podium so that the Board's
secretary may record the proceedings accurately.
Il. Approval of Minutes: April 10, 2003
III. Old Business:
Request from Waiter and Walter Properties, LLC, represented by Walt Derey, for a Certificate of
Appropriateness approving exterior modifications to house and garage at 433 Albemarle Avenue,
IV.
Request from 123 East Campbell Avenue Associates, represented by Robed Szathmary, for a
Certificate of Appropriateness approving light fixtures at 123 Campbell Avenue, S.E.
Request from Physicians Associates of Virginia, represented by D. Baker & Co., Inc., for a
Certificate of Appropriateness approving roof and soffit modifications at 1310 Third Street, S.W.
(Request to continue until June meeting)
New Business:
Request from 123 East Campbell Avenue Associates, represented by Robert Szathmary, for a
Certificate of Appropriateness approving rear wall modifications at 123 Campbell Avenue, S.E.
Req~Jest from H & W Properties, LLC, represented by Dana Walker, for a Certificate of
Appropriateness approving installation of vinyl siding and corner boards on structure at 702
Marshall Avenue, S.W.
Request from 10 East Church Avenue, LLC, represented by David L Bandy, for a Certificate of
Appropriateness approving three signs at 10 Church Avenue, S.E.
Request from Faison Roanoke Office, Ltd., represented by Jason Bentley, for a Certificate of
Appropriateness approving replacement signage at 10 Jefferson Street, S.E.
Request from Sherwin Jacobs, represented by Tom and Darrin Beck, approving light fixtures at
309 Market Street, SE.
Effods will be made to provide accommodations, based on individual needs, for qualified individuals with disabilities, provided that reasonable
advance notification has been received.
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-I 730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
Dear Property Owner and/or Applicant:
Your request for a Certificate of Appropriateness will be heard by the
Architectural Review Board as set out on the enclosed agenda. Your attendance at the
meeting is required in order for the Board to make an informed decision on your
application. If you have a contractor or other representative, they are welcome to attend
the meeting with you.
Sincerely,
Martha P. Franklin, Secretary
Architectural Review Board
/f
enclosure
,05/28/2003 15:17 5408531230
PLANNING
702 Marshall Avenue, SW - H-2 District
PAGE 01/05
B. H&W Properties, LLC represented by Dana Walker, for a Certificate of "~""*
Appropriateness approving installation of vinyl siding and corner boards on t .........
Project Background and Description:
The project to install vinyl siding was commenced w~thout a Certificate of Appropriateness.
Staff advised Mi-~ Walker to stop work on thc project until ARB review.
Findings
The vinyl siding does not match thc size and shape of tho existing wood siding. The
building, which conta~as five rental units, is in fair condit/on, and is in need of
maintenancc and repair work to improve its appearance. For instance, the existing front
porch consists of 6-in. x 6-in. posts on a concrete pad with a shed roof covered with
asphalt shingles.
The H-2 Architectaral Guidclin% recommends the following:
Do not replace sound historic siding with new materials to actdevc an "improve, d"
appearance.
Historic wood siding is a distinct/ye feature of many Roanoke residences and help
to define the visual characteristics ofa building~
Changing or coveting siding can often alt,r or destroythe authentic character of a
building.
Both new and ~toric siding requires periodic maintenance to give a building
· proper weather protect/on.
Retain existing sid/ng: Identify and keep thc original exterior siding materials as
well as any un/que siding.
Staff Comments:
I reviewed the proposed request and recommend denial of the vinyl siding application
because the wood siding appears in good cond/tion, is a character defining featur~ to thc
house and neighborhood, and the vinyl siding does not match the size and shape o£the
existing wood siding. The proposed project is not consistent with the H-2 guidelines
because it is being installed improperly on a building that still retains its historic features.
· 05/28/2003 15:17 5408531230 PLANNING PAGE 02/05
Architectural Review Board
Page 5
MayS, 2003 DRAFT
3. Reouest from 123 East Campbell Avenue Associates, represented by
Robert Sza[hmarv, for a Certificate of AI313roDriateness apprevinQ
fixtures of 123 Campbell Avenue, S.E.
Request from t23 East Campbell Avenue Associates, represented by
Robert Szathmarv. for a Certificate of AoDroeriateness aDDrovine rear wall
modifications at 123 Campbell Avenue, S F,
Mr. Szathmary was not in attendance to present the requests. The Board moved
both items to the end of the agenda. Mr. Szathmary still was not in attendance at
the an. ti of the agenda; therefore, the Board continued the matters until their June
meeting.
4. ~e~uest H & W Properties. LLC. represented by Dana Walker, for n
. Certificate of Appropriateness apprevin~ nstallatlon of vinyl sidi.ng and
J'" comer boards on structure at 702 Marsha Avenue, S.W.
Mr. Richert asked Mr. Walker if he had anything to add to his request.
Mr. Walker responded lhat he did not.
Mr. Richert said that in reviewing the staff report, there seemed to be some of the
same issues on this request as there were on the previous ~3ne.
Mr. Harwood asked what'size siding was on the structure.
Mr. Walker responded that there were 4x4s on the rear of the house and 5x5s on
the front. He said that his contractor had already started the Job using 4x4 Dutch
lap siding.
Mr, Harwood asked the conditiOn of the siding.
Mr. Walker said that it was in pretty fair shape, but the problem was that they
could not keep paint on the house.
Mr. Harwood asked where the gultem were,
Mr. Walker responded that there had been nogutters on the house since he
owned it.
Mr. Harwood said he suspected the problem was moisture probably caused by
the lack of guttering.
Mr. Richert said he also cted there was a moisture problem. He said that the front
porch and dormer had been modified to the point that the house was in sad
.05/28/2003 15:17 5408531230 PLANNING
Architectural Review Board
Page 6
May 8, 2003
DRAFT
condition. He said he felt the house deserved better than vinyl siding and his
position was well documented and he would not support vinyl siding on the
building.
Mr. Walker said he was trying to improve the property and he did not know there
was such a problem with vinyl siding.
Mr. Talevi directed the Board's attention to Section 36.1-345(c) and wanted the
Board to note when a Certificate of Appropriateness was required and when was
a Certificate was not required, as it applied to vinyl siding.
Mr. Richert asked for audience comment.
Mr. Larwood Harris appeared before the Board on behalf of the Board of OSW
and said he had similar sentiments as before. He said that just Covedng the
house would set a negative tone for the block and OSW urged the homeowner to
do what the house needed.
Mr. Talevi asked for clarificalion between 4x4 and 5x5 siding.
Mr. Walker explained the difference, noting that he was planning to cover the
entire house with 4x4.
Mr. Talevi said that the Board had to make a finding as to whether there was a
difference between 4x4 and 5x§.
Ms. Beckeff said that she thought the siding was different and she felt the
structure could be painted. She said that Mr. Walker needed to investigate the
moisture problem and she recommended denial.
Mr. Manetta questioned whether there was anything unique about the siding on
this structure,
Ms. Bockeff responded that it was not unique or decorative.
Mr. Richert said that the Board tried to give people an opportunity to take
advantage of meeting with staff and a few Board members to discuss
alternatives. He advised Mr. Walker that if his request was denied, then it would
be a year before he could come back with the same request. He noted that the
applicant could request a continuance.
Mr. Walker said that on the other corner a project had been completed with the
same siding.
PAGE 03/05
,:05/28/2003 15:17 5408531230 PLANNING
Architectural Review Board
Page 7
May 8, 2003
DEAFT
Mr. Richert said that was done illegally. He said he realized that there was a
precedent, but the Board was trying to move toward better things and was trying
to be consistent and not be bound by precedent.
Mr. Manetta said he saw a difference between this building and the last one. He
said that his concern was not so much that you would be putting on vinyl siding,
but that the applications were being done in such a way that it was taking away a
lot of the architectural elements of the buildings. He said he would like to take
another look at this structure.
Mrs. Blanton said that she thought there was an issue of deciding whether or not
this was a character-defining situation. She applauded Mr. Walkers attempt to
paint the building. She said she was concerned about the moisture problem and
possibly covering the problem up with the siding and causing further
deterioration.
Mr. Walker said that if there was a reasonable way to do this, he would
encourage the Board to affempt to maintain a finer line in the City's higher value,
more desirable streets of Old Southwesl and perhaps relax the standards
somewhat as long as properties were being improved on Day and Marshall. He
said he would be willing to consider one of the two things suggested by Ms.
Blanton in return for the Board's consideration in letting him complete the project.
He said he would consider pulling olTthe 4x4s and puffing on all 5x5s or
completing the entire project wth 4x4s, and making some improvement to the
front porch.
Mr. RJchert told Mr. Walker that that type of negotiation needed to take place
outside the hearing. He said that the Board suggested meeting with staff and a
few Board members to iron out those types of details.
Mr. Harwood asked what was being done about the window wrap and Mr. Walker
responded tt3at he had not been wrapping the windows. There was discussion
about the procedure for wrapping windows and the lack of window profile once
siding was applied without the window wrapping.
Mr. Manetta Commented that Mr. Walker might want to meet with two members
of the Board and staff to come back with a different proposal.
Mr. Walker asked if the Board would 'approve either of the two options he
proposed.
Mr. Richert said he did not know, but he had been clear on his position.
Mr. Talevi cautioned the Board against "home trading." He said the issue was
architectural compatibility,
PAGE 04/05
~5/28/2003 15:17 5408531238 PLANNING PAGE 05/05
Architectural Review Board
Page 8
May 8, 2003
DRAFT
Mr. Walker said he would like to change his request from siding with 4x4s to
using all 5xSs.
Mr. Richert asked for comments on the modified proposal.
Mr. Harwood asked if the applicant would be wiling to modify his application to
say that he would use the window and door treatments with the integral "J"
channel system. There was further discussion about the "J" channel systems,
Mr. Walker said he would do 5x5s and trim with the "J" channels.
Ms. Beckett said that even with the modified request, she would still say that the
house needed care other than vinyl siding and would still recommend denial.
There being no further discussion, motion was made by Mr. Harwood to approve
the modified application using 3 1/2 "exposure main "J" channel around all
windows and doom as well as the corner trim; and that the 5" exposure siding be
used in lieu of 4". The motion was seconded by Mr. Manetta.
Mrs. Blanton said that staff did not have any sample of the siding and she was
uncomfortable voting for this, She said she appreciated Mr. Walker working with
the Board, but was uncomfortable voting without seeing any materials.
Mr. Harwood asked Mr. Walker if he intended to install downspouts and gutters.
Mr. Walker said there had been no discussion about that and would possibly be
done later.
A roll call vote on the motion was taken and the request was denied by a vote of
2-4, as follows:
Mm. Blanton - no
Mr. Harwood - no
Mr. Ray- no
Mr. Manetta - yes
Mr. Schleuter - yes
Mr. Richert - no
Mr. Manetta said that he thought the whole vinyl siding issue was murky. He
said that he thought the ordinance dealing with this was a gray area and he could
not, as a member of the Board, give anyone any guidance on vinyl siding. He
said that the Code allows it.
Mr. Talevi asked what Mr. Manetta found to be murky.
05/2B/2B03 89:54 5408§31230 PLANNING PAGE 01/01
Architectural Review Board
Page 9
May 8, 2003
DRAFT
Mr. Manetla said that the words "same design" were a problem. He suggested a
work session on the issue.
Mr. Richert asked Ms. Beckett to arrange a work session.
Reauest from 10 ~ast Church Avenue, LLC, represented by David L.
Bandy. for a Certificate of Aoorooriateness aeprovinc~ three signs aii 0
Church Avenue S .E.
Mr. Bandy appeared before the Board and said that he had originally requested
Plexiglas inserts, however, his clients no longer wanted the Plexiglas. He said
that was the only modification to the request for signs.
Mr. Richert asked for comments.
There being no questions from the Board and audience, Mr. Richert asked for all
those in favor of the request. The request was approved by a vote of 6-0.
At the conclusion of his presentation; Mr. Bandy said that as a previous ARB
member, he had continually dealt with the vinyl siding Issue. He said that four
years ago he had suggested that the historic districts move completely away
from allowing vinyl siding. He said that hearty paint and other materials were
available that could more than take care Of those types of issues.
_Request from Faison Roanoke Office, Ltd.. represented bv Jason Bentley~
for a Certificate of Appropriateness aDorovin~l replacement si~naqe at 10
Mr. Richert asked Mr, Bentley if he had anything to add to the request.
Mr. Bentley responded that they planned to use a new "L" clip.
Mr. Marietta asked if the signs would be on both sides of the tower.
Mr. Bentley said the signs would be on the north and south sides.
Mr. Harwood questioned the placement of the sign, noting that the drawing
showed the lettering outside of the arched area.
Mr. David Kinsey with Kinsey Crane and Sign appeared before the Board and
said that he would be doing the installation. He said that the top of the "VV" would
come to the edge contour. He said it would be right at the radius.
Mr. Ray asked that the applicant make sure that the lettering fit within the glass
area.
CITY OF ROANOKE
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
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
I am enclosing copy of a petition for appeal filed by Dana A. Walker, General Manager,
H & W Properties, L.L.C., of a decision of the Architectural Review Board with regard to
property located at 702 Marshall Avenue, S. W. The petition was filed in the City Clerk's
Office on Wednesday, June 4, 2003.
Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended,
provides that any property owner aggrieved by any decision of the Architectural Review
Board may present to the City Council a petition appealing such decision, provided such
petition is filed within 30 days after the decision is rendered by the Board. The Council
shall schedule a public meeting and render a decision on the matter within 60 calendar
days of receipt of the petition. Council may reverse or modify the decision of the
Architectural Review Board, in whole or in part, or it may refer the matter back to the Board
or affirm the decision of the Board.
With the concurrence of Council, I will include the petition for appeal on the Monday,
June 16, 2003, City Council agenda at 7:00 p.m., in the Council Chamber.
With kindest regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
H:\Public Headngs.03\Dana Walker. Petition for Appeal (ARB).wpd
The Hono~ble Mayorand Members
ofthe Roanoke City Council
June 5,2003
Page 2
Enclosure
poz
Dana A. Walker, General Manager, H & W Properties, L.L.C., 213 Jefferson Street,
S. W., #1007, Roanoke, Virginia 24011
Valerie Eagle, President, Old Southwest, Inc., 1225 3rd Street, S. W., Roanoke,
Virginia 24016
Darlene L. Burcham, City Manager
William M. Hackwor[h, City Attorney
Steven J. Talevi, Assistant City Attorney
Rolanda B. Russell, Assistant City Manager for Community Development
Robert B. Townsend, Director, Planning, Building and Development
Mar[ha P. Franklin, Secretary, Architectural Review Board
SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF
ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST
FOR A CERTIFICATE OF APPROPRIATENESS TO INSTALL VINYL SID1NG AND
CORNER BOARDS AT 702 MARSHALL AVENUE, S.W.
"Based upon the evidence (testimony and documents) presented to this Council at
today's hearing, I move that the decision of the City of Roanoke Architectural Review Board
on May 8, 2003, be affirmed and that no Certificate of Appropriateness be issued for the
installation o£ vinyl s~ ~n'~-~g and comer boards at 702 Marshall Avenue, S.W., as set forth in
the Request for Certification of Appropriateness dated April 10, 2003, on the grounds that
the proposed installation would not maintain the architectural defining features of the
building".
Or
SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF
ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST
FOR A CERTIFICATE OF APPROPRIATENESS TO INSTALL VINYL SIDING AND
CORNER BOARDS AT 702 MARSHALL AVENUE, S.W.
"Based upon the evidence (testimony and documents) presented to this Council at
today's hearing, I move that the decision of the City of Roanoke Architectural Review Board
on May 8, 2003, be reversed and that a Certificate of Appropriateness be issued for the
installation of vinyl si~ing and comer boards at 702 Marshall Avenue, S.W., as set forth in
the Request for Certification of Appropriateness dated April 10, 2003, as amended at a
hearing before City Council on June 16, 2003, on the grounds that the proposed installation
would maintain the architectural defining features of the building".
H/BZA/MOTIONS. 702 MARSCBALL AVE DOC
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
Board of Zoning Appeals
Planning Commission
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
June 16,2003
Dear Mayor Smith and Members of City Council:
Subject:
H & W Properties Appeal of
Architectural Review Board Decision
702 Marshall Avenue, S.W.
Background:
In April, 2003, a citizen advised staff that vinyl siding was being applied to the
house at 702 Marshall Avenue, SW, which is within the H-2, Neighborhood
Preservation District. Ms. Anne Beckett, Architectural Review Board (ARB)
Agent, followed up on the complaint and contacted Mr. Dana Walker of Hall
Associates, who manages the property for H&W Properties, LLC. She met with
Mr. Walker on-site to discuss the project and arrange for the required design
review. Ongoing work on the house was stopped pending review by the ARB.
The frame, two-story house was constructed in 1912, and now contains five
apartments. The house was previously altered with changes to its windows,
doors, and front porch. Staff is unable to determine when these previous
alterations were made.
Mr. Walker advised staff that he was unaware that a Certificate of
Appropriateness was required for vinyl siding. Staff advised that vinyl siding is
permitted in the H-2 district, provided that materials of the same design are used,
and the architecturally defining features of the building are maintained. The
existing siding on the house was a combination of 4" and 5" exposure. The
installation underway at the time the work was stopped was using 4" exposure,
and no window or door trim. Therefore, the project was not using like materials
and required ARB review.
Mr. Walker then filed an application for a Certificate of Appropriateness. On May
8, 2003, the ARB considered the application (See Minutes: Attachment A). Mr.
Walker stated that he was not able to keep paint on the house and wanted to add
the vinyl siding in order to improve the property. Some board members
expressed concern that the house was suffering from moisture damage because
of a lack of gutters and downspouts, which prevented the paint from adhering to
the house. Mr. Walker proposed different size siding materials and
improvements to the front porch, stating that the ARB should have a more lenient
standard for properties on Day and Marshall Avenues.
Mr. Robert Richert, ARB Chairman, suggested that Mr. Walker work with staff
and a few ARB members to discuss alternatives. Mr. Richert advised Mr. Walker
that he could request a continuance to allow for further consideration of the
project. Mr. Walker said that he would amend his application to use a siding with
a 5" exposure that would more closely match the existing wood siding, and to use
a 3 ¼" window trim. Ms. Alison Blanton, ARB member, expressed that she was
uncomfortable voting on a new proposal where materials were not specified and
samples were not provided. Another board member asked Mr. Walker if he
intended to install gutters and downspouts to address moisture problems. Mr.
Walker replied that he might install them at a later date.
The motion to approve the modified application, as outlined above, failed
by a 2-4 vote. Because the existing wood siding and window and door details
are character-defining features of the building, Board members voted against the
application. The Board found the proposed width of the vinyl siding was
incompatible with the existing wood siding and existing window and door details
and that material samples were not submitted. It was also noted that the house
is suffering from moisture damage that the improper installation of siding could
exacerbate. Mr. Walker was formally notified of the denial and of his right to
appeal to City Council by letter dated May 12, 2003.
Mr. Walker filed an appeal of the Architectural Review Board's decision on June
5, 2003 (Attachment B).
Considerations:
Section 36.1-345 of the Zoning Ordinance provides:
(a) In order to encourage the preservation and enhancement of the
district and encourage the rehabilitation and new construction in
conformance with the existing scale and character of the district, the
architectural review board shall review and approve the erection of new
buildings or structures, including signs, the demolition, moving,
reconstruction, alteration or restoration, of existing structures and
buildings, or reduction in their floor area, including the enclosure or
removal of a porch. No such erection, demolition, moving, reconstruction,
alteration, restoration, or enlargement or reduction of a structure, or
building, shall be undertaken without the issuance of a certificate of
appropriateness by the board, unless otherwise specified herein.
(c) The installation or replacement of siding...shall not require a
certificate of appropriateness, provided that such installation or
replacement is performed using materials which are of the same design as
those on the building, structure or landmark, and provided that such
installation or replacement maintains the architectural defining features of
the building, structure or landmark. [emphasis added]
After an inspection of the property, the ARB Agent determined that the materials
being used were not of the same design and that the architectural defining
features of the building would not be maintained as a result of the project. The
project, therefore, was not subject to the exemption noted in 36.1-345(c) and
required a Certificate of Appropriateness.
The H-2 Architectural Design Guidelines, adopted by the ARB and endorsed by
City Council, recommend the following be considered when installing vinyl siding:
· Do not replace sound historic siding with new materials to achieve an
"improved" appearance.
· Historic wood siding is a distinctive feature that helps to define the visual
characteristics of a building.
· Both new and historic siding requires periodic maintenance to give a
building proper weather protection.
· Retain existing siding: Identify and keep the original exterior siding
materials as well as any unique siding.
Staff was able to identify two previous appeals to City Council that related to vinyl
materials. In November 1998, the ARB denied a request to apply vinyl soffit
material on a house at 601 Allison Avenue. The decision was appealed to City
Council, which overturned the ARB's decision on January 19, 1999. A second
set of appeals related to vinyl fencing in the 500 block of Woods Avenue. On
June 8, 2000, the ARB denied two requests for vinyl fencing. On appeal, City
Council upheld the ARB's decisions. In both cases, the ARB based its decision
on the appropriateness of the design of the materials, rather than the materials
themselves.
Since January 2001, the ARB has approved four applications for vinyl siding.
With these projects, the applicant provided sufficient details or samples regarding
the profile of the siding, window and door trim, corner boards, and eave and
dormer treatments and proposed to apply the materials in a manner that
preserved the character of the house.
3
Recommendation:
The Amhitectural Review Board recommends that City Council affirm the ARB
decision to deny the issuance of a Certificate of Appropriateness for the
installation of vinyl siding on the grounds that installation of the vinyl siding would
not maintain the architectural defining features of the building and is not
appropriate.
obertN~'~, ichert,
Architectural Review Board
CC:
Dadene L. Buroham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Director, Planning Building and Development
Anne S. Beckett, Agent, Architectural Review Board
4
ATTACHMENT 1
Architectural Review Board
Page 5
May 8, 2003 ~,
\
3. Request fromm.23 East Campbell Avenue Associates, represented by
Robert Szathmbi~y, for a Certificate of Appropriateness approvinq Ii,Iht
fixtures of 123 Campbell Avenue, S.E.
Request from 123 E~.st Campbell Avenue Associates, represented by
Robert Szathmary, foil3 Certificate of Appropriateness approvinq rear wall
modifications at 1.23 Ca'R~bell Avenue, S.F.
Mr. Szathmary was not_in attenda'R.ce to present the requests. The Board moved
both items to the end of.the agenda~ Mr. Szathmary still was not in attendance at
the end of the agenda;therefore, the'~Board continued the matters until their June
meeting. ~
Request H & W Properties, LLC, represented by Dana Walker, fnr a
Certificate of Appropriateness approvin.q installation of vinyl siding and
corner boards on structure at 702 Marshall Avenue, S.W.
Mr. Richert asked Mr. Walker if he had anything to add to his request.
Mr. Walker responded that he did not.
Mr. Richert said that in reviewing the staff report, there seemed to be some of the
same issues on this request as there were on the previous one.
Mr. Harwood asked what size siding was on the structure.
Mr. Walker responded that there were 4x4s on the rear of the house and 5x5s on
the front. He said that his contractor had already started the job using 4x4 Dutch
lap siding.
Mr. Harwood asked the condition of the siding.
Mr. Walker said that it was in pretty fair shape, but the problem was that they
could not keep paint on the house.
Mr. Harwood asked where the gutters were.
Mr. Walker responded that there had been nogutters on the house since he
owned it.
Mr. Harwood said he suspected the problem was moisture probably caused by
the lack of guttering.
Mr. Richert said he also cted there was a moisture problem. He said that the front
porch and dormer had been modified to the point that the house was in sad
Architectural Review Board
Page 6
May 8, 2003
condition. He said he felt the house deserved better than vinyl siding and his
position was well documented and he would not support vinyl siding on the
building.
Mr. Walker said he was trying to improve the property and he did not know there
was such a problem with vinyl siding.
Mr. Taievi directed the Board's attention to Section 36.1-345(c) and wanted the
Board to note when a Certificate of Appropriateness was required and when was
a Certificate was not required, as it applied to vinyl siding.
Mr. Richert asked for audience comment.
Mr. Larwood Harris appeared before the Board on behalf of the Board of OSW~
and said he had similar sentiments as before. He said that just covering the
house would set a negative tone for the block and OSW urged the homeowner to
do what the house needed.
Mr. Talevi asked for clarification between 4x4 and 5x5 siding.
Mr. Walker explained the difference, noting that he was planning to cover the
entire house with 4x4.
Mr. Talevi said that the Board had to make a finding as to whether there was a
difference between 4x4 and 5x5.
Ms. Beckett said that she thought the siding was different and she felt the
structure could be painted. She said that Mr. Walker needed to investigate the
moisture problem and she recommended denial.
Mr. Marietta questioned whether there was anything unique about the siding on
this structure.
Ms. Beckett responded that it was not unique or decorative.
Mr. Richer[ said that the Board tried to give people an opportunity to take
advantage of meeting with staff and a few Board members to discuss
alternatives. He advised Mr. Walker that if his request was denied, then it would
be a year before he could come back with the same request. He noted that the
applicant could request a continuance.
Mr. Walker said that on the other corner a project had been completed with the
same siding.
Architectural Review Board
Page 7
May 8, 2003
Mr. Richert said that was done illegally. He said he realized that there was a
precedent, but the Board was trying to move toward better things and was trying
to be consistent and not be bound by precedent.
Mr. Manetta said he saw a difference between this building and the last one. He
said that his concern was not so much that you would be putting on vinyl siding,
but that the applications were being done in such a way that it was taking away a
lot of the architectural elements of the buildings. He said he would like to take
another look at this structure.
Mrs. Blanton said that she thought there was an issue of deciding whether or not
this was a character-defining situation. She applauded Mr. Walker's attempt to
paint the building. She said she was concerned about the moisture problem and
possibly covering the problem up with the siding and causing further
aeterioration.
Mr. Walker said that if there was a reasonable way to do this, he would
encourage the Board to attempt to maintain a finer line in the City's higher value,
more desirable streets of Old Southwest and perhaps relax the standards
somewhat as long as properties were being improved on Day and Marshall. He
said he would be willing to consider one of the two things suggested by Ms.
Blanton in return for the Board's consideration in letting him complete the project.
He said he would consider pulling offthe 4x4s and putting on all 5x5s or
completing the entire project with 4x4s, and making some improvement to the
front porch.
Mr. Richert told Mr. Walker that that type of negotiation needed to take place
outside the hearing. He said that the Board suggested meeting with staff and a
few Board members to iron out those types of details.
Mr. Harwood asked what was being done about the window wrap and Mr. Walker
responded that he had not been wrapping the windows. There was discussion
about the procedure for wrapping windows and the lack of window profile once
siding was applied without the window wrapping.
Mr. Marietta commented that Mr. Walker might want to meet with two members
of the Board and staff to come back with a different proposal.
Mr. Walker asked if the Board would approve either of the two options he
proposed.
Mr. Richert said he did not know, but he had been clear on his position.
Mr. Talevi cautioned the Board against "horse trading." He said the issue was
architectural compatibility.
Architectural Review Board
Page 8
May 8, 2003
Mr. Walker said he would like to change his request from siding with 4x4s to
using all 5x5s.
Mr. Richert asked for comments on the modified proposal.
Mr. Harwood asked if the applicant would be wiling to modify his application to
say that he would use the window and door treatments with the integral "J"
channel system. There was further discussion about the "J" channel systems.
Mr. Walker said he would do 5x5s and trim with the "J" channels.
Ms. Beckett said that even with the modified request, she would still say that the
house needed care other than vinyl siding and would still recommend denial.
7here being no further discussion, motion was made by Mr. Harwood to approve
the modified application using 3 1/2 "exposure main "J" channel around all
windows and doors as well as the corner trim; and that the 5" exposure siding be
used in lieu of 4". The motion was seconded by Mr. Manetta.
Mrs. Blanton said that staff did not have any sample of the siding and she was
uncomfortable voting for this. She said she appreciated Mr. Walker working with
the Board, but was uncomfortable voting without seeing any materials.
Mr. Harwood asked Mr. Walker if he intended to install downspouts and gutters.
Mr. Walker said there had been no discussion about that and would possibly be
done later.
A roll call vote on the motion was taken and the request was denied by a vote of
2-4, as follows:
Mrs. Blanton - no
Mr. Harwood - no
Mr. Ray - no
Mr. Manetta- yes
Mr. Schleuter - yes
Mr. Richert - no
Mr. Manetta said that he thought the whole vinyl siding issue was murky. He
said that he thought the ordinance dealing with this was a gray area and he could
not, as a member of the Board, give anyone any guidance on vinyl siding. He
said that the Code allows it.
Mr. Talevi asked what Mr. Manetta found to be murky.
Architectural Review Board
Page 9
May 8, 2003
Mr. Manetta said that the words "same design" were a problem. He suggested a
work session on the issue.
Mr. Richer[ asked Ms. Beckett to arrange a work session.
Re(
Band'
.Church Aw
10 East Church Avenue, LLC, represented by David L.
Certificate of Appropriateness approvin.q three s .qns at 10
S.E.
Mr. Bandy appeared
Plexiglas inserts
that was the only
Mr. Richer[ asked for cot
the Board and said that he had originally requested
his clients no longer wanted the Plexiglas. He said
to the request for signs.
lents. "
There being no questions
those in favor of the re~
and audience, Mr. Richer[ asked for all,
The request was approved by a vote of 6-0.
At the conclusion of his ~tion, Mr. Bandy said that as a previous ARB
member, he had continuall' with the vinyl siding issue. He said that four
years ago he had suggested the historic districts move completely away
from allowing vinyl siding. He sa that hearty paint and other materials were
available that could more than care of those types of issues.
Request from Faison
for a Certificate of A
Jefferson Street, S.E.
'Jason Bentley,
~lacement siqnage at 10
Mr. Richert asked Mr. Bentley if he
~ything to add to the request.
Mr. Bentley responded that they planned use a new "L" clip,
Mr. Manetta asked if the signs would be on b'~ sides of the tower.
Mr. Bentley said the signs would be on the no,nd south sides.
Mr. Harwood questioned the placement of the sig~, noting that the drawing
showed the lettering outside of the arched area. ~
Mr. David Kinsey with Kinsey Crane and Sign appeared before the Boa,? ,a, nd
said that he would be doing the installation. He said th'~t the top of the ~/ would
come to the edge contour. He said it would be right at tl~radiu$.
Mr. Ray asked that the applicant make sure that the lettering fit within the glass
area.
ATTACH/VENT 2
VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF )
) PETITION FOR APPEAL
)
)
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.1~642(d) of the Zoning Ordinance of the Code of the City
of Roanoke (1979), as amended.
1. Name of Petitioner(s): H & W Properties LLC
2. Doing business as (if applicable): (Same)
Street address of property which is the subject of this appeal:
702 Harsha11 Avenue SW
o
Overlay zoning (H-l, Historic District, or H-2, Neighborhood Preservation
District) of property(les) which is the subject of this appeal: H-2
Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: Hay 8, 2003
Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.1-327 if H-1 or Section 36.1~345 if H-2): 36.1-345
Description of the request for which the Certificate of Appropriateness was
sought from the Architectural Review Board:
Installation of vinyl siding and corner boards
Grounds for appeal:
Sec 36.1-345 does not require a certificate of
appropriateness as long as the materials are of the
same design. The original request to the ARB was
· modified to incoroorate the use of the same design materials
per page 8 of the hearing minutes.
Name, title, address andtelephone numberofperson(s)who will
represent the Petitioner(s) be~re City Council:
John R. Patterson, Attorney, First Union Building
213 South Jefferson Street Suite 9D0
Roanoke VA 24011 342-5157
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Name:
(print or type)
Name:
(print or type)
Signature of Petitioner(s) or
representative(s), where
apgl~le: ,
Dana A. Walker
Name: H & W Properties, LLC
(print or type)
General Manager
Name:
(print or type)
TO BE COMPLETED BY CITY CL :
Received by: ~.~ ~ ~ Date:
My name is David Lazarchik and I live at 364 Walnut Ave SVV.
I am a member of the Board of Directors of Old Southwest Incorporated and I would
like to read a statement approved by the Board in reference to this appeal and to the
use of synthetic siding in our historic district:
The historic district of Old Southwest is a valuable asset to the City of Roanoke. At
one time, it was considered one of the premier neighborhoods in the city and we
aspire to make it so again. The value of Old Southwest comes from the multitude of
architectural styles and the many architectural details that grace each home.
Whether it be large mansion or small bungalow, each house is unique in it's own
way. Few other neighborhoods in Virginia contain so many diversified examples of
housing from between 1890 and 1930. City Council has appointed and charged the
Architectural Review Board with ensuring that work on buildings in our area preserves
these architectural features and the historic character of each building and of the
neighborhood as a whole. We fully support their efforts to retain the existing forms,
features, and materials of historic properties which are the essence of our district. In
addition, we endorse the Secretary of the Interior's Standards for Rehabilitation which
are based on the premise that retention of historic materials and features and their
craftsmanship are of primary importance and that the use of vinyl or aluminum siding
is not recommended. Therefore, we oppose the use of synthetic siding on existing
historic properties unless no other option is available because:
1. Replacing or covering wood siding severely diminishes the unique aspects of historic
materials and craftsmanship. In most cases, application of such materials entails
removal or coverage of architectural details such as window headers, corner boards,
and distinctive siding or shingle patterns and also flattens the 3 dimensional profile
which makes each building unique.
2. Changes to character defining features of a building also alter the visual relationships
between buildings. When character defining details are covered or removed from a
number of buildings in a historic district, the character of the entire district may be
seriously damaged. This has already occurred numerous times in Old Southwest.
3. Synthetic siding is used with the implication that it is a maintenance free product.
However, it is frequently used as a cosmetic fix over peeling paint, stains, or other
signs of deterioration which can progress unnoticed to become major structural
problems. It is not a substitute for proper repairs and ongoing maintenance.
4. With the advent of new, long duration paints, the argument that synthetic siding is an
economical alternative to a good paint job is not necessarily valid.
In summary, we believe that if Old Southwest is to retain it's historic charm, it's
uniqueness, and it's reputation as one of Virginia's outstanding historic districts, the
use of synthetic siding is inappropriate. Its use on existing historic structures should
not be approved by the Architectural Review Board unless no other option is available.
Thus, we ask the City Council to uphold the decision of its appointed board and deny
this appeal.
Reference: National Park Service Historic Preservation Brief #8, "Aluminum and Vinyl
Siding on Historic Buildings: The Appropriateness of Substitute Materials for
Resurfacing Historic Wood Frame Buildings".