HomeMy WebLinkAboutCouncil Actions 10-23-0336517-102303
RO,4NOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 23, 20O3
2:00 P.M.
CITY COUNCIL CH,4MBER
.4 GEND,4
1. Call to Order--Roll Call.
The Invocation was delivered by The Reverend Harry M. Miller, Jr.,
Pastor, Roanoke Valley Cathedral of Praise.
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 Friday, October 24,2003,
at 7:00 p.m., and Saturday, October 25, 2003, at 4:00 p.m. Council meetings
are now being offered with closed captioning for the hearing impaired.
ANNOUNCEMENTS:
THE PUBLIC 1S 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 INTER/NET 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 1S 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
REGULAR SESSION
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
Presentation of a $1,000.00 check to The History Museum and Historical
Society of Western Virginia, in recognition of the City being selected as a
winner of the 2003 James C. Howland Awards.
File #80-228
Proclamation declaring the month of October 2003, as National Disability
Employment Awareness Month.
File #3-353
Proclamation declaring Sunday, October 26, 2003, Change Your Clock,
Change Your Battery Day.
File #3-70
ge
CONSENT AGENDA
APPROVED (7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Council held on Tuesday,
September 2, 2003; and recessed until Friday, September 5, 2003.
RECOMMENDED ACTION:
Dispense with the reading of the
minutes and approve as recorded.
3
C-2
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:
File #110-132
Concur in the request.
C-3
Qualification of the following persons:
Susannah Koerber as a member of the Roanoke Arts Commission,
for a term ending June 30, 2006; and
File #110-230
Joseph F. Lynn as a Commissioner
Redevelopment and Housing Authority,
August 31, 2007.
File #110-178-230
of the Roanoke
for a term ending
RECOMMENDED ACTION:
Receive and file.
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS: NONE.
4
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
ITEMS RECOMMENDED FOR ACTION:
The City Manager introduced Gareth McAllister, Facilities
Manager.
Appropriation of funds to new or existing project accounts to
support strategic technology needs and enhancements.
Adopted Budget Ordinance No. 36517-102303 (7-0)
File #60-301-467-468-553
Appropriation of Alcohol, Tobacco, and Firearms Seized Property
One-time Deposit, in the amount of $100,306.00, resulting from
a criminal investigation.
Adopted Budget Ordinance No. 36518-102303 (7-0)
File #5-60-212-236
Execution of an agreement with the Roanoke City School Board
in connection with continued operation of the Woodrow Wilson
Middle School Fitness Center, for an additional one-year term,
with an option to renew for up to four additional one-year terms,
ending October 3 I, 2008.
Adopted Resolution No. 36519-102303 (7-0)
File #67-467
5
Acceptance of a Lead Hazard Control Grant from the U. S.
Department of Housing and Urban Development, in the amount
of $1,543,704.00.
Adopted Budget Ordinance No. 36520-102303 and Resolution
No. 36521-102303 (7-0)
File #60-236
o
Amendment to the City Code in connection with a $3.00
assessment fee for court costs to support relocation of the
Roanoke Police Academy, effective November 1, 2003.
Adopted Ordinance No. 36522-102303 (7-0)
File #5-377
BRIEFINGS:
o
Zoning Ordinance Update
File #51
(20 minutes)
b. DIRECTOR OF FINANCE:
Authorization to terminate the lease agreement dated August 26,
1992, between the City and the Roanoke Redevelopment and
Housing Authority for the lease of the Century Station Parking
Garage; and acceptance of conveyance of the garage to the City.
Adopted Ordinance No. 36523-102303 (7-0)
File #178-302
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7. REPORTS OF COMMITTEES:
ao
A report from the Roanoke City School Board requesting approval of a
State Literary Fund loan application for improvements to Patrick Henry
High School, in the amount of $7.5 million; and a report of the Director
of Finance recommending that Council concur in the request. Richard
L. Kelley, Assistant Superintendent of Operations, Spokesperson.
Adopted Resolution No. 36524-102303 (7-0)
File #60-467
A report from the Roanoke City School Board requesting appropriation
and transfer of funds to various school accounts; and a report of the
Director of Finance recommending that Council concur in the request.
Richard L. Kelley, Assistant Superintendent of Operations,
Spokesperson.
Adopted Budget Ordinance No. 36525-102303 (7-0)
File #60-467
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
A Resolution appointing a new Director of the Industrial Development
Authority of the City of Roanoke, to fill a four year term on the Board
of Directors.
Adopted Resolution No. 36526-102303 (7-0)
File #110-207
7
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Wyatt advised that she participated in a recent
tour of the City of Roanoke with the Assistant City Manager for
Community Development, along with an individual who is
interested in constructing a head trauma facility in the City. She
stated that the individual was impressed with the City of Roanoke
and referred to Roanoke as the "best kept secret on the East Coast."
She advised that it is gratifying to hear positive remarks by out of
state visitors on the beauty of Roanoke and what the locality has to
offer.
File #80-132-450
Vice-Mayor Harris referred to a letter setting forth proposed budget
study dates for fiscal year 2004, and asked that Council Members
advise the City Clerk of any conflicts by October 29, 2003.
File #60-132
Vice-Mayor Harris reported on the status of the organizing group
which was appointed to establish a Task Force on School Discipline.
He advised that the first meeting of the Task Force will be held on
November 11, 2003 at 7:00 p.m., in the Community Room, Higher
Education Center.
File #5-467
Council Member Bestpitch commended and expressed appreciation
to City staff who volunteered their time for the Virginia Municipal
League Host City Night on Monday, October 20, 2003, on the City
Market.
File #17-42-80
8
Council Member Bestpitch advised that as a part of the City's
Urban Forestry Program, he was pleased to plant the inaugural
tree earlier in the day in Highland Park in memory of his two
grandfathers. He encouraged citizens of Roanoke to plant a tree on
public property in the City to commemorate a special event, or in
memory of a loved one.
File #67-80-240
Council Member Cutler recognized the work of City employees in
connection with the Virginia Municipal League Annual Conference
and as authors of well written articles that were published in the
VML Magazine, Virginia Town and City, which highlighted the City
of Roanoke.
File #17-80
Council Member Dowe congratulated The Roanoke Times upon the
grand opening of its new printing facility last week.
File #80-227
Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
Council Member Wyatt left the meeting.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke with regard to
leadership and character. She advised that citizens have been told that
hazardous waste material is buried on the proposed site of the new
stadium/amphitheater on Orange Avenue and Williamson Road;
whenever citizens believe that their lives and the lives of future
generations may be endangered by hazardous waste materials, it is their
9
responsibility to bring the matter to the Council's attention, and it is the
responsibility of Council to resolve the issue; therefore, citizens of
Roanoke ask that the site be tested to ensure that it is environmentally
safe.
File #122-529
Ms. Helen E. Davis, 35 Patton Avenue, N. E., spoke with regard to the
disappointment of many Roanoke citizens concerning the individual votes
of Council Members on the proposed new stadium/amphitheater on
Orange Avenue and Williamson Road. She stated that citizens of Roanoke
ask that the City ensure that the site is safe through an environmental
assessment. She advised that residents of Lincoln Village/Lincoln Terrace
are experiencing serious maintenance problems and are concerned that
storm/screen doors have not been installed on housing units. She stated
that as they work with Congressman John Warner's Office, it is believed
that the issue will be addressed.
File #66-122-178-529
12. CITY MANAGER COMMENTS:
The City Manager expressed appreciation to City employees who
volunteered their time for a successful Virginia Municipal League Host
City Night on Monday, October 20, on the City Market. She advised that
as a part of the Annual Conference, a tour was provided of the City's new
filtration system and plant at Crystal Spring, as well as the restored
pumping station.
File #17-80-468
CERTIFICATION OF CLOSED SESSION. (6-0, Council Member Wyatt
was absent.)
Council appointed/reappointed the following persons to boards and
commissions:
Architectural Review Board
File #110-249
Jon Stephenson
for a term ending
October 1, 2007.
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Youth Services Citizen Board
File #15-304-110
Krista Blakeney
for a term ending
May 31, 2006.
Roanoke Valley Cable
Television Committee
File # 110-448
Laurie Wood
City Manager's designee
Roanoke Civic Center
Commission
File #110-192-15
Debbie Conner
for a term ending
September 30, 2006.
(The City residency
requirement was waived.)
Roanoke Valley Resource
Authority
File #110-253-15
Bittle Porterfield
for a term ending
December 31, 2007.
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00
P.M., IN THE CITY COUNCIL CHAMBER.
11
ROANOKE CITY COUNCIL
REGULAR SESSION
OCTOBER 23, 2003
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (Council Member Dowe was absent.)
The Invocation was delivered by Mayor Ralph K. Smith
The Pledge of Allegiance to the Flag of thc United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
The Council meeting will be televised live by RVTV Channel 3 to be replayed
on Friday, October 24, 2003, at 7:00 p.m., and Saturday, October 25, 2003, at
4:00 p.m. Council meetings are now being offered with closed captioning for
the hearing impaired.
12
A. PUBLIC HEARINGS:
Request of Murray E. and Patricia B. Joiner to amend proffered
conditions presently binding upon a tract of land located at 3034
Brambleton Avenue, S. W., Official Tax No. 1650903, as set forth in
Ordinance No. 35218-030501, adopted on March 5, 2001. Murray E.
and Patricia B. Joiner, Spokespersons.
Adopted Ordinance No. 36527-102303 (6-0)
File #51
2.(a)
Request of Member One Federal Credit Union to permanently vacate,
discontinue and close a portion of Gilmer Avenue, N. E., running in a
westerly direction from 4th Street to an existing cul-de-sac. C. John
Renick, Attorney, Spokesperson.
Adopted Ordinance No. 36528-102303 (6-0)
File #514
(b)
A communication from the City Manager requesting authorization to
enter into a performance agreement with Member One Federal Credit
Union, in connection with the above referenced item, at no charge.
Adopted Ordinance No. 36529-102303 (6-0)
File #514
o
Request of Malcolm M. Rosenberg to rezone property located at 2719
Colonial Avenue, S. W., Official Tax No. 1260808, and 2735 Colonial
Avenue, S. W., Official Tax No. 1260804, from RS-3, Residential
Single-Family District, to C-l, Office District, subject to certain
conditions proffered by the petitioner. Edward A. Natt, Attorney,
Spokesperson.
Adopted Ordinance No. 36530-102303 (5-1) (Mr.
voted no)
File #51
Bestpitch
13
Request of 22 Luck Avenue, Inc., to permanently vacate, discontinue
and close a certain portion of an alley lying between 16 and 22 Luck
Avenue, S. W., and parcels identified as Official Tax Nos. 1012707 and
1012706. Raphael E. Ferris, Attorney, Spokesperson.
Adopted Ordinance No. 36531-102303 (6-0)
File #514
Proposed conveyance of a ten-foot easement on property known as
Jackson Park, identified as Official Tax No. 4130501, to Roanoke Gas
Company, to relocate a high relief valve from the northern side of
Morningside Street. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36532-102303 (6-0)
File #28-67-458
Proposed lease of 7.05 acres of City-owned land located along Back
Creek in Roanoke County to a County resident for agricultural purposes,
for a period of one year, with a renewal option for four additional
one-year periods, and a 60-day mutual termination provision.
Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36533-102303 (6-0)
File #373-166
o
Amendment of Chapter 36.1, Zoning, Section 36.1-445, Additional sign
regulations, subsection (c), Code of the City of Roanoke (1979), as
amended, to address roof signs in the H-I, Historic District. R. Brian
Townsend, Agent, City Planning Commission.
Tabled for 30 days
File #51-107
14
Endorsement of the draft 20-Year Long Range Transportation Plan for
submission to the Roanoke Valley Area Metropolitan Planning
Organization. Darlene L. Burcham, City Manager.
Adopted Resolution No. 36534-102303 (6-0)
File #316-326-77
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
Mr. Robert Gravely, 729 Loudon Avenue, N. W., expressed concern with
regard to barrels containing hazardous waste material that were
uncovered as a part of the excavation process at the site of the proposed
stadium/amphitheater on Orange Avenue and Williamson Road.
File #66-122
15
of Oppo~tufTl~,
leadershll~ and
National League
of Cities
1301 Pennsylvania Ave, N.W.
Washington. DC 20004 1763
202 626-3000
Fax: 202 626-3043
Chades Lyons
Re¢ldedPaper
RECEIVED
OCT 1 4 2003
MAYOR'S OFFICE
October 9, 2003
The Honorable Ralph Smith
Mayor
City of Roanoke
215 Church Avenue, SW
Roanoke, Virginia 24011
Dear Mayor Smith:
On behalf of the National League of Cities and CH2M Hill, I wish to congratulate the
City of Roanoke for winning the Silver award in the 50,001-150,000 population
category of the James C. Howland Awards.
The National League of Cities and CH2M Hill are proud to sponsor the annual
Howland Awards for Urban Enrichment. The competition highlights communities
that have, through effective policies and thoughtful project planning, demonstrated
and encouraged the preservation or enrichment of high quality urban environments.
We commend you for your hard work, and we believe it is important to share your
program so others may learn and replicate it across the country.
Again, my sincere congratulations to the City of Roanoke for being selected as a
winner of the 2003 James C. Howland Awards. Enclosed, you will find a check for
$1,000 to be presented to The History Museum and Historical Society of Western
Virginia, the organization of your choice.
Sincerely,~_~-~,, /~
Ami Swing Kelly
Howland Awards Coordinator
Information Spe~.ahst
Mnnicipal Reference Service
Enclosure
Mayor
CITY OF R()ANOKE
WHEREAS,
to recognize the contributions of Americans with disabilities and to
encourage all citizens to help ensure full inclusion in the
workforce, the United States Congress, in 1945, designated
October of each year as NATIONAL DISABILITY AWARENESS
MONTH; and
WHEREAS,
community leaders, businesses and vocational rehabilitation
partners have organized activities across the Roanoke Valley to
increase public awareness about disability issues and to continue
their work together to break down barriers that people with
disabilities face on a daily basis, while upholding our fundamental
commitment to justice and equality for all people; and
WHEREAS,
the Mayor's Committee for People with Disabilities, a volunteer
group of citizens and business leaders, with and without
disabilities, .from the City of Roanoke, Roanoke County, the City of
Salem and the Town of Vinton work together to improve the
physical, psychological, social, and spiritual well-being of people
with disabilities in the Roanoke Valley, and to educate the public
with regard to available resources to enable citizens with
disabilities to make the most of their potential.
NOW, THEREFORE, L Ralph IC Smith, Mayor of the City of Roanoke, Virginia,
do hereby proclaim October 2003, throughout this' great All-America City,
as
NATIONAL DISABILITY EMPLOYMENTAWARENESS MONTH.
Given under our hands' and the Seal qf the CiO/of Roanoke this twenty-third day
of October in the year two thousand and three.
ATTEST:
Mary V Parker Ralph K. Smith
CiO/Clerk Mayor
Office of the Mayor
CITY OF ROANOKE
WHEREAS, an average of nearly three children die each day in home fires;
and
WHEREAS, eighty percent of fire deaths involving children occur in homes
without working smoke alarms; and
WHEREAS,
by providing early warning and critical extra seconds to escape,
smoke alarms double a family's chances of getting out of a home
fire alive -- but only if they work; and
WHEREAS,
Roanoke Fire-EMS has joined with the International Association
of Fire Chiefs and Energizer Battery to remind citizens to change
the batteries in smoke alarms when they change the time on their
clocks back to standard time on October 26, 2003.
NOW, THEREFORE, L Ralph K. Smith, Mayor of the City of Roanoke, Virginia,
encourage all citizens to educate their fellow citizens and loved ones on
the vital importance of working smoke alarms in protecting families
against the devastating effects of home fires and, do hereby proclaim
Sunday, October 26, 2003, throughout this great All-America City, as
"CHANGE YOUR CLOCK, CHANGE YOUR BATTERY" DAE
Given under our hands and the Seal of the City of Roanoke this twenty-third day
of October in the year two thousand and three.
ATTEST:
Mary ~ Parker Ralph K Smith
City Clerk Mayor
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
SEPTEMBER 2, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Tuesday,
September 2, 2003, at 9:00 a.m., the regular meeting hour, in the Emergency
Operations Center Conference Room, Room 159, 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, Rul___es of Procedur_~e, Rule 1, ~, Code of the City of Roanoke
(1979), as amended, and pursuant to Resolution No. 36193-010603 adopted by the
Council on January 6, 2003.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Beverly T.
Fitzpatrick, Jr., Linda F. Wyatt and Mayor Ralph K. Smith ................................... 5.
ABSENT: Council Members C. Nelson Harris 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.
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 Bestpitch, Cutler Fitzpatrick, Wyatt, and Mayor
Smith ........................................................................................................ 5.
NAYS:None ....................................................................................... ~.
(Council Members Dowe and Harris were absent.)
CITY PROPERTY.CITY COUNCIL: A communication from the City Manager
requesting that Council convene in a Closed Meeting to discuss acquisition of real
property for a public purpose, where discussion in open meeting would adversely
effect the bargaining position or negotiating strategy of the City, pursuant to
Section 2.2-3711(A)(3), Code of Virginia (1950) as amended.
Mr. Bestpitch 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.
Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Fitzpatrick, Wyatt and Mayor
Smith ............................................................................................................. 5.
NAYS:None .......................................................................................... ~.
(Council Members Dowe and Harris were absent.)
A joint meeting of Council and the Roanoke City School Board convened at
9:05 a.m., in the Emergency Operations Center Conference Room, Room 159, Noel C.
Taylor Municipal Building, 215 Church Avenue, S. W., with Mayor Ralph K. Smith and
Chairperson Gloria P. Manns presiding.
All Council Members were in attendance.
(Vice-Mayor Harris and Council Member Dowe arrived late.)
SCHOOL TRUSTEES PRESENT: William H. Lindsey, Melinda J. Payne (arrived
late), Kathy G. Stockburger, Ruth C. Willson, and Gloria P. Manns, Chair.
ABSENT: Robert Sparrow and David R. Trinkle.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City
Clerk; E. Wayne Harris, Superintendent of Schools; and Cindy Lee, Clerk, Roanoke
City School Board.
LEGISLATION-COUNCIL-SCHOOLS:
Coordination of 2004 Le.qislative Aqenda:
The City Attorney advised that:
*The 2004 Legislative Program will combine both the Council's and the
School Board's legislative agenda, which will be presented to area
legislators at a luncheon meeting on Monday, December 2, 2003.
*Council will receive a final draft of the 2004 Legislative Program for
review on November 3, 2003 and Council will be requested to act on the
Program at its meeting on Monday, November 17, 2003.
*Community input was solicited last year with mailings to
approximately 60 neighborhood, employee and business groups,
Chambers of Commerce, etc.; however, the response was not
overwhelming.
*It is believed that tax reform/restructuring will be a big issue for the
Virginia General Assembly in 2004.
Mr. Bestpitch, Chair, Legislative Committee, advised that:
*Legislative Committee meetings are proposed for Monday, October 6
and Monday, November 3, 2003, with additional meetings to be
scheduled as needed.
*Council Members and School Trustees will be provided with copy of
suggestions submitted to date by Council and City staff for inclusion
in the Legislative Program, with any additional items to be submitted
to the City Attorney, or the Chair of the Legislative Committee, as soon
as possible.
*Rather than mailing a large volume of material, it would be more cost
effective to summarize legislative items, with a cover letter advising
that persons desiring more information should contact the City
Attorney's Office.
The City Manager advised that it has been the City's practice for the last two
years to adopt the Virginia First Cities Coalition agenda as a part of the City of
Roanoke's Legislative Program; the number one priority of the First Cities Coalition
is educational funding; materials will be available in the near future from the First
Cities Coalition that localities and others are encouraged to use as candidates for
the Virginia General Assembly are interviewed regarding their position on education.
Chairperson Manns advised that the Legislative Program of the Schools will
be adopted on November 13, 2003, following meetings of those School districts that
are represented in the Schools Consortium, which is composed of 13 school
districts in Virginia.
Superintendent Harris advised that:
*The School Boards Consortium started as an initiative in the Roanoke
Valley and spread to 13 school districts that currently make up the
Southwest Virginia School Boards Consortium.
*School Boards have reviewed funding for construction and combined
the total cost of construction needs for the initial five to six districts
that joined the Consortium and other school districts have followed.
*Construction costs across the State are a common issue and the
mission of the Schools Consortium has broadened to address a
specific statement with regard to funding, if the Standards of Quality
(SOQ) are fully funded, school systems will recoup the money they are
spending out of their operating budgets for construction, and the
JLARC study has clearly pointed out that the State has been under
funding the SOQ by 50 - 55 per cent.
*The goal of the School Consortium is to create an awareness and a
grass roots effort to ensure that schools are adequately funded in order
to demonstrate the type of progress that is necessary for Roanoke's
students.
The City Manager advised that:
*There should be a single-prong of attack relative to educational
funding, and the Virginia First Cities Coalition has advocated more
funding for education, which is specifically tied to the JLARC
recommendation.
4
*The School Boards Consortium should be encouraged to give more
focus to the JLARC recommendation than funding for capital
improvements, which will be an uphill baffle inasmuch as the State has
not agreed to be involved in capital improvements funding.
*The JLARC study points out that the State is significantly under
funding education, and if localities are successful in pursuing the
JLARC recommendation, more money would be available for other
purposes.
Council Member Wyatt advised that:
*At a recent meeting of the Virginia Municipal League Education Policy
Committee, it was pointed out that over $350 million in Standards of
Quality are unfunded.
*A concern of the VML is that the State will take money from other
programs that impact cities like Roanoke and shift the money in order
to fund the Standards of Quality; therefore, the issue should be
addressed in the City's 2004 Legislative Program.
The City Manager advised that it was her understanding that the Federal
Government is not providing an adequate level of funding for special education in
the School system, and inquired if that continues to be a problem. She stated that
Council will meet with Congressman Bob Goodlatte later in the day, and she would
be willing to address the issue at that time.
Superintendent Harris responded that special education funding is still
woefully under funded and well below the threshold authorized by Congress, which
is somewhere in the range of 20 per cent.
Dr. Harris was requested to provide a dollar amount before the 12:00 noon
meeting with Congressman Goodlatte.
PROCUREMENT CODE/PURCHASING:
Opportunities for joint purchasi~n:
The Director of Finance advised that one of the processes used for
procurement is to accept the State's contract for certain goods and services, which
is also followed by the School system.
(Vice-Mayor Harris and Council Member Dowe entered the meeting).
The City Manager advised that:
*There are occasions when the City can accept bids under the State's
contract and while the State's contract is available as an opportunity to
evaluate good bench marking, the City has found that it can under cut
the State contract in some instances.
*No joint purchasing currently exists between the City and the School
system.
*Discussion has taken place with regard to merging certain
administrative functions into a more efficient operation and she has
discussed with the Superintendent of Schools the opportunity for City
and School staffs to work together on health insurance which might be
an area where the two entities could combine need and demand in
order to get a better rate in the future.
Mr. Fitzpatrick requested that the staffs of the City and the Schools discuss
the benefits of joint purchasing, whether it be for automobiles or textbooks, etc.
Superintendent Harris advised that Roanoke City works with other school
districts with regard to joint purchasing of supplies; and discussions in the past
between the City of Roanoke, the City of Salem and Roanoke County led to the
formation of a Consortium to address the purchasing of health insurance in a effort
to lower insurance premiums.
The City Manager advised that she has proposed to Dr. Harris that the two
entities work together to determine what might be avenues for a pooled kind of
approach for health insurance for City and School employees; the challenge is that
the School system operates on a different annual cycle, benefits are different among
the two entities, and the School Board pays significantly more as a contribution
toward health insurance for school employees than does the City; therefore,
numerous variables must be considered. She added that Council has also inquired
about other opportunities for joint purchasing and the two staffs will study the
matter and report to Council by the end of the calendar year.
At this point, Ms. Payne entered the meeting.
POLICE DEPARTMENT:
School Safety/Update On School Discipline Task Force:
Ms. Stockburger, Member of the organizing group, advised that:
*The group held its first meeting on August 21, 2003, to discuss its
charge by Council and the School Board.
*Discussion took place as to whether the group should be called an
organizing committee to review the appointment of a task force.
*Two basic objectives were discussed: (1) What is the role of the
School Resource Officer? (2) Is there a common definition of safety -
is it necessary to come to some fundamental understanding of the
issue of consistency in school discipline, and are the practices that are
currently in place significant enough to address the student who is not
going through the judicial system, but is disruptive in the classroom?
*Discussion among the group centered around bringing the judicial
piece into the conversation and the fact that many of the disruptive
students are not and do not belong in the court system, but at the same
time something needs to be done; and classroom teachers need to be
supported by the School administration and by principals.
*The process itself was a topic of discussion and some members of the
group favor facilitators who will help to coordinate the process so as
to reach agreed upon outcomes.
*The group discussed a few non-negotiables, the major one being that
any facilitator must attend all meetings and be able to communicate
with the task force in both written and oral form.
*The group was given a charge to complete the process by the end of
the calendar year, therefore, it is proposed to have significant
information available for the Council/School Board work session on
November 21, 2003.
*The second largest responsibility will be a determination on how the
Task Force will be appointed - will it be a combination of self-selection,
or representatives from groups, including groups outside of
stakeholders such as Parent-Teacher Associations, parents, etc.
*The goal is to keep the number workable, but not to exclude any
person who might wish to participate.
*A decision will need to be made at some point as to whether the group
will be ongoing on a small scale.
Mr. Bestpitch suggested that the group not only consider providing support
for teachers, but training as well, because it appears that the School system is
faced with more and more challenging young people, and teachers could benefit
from additional training on how to manage some of the more difficult students who
may not be to the point of being involved in the juvenile justice system, but are in
need of some type of intervention; and the last message that should be conveyed
to students is that no one has any control within a classroom if a police officer is not
present.
Superintendent Harris was requested to comment on his proposed "Round
Table"; whereupon, he advised that:
*The goal is to create what is referred to as the "Superintendent's
Round Table on Quality Education" by the end of September, 2003.
*A facilitator will be announced within approximately seven days, who
should be a person other than school staff or a volunteer.
*The purpose of the Round Table is to engage in a discussion
regarding quality education from the perspective of parents, guardians
and leaders in the community. What does a quality education in the
Roanoke City Public Schools look like from the perspective of
instruction, achievement and academics? What does a quality
education look like from the perspective of school safety, discipline
and orderliness? What does school safety look like from the
perspective of parent and community involvement?
*The "Round Table" has generated considerable interest by persons in
the community who would like to serve. Kick off for the "Round Table"
is proposed for October 1, 2003, with 60 - 75 persons considered to be
a workable group.
*It is hoped that the end product will be those indicators that have been
identified and agreed upon to provide quality education for those
students who attend Roanoke City Public Schools.
*A report will be submitted to the School Board in April 2004, to be
included in the Board's priorities, with action steps to be implemented
by the School administration.
*Separate, but a part of the study, will be student input from the high
schools, as well as employee input, to determine if there is a
congruence between those indicators from the community and those
from School Board employees.
SCHOOLS:
Update on Career and Technical Education in the Hiqh School Upqrade Plar~-,-:
Council Member Cutler advised that graphics planning for the new high
schools refer to the liberal arts side of the program, and it is hoped that the same
amount of attention will be given to career and technical education facilities as will
be given to other college preparatory type programs.
Superintendent Harris advised that:
*The two firms conducting the high school facilities study
recommended that because Gibboney and Lawson Halls were in such
good condition and space was flexible to provide programs, the two
facilities should continue to be used, but there would be a need for
upgrade and improvements which are incorporated into the overall
plan.
*Gibboney and Lawson Halls are adaptable to programs that require
large open spaces.
*The new heating and ventilation systems have been incorporated into
the plan and have been completed at Gibboney Hall.
*Once the upgrade at the first high school is completed, Gibboney Hall
will be some distance away, and closer access to the main academic
building has been incorporated into the master plan to provide for
direct access.
*The architect is working with the appropriate School official on a
master plan for each facility that will focus on a certain amount of
revamping of the traditional career and technical plans with new
equipment and facilities.
*Some of the programs to be provided in the upgraded facility will
include automotive, culinary arts, cosmetology, manufacturing
technology, etc.
Update on the Present and Projected Future Status of Blue Ridqe Technical
Academy:
Superintendent Harris advised that:
*The program continues to move forward.
*The School Board/School Administration has attempted to ensure that
Blue Ridge Technical Academy (Blue Ridge) is not seen as a curriculum
separate from other career and technical education programs.
*There will be a change in leadership due to a resignation, but the resignation
will not in any way negatively impact the progress of Blue Ridge.
*The goal is to increase the number of students because Iow enrollment
has been a concern in that Blue Ridge has not attracted the number of
students from the region that were initially projected.
*If enrollment numbers do not increase, it may be necessary to move
the program back to the high schools.
]0
Discussion Reqardinq Middle School and Hiqh School Sports Pro_clram~:
Superintendent Harris advised that:
*During the last school year, the following middle school sports were
offered: softball, co-ed soccer, intramural co-ed tennis, basketball,
boys and girls wrestling, volleyball, coed tennis, boys track, boys
basketball, and middle school football which follows the high school
schedule.
*A fair number of students participate in after school sports, but there
are other after school activities that draw students away.
*There are challenges in attracting participation in soccer and
wrestling.
*Coaching is an issue, given the number of coaches that are needed,
which means that a coach who also teaches and coaches after school
hours could work as many as 12 hours a day.
*At the time of day that middle school sports occur, it is difficult to find
officials who are willing to participate because they are either on the
job, or must officiate after their normal work hours.
*Funding is an issue since there is no paid admission to games and the
School budget funds total costs.
*The following sports are offered at the high school level: Patrick
Henry High School: football (four teams), boys and girls cross country,
volleyball, golf, cheerleading, girls tennis, basketball, wrestling, indoor
track, swimming, baseball, softball, soccer, tennis, outdoor track and
lacrosse. At William Fleming High School: baseball, basketball, boys
and girls cheerieading, cross country, football, golf, soccer, softball,
swimming, diving, tennis, indoor and outdoor track, volleyball and
wrestling.
*There is also a challenge in regard to the coaching staff as above
described.
]]
Review of Plans For Athletic Tracks and How External Grounds Will Bc
Landscaped and Committed to Greenways At the Two New HiRh School.~:
Council Member Cutler advised that one of the variables in the stadium
discussion was the issue of athletic tracks, and inquired if the School Board plans
to install track and field facilities that are of a quality sufficient to host State-wide
track meets. He also inquired about landscaping/greenway access for the two new
high schools.
Superintendent Harris advised that:
*The City Manager was requested to defer any decision regarding the
location of athletic tracks until the upgrade for the two high schools is
completed.
*Athletic tracks will be located at each of the high schools, but they will
be of different sizes.
*Athletic tracks will not be constructed to seat a large number of
persons.
The City Manager advised that it was her understanding that the two high
schools are in favor of track facilities on site, as opposed to a separate larger facility
in a distant location.
Relative to greenways and landscaping, Dr. Cutler advised that William
Fleming High School is closer to the Lick Run Greenway and Patrick Henry High
School is closer to the Murray Run Greenway and cross country teams and science
classes could use both greenways, therefore, it appears that greenways are a part
of School opportunities. Superintendent Harris concurred in the remarks of Mr.
Cutler.
Mr. Bestpitch addressed drainage problems in connection with construction
in the vicinity of the Roanoke Academy for Mathematics and Science building, and
asked that the City Manager and the School Board ensure that drainage problems
in that area of the City are not exacerbated.
Discussion Regardinq Participation in the Council/School Board "Buddl~
System" and Appropriate Channels of Communication:
Chairperson Manns advised that the "Buddy System" is as follows:
School Trustee Willson . Vice-Mayor Harris
School Trustee Stockburger. Council Member Bestpitch
School Trustee Trinkle - Council Member Fitzpatrick
School Trustee Payne. Council Member Wyatt
School Trustee Sparrow - Council Member Dowe
School Trustee Lindsey - Council Member Cutler
Chairperson Manns - Mayor Smith
Ms. Stockburger advised that there may be value in looking at an
institutionalized, yet informal way, of communicating between Council Members and
School Trustees on issues that either overlap or dovetail. She stated that some
localities use a system referred to as, "Two By Two,'; i.e.: two School Board
members and two City Council members for the purpose of streamlining
communications on issues around which there should be ongoing dialogue between
the two bodies, the intent of which is not to bring up new topics or to engage in
crisis management, but to expedite communications on issues that generally would
be constructive, and would involve issues that have an overlap to the Council and
the School Board. She proposed that the concept be explored and that the two
bodies decide on its value and whether other meeting time could be decreased as
a result of the program. She stated that the program would not be intended to
replace the "buddy system", but would be in addition to; and volunteered to obtain
more information on how groups in other localities operate.
There being no further business, at 10:40 a.m., the joint meeting of Council
and the School Board was concluded and the Mayor declared the Council work
session in recess.
The Council met in Closed Session in the Council's Conference Room to
conduct interviews for a vacancy on the Roanoke Redevelopment and Housing
Authority.
The Council meeting reconvened at 12:00 noon for lunch and the annual
meeting with Congressman Bob Goodlatte in Room 159, Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., City of Roanoke.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
Alfred T. Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt and
Mayor Ralph K. Smith ....................................................................................... -7.
ABSENT:NONE .................................................................................... --0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth; City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker,
City Clerk.
OTHERS PRESENT: Congressman Bob Goodlatte, and Peter Larkin, District
Director for Congressman Goodlatte.
COUNCIL-LEGISLATION:
On behalf of the Members of Council, the Mayor welcomed Congressman
Goodlatte and Mr. Larkin to the meeting.
Congressman Goodlatte advised that:
*Interstate-81 is on the front burner of the State and the State will have
to make a major decision regarding future plans for the highway.
'1-81 needs attention and alternatives include: (1) a simple widening, (2)
a widening that includes separating trucks from cars that may include
tolls, and (3) a method involving a rail component. The rail component
would provide for double tracking the railroad line that runs through the
Shenandoah Valley; however, Norfolk Southern is not interested in that
alternative, but has expressed an interest in identifying and obtaining
Federal aid, since the Federal Government assists with every other
form of transportation.
*Norfolk Southern has presented an alternative to upgrade the old main
southern line that runs up the east side of the Blue Ridge Parkway and
assistance will be needed to connect the line between Manassas and
Front Royal.
]4
*There is a continuing interest on the part of the State to see that rail
alternatives work; whereupon, he suggested that there be dialogue with
railroad officials, but to date Norfolk Southern has been unwilling to
assume the $2 billion plus that is estimated for the project.
*Railroads own their own rights-of.way, they are protective of those
rights-of-way and do not want to deal with the Federal Government
which, in effect, would allow the Federal Government to retain too
much control, and has had an impact on passenger rail service
inasmuch as the passenger rail line extends from Roanoke to
Lynchburg to Richmond to Washington, D. C. and to the Shenandoah
Valley.
*Amtrak has a nation wide right-of-way for passenger rail service on all
rail lines in the United States; and when the TransDominion Express
became operational he, along with Congressman Rick Boucher,
introduced legislation in the Congress, the intent of which is to give the
TransDominion Express access to Norfolk Southern and CSX rail lines
not only because of the nation wide right-of-way of Amtrak, but also
because it is hoped that Amtrak will provide rolling stock.
*The greatest concern with regard to what is going on with Interstate.81
is that the State has used the public/private partnership as an
opportunity to find a way to do what has to be done on 1-81 and to shift
resources from the western part of the State to other parts of the State,
which is wrong. Such action would basically require tolls of such a
magnitude so as to make Southwest Virginia unattractive to
businesses that may be considering locating or expanding their
businesses in or to southwest Virginia.
*Two basic proposals have been presented regarding 1-81; i.e.: one is
gold-plated and one is too inexpensive; the STAR Solution separates
cars from trucks which would include separate exit ramps, separate
interchanges, additional lanes, environmental impacts, all of which
could cost up to $7 - 8 billion, and the Fluor proposal which involves
three lanes and prohibits trucks in the third lane could cost $1.8 billion
and is too inexpensive. Neither proposal appears to be workable.
*The legislature should make a preliminary decision on whether to
have separate lanes for trucks and cars in the very near future because
when the Highway Bill moves on to Congress sometime next year, if the
State has not made a decision by that time, Virginia will be left out of a
large sum of money that will be sought by other parts of the country.
Tolls must be lower because $65.00 one way throughout 325 miles of
Virginia is outrageous, especially if Southwest Virginia is to remain
competitive with other localities that would like to be the transportation
corridor for all business.
*It is expected that the State will make a preliminary decision on which
is the preferred route and allow both STAR Solutions and Fluor to bid
on that basis.
*He supports enhancement monies because communities like Roanoke,
Lynchburg, Staunton, and Harrisonburg should have more than just
highway funds.
*There may be some positive news in the near future with regard to the
old First Street Bridge.
*Interstate-73 is of ongoing interest and concern, and a decision as to
what will happen in southeast Roanoke City is still unresolved and is
obviously a problem.
*Route 220, as it currently exists, could use improvements, but even
with improvements, the roadway will never be safe for a school bus
picking up and dropping off children at the same time that a tractor
trailer is traveling on the highway. He has encouraged the State to
make it possible for persons to sell land for the right-of-way, but the
historic district issue needs to be resolved. The matter is unresolved
at this point, but is expected to be settled in the not too distant future,
however, a lack of funds will impact the decision.
*1-81 is a priority that will come ahead of 1-73. In the meantime, limited
actions can be taken to make Route 220 safer; and he has strongly
supported an interstate highway connector to the State of North
Carolina.
*An appropriations request for the Roanoke River Flood Control Project
has been submitted, the House Bill contains only $2 million, and the
final decision of the House and the Senate is not known at this time.
*The Roanoke River Greenway will take place simultaneously with
segments of the Roanoke River Flood Control Project.
The City Manager advised that the most expensive part of the greenway is
included in the second phase of the Flood Control Project and is the most
challenging and costly component.
Congressman Goodlatte further advised that:
*In September, leaders in technology from approximately ten different
countries will visit the City of Roanoke for a Conference on Technology
at The Hotel Roanoke and Conference Center, and $1 million was
appropriated for the Conference which will provide an opportunity to
highlight the Roanoke Valley.
*He was successful in securing $1,050,000.00 for the Greater Roanoke
Transit Company to be used for heavy duty buses and a new RADAR
facility.
*Another request has been submitted for the O. Winston Link Museum,
pending the Transportation Bill.
*A request has been submitted on behalf of the Art Museum of Western
Virginia or capital funds for construction of a new building.
*A request has been submitted for Carillon Health Care to support the
new "Smart Operating Room" which will bring the Roanoke Valley to
the forefront in medical technology.
*A request has been submitted for a Southwest Virginia Dental Access
Program to provide dental care for Iow income children.
*Funds were obtained in order to expand Virginia Western Community
College for distance learning.
The Mayor advised that Council met earlier in the day with the School Board,
a discussion took place regarding Federal funding for special education students,
and it was reported that mandated regulations require the expenditure of
$13,357,000.00, however, the City of Roanoke is reimbursed only $2,334,000.00 by
the Federal Government, or 17 per cent.
]7
Congressman Goodlatte advised that in the past, Congress committed to a 40
per cent reimbursement, presently the target is for the reimbursement to be in the
Iow 20 per cent in about nine years, and there will be steady, but slow improvement
in the reimbursement per centage.
Council Member Fitzpatrick advised that Blue Ridge Public Televison recently
connected the largest digital server in the United States to Virginia Western
Community College for the purpose of distance education in southwest and south
side Virginia. He asked that Congressman Goodlatte review the matter to determine
if this range of technology will provide an opportunity to do different things in the
future. He further advised that it is hoped that the City of Roanoke will submit a
proposal in the near future with regard to the trolley/incline for Mill Mountain.
Council Member Cutler inquired if there is a role for the Federal Government
to play in the Roanoke Valley's effort to bring better air service to Roanoke.
Congressman Goodlatte responded that beginning September 12, 2001, a pull
out of all air service in the Roanoke Valley was experienced, the City of Lynchburg
was severely impacted and Wyers Cave was almost wiped out; $20 million per year
was included in a program to provide assistance to certain communities to improve
air service; each year hundreds of airports throughout the United States have
applied for funds; however, the City of Lynchburg was the only airport in Virginia to
receive funding, in the amount of $500,000.00, which was used to restore air service
by Delta Airlines.
The City Manager advised that the Roanoke Regional Airport Commission has
submitted an application for $1 million, with the understanding that the City has a
more than adequate match to the $1 million.
Council Member Bestpitch emphasized education and transportation issues,
because funding for special education has many implications for education funding
overall. He stated that the average cost of educating a child with special needs is
significantly higher than the average cost of educating other children and impacts
the school system when requirements are mandated to provide the education, but
funds are not forthcoming. He added that much is heard about Federal interest to
ensure that schools are accountable for the outcomes of education, but mixing
accountability without providing additional resources to get the job done, creates
difficulties.
Congressman Goodlatte advised that localities should not be required to fund
any program unless government provides the funds; he has sought and continues
to seek greater accountability between the Standards of Learning in Virginia and
Federal requirements; secondly, cities and school districts around the country
should have greater flexibility in allocating their dollars and addressing issues of
accountability, rather than the bureaucrats in Washington allocating the funds to
those areas where money is not needed, while leaving other important areas in need.
He added that there is merit in stating that there will be some flexibility for localities
to test which may lead to some schools being closed or started over; and
requirements from the Federal Government should only be commensurate with the
Federal Government's involvement, which is only eight or nine per cent of the total
amount of education, and should not be the driving force, given the struggle with
regard to identifying special education dollars. He advised that there will not be a
dramatic increase from the Federal Government on public education in general, but
the plan is to provide some increase.
The Mayor and Members of Council commended Congressman Goodlatte for
his efforts on behalf of the City of Roanoke.
There being no further business, at 1:25 p.m., the Mayor declared the meeting
in recess.
The Council's work session reconvened at 1:25 p.m., in Room 159, Noel C.
Taylor Municipal Building, City of Roanoke, for one briefing.
CITY EMPLOYEES:
The City Manager advised that in March 2003, the City administration initiated
the first comprehensive City employee survey and contracted with The Virginia
Tech Center for Survey Research to conduct the survey; whereupon, she introduced
a briefing on survey results.
Susan Willis-Walton, representing The Virginia Tech Center for Survey
Research, advised that:
*Seven in ten City employees (70.1 per cent) think of their benefits as
part of their earnings.
*In comparing the City of Roanoke with other localities, 13 items were
selected from different content areas; City of Roanoke responses were
compared to 388 localities with 750 - 1,875 employees; and 60 per cent
of comparison localities are located on the East Coast.
*Outstanding strength (92 per centile) "1 feel that the work I do is
important."
*Other strengths (81st - 89th percentile):
"The work done by City employees makes Roanoke a better place for
citizens."
"1 have a clear idea of my job responsibilities."
"1 have the skills necessary to perform my job well."
"1 like the type of work I do."
*Two questions above average (53rd and 62nd percentile):
"Employees receive communications from the top management of the
City of Roanoke often enough."
"If I do a job, I have a better chance of getting ahead."
*Six questions below average (36th and 46th percentile):
"Job promotions with the City are fair."
"1 feel free to express my opinions in my job without worrying about
negative results."
"City policies for employees are carried out in a consistent manner."
"The City of Roanoke as a whole is well-managed."
"The City as a workplace is free of harassment, intimidation and
discrimination"
"The City of Roanoke treats employees equally regardless of the
gender of the employee."
*Next steps:
Holding departmental and City wide focus groups on key survey
issues
Overall survey results and results by group have been released to
department heads
Survey response team formed
Results are available to employees via the Intranet
Results will be shared with employees through a series of articles in
the City Corner
Survey results have been discussed at Director's Retreat
*Survey instructions were:
CSR at Virginia Tech as outside contractor
Explained purpose of survey
Employees to receive feedback
Assured of confidentiality
Survey was voluntary, could also decline to answer individual
questions
Could write additional comments
Told to write in group number
Fifty-nine seatings were scheduled from March 10 - 14, 2003 (36
throughout the City and 23 in the EOC)
Surveys were sent to Fire/EMS, Water operations, Youth and Water
Pollution Control Plant.
*Survey topics included benefits and compensation, communication,
diversity, environment, evaluations, job expectations, job satisfaction,
job training, leadership, morale, motivation, recognition, service to
citizens, values and work life.
*Goals of the survey:
To foster communication and employee input
To maintain most effective workforce possible
To identify key strengths and weaknesses as perceived by employees
To create a better working environment for all employees
*Methodology used:
Invitation process
Survey pre-test process
Survey instrument design
66 survey items
Survey administration procedures
1,328 employees completed surveys
70 per cent response rate, _+1.48 margin of error
Compilation of data
Tabulation of results
*Respondent demographic characteristics:
53.5 per cent - 40 years of age or older
73.3 per cent reported race as "White"
69.8 per cent reported annual salary >$40,000.00
64 per cent male
63 per cent have worked for the City six or more years
*Highlights of levels of employee agreement with selected statements:
I understand that the Employee Core Values (honesty, respect,
responsibility, and teamwork) are an important part of how we provide
service - 83 per cent
Protecting the environment is a priority for the City - 78 per cent
Providing high quality service to citizens is a priority with the City of
Roanoke - 81 per cent
Overall, my morale at work is good - 73 per cent
*Statements with the highest employee agreement (percentage
"strongly and somewhat agree")
I have the skills to do my job well (96.0)
I feel my work is important (95.9)
I like the work I do (95.3)
I have clear job responsibilities (93.1)
City employee work makes the City a better place (91.5)
*Statements with least employee agreement (percentage "strongly and
somewhat agree")
Job promotions are fair (32.6)
City as a whole is well-managed (39.2)
City welcomes free and open input (43.3)
Policies carried out in a consistent manner (42.2)
Employees treated with respect (46.4)
The City Manager advised that another survey will be conducted in
approximately one year and the current survey will be used as a benchmark to
identify progress.
At 1:50 p.m., the Mayor declared the meeting in recess until 2:00 p.m., in the
City Council Chamber.
At 2:00 p.m., on Tuesday, September 2, 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 D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................................................. 7.
ABSENT:NONE ................................................................................. ~.
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 David A. Fraser,
Pastor, Faith Alliance Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS: NONE.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda 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; however, if discussion is
desired, the item will be removed from the Consent Agenda and considered
separately.
CITY COUNCIL.PARKS AND RECREATION-LEASES: A communication from
the City Manager requesting Council schedule a public hearing for Monday,
September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard,
with regard to a contractual agreement for operation of the Rocwood Indoor
Adventure Center, was before the body.
It was explained that the City of Roanoke Department of Parks and Recreation
has finalized the "competitive negotiation" process and identified an experienced
service provider to operate and maintain the Rocwood Indoor Adventure Center,
which is located within the Parks and Recreation Administrative Building, 210
Reserve Avenue, S. W.; and in order to execute a contract between The Climbing
Performance Institute, Inc., and the City of Roanoke, a public hearing is required to
be held.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ............................................................................................... 7.
NAYS:NONE ......................................................................................... ~.
CITY COUNCIL-BUDGET: A communication from the City Manager requesting
that Council schedule a public hearing for Monday, September 15, 2003, at
7:00 p.m., or as soon thereafter as the matter may be heard, to consider an
adjustment to the City of Roanoke Fiscal Year 2003-04 budget, was before the body.
It was explained that each year the Year-end General Fund Balance and
Retained Earnings for Internal Service Fund and Enterprise Funds are appropriated
for funding of the Capital Maintenance and Equipment Replacement Program
(CMERP) and other necessary items; and pursuant to Section 15.2-2507, Code of
Virginia (1950), as amended, a locality may amend its budget to adjust the aggregate
amount to be appropriated during the current fiscal year as shown in the current
adopted budget, however, any such amendment which exceeds one per cent of total
expenditures shown in the adopted budget, orthe sum of $500,000.00, whichever is
lesser, must be accomplished by publishing a notice of public hearing.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith .............................................................................................. -7.
NAYS:NONE ......................................................................................... 0.
CITY COUNCIL-EASEMENTS-SCHOOLS: A communication from the City
Manager requesting that Council schedule a public hearing for Monday, September
15, 2003, or as soon thereafter as the matter may be heard, on the conveyance of an
easement to Appalachian Power Company at Patrick Henry High School.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ........................................................................................... 7.
NAYS:NONE ..................................................................................... ~.
EASEMENTS.CITY COUNCIL.CITY PROPERTY: A communication from the
City Manager requesting that Council schedule a public hearing for Monday,
September 15, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard,
with regard to conveyance of an easement on City owned property on Barnes Road,
N. W., was before the body.
Mr. Cutler moved that Council concur in the request of the City Manager. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ............................................................................................... 7.
NAYS:NONE ...................................................................................... ~.
OATHS AND OFFICE-COMMITTEES-ROANOKE
FIFTHPLANNING DISTRICT COMMISSION.YOUTH: The
qualification were before Council:
ARTS COMMISSION.
following reports of
Kathleen W. Lunsford as a member of the Roanoke Arts Commission,
for a term ending June 30, 2006;
Jennifer L. Pfister as a member of the Roanoke Valley-Allegheny
Regional Commission, for a term ending June 30, 2006, and
Kristina W. Hodges as a member of the Youth Services Citizen Board,
for a term ending May 31, 2006.
Mr. Cutler moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith .............................................................................................. -7.
NAYS:NONE ......................................................................................... ~.
REGULAR AGENDA
PUBLIC HEARINGS:NONE.
PETITIONS AND COMMUNICATIONS: NONE.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-GRANTS-POLICE DEPARTMENT: The City Manager submitted a
communication advising that the City of Roanoke's Homeland Defense initiative has
been commended for its innovation and training of first responders; since the
terrorist threat has increased, focus on the use of Roanoke Police Department
Citizen Police Academy graduates serving as volunteers within the Police
Department has taken on a new importance; the Police Department has begun to
train its Citizen Police Academy graduates to assist in roles that might free sworn
police officers to patrol the streets, and prevent and react to criminal activities; and
currently, funding of the Citizen Police Academy is provided by citizen and business
donations, as well as by special fund raising within the community.
It was further advised that the Virginia Department of Criminal Justice
Services has awarded the City of Roanoke a $4,050.00 One-Time Special Request
Fund for Local Law Enforcement Agencies Grant; a local match of $1,350.00 is
required, with funds for the match having been identified; and funds from the grant
will support continuation of existing training of the basic and advanced Citizen
Police Academy and the recent expansion of the program to encourage graduates
to provide volunteer services within the Police Department.
The City Manager recommended that she be authorized to accept the grant,
in the amount of $4,050.00, from the Virginia Department of Criminal Justice One-
Time Special Request Fund for Local Law Enforcement Agencies, with the City of
Roanoke providing $1,350.00 as a local cash match from funds budgeted in the
Police Training budget, Account No. 001-640-3115-2044; that the City Manager be
authorized to execute the grant agreement and any related documents, to be
approved as to form by the City Attorney; that Council appropriate of $5,400.00 and
establish corresponding revenue estimates in accounts to be established by the
Director of Finance in the Grant Fund; and transfer $1,350.00 from Police Training,
Account No. 001-640.3115-2044, to Transfer to Grant Fund, Account No. 001-250.
9310-9535.
Mr. Dowe offered the following budget ordinance:
(#36466-090203) 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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36466-090203. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith .............................................................................................. -7.
NAYS: NONE .......................................................................................... 0.
Mr. Fitzpatrick offered the following resolution:
(#36467-090203) A RESOLUTION authorizing the acceptance of the One Time
Special Request Fund for Local Law Enforcement Agencies by the Commonwealth
of Virginia Department of Criminal Justice Services and authorizing the execution
of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No.68.)
Mr. Fitzpatrick moved the adoption of Resolution No. 36467-090203. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ............................................................................................... 7.
NAYS: NONE ......................................................................................... -0.
27
BUDGET-ROANOKE CiViC CENTER-COMMONWEALTH OF VIRGINIA
BUILDING: The City Manager submitted a communication advising that the United
States Bankruptcy Court leases space in the Commonwealth Building; funding is
needed for renovation and expansion of office space currently utilized by the U. S.
Bankruptcy Court; cost of renovation and expansion will be covered through
adjustments to the lease contract over a period not to exceed five years; and
additional funding is needed for completion of Phase I of the project.
The City Manager recommended that she be authorized to transfer $180,000.00
from the following sources to the U. S. Bankruptcy Court: $133,414.00 from FY03
Unappropriated Capital Maintenance and Equipment Replacement Program Funds,
Account No. 0013- 3323, $29,800.00 from the Residual Equity Transfer Account from
the closeout of Management Services and Materials Control Funds, Account No.
001-3337, and $16,786.00 from the Capital Improvement Reserve Buildings, Account
No. 008-052-9575-9173.
For the Civic Center Expansion and Renovation Project, the City Manager
recommended transfer of $260,000.00 from the Capital Improvement Reserve-
Buildings Account No. 008-052-9575-9173, to the Transfer to Civic Center Fund,
Account No. 008-530-9712-9505; appropriate 260,000.00 in the Civic Center
Expansion/Renovation, Phase I, Account No. 005-550-8615-9003, and establish a
corresponding revenue account in the Civic Center Fund.
Mr. Dowe offered the following budget ordinance.
(#36468-090203) AN ORDINANCE to amend and reordain certain sections of
the 2003-2004 General, Civic Facilities and Capital Projects Funds Appropriations,
and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36468-090203. The motion
was seconded by Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris; Wyatt,
and Mayor Smith ............................................................................................... 7.
NAYS:NONE ......................................................................................... ~.
HUMAN RESOURCES-BUDGET-GRANTS-VIRGINIA EMPLOYMENT
COMMISSION: The City Manager submitted a communication advising that the City
of Roanoke is the grant recipient for Workforce Investment Act (WIA) funding, thus,
Council must appropriate funds for all grants and other monies received, in order
for the Western Virginia Workforce Development Board to administer WIA programs;
the Western Virginia Workforce Development Board administers the Federally
funded Workforce Investment Act (WIA) for Area 3, which encompasses the Counties
of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the Cities of Covington,
Roanoke, and Salem; and WIA funding is intended to be used for the following
primary client populations:
Dislocated workers who have been laid off from employment
through no fault of their own;
Economically disadvantaged individuals as determined by
household income guidelines defined by the U. S. Department of
Labor;
Youth who are economically disadvantaged, or have other
barriers to becoming successfully employed adults; and
4. Businesses in need of employment and job training services.
It was further advised that the Western Virginia Workforce Development Board
has received a Notice of Obligation (NOO) from the Virginia Employment
Commission authorizing Workforce Investment Area 3 to spend $101,565.00 for the
Adult Program and $518,742.00 for the Youth Program, which serve economically
disadvantaged persons, and $128,313.00 for the Dislocated Worker Program, which
serves persons laid off from employment through no fault of their own in Program
Year 2003 (July 1, 2003 - June 30, 2004).
The City Manager recommended appropriation of Western Virginia Workforce
Development Board Workforce Investment Act funding, in the amount of
$748,620.00, and establish corresponding revenue estimates in accounts to be
established in the Grant Fund by the Director of Finance.
Mr. Fitzpatrick offered the following budget ordinance.
(#36469-090203) 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.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Fitzpatrick moved the adoption of Ordinance No. 36469-090203. The
motion was seconded by Mr. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ............................................................................................. 7.
NAYS:NONE .......................................................................................... 0.
CITY MARKET-FEE COMPENDIUM: The City Manager submitted a
communication advising that Downtown Roanoke, Inc., (DRI) administers the day
to day operations for the Historic Roanoke City Market, vendors selling goods on the
City Market currently pay DRI a monthly market space fee (formerly a curbage fee)
ranging from $20.00 to $30.00, or a daily rate of $5.00 per space; DRI uses fee
revenues for DRI management fees and to fund operational and marketing expenses
for the City Market; and fees were last revised in 1991.
It was further advised that a DRI City Market Fees Subcommittee consisting
of several vendors was formed to evaluate the fee schedule and to submit a
proposal to the Market Rules Committee; on August 4, 2003, the fee proposal was
approved by the Market Rules Committee (which included vendor representatives)
and a quarterly meeting was held with market vendors; those venders in attendance
unanimously approved the fee proposal; and on August 12, 2003, the DRI Board of
Directors voted in favor of the new market space fees, effective January 1, 2004.
It was noted that the current market space fee schedule was approved
pursuant to Resolution No. 35494-080601 on August 6, 2001, but no fee increases
were made at that time; in light of the need to update the market fee schedule and
to enhance promotional efforts, which was expressed by vendors participating in
the process, the following are recommended:
3O
The Monthly Primary/Shared permit or license will be $35.00 per space.
The Monthly Saturday Only permit or license will be $40.00 per space.
The Daily permit or license will be $10.00 per space.
The City Manager recommended that Council approve market space fees as
above described and amend the City's Fee Compendium accordingly, effective
January 1, 2004.
Mr. Dowe offered the following resolution:
(#36470-090203) A RESOLUTION providing for an amendment to the fees
charged for the use of market spaces at the Roanoke City Market, with such
changes to be effective January 1, 2004; and directing amendment of the Fee
Compendium.
(For full text of Resolution, see Resolution Book No.68.)
Mr. Dowe moved the adoption of Resolution No. 36471-090203. The motion
was seconded by Mr. Fitzpatrick.
Messrs. Mark Woods and Tony Thomas, market vendors, spoke in support
of the proposed rental fees.
David Diaz, President, Downtown Roanoke, Inc., spoke in support of the
proposed curbage rental fees.
Resolution No. 36470-090203 was adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt
and Mayor Smith .............................................................................................. -7.
NAYES:NONE ...................................................................................... ~.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS:NONE.
INTRODUCTION AND CONSIDERATION
RESOLUTIONS:
OF ORDINANCES AND
CITY COUNCIL-VIRGINIA MUNICIPAL LEAGUE: Mr. Dowe offered the
following resolution designating Mayor Ralph K. Smith as Voting Delegate and Vice-
Mayor C. Nelson Harris as Alternate Voting Delegate for the Annual Business
Session and meetings of the Urban Section of the Virginia Municipal League and
designating the City Manager as the Staff Assistant for any meetings of the Urban
Section on Tuesday, October 21, 2003, said meeting to be held in the City of
Roanoke:
(#36471-090203) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Session and meetings of the Urban Section
of the Virginia Municipal League and designating a Staff Assistant for any meetings
of the Urban Section.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Dowe moved the adoption of Resolution No. 36471-090203. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith .............................................................................................. 7.
NAYS:NONE ......................................................................................... ~.
CITY COUNCIL-NATIONAL LEAGUE OF CITIES: Mr. Harris offered the
following resolution designating Council Member M. Rupert Cutler as Voting
Delegate and Council Member William D. Bestpitch as Alternate Voting Delegate for
the Annual Business Meeting of the National League of Cities to be held on
Saturday, December 13, 2003, in Nashville, Tennessee.
(#36472-090203) A RESOLUTION designating a Voting Delegate and Alternate
Voting Delegate for the Annual Business Meeting of the National League of Cities.
(For full text of Resolution, see Resolution Book No. 68.)
Mr. Harris moved the adoption of Resolution No. 36471-090203. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ........................................................................................... -7.
NAYS:NONE ....................................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE-MAYOR AND
MEMBERS OF CITY COUNCIL:
ARCHITECTURAL REVIEW BOARD: Council Member Bestpitch requested that
a July 21,2003, entry on the Council's Pending Items List with regard to a review of
the Architectural Review Board appeals process, be removed from the Pending
Items List.
CITY COUNCIL-GREENWAYS: Council Member Bestpitch referred to
correspondence from a citizen in regard to non-paved running paths that were
constructed and maintained in the Denver, Colorado, area by volunteers. He advised
that most of the City's greenways and paved surfaces do not provide the best
conditions for those persons who run on a regular basis, and asked that the matter
be referred to the City Manager to determine if there are projects in the City of
Roanoke where volunteers could be used in the development of non-paved running
spaces.
CITY COUNCIL-FIRE DEPARTMENT: Council Member Cutler read a
communication from Forest Jones, City Manager, City of Salem, expressing
appreciation to the City of Roanoke for assistance in extinguishing a fire on August
20, 2003, at the Northwest True Value Hardware store located on West Main Street
in the City of Salem.
CITY COUNCIL-DECEASED PERSONS: Council Member Wyatt requested that
the City Attorney prepare a measure memorializing Mrs. John H. Parrot (Brooke),
wife of former Council Member John H. Parrot, who served on the Roanoke Public
Library Board.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for response,
recommendation or report to Council.
COMPLAINTS: Mr. Chris Craft, 1501 East Gate Avenue, N. E., presented
photographs depicting the deterioration of Mason Mill, and asked that the City
Manager address the situation as soon as possible. He referred to unsightly
conditions in the vicinity of 13th Street where junk vehicles are parked along the
curb.
ARMORY/STADIUM-COMPLAINTS: Mr. John Kepley, 2909 Morrison Avenue,
S. E., addressed Council with regard to the decision to construct a new
stadium/amphitheaterat Orange Avenue and Willliamson Road. He called attention
to the financial irresponsibility of the decision and advised that when the City
Manager took office in January 2000, the debt load per citizen was approximately
$600.00 versus approximately $2,000.00 currently and climbing; and numerous new
taxes have been imposed during the current City Manager's administration which
have been approved by Council.
He further advised that:
*The proposed deficit for the 2007 budget will be approximately $15
million and inquired as to how the deficit will be met the answer is a
major increase in real estate taxes for Roanoke's citizens.
*From 1988 to 1992, the debt increased $36 million over a five year
period; from 1993 to 1998 another $30 million; and from 1999 to 2003 -
$119 million.
*The City Manager has stated that the new stadium complex will cost
no more than $18 million, but if the real truth is known, another $10 to
$12 million could be added, bringing the total cost to approximately $30
million.
*He referred to the $38 million that will be spent next year to build a new
Patrick Henry High School, or the $49 million that will be spent for a
new William Fleming High School in 2007; and the lease agreement
with a local business man for $110,000.00 per month for 240 months,
or 20 years, which equals $26 million, with only rent receipts to show
for the expenditure, which represents fiscal irresponsibility.
*A task force should be appointed and charged with the responsibility
of curbing the reckless spending of taxpayers' money.
34
ARMORY/STADIUM: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that
she is concerned about the future direction of the City of Roanoke, and disrespect
for honest and open debate. She also expressed concern about the route that four
elected officials and one Council Appointed officer took with regard to the proposed
stadium/amphitheater project at Williamson Road and Orange Avenue, and inquired
as to why certain City officials are throwing logic and caution to the wind in order
to present a contested project in contested territory. She advised that barrels have
been uncovered at the proposed site without extensive study as to their contents;
and inquired if this shows concern for close by neighborhoods such as Lincoln
Terrace, Gainsboro and other surrounding neighborhoods, yet construction plans
for the new facility continue. She stated that false information was provided to the
City's consultants and false impressions were given about the true cost of the
stadium/amphitheater project; and a common thread throughout the entire process
has been a lack of dissemination of the true facts.
PAY PLAN-PERSONNEL DEPARTMENT-ARMORY/STADIUM: Mr. Robert
Gravely, 3360 Hershberger Road, N. W., expressed concern with regard to the
leadership of the City of Roanoke. He called attention to the need for an improved
pay scale for City employees and a more educated work force. He spoke against
construction of a new stadium/amphitheater on Orange Avenue and Williamson
Road, and encouraged the City to renovate and aggressively market Victory
Stadium.
CITY MANAGER COMMENTS:
FIRE DEPARTMENT-WATER RESOURCES: The City Manager advised that
during and immediately following the fire at Northwest True Value Hardware, the City
of Roanoke provided water to the City of Salem for several days, in order to ensure
an adequate and clean water supply.
COMPLAINTS: In regard to the previous remarks of Mr. Craft concerning the
Mason Mill project, the City Manager advised that a mechanical problem was
experienced some time ago and City staff is currently assessing costs in order to
repair the damage which will be extensive due to the age of the Mill.
POLICE DEPARTMENT: The City Manager presented an update on the Street
Crimes Unit which became operational on August 1,2003, and advised that as a part
of the program, police officers have focused their attention on known high crime
areas which have been the location of frequent citizen complaints.
HOUSING/AUTHORITY: The City Manager advised that recently a citizen
appeared before Council questioning whether there is a conflict of interest relative
to Council Member Dowe's purchase of property in the City of Roanoke, and his
subsequent construction of a house through Blue Ridge Housing Development
Corporation. She explained that several months ago, the City responded to the
Regional Office of the U. S. Department of Housing and Urban Development in
regard to a question regarding a potential conflict of interest; whereupon, she
reported that on August 22, 2003, a communication was received from the Director
of the Richmond Office, U. S. Department of Housing and Urban Development,
advising that the department found that documentation provided by the City is
sufficient to close the matter, with a determination that no conflict of interest
violating public trust, as codified in HUD's Community Development Block Grant
regulations, has occurred.
CITY CODE-MOPEDS: The City Manager advised that effective September 30,
2003, the City of Roanoke will begin enforcement enforce of the moped ordinance
and the community will be advised of the various locations where mopeds may be
registered.
At 2:45 p.m., the meeting was declared in recess for one briefing and two
closed sessions.
At 2:55 p.m., the Council meeting reconvened in Room 159, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, for a briefing on
management of the City's parking garages and surface lot parking.
PARKING GARAGES:
Representatives of Lancor Parking, LLC, presented the following:
*A history of Lancor's corporate profiles include:
Established in 1989
World headquarters in Midtown, Atlanta
Fastest growing parking company worldwide
Manages a multitude of facilities in 17 cities
315+ locations
1,000+ employees
Annual gross revenue in excess of $52 million
Believes that their customers are best served by associates with local
ownership
*Corporate profile with regard to parking operations/consulting includes:
Office Class "A"
Municipal
Special Events
Residential
Mixed-use
Hospitals
*Experience includes:
2000 Democratic National Convention
2001 Sugar Bowl
2002 Winter Olympic Games
*Some of Lancor's contracts/acquisitions include:
City of Roanoke - 4,000 spaces
Forsyth Medical Center
High Point Regional Medical Center
Bank of America - Charleston, South Carolina
Dominion Tower - Norfolk, Virginia
Atlantic Station
One Atlantic Center
Buckhead Plaza
Underground Atlanta
Atlanta Exchange (Macy's)
Capital City Plaza
BellSouth Metro Plan
Resurgence Plaza
Centennial Tower
Renaissance Center
South Trust Centergy & Metropolis
*First year accomplishments, Customer Service Improvements - City of
Roanoke:
Friendly and responsive staff
Presentable Booths
Windshield wash
City map program
Superior customer service
"1 Wish" program
Mystery Parker Program
Message in a Bottle
37
*First year accomplishments, Maintenance and Cleanliness. Facility
Cleaning Procedures
Daily cleaning
Equipment maintenance
Scheduled monthly painting
Landscaping services
Bulbs and lamps
*First year accomplishments, Equipment Replacement/Enhancements
On line system
Complete access control
Occupancy tracking
True parking scenario
Enhanced Revenue
Enforcement:
Parking enforcement ambassadors
Ticketing technologies
Ticket track system
*Maintenance and Cleanliness:
Daily cleaning
Equipment maintenance
Scheduled monthly painting
Landscaping services
Bulbs and lamps
*First year accomplishments/recommendations implemented:
Problems found and fixed:
Maintenance and equipment at Gainsboro
Fire systems at Williamson Road Garage
Plumbing at Century Station Garage
Wiring at Market Square Garage
Conduit issues at all garages
Waiting list reduction:
New equipment enhancement
Card audit
Transit revenue:
Cashier audits
Validation Programs:
City guest validation tracking
Paid validation program
*Future Coals and Projects in Progress
Alternative Revenue Solutions
Billboard advertising opportunities
Ticket Advertising
Garage Security Plan
Create Way Finding Signage
Direct area visitors to parking
Variable parking special signs
Marketing campaign
Parking is available in the Market
Objective parking consulting
Validation programs
Discounted validation plan
At 3:20 p.m., the Mayor declared the City Council meeting in recess for two
Closed Sessions, which were conducted in the Council's Conference Room, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke.
At 3:55 p.m., the meeting reconvened in the Council Chamber, with Mayor
Smith presiding, and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Cutler
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. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayor Smith ........................................................................................... 7.
NAYS: ................................................................................................ ~.
OATHS OF OFFICE-PERSONNEL DEPARTMENT-CITY EMPLOYEES: The
Mayor advised that there is a vacancy on the Personnel and Employment Practices
Commission created by the resignation of Carol W. Tuning, and called nominations
to fill the vacancy.
Mr. Bestpitch placed in nomination the name of Edward C. Bradley.
There being no further nominations, Mr. Bradley was appointed as a member
of the Personnel and Employment Practices Commission, for a term ending June 30,
2006, by the following vote:
FOR MR. BRADLEY: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, Wyatt, and Mayor Smith ...................................................................... 7.
NAYS: ............................................................................................... -0.
OATHS OF OFFICE-HOUSING/AUTHORITY: The Mayor advised that the four
year term of office of Joseph F. Lynn an a Commissioner of the Roanoke
Redevelopment and Housing Authority expired on August 31, 2003, and called for
nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Joseph F. Lynn.
There being no further nominations, Mr. Lynn was reappointed as a
Commissioner of the Roanoke Redevelopment and Housing Authority, for a term
ending August 31, 2007, by the following vote:
FOR MR. LYNN: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
Wyatt, and Mayor Smith .................................................................................... 7.
OATHS OF OFFICE-SCHOOLS: The Mayor advised that there is a vacancy on
the Virginia Western Community College, Board of Directors, created by the
ineligibility of Audrey Wheaton to serve another term, and called for nominations to
fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Joseph B. Wright.
There being no further nominations, Mr. Wright was appointed as a member
of the Virginia Western Community College, Board of Directors, for a term ending
June 30, 2007, by the following vote:
FOR MR. WRIGHT: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, Wyatt, and Mayor Smith ......................................................................... -7.
NAYS: ................................................................................................ ~.
OATHS OF OFFICE-HUMAN SERVICES COMMITTEE: The Mayor advised that
the one year term of office of Vickie L. Price as a member of the Human Services
Committee expired on June 30, 2003, and called for nominations to fill the vacancy.
Mr. Fitzpatrick placed in nomination the name of Vickie L. Price.
There being no further nominations, Ms. Price was reappointed as a member
of the Human Services Committee for a term ending June 30, 2004, by the following
vote:
FOR MS. PRICE: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris,
Wyatt, and Mayor Smith .................................................................................. -7.
There being no further business, at 4:00 p.m., the Mayor declared the meeting
in recess until Friday, September 5, 2003, at 8:30 a.m., for the City Council's
Planning Retreat, to be held at the Donaldson Brown Hotel and Conference Center,
on the campus of Virginia Tech, Blacksburg, Virginia.
The September 2, 2003 City Council meeting reconvened on Friday,
September 5, 2003, at 8:30 a.m., in the Executive Board Room, Donaldson Brown
Conference Center, on the campus of Virginia Tech, Blacksburg, Virginia, with
Mayor Ralph K. Smith presiding.
COUNCIL MEMBERS PRESENT: William D. Bestpitch, M. Rupert Cutler,
Beverly T. Fitzpatrick Jr. (arrived late), C. Nelson Harris, Linda F. Wyatt and Mayor
Ralph K. Smith ................................................................................................ 6.
ABSENT: Council Member Alfred T. Dowe, Jr.- ........................................... 1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
OTHERS PRESENT: Rolanda B. Russell, Assistant City Manager for
Community Development; George C. Snead, Jr., Assistant City Manager for
Operations; and Dr. Bruce Blaylock, Facilitator.
The meeting was opened with a welcome by Dr. Mark McNamee, Provost and
Vice-President of Academic Affairs, Virginia Tech.
Dr. Bruce Blaylock, a professor at Radford University, served as Facilitator.
COUNCIL: Dr. Blaylock commended the Council on establishing a tremendous
amount of ground in its previous Council Retreats, and advised that the agenda for
the day would include strategic planning which can be broken down into a triangle,
including Action, Results, Goals, Strategies, Mission and Vision; with the Vision
serving as the planning piece - What does Council want to see for the City of
Roanoke? He stated that the Council would engage in an exercise to reaffirm its
mission and to establish goals for the coming year, with a focus on results to
accomplish goals and an exercise enumerating those things that have been
accomplished that the Council is most proud of; to affirm or to revisit the Vision for
2012; to review the four established strategic goals to ensure that they continue to
represent the Council's direction; to identify the most pressing issues for attention
by Council in the coming year; and to establish a timetable for addressing specific
issues.
Members of Council and the City Manager participated in an exercise listing
accomplishments of the City of Roanoke during the past year:
*The water situation has improved and the City is on a path to a long
term solution.
*Adopted the Comprehensive Plan/Neighborhood Plans.
*Resignation of a Member of City Council - the unexpired term was
filled and the process ran smoothly.
*The Victory Stadium issue was addressed while maintaining
professional and personal respect/lines of communication were kept
open.
*Progress on housing issues: Southeast by Design which is the
revitalization of a Iow to moderate income neighborhood; and (2)
encouraging more market rate development on available City property.
*Initiated steps to improve air service by working with other
governments in the area and the Roanoke Regional Chamber of
Commerce/improved working relationships with other governments.
*Established a good working relationship with the School Board.
*Improved the quality of appointments to a number of Council
Appointed boards and commissions.
*Adopted an improved process for appointment of persons to boards
and commissions.
*Upon the retirement of the Director of Real Estate Valuation; a Council
Appointed Officer, the position was merged with the responsibilities of
the Director of Finance. A smooth transition occurred while
streamlining operations and increasing efficiency.
*Developed better working relationships with elected entities in
surrounding jurisdictions through more interaction and thinking of the
area as a region/the City of Roanoke reached out to other localities.
*First employee survey has established a good baseline for future
surveys/a plan is in place for responding to the survey/and a plan of
action will be developed.
*Saved taxpayers' money by taking advantage of Iow interest rates and
refinancing the City's long term debt.
*Reduced the number of City owned vehicles which has lowered
emissions and reduced air pollution.
*Strengthened greenway trail system management of Carvins Cove
Watershed for recreation.
(At this point, Council Member Fitzpatrick entered the meeting.)
*Actions taken by the City Manager have led to an improved
environment.
*The City was impacted by State budget cuts/lack of revenue growth.
The decrease was absorbed without a negative impact on service to
Roanoke's citizens.
*Much progress has been made on revising the Zoning Ordinance a
group of approximately 20 citizens have volunteered a tremendous
amount of time reviewing the ordinance line by line and point by point.
*The Council and the City Manager have taken on a major role in the
Virginia First Cities Coalition to address State budget cuts.
*Council is more decisive in making leadership decisions.
43
*Protection of Roanoke's neighborhoods through architectural
standards.
*Successfully addressed the naming of something in memory of Dr.
Martin Luther King, Jr.
*Addressed the need for improvements on the first floor (Planning,
Building and Code Enforcement are more responsive to the
community).
*Working effectively to address deer management in the City.
*A newly formed committee, the Roanoke Neighborhood Advocates,
have taken neighborhood organizations to a higher level of advocacy.
*The City organization and the Roanoke community have engaged in a
higher use of technology.
*Establishment of Event Zone.
*Downtown housing has been increased through endorsement by
Council of the housing policy.
*Adoption of the 2003 Legislative Program/five bills were introduced
and approved by the Virginia General Assembly.
*Adoption of a new procurement ordinance that brings structure to the
City's procurement system.
*Improved coordination of planning and coordination with market area
vendors/outdoor dining.
*Greater follow through and accountability on the Comprehensive Plan.
*Council and the City Manager are more comfortable with change and
dealing with conflict when there is not a perfect resolution, which has
made the City organization stronger.
*A good working relationship between Members of Council, the City
Manager, and Members of the City staff.
*Improved Council communication.
44
There was discussion with regard to ways to improve communication with
citizens; whereupon, the following comments were offered:
*Televise on RVTV Channel 3 informal Council briefings and joint
sessions of the Council and other Council Appointed committees,
such as the Roanoke City School Board, Roanoke Redevelopment and
Housing Authority, Architectural Review Board, City Planning
Commission, etc.
*Summary by the City Manager of each agenda item listed under the
City Manager's section of the agenda prior to introduction of the item.
*Posting of announcements routinely read by the Mayor prior to each
Council meeting on a screen in the Council Chamber.
*Summarization of actions taken at each Council meeting immediately
following the Council meeting on RVTV-Channel 3.
*Summarization of the contents in the title paragraph of each budget
ordinance.
*Electronic voting by the Council as a time saving measure.
The facilitator reviewed the 2012 Vision - Principals to Guide Our Future:
*Recognized as the Capital of Western Virginia: Economic,
Government, Service, Culture
*Strong Neighborhoods: Quality City Infrastructure, Livable Homes
*Recognized for Educational Excellence: 1`t Rate Schools, Preschools
to Universities
*City Connectivity with Universities and Colleges
*Riverfront Developed as an Exciting, Mixed Use Focal Point: To Live,
To Work, To Play
*Protection of Our Natural Beauty and Resources
*Reuse and Redevelopment of Land for Better Uses
45
*Businesses and Individuals Investing in Roanoke, in Downtown
*Entertainment Destination Point: Major Events, Sports and Festivals
*Young Adults Choose to Live Here: Reputation as an Exciting Place to
Live
* Ease in Travel To and From Roanoke: Air, Rail, Highway
*Quality Water Supply: Adequate, Affordable Costs Meeting Community
Needs
*Strong Community Pride in Roanoke
*Financially Sustainable City Government with Cost-Effective Service
Delivery
Dr. Blaylock inquired as to changes, if any, that the Council would like to
make in the 2012 Vision; whereupon, the following were reported:
CHANGE: Ease in Travel To and From Roanoke: Air, Rail, Highway
TO: Ease in Travel To, From and Within Roanoke: Air, Rail, Highway
CHANGE: Strong Neighborhoods: Quality City Infrastructure, Livable
Homes
TO: Strong Neighborhoods: Quality City Infrastructure, Market Rate Or
Mixed Use Homes
ADD.' Develop River Front As An Exciting Focal Point
ADD: Roanoke Should Have Jobs That Lead to the Area Being the
Economic Engine for the Region.
Dr. Blaylock led the Council in a review of the following goals/objectives:
GOAL NO. I - HEALTHY LOCAL ECONOMY
Objectives:
*Promote development of upper end housing opportunities.
*Partner with other localities to attract businesses to Roanoke Valley.
*Actively promote and market "Roanoke"- our brand.
*Support the retention and expansion of local businesses and increase
participation by all businesses.
*Strengthen the Roanoke Valley link to other metropolitan areas via air
service, rail service and interstate highways.
*Diverse local economy: medical, government, tourism, small
businesses.
*Place for businesses to start and grow.
*Development of a quality workforce linked to job opportunities.
*Raise per capita income at level to support families.
*Wastewater, water capacity to support businesses, including water
reuse.
*Expanded outdoor activities in the natural area.
*Highest retail sales tax per capita - more unique, distinctive shopping
opportunities attracting shoppers.
(No changes were suggested by Council to Goal No. 1.)
GOAL NO. 2 - STRONG NEIGHBORHOODS
Objectives:
*Improving property maintenance through prevention and enforcement-
including removal of blighted/worn-out structures.
*Involving citizens as responsible partners in enhancing quality of
neighborhoods and addressing neighborhood problems.
47
*Supporting home ownership and well-maintained, safe homes, range
of homes available at affordable prices.
*Developing and using realistic, usable neighborhood plans that link to
Comprehensive Plan and guides the future of the neighborhood.
*Protecting the integrity of the neighborhood through
design/development standards, standards for infill.
*Preserving our community heritage - our architecture, our
neighborhoods, our housing options.
*Significant improvement in specific targeted neighborhoods.
*Linking neighborhoods to amenities.
*Pedestrian-friendly street designs and neighborhoods.
*Diverse incomes living in neighborhoods.
*Maintaining/improving City infrastructure: streets, streetscapes.
(No changes were suggested by Council to Goal No. 2.)
GOAL NO. 3 - VIBRANT GREATER DOWNTOWN
Objectives:
*Increasing residential opportunities in downtown area, including
attracting support businesses - supermarket, drugstore, other retail.
*Expanding downtown revitalization into areas surrounding
neighborhoods.
*Supporting major projects: education center, Riverside Center, - job
opportunities, building/infrastructure development.
*Enhancing downtown aesthetics and cleanliness -greenspaces, trees,
streets and streetscapes.
*Protecting quality of downtown development through zoning,
development standards, quality infrastructure.
48
*More adequate, accessible parking to support downtown revitalization.
*Developing reputation as center for culture and arts, entertainment.
*Expanding entertainment opportunities.
*Developing connecting districts - market, financial rail.
*Alive 24~7.
*Maintaining integrity for downtown.
*Determining best land use in downtown.
*Becoming destination point - people coming to and attracted to
downtown.
Council suggested one revision to Goal No. 3:
CHANGE: Developing reputation as center for culture and arts,
entertainment.
TO: Developing reputation as center for culture and arts, entertainment-
support office and institutional uses.
GOAL NO. 4 - QUALITY SERVICES: RESPONSIVE, COST EFFECTIVE
Objectives:
*Investing and using technology in service delivery and management.
*Evaluating City performance through City surveys and benchmarks.
*Developing and retaining productive, motivated workforce with well-
trained, competent and diverse employees.
*Process of continuous improvement empowering employees to offer
ideas and to try a new approach.
*Quality City facilities and buildings.
*Streamlining service delivery.
49
*Focusing on core competency of City.
*City providing valued services, responsive delivery.
*Use of green technology and resources by City government.
*Customer service valued and demonstrated by our City employees.
Greater accountability for services, results.
No changes were suggested by Council to Goal No. 4.
The Facilitator requested that Council and the City Manager break out into
three teams to review each of the objectives listed under the four goals, and respond
to the following questions: "1 know this objective will be completed when?" "What
will it look like when we get to the point that we are satisfied?"
Dr. Blaylock requested that each team take a specific goal and draft actions
that they believe are appropriate for the Council and the City Manager during the
coming year, in order to reach a vision on what the goal should look like at the end
of one year. Secondly, each team was requested to place a check mark indicating
whether the action is to be initiated by the City Manager or the City Council; if an
individual Member of Council wishes to take responsibility, they were requested to
place their initials beside the item; and the two Assistant City Managers were
instructed to engage in an activity identifying obstacles that could prevent
successful completion of an action.
Following the exercise, Council and the City Manager were instructed to
identify top and high priority items.
Dr. Blaylock advised that a compilation of responses would be prepared
following the meeting and forwarded to the City Manager.
(See compilation on file in the City Clerk's Office.)
The City Manager advised that the responses by Council Members in the
priority ranking of certain items reinforced some of the attention that has been given
by Council to those items. She called attention to budget challenges, and input by
Council will provide good direction to City staff; and all items will be reviewed
following receipt of the summary by Dr. Blaylock.
There being no further business, the Mayor declared the September 2, 2003
meeting of City Council, which was recessed until Friday, September 5, 2003, at
8:30 a.m., adjourned.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
5!
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
October 23, 2003
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is 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.
Sincerely,
Ralph K. Smith
Mayor
RKS:snh
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
October 30, 2003
File #15-110-230
Judith M. St. Clair, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. St. Clair:
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Mary F. Parker, CMC
City Clerk
MFP:ew
Sincerely,
This is to advise you that Susannah Koerber has qualified as a member of the Roanoke
Arts Commission, for a term ending June 30, 2006.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Susannah Koerber, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Roanoke Arts Commission, for a term ending
June 30, 2006, according to the best of my ability (So help me God).
Subscribed and sworn to before me this IL~ay of ~d_.~ 2003.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY 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.roanok¢.va.us
STEPHANIEM. MOON
Dcputy CityClerk
SHEILAN. HARTMAN
Assistant CityClerk
October 30, 2003
File #15-110-230
Ms. Sue Marie Worline, Secretary
Redevelopment and Housing Authority
2624 Salem Turnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Worline:
This is to advise you that Joseph F. Lynn has qualified as a member of the Roanoke
Redevelopment and Housing Authority for a term ending August 31,2007.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Joseph F. Lynn, do solemnly swear (or affirm) that I will support the Constitution
of the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a Commissioner of the Roanoke Redevelopment and Housing Authority, for a term
ending August 31,2007, according to the best of my ability (So help me God).
Subscribed and sworn to before me this~ ~ day of~- 2003.
ARTHUR B. CRUSH, III, CLERK
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
October 24, 2003
File #60-301-467-468-553
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36517-102303 amending and reordaining certain
sections of the 2003-2004 General, Water, Water Pollution Control, Parking, Technology,
and School Funds Appropriations, in connection with various technology projects.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Jesse A. Hall
October 24, 2003
Page 2
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
Barry L. Key, Director, Office of Management and Budget
Sherman M. Stovall, Budget Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 2003.
No. 36517-102303.
AN ORDINANCE appropriating funding to various technology projects, amending
and reordaining certain sections of the 2003-2004 General, Water, Water Pollution Control,
Parking, Technology, and School 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, Water, Water Pollution Control, Parking, Technology, and School
Funds Appropriations be, and the same are hereby, amended and reordained to read and
provide as follows:
General Fund
Appropriations
Transfer to Technology Fund
Transfer to Debt Service Fund
Water Fund
Appropriations
Transfer to Technology Fund
Retained Earnings
Retained Earnings Available for
Appropriation
Water Pollution Control Fund
Appropriations
Transfer to Technology Fund
Retained Earnings
Retained Earnings Available for
Appropriation
Parkin,q Fund
Appropriations
Appropriated from General
Revenue
Revenues
Transfer from Technology Fund
001-250-9310-9513
001-250-9310-9512
002-510-2172-9513
002-3348
003-510-3172-9513
003-3348
007-430-8251-9003
007-110-1234-1120
$ 350,000
(350,000)
190,000
(190,000)
190,000
(190,OO0)
78,000
78,000
TechnoloRy Fund
Appropriations
Appropriated from General
Revenue
Appropriated from General
Revenue
Reserve - Future Capital Outlay
Transfer to Parking Fund
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Appropriated from General
Revenue
Revenues
Transfer from Debt Service Fund
DOT- Salem and County
Transfer from Water Fund
Transfer from Water Pollution
Control Fund
Transfer from School Fund
Help America Vote Act Grant
Retained Earnings
Retained Earnings Available for
Appropriation
013-052-9804-9003
013-430-9865-9003
013-430-1602-3028
013-430-1602-9507
013-430-9845-9003
013-430-9850-9003
013-430-9854-9003
013-430-9858-9003
013-430-9862-9003
013-430-9866-9003
013-430-9872-9003
013-430-9885-9003
013-430-9888-9003
013-430-9889-9003
013-430-9890-9003
013-430-9891-9003
013-430-9892-9003
013-430-9893-9003
013-430-9894-9003
013-430-9895-9003
013-110-1234-1193
013-110-1234-1069
013-110-1234-1035
013-110-1234-1036
013-110-1234-1127
013-110-1234-9894
013-3348
100,000
600,000
(541,338)
78,000
225,000
23,000
115,000
(34,947)
20,000
72,714
16,100
60,000
400,000
100,000
50,000
180,000
600,000
24,000
9,500
18,321
350,000
10,350
190,000
190,000
150,000
100,000
(1,125,000)
School Fund
Appropriations
Replacement - Machinery &
Equipment
Transfer to Technology Fund
030-065-6004-6686-0801
030-065-6007-6999-9013
¢50,000)
150,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
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
October 23, 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:
Fund Appropriations from Prior Year
Retained Earnings for Technology
Needs
Background:
The Information Technology Committee (iTC) has completed review of technology projects
and equipment needs throughout the organization and has developed a list of
recommendations that have been determined to meet the goals of the Information Technology
Strategic Plan. Attachment 1 provides supporting detail and cost information for each of these
needs. All items will be purchased in accordance with the requirements as set forth in Chapter
23.1, Procurement, of the Code of the City of Roanoke, as amended.
The Department of Technology, an internal service fund, currently has retained earnings
available for appropriation of $1,125,000 that can be allocated for technology needs. Aisc,
funding in the amount of $1,566,635 is available from the following sources:
· Capital Funding included in the FY04 Technology Budget $ 541,338
· Debt Service savings due to bond refunding 350,000
· Water and Sewer Fund Retained Earnings 380,000
(Replacement of utility billing system server and fund 50%
of Work Management System)
· School Fund - Year 1 of 10 (total funding commitment of
$1.5 million for Financial Application Systems Project)
· Help America Vote Act grant funding for voting machines
· Reallocation of Existing Project Tracking System Funds
· Roanoke Valley Libraries (RVL)
Total
150,000
100,000
34,947
10,350
$1,566,635
Thetotalofallfunding sources availableforappropriationis $2,691,635.
Recommended Action:
City Council adopt the attached budget ordinance to appropriate funding to new or existing
project accounts to be established by the Director of Finance to support strategic technology
needs and enhancements.
Attachment
DLB:rm
C:
Respectfully submitted,
City Manager -
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead, Assistant City Manager
Barry L. Key, Director of Management and Budget
Sherman M. Stovall, Budget Administrator
CM03-00211
Information Technology Committee
2003-2004 Funding Recommendations
(Total: $2,691,635)
I Project Description I Cost
I. Maintenance or Upgrade of Existing Technology
1 AS/400 Re_e.e.e.e.e.e.e.e.~lacement: Replace the existing Utility Billing AS/400 180,000
server to accommodate Water Authority needs.
2 Enterprise GIS: Continue to expand our current enterprise GIS 100,000
system and to develop several new enterprise GIS applications.
3 Fire/EMS Con~: Replace existing ISDN connections at 24,000
all fire stations with updated high-speed VPN connections to
improve communications speed and reliability.
4 .Library Print Reservation System: Additional funds needed to 16,100
purchase a print reservation system for managing library patron
printing needs in several Library computer labs.
5 Lotus Notes U___~_g~: Major enhancement to Lotus Notes 6 (e- 50,000
mail, calendar, Intranet/Internet applications)
6 Network Infrastructure Upqrade-. Replace outdated network 115,000
infrastructure equipment and purchase network monitoring tools.
7 PC Replacement Proqram/Office Automation Pro~ec;.; 225,000
Funding to continue the PC Replacement Program and
associated desktop software.
8 Police Crime Analysis Equipment: replace out-dated 18,321
audio/visual equipment for Criminal Investigation Bureau.
9 Radio - Sims I1: Upgrade to the Radio Infrastructure due to 100,000
obsolete/unsupported equipment.
10 Telecommunications Traininq: Funding to educate two DoT 23,000
employees on supporting the new telephone system and the
800MHz Radio system, a less expensive option than contracted
maintenance.
Total for Maintenance or Upgrade of Existing Technology: $851,421
Il. New Technology Projects
1 Financial Application System.~: Funding for the first phase of a 600,000
multi-year project to replace existing financial systems used by (150,000 frorr
the City and Schools with an integrated solution - the first phase Schools)
will be replacement of the Budget Preparation System.
2 Fleet Management Traininq Equipment. Technology 9,500
equipment needed to support an on-site training area for Fleet
Management.
3 Parkin,q Ticket System: Additional funding to procure an 78,000
automated parking ticket system. Project was initially approved in
2002.
4 Police Mobile Computers: Purchase six mobile computers for 60,000
new take home police cars.
5 Risk Manaqement Web Module: Procure software for 20,000
departments to enter accident and liability claims.
6 )/otinq System: Purchase an automated Voting System for the 600,000
City of Roanoke in compliance with State requirements.
Additional funding for this project is provided by state grants and
existing capital funds.
7 Work Order S s_y..~: Enterprise work order system to enhance 400,000
)roductivity by better managing work throughout the organization.
8 Continqenc¥: Reserve funds to handle miscellaneous project $72,714
needs for new or existing projects.
Total for New Technology Projects: $1,767,500
TOTAL for all Technology PrOjects: I $2,691,635 I
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
October 24, 2003
File #5-60-212-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36518-102303, amending and reordaining certain
sections of the 2003-2004 Grant Fund Appropriations, appropriating $100,306.00 in
connection with the Alcohol, Tobacco, and Firearms Grant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Jesse A. Hall
October 24, 2003
Page 2
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Operations
A. L. Gaskins, Chief of Police
Barry L. Key, Director, Office of Management and Budget
Sherman M. Stovall, Budget Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 2003.
No. 36518-102303.
AN ORDINANCE appropriating funds for the Alcohol, Tobacco, and
Firearms Grant, amending and reordaining 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 the
following sections of the 2003-2004 Grant Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Furniture and Equipment
Construction Other
Revenues
ATF One Time Deposit
035-640-3335-9005
035-640-3335-9065
035-640-3335-3346
$ 30,306
70,000
100,306
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
October 23, 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:
Sharing Bureau of Alcohol, Tobacco,
and Firearms (ATF) Seized Property
- Appropriation of Funds
Background:
Various law enforcement agencies often participate with the ATF in criminal
investigations. Property seized in a criminal investigation, in which other law
enforcement agencies participate, is divided among the ATF and the participating
agencies.
The Roanoke Police Department has received $100,306.50 from ATF as its share of
property seized as a result of such a criminal investigation. Revenue received is
available for appropriation in Revenue Account No. 035-640-3335-3346 and must be
used for training and equipment for the Department. The City and County are now
working together in the development of a regional driver training facility. Up to $70,000 of
this ATF revenue will be used to fund a portion of the City's share of development costs
associated with the regional driving range. The remainder of funding will be used for
equipment related purchases for the Department.
Considerations:
Council action is required to appropriate the funds into the Grant Fund - ATF line item
expense accounts and increase estimated revenues for same.
Honorable Mayor and Members of City Council
Sharing of ATF Seized Property - Appropriation of Funds
Page 2
Recommended Action:
Appropriate funding of $100,306 for the ATF One-time Deposit, as outlined below, and
establish a revenue estimate of the same in Account Number 035-640-3335-3346 in the
Grant Fund:
Description
Object Code Amount
Construction - Other 9065
Equipment 9005
$ 70,000
30,306
Total
$100,306
Darlene L. Burcham
City Manager
DLB:mds
O;
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
A. L Gaskins, Chief of Police
CM03-0198
CITY OF RO_..ANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 24, 2003
File #67-467
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36519-102303 authorizing the City Manager to
execute an agreement between the City of Roanoke School Board and the City of
Roanoke, allowing the City to operate a fitness center at Woodrow Wilson Middle School
for use by the general public, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 24, 2003.
Sincerely, ~.~..~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 24, 2003
Page 2
pc:
Jesse A Hall, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Rolanda B. Russell, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
Steven C. Buschor, Director, Parks and Recreation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36519-102303.
A RESOLUTION authorizing the City Manager to execute an agreement between
the City of Roanoke School Board and the City of Roanoke, allowing the City to operate a
fitness center at the Woodrow Wilson Middle School for use by the general public, upon
certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager
and the City Clerk are hereby authorized, for and on behalf of the City, to execute and
attest, respectively, an agreement between the City of Roanoke School Board and the City
of Roanoke, approved as to form by the City Attorney, allowing the City of Roanoke to
operate a fitness center in specified areas at the Woodrow Wilson Middle School for use by
the general public, as more fully set forth in the City Manager's letter dated October 23,
2003, to this Council.
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
October 23, 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: Woodrow Wilson Middle School
Fitness Center Agreement
Background:
The Parks and Recreation Department opened its first fitness center in partnership with
the Roanoke Public Schools at Breckinridge Middle School in October 1997. This was
followed by fitness center openings at Woodrow Wilson Middle School in November
1998, Addison Middle School in December 1999 and Jackson Middle School in
February 2001. The original Agreement for Woodrow Wilson expired October 14, 2003.
Roanoke City Public Schools use the fitness room and equipment for physical education
classes and sports conditioning. Parks and Recreation operates the facility as a fitness
center, open to the general public during non-school hours.
Considerations:
The current one year Agreement with the Roanoke City School Board, with option to
renew for four additional one-year terms expired October 14, 2003. This current
Agreement was authorized by City Council via Ordinance Number 34029-100798.
Minor revisions have been made to the current Agreement. It is requested that the
revised Agreement be continued for an additional term of one year, with option to renew
for up to four additional one-year terms, ending October 31, 2008. Details of the rights
of both the City and the Roanoke City School Board are contained in the attached
Agreement.
Honorable Mayor and Members of Council
October 23, 2003
Page 2
Recommended Action:
Authorize the City Manager to execute the attached Agreement in a form approved by
the City Attorney and continue the operation of the Woodrow Wilson Fitness Center.
~~m l~~'''~R!spectfully sgb~ted,
City Manager
DLB:kaj
Attachment
C;
Mary F. Parker, City Clerk
William M, Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven C. Buschor, Director of Parks and Recreation
Dr. E. Wayne Harris, Superintendent, Roanoke City Schools
Richard Kelley, Assistant Superintendent of Operations, Roanoke City Schools
Rolanda B. Russell, Assistant City Manager for Community Development
#CM03-000206
AGREEMENT
THIS AGREEMENT is made this day of ,2003, between
the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as "City", and the
ROANOKE CITY SCHOOL BOARD, hereinafter referred to as "School Board".
WITNESSETH:
IN CONSIDERATION of the mutual covenants contained in this Agreement, the City
and the School Board agree as follows:
1. Premises: The facility which is the subject of this Agreement ("Premises") shall
be the fitness room, the gymnasium, lobby, the restrooms, the men's and ladies'locker rooms,
and other mutually agreed upon designated space at Woodrow Wilson Middle School located
at 1813 Carter Road, S.W., in the City of Roanoke.
2. Term of Agreement: The term of this Agreement shall be from October 14,
2003, until October 31, 2004. This Agreement shall be extended for four (4) additional one-
year terms, unless a party terminates the Agreement pursuant to Paragraph No. 13, in writing,
no later than thirty (30) days prior to the last day of the then-current term of the Agreement.
3. Terms of Use.' The Premises shall be open to the general public, subject to the
following terms and conditions:
(a) The fitness room shall be available to all persons who are sixteen (16)
years of age or older. Persons who are fourteen (14) to sixteen (16) years of age may use the
fitness room upon completion of training provided by the Woodrow Wilson Middle School
Physical Education Department or the Fitness Trainer employed by the City.
10/01/03
(b) The Director of the City of Roanoke Department of Parks and
Recreation ("Director") shall implement an identification procedure to ensure that only
authorized persons are using the Premises and that their use is at the appropriate rate.
(c) The hours of operation of the Premises shall be as follows ("Operational
Hours"):
(i)
Fitness Room: 4:00 p.m. - 9:00 p.m., Monday through Friday, for use
by the general public, and 3:30 p.m. to 4:00 p.m. for cleaning and
preparation.
(ii)
Gymnasium: 5:00 p.m. - 9:00 p.m., Monday through Friday, for use by
the general public, for the first year of the Agreement, and in the future
at such times as the parties mutually agree in writing. Gymnasium use
is subject to school use through prior reservation by the school
principal.
(iii)
Locker rooms, and mutually agreed upon designated space: to be used
at such times and subject to fees as agreed upon in writing by the
parties. A take down and set up fee may be charged if the school's
custodial staff is required to take such action because of the nature of
the activity using a facility.
(iv) The Premises shall be accessible from 8:00 a.m. until 3:00 p.m. on
Saturdays, and from 1:00 p.m. until 6:00 p.m. on Sundays.
The Director shall have the authority to adjust the hours of operation of the Premises, or any
portion thereof, in writing, and the Director shall have the authority to cancel use of the
Premises for any date or dates pursuant to this Agreement due to inclement weather or any
other reason.
(d) The School Board may rent the gymnasium at any time the Premises are
not scheduled to be used by the City. All arrangements relating to such rental shall be made
2
through the School Board.
(e) The School Board shall continuously maintain appropriate temperature
and reasonable humidity control throughout the year in the fitness room for the proper
maintenance and protection of the equipment in the fitness room.
(f) The City will be responsible for the cost of repairs for damages (other
than fair wear and tear or damages caused by the negligence of any School Board employee)
to the facility caused by persons using the facility as part of a City-sponsored program.
4. Equipment: The equipment in the fitness room belongs to the City. The City
shall be responsible for the cost of repairing or replacing all equipment damaged or destroyed
by normal use of the equipment. The School Board shall repair or replace any equipment
willfully or intentionally damaged or destroyed by any person at any time not during
Operational Hours, and the City shall repair or replace any equipment willfully or
intentionally damaged or destroyed by the general public during Operational Hours. Each
party shall perform an inventory and inspection prior to each day of use and shall note the
results of the same on forms approved and provided by the Director. The determination of
whether equipment shall be repaired or replaced shall be the Director's decision.
5. Conflicts in use: Use of the Premises by the general public pursuant to this
Agreement shall be subject to events scheduled by the School Board. Reasonable notice of
such events shall be given to the Director, in writing, preferably fourteen (14) calendar days
of the first day of the event. If less than ten (10) days notice is given, then the School shall
supply the City an alternate location on site, adequate enough to allow for their prescheduled
3
event.
6. Additional areas for use: The City shall have use of office space within the
fimess room for administering this Agreement. The City shall also have use of one-half
of the storage room for storage of materials.
7. Access to equipment: The City and the School Board shall have access to, and
may use, all equipment which is stored at Woodrow Wilson Middle School as of the date of
this Agreement, including volleyball standards, aerobic steps, and mats. Such equipment, if
damaged willfully or intentionally during a use time administered by one of the parties, shall
be repaired or replaced by that party within thirty (30) days of the equipment being damaged.
8. Maintenance of Premises: The School Board shall maintain and clean the
Premises after use of the same during a school day and before use of the Premises by the
general public pursuant to this Agreement. The School Board shall maintain and clean the
Premises before and after the use of the same on each Saturday and Sunday the Premises are
used by the general public pursuant to this Agreement. The City shall pay the School Board
for each Saturday or Sunday such custodial services are provided at a mutually agreeable
rate.
9. Utilities: The School Board shall pay for all utilities, including water and
electricity, for use of the Premises Monday through Friday, and the City shall pay a prorated
share of such utilities for use of the Premises on Saturday and Sunday at a mutually agreeable
rate. The City will pay all monthly fees incurred as a result of the telephone located in the
office described above, as well as all long distance calls made during the hours of operation
4
for use by the general public.
10. Vendor Machine(s): The School Board may restrict access to, or use of, the
vending machine(s) 7:00 a.m. to 3:30 p.m., Monday through Friday. All proceeds from the
vending machine shall belong to the City for use to offset costs incurred in administering this
Agreement.
11. Insurance: The School Board shall name the City, its officers, agents, employees
and volunteers as additional insureds as their interests may appear on the appropriate School
Board liability policies with minimum limits of One Million Dollars ($1,000,000.00) per
occurrence and One Million Dollars ($1,000,000.00) aggregate. If any organization
sponsored by the City uses the Premises, such organization shall provide the City and School
Board with proof of liability insurance in accordance with the above limits and such
organization shall name the City and School Board, their officers, agents, and employees as
additional insureds. All insurance correspondence shall be sent to the City of Roanoke, c/o
Risk Management Officer, Room 506, Municipal Building North, Roanoke, Virginia 24011,
and Assistant Superintendent for Operations, Roanoke City School Board, P.O. Box 13145,
Roanoke, Virginia 24031.
12. Notice: Notice to the parties, unless otherwise indicated, shall be in writing
and either in person and delivered to the following locations, or by first-class mail:
If to the City:
Director of Parks and Recreation
210 Reserve Avenue, S.W.
Roanoke, Virginia 24016
5
If to the School Board:
Assistant Superintendent for Operations
40 Douglas Avenue, N.W.
Roanoke, Virginia 24012.
13. Termination: This Agreement may be terminated by either party for cause, in
writing, with thirty (30) days notice. The City shal! have access to its equipment during
normal business hours for forty-five (45) calendar days after termination and shall remove
the same during that period of time.
14. Third-Parties: Neither party shall be obligated or liable hereunder to any
person or entity not a party to this Agreement.
15. Successors and Assigns: The terms, conditions, provisions and undertakings of
this Agreement shall be binding upon and inure to the benefit of each of the parties hereto
and their respective successors and assigns.
16. Assignment: This Agreement and the rights and obligations hereunder may not
be sold, assigned, or transferred at anytime by either party without the prior written consent
of the City's City Manager.
17. Captions and Headings: The section captions and headings are for convenience
and reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement.
18. Cooperation: Each party agrees to cooperate with the other in executing any
documents necessary to carry out the intent and purpose of this Agreement.
19. Entire Agreement: This Agreement constitutes the entire agreement and
6
understanding of the parties.
WITNESS the following signatures and seals:
ATTEST:
CITY OF ROANOKE, VIRGINIA
Mary F. Parker, City Clerk
By~
Its
ATTEST:
ROANOKE CITY SCHOOL BOARD
(title). (Title)_
Approved as to Form:
Approved as to Execution:
Assistant City Attorney
for City of Roanoke
Assistant City Attorney
for City of Roanoke
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
October 24, 2003
File #60-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36521-100603 authorizing the City Manager to
accept a grant from the United States Department of Housing and Urban Development, in
the amount of $1,543,704.00, for the Lead Hazard Control Grant Program.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 23, 2003
Page 2
pc:
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager for Community Development
Mike Etienne, Director of Housing and Neighborhood Services
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36521-102303.
A RESOLUTION authorizing the acceptance of a grant from the Un/ted States
Department of Housing and Urban Development, in the amount of $1,543,704.00, for the
Lead Hazard Control Grant Program; and authorizing the City Manager to execute the
requisite grant agreements.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City hereby accepts a grant from the United States Department of Housing
and Urban Development in the amount orS1,543,704.00 for the Lead Hazard Control Grant
Program, as more particularly set forth in the City Manager's letter dated October 23, 2003,
to this Council.
2. The City Manager, or the Assistant City Manager, is hereby authorized to
execute any and all requisite documents with the United States Department of Housing and
Urban Development for such funds, such documents to 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
October 24, 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. 36520-102303 amending and reordaining certain
sections of the 2003-2004 Grant Fund Appropriations, in connection with appropriation of
$1,543,704.00 for a Lead Hazard Control Grant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Jesse A. Hall
October 23, 2003
Page 2
pc~
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
Mike Etienne, Director of Housing and Neighborhood Services
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 2003.
No. 36520-102303.
AN ORDINANCE appropriating funds for the Lead Hazard Control
Grant, amending and reordaining cedain 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 and provide as follows:
Appropriations
Fees for Professional Services
Administrative Supplies
Business Meals and Travel
Miscellaneous
Revenues
Lead Hazard Control Grant
035-615-8115-2010 $1,433,505
035-615-8115-2030 70,000
035-615-8115-2144 8,299
035-615-8115-2170 31,900
035-615-8115-8115
1,543,704
Pursuant to the provisions of Section 12 of the City Charier, the second
reading of this ordinance by title is hereby dispensed with.
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
October 23, 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: Lead Hazard Control Grant
Program
Background:
On September 25, 2003, the U.S. Department of Housing and Urban
Development announced that the City of Roanoke has been awarded a
$1,543,704 grant for the Lead Hazard Control Grant Program. The goal of
the program is to forge partnerships between local government departments,
public agencies, faith-based groups and community-based non-profit
organizations to educate the community about the hazards of lead, and to
identify and control lead-based paint in homes with children less than 6 years
of age. The program will focus on three key objectives: outreach/education
and training, health screening, and lead hazard control/abatement/reduction.
A Lead-Safe Advisory Council has been established to help guide the
implementation of the program.
The required 20 percent matching funds level for this grant was exceeded
and is comprised solely of in-kind support provided by the participating
departments and agencies. This grant was authored and submitted in
collaboration with Randall Funding and Development, Inc., the firm with
which City Council authorized the execution of a contract for grant writing
services.
The Honorable Mayor and Members of Council
October 23, 2003
Page 2
Considerations:
The problem of childhood lead poisoning is very serious here in Roanoke,
and especially so in the urban core, which we have targeted with this
program. One in 18 of the children younger than 6 years of age who were
diagnosed in Virginia between 1995 and 2001 as having contracted lead
poisoning came from Roanoke. Almost all the housing stock in the inner
City's neighborhoods was built before 1978, the year that lead-containing
paint was banned. The housing age and socioeconomic conditions in these
areas contribute to the high level of risk for childhood lead poisoning. The
Lead Hazard Control Grant Program will educate the public about the issue
of lead and how to keep our children safe. It will test at least 1,000 children
younger than 6 for lead poisoning. It will provide at least 500 lead-safe
cleaning kits to residents. It will provide grants to property owners to abate
or neutralize 100 housing units occupied by one or more children younger
than 6 years of age. It will also purchase a small, mobile house, which can
be used to demonstrate how to keep clean a home with lead-based paint.
Recommended Action:
Authorize the acceptance of the grant award; authorize the City Manager to
execute the required grant agreement and any other related documents; all
such documents to be approved as to form by the City Attorney. Establish
revenue and expenditure estimates of $1,543,704 in the Grant Fund in
accounts to be established by the Director of Finance entitled "Lead Hazard
Control Grant".
DLB/me
C:
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Rolanda Russell, Assistant City Manager for Community Development
Mike Etienne, Director of Housing and Neighborhood Services
CM03-00207
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
October 24, 2003
File #5-377
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36522-102303 amending Chapter 1, General
Administration, of the Code of the City of Roanoke (1979), as amended, by the addition
of a new §1-23, Assessment of court costs to support local criminal justice academy,
providing for assessment by the City of a fee to provide funding to support the City's
criminal justice academy, pursuant to §9.1-106, Code of Virginia (1950), as amended,
effective November 1,2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
October 27, 2003
Page 2
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
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)
Municipal Code Corporation, P. O. Box 2235, 1700 Capital Circle, S. W.,
Tallahassee, Florida 32316
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
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
Barry L. Key, Director, Office of Management and Budget
Sherman M. Stovall, Budget Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36522-102303.
AN ORDINANCE amending Chapter 1, .General Administration, of the Code of the
City of Roanoke (1979), as amended, by the addition cfa new {}1-23, Assessment of court
costs to support local criminal justice academy, providing for assessment by the City cfa
fee to provide funding to support the City's criminal justice academy, pursuant to {}9.1-106,
Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance
and providing for an effective date.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 1, General Administration, of the Code of the City of Roanoke (1979),
as amended, is hereby amended by the addition cfa new {}1-23, Assessment of court costs to
support local criminal justice academy, which shall read and provide as follows:
{}1-23. Assessment of court costs to support local criminal iustice academy
(a) A local fee of three dollars ($3.00) to support the City's criminal
justice academy is hereby imposed in every case in which costs are assessable
pursuant to {}{}16.1-69.48:1, 17.1-275.1, 17.1-275.3, 17.1-275.4, 17.1-275.7,
17.1-275.8, or 17.1-275.9, Code of Virginia. The clerks of the district and
circuit courts shall charge and collect this assessment as a part of the fees taxed
as COSTS.
(b) After collection by the clerk of the court in which the case is
heard, the assessment shall be remitted to the city treasurer and held subject to
appropriation by the City Council to support the City's criminal justice
academy.
2. Pursuant to {}12 of the Roanoke City Charter, the second reading by title
paragraph of this ordinance is hereby dispensed with.
3. This ordinance shall be in full force on and after November 1,2003.
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
October 23, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Hards, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr. Council Member
Honorable Beverly T. Fitzpatrick, Jr. Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Assessment of Court Costs to Support
Relocation of the Roanoke Police
Academy
Background:
Located at the Jefferson Center, the Roanoke Police Academy, a Virginia Department of
Criminal Justice Services (DCJS) certified independent criminal justice academy, currently
operates in limited space. This space confinement forces the Academy to conduct classes
off campus, use current space for completing multiple functions, and makes it impossible for
the Academy to expand. As a result, relocation of the Academy has become necessary and
essential for its continued success in providing mandated training in a timely manner.
Funds need to be identified for the expenses associated with the relocation of the Academy.
A possible source for such funding relates to Section 9.1-106 of the Code of Virginia,
concerning criminal justice training academy fees, which was amended and reenacted on
April 2, 2003 (House Bill 2511, Senate Bill 1345). Effective July 1, 2003, Section 9.1~106 of
the Code of Virginia, states that upon conviction of citizens for certain traffic and criminal
charges, certain fees as provided in Sections 16.1-69.48.1, 17.1-275.1, 17.1-275.2, 17.1-
275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, and 17.1-275.9 will be assessed as court costs.
The amount collected, in whole or part, for the fixed fee is being apportioned, as provided
by law, with the Regional Criminal Justice Training Academies Fund receiving a share. The
State's fee is currently set at $1.00.
Section 9.1-106 also authorizes localities, including the City of Roanoke, which do not
participate in a regional training academy and operate a certified independent criminal
justice academy as of January 1, 2003, to charge similar in nature fees; however, it
mandates that any and all funds from such a local fee shall support the certified
independent local criminal justice academy.
The Honorable Mayor and Members of Council
Assessment of Court Costs to Support Relocation of Roanoke Police Academy
Page 2
Other localities were surveyed as to eligibility and to determine fees charged. Of those
localities which qualify and have enacted a fee, Chesapeake, Chesterfield County, and
Richmond charge a fee of $1.00, while Virginia Beach has enacted a $5.00 fee.
Based on and pursuant to Section 9.1-106 of the Code of Virginia, the City Attorney has
drafted an ordinance, which provides for an'effective date of November 1, 2003, and for the
assessment of $3.00 to be imposed in every case in which costs are assessable. The clerks
of the District and Circuit Courts will charge and collect this assessment as a part of the
fees taxed as costs. After collection by the Clerk of the Court in which the case is heard,
the assessment will be remitted to the City Treasurer and held subject to appropriation by
the City Council.
Projected City revenues from this additional assessment are currently estimated to be
approximately $54,000 per year and would be used to help fund expenses associated with
the relocation of the academy. Further, Roanoke County Police Department recruits attend
our academy, as well. Since Roanoke County does not qualify for this new fee, they have
agreed to share in the expense of developing a new academy, cost which has yet to be
determined.
Recommended Action:
Adopt an ordinance amending the Code of the City of Roanoke to reflect those
amendments to Section 9.1-106 of the Code of Virginia, thereby providing for a $3.00
assessment fee to be imposed in every court case in which costs are assessable, funds
collected to be used solely for the relocation of the Roanoke Training Academy, and
providing for an effective date of November 1, 2003.
Re~spectfully submitted,
City Manager
DLB:fjd
c: 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
Barry L. Key, Director of Management & Budget
Sherman M, Stovall, Budget Administrator
Ron S. Albright, General District Court Clerk
Arthur B. Crush, Circuit Court Clerk
CM03-00208
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
October 23, 2003
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject: Zoning Ordinance Update
This is to request space on Council's regular agenda for a 20-minute briefing on
the above referenced subject.
Respectfully s~lbmi~tted,
City Manager
DLB:sm
City Attorney
Director of Finance
City Clerk
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
October 24, 2003
File #178-302
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36523-102303, authorizing the termination of the
Lease Agreement dated March 23, 1992, between the City of Roanoke Redevelopment
and Housing Authority and the City of Roanoke, and any subsequent amendments thereto,
for the Century Station Parking garage; and authorizing acceptance of the conveyance by
the City of Roanoke Redevelopment and Housing Authority of such garage located at 25
Church Avenue S. E., bearing Official Tax No. 4015004, to the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
October 27, 2003
Page 2
pc~
Jesse A. Hall, Director of Finance
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority
Deborah J. Moses, Director, Hotel Roanoke Conference Center
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36523-102303.
AN ORDINANCE authorizing the termination of the Lease Agreement dated March 23,
1992, between the City of Roanoke Redevelopment and Housing Authority and the City of
Roanoke, and any subsequent amendments thereto, for the Century Station Parking Garage;
authorizing acceptance of the conveyance by the City of Roanoke Redevelopment and Housing
Authority of such garage located at 25 Church Avenue, S. E., bearing Official Tax No. 4015004
to the City; and dispensing with the second reading by title of this ordinance.
WHEREAS, by Lease Agreement dated Mamh 23, 1992, the City of Roanoke
Redevelopment and Housing Authority leased the Century Station Parking Garage to the City of
Roanoke; and
WHEREAS, the revenue bonds issued by the Housing Authority and used to finance the
construction of the parking garage have now been redeemed by the Authority upon the City's
payment in July of the outstanding lease amount to the Housing Authority and the City of
Roanoke Redevelopment and Housing Authority has offered to convey to the City of Roanoke
Century Station Parking Garage located at 25 Church Avenue, S.E., and known as Official Tax
No. 4015004.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to terminate the Lease Agreement dated March
23, 1992, and any subsequent amendments made thereto, by which the City has leased the
Century Station Parking Garage fi.om the Housing Authority, and to execute any necessary
documents to terminate the existing Lease Agreement.
2. The City Manager is further authorized to accept conveyance to the City with
General Warranty of Title, subject to all easements and encumbrances of record, and subject to
an acceptable title report and subject to receipt of an acceptable environmental audit of the
Century Station Parking Garage located at 25 Church Avenue, S. E., bearing Official Tax No.
4015004, and to execute any necessary documents to accept the conveyance.
3. Pursuant to §12 of the Roanoke City Charter, the second reading by title
paragraph of this ordinance is hereby dispensed with.
City Clerk.
I:\Clerk\October 23\o-terminateacceptcenturystation.doc
JESSE A. HALL
Director of Finance
email: jesse hall~ci rommke va.us
CITY OF ROANOKE
DEPARTMENT OF F1NANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Depuiy Director
etnai]: ann shawvcr@ciroanoke.va.us
October 23, 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: Century Station Parking Garage
Background:
In 1992, the City entered into a capital lease with the Roanoke Redevelopment Housing
Authority (Housing Authority) for the lease of the Century Station Parking Garage. The
Housing Authority, in turn, issued taxable revenue bonds to finance the construction of
the facility. The bonds were due to mature in 2022, bearing interest of 9.15%. The
lease exercised between the City and the Housing Authority established monthly lease
payments from the City which would cover the required payments to bond holders. The
agreement provided the City the opportunity to exemise a bargain ~umhase option at
the end of the lease term to acquire title to the garage.
Current Situation:
In July, the City fully paid the outstanding lease amount to the Housing Authority. The
Authority, in turn, used this funding to redeem the outstanding bonds. This redemption
was made to eliminate future interest cost on the bonds. This created significant
savings in light of the relatively high interest rate on the taxable revenue bonds.
Redemption of the bonds was funded by debt service funding which has been
accumulated in the City's General Fund in anticipation of future bond issuance. Interest
cost avoidance of $1.9 million is estimated as a result of the redemption of this
indebtedness. As a result of the redemption of the capital lease and associated bonds,
Honorable Mayor and Members of Council
October 23, 2003
Page 2
the lease agreement may now be terminated. Additionally, the City may take title to the
property in accordance with stipulations set forth in the lease agreement.
Recommendation:
Terminate the lease agreement dated Mamh 23, 1992, between the City and the
Housing Authority for the lease of the Century Station parking garage.
Authorize the City Manager to accept the conveyance of the garage to the City with
general warranty of title, subject to all easements and encumbrances of record, after an
acceptable environmental audit is completed, and to execute any necessary documents
to terminate the existing lease of the property from the Housing Authority.
Respectfully submitted,
Jesse A. Hall
Director of Finance
JAH/AHS
C;
Darlene L. Burnham, City Manager
William M. Hackworth, City Attorney
John P. Baker, Executive Director,
Roanoke Redevelopment and Housing Authority
Interest Saved by Redeeming Parking Garage Lease
Monthly
Interest Annual
Year Amount Interest
2004 18,411.65 220,939.80
2005 17,598.59 211,183.08
2006 16,726.63 200,719.56
2007 15,796.98 189,563.76
2008 14,782.00 177,384.00
2009 13,712.72 164,552.64
2010 12,561.72 150,740.64
2011 11,331.32 135,975.84
2012 10,024.01 120,288.12
2013 8,613.46 103,361.52
2014 7,103.17 85,238.04
2015 5,496.88 65,962.56
2016 3,798.63 45,583.56
2017 1,953.60 23,443.20
1,894,936.32
Rounded 1,895,000.00
Source: Debt Compendium
The interest savings shown above is reasonable in light of the amount
disclosed as furore interest cost in the FY 2002 CAFR.
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
October 27, 2003
File #60-467
Cindy H. Lee, Clerk
Roanoke City School Board
P. O. Box 13145
Roanoke, Virginia 24031
Dear Ms. Lee:
I am enclosing copy of Resolution No. 36524-102303 authorizing the School Board for the
City of Roanoke to make application for a loan from the State Literary Fund in connection
with permanent improvements to Patrick Henry High School, in the amount of $7.5 million.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Cindy H. Lee
October 27, 2003
Page 2
pc:
Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 2003.
No. 36524-102303.
A RESOLUTION authorizing the School Board for the City of Roanoke to make
application for a loan from the State Literary Fund making permanem improvements to Patrick
Henry High School.
WHEREAS, the School Board for the City of Roanoke, on the 23rd day of October,
2003, presented to this Council an application addressed to the State Board of Education of
Virginia for the purpose of borrowing from the Literary Fund $7.5 million, for adding to and
improving the present school building at the Patrick Henry High School, to be paid in twenty
(20) annual installments, and the interest thereon at three percent (3%) paid annually.
BE IT RESOLVED that the application of the City School Board to the State Board of
Education of Virginia for a loan of $7.5 million from the Literary Fund is hereby APPROVED,
and authority is hereby granted the said City School Board to borrow the said amount for the
purpose set out in said application.
The Council of the City of Roanoke will each year during the life of this loan, at the time
it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for
appropriation expenses and to pay this loan in annual installments and the interest thereon, as
required by law regulating loans from the Literary Fund.
ATTEST:
City Clerk.
Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
William H. Lindsey
Melinda J. Payne
Robed J. Sparrow
Kathy G. Stockburger
David B. Trinkie, M.D.
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
fRoanoke
City School Board
P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
October 23, 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 October 14
meeting, the Board respectfully requests City Council to approve a
State Literary Fund loan application in the amount of $7.5 million for
improvements to Patrick Henry High School. The loan application
includes a resolution for architectural supervision. The debt service on
the loan will increase the Board's debt service expenditure by
$600,000 commencing in FY2005-06, but no debt service liability is
incurred until funds are drawn against the loan account.
The Board appreciates the approval of this request.
Sincerely,
Cindy H. Lee, Clerk
re
Enc.
CC:
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Discovering the Wealth in All Children
V.A. 005 t/99
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
NameofSchool Patrick Henry Hiah School Nameof~qllt~y-City Roanoke
TO THE STATE BOARD OF EDUCATION,
Pdchmond, Virginia:
Gentlemen:
The School Board for the O~V~-City of Rn~ onk~ hereby makes applieafien for a
loanof$. 7.5 million fi'omtheLiteretYFendofVix~iuiaforthepusposeofereeting, enlarging, oraltering
(making permanent improvement to) a school building located at ;~10~ titan d i n [~oa d ~ S. 14. as follows:
(Describe briefly) goanoke~ VA 2401 ~
1. The said building, addition, or permanant improvement descn'l~l above, to be of Brick
(Type of eonsm*efiot~ brick, frame, em.)
win be used ns a Hiqh Sch6ol building, and is esdmated to cost $ 38.000.000.00
2. The total estimated value of the existing scbeol plant, including site, plus the proposed building addition, or permanent
improvement thereto, is $ 45: ~1 ?: fl0fi ~ 00
3- There is at present a loan from the Literaty Fund on this Patrick Henry Hi(~h School in the amount
(Building or ~hool I~lant)
of $ -0-
4. The total amouat of the loan. will not exceed the cost of the building, addition, or permanent improvement there,, and site, on
account of which such loan is made.
5. The site on which this building, addition, or pennanant improvement, will be locat~t contains 35 acres, of which
35 acres are~ well suited end useable, or can be easily improved and made useable, fo~ playgroand and
recreational purposes.
6. The plans end specifications for the building or improvement, complying with Minimum School Building Requirements, have been
or will be approved by the division superintendent of schools and the Superintendent of Public lustmctien before construction is
begun2 It is understood that the State Board of Education reserves the right to withhold any part or all of the amount of this loan, if the
plans and specifications approved by the Superintendent of Public Instmctien are not followed.
7. The proposed building, addition, or permanent improvement, is desirable because: (Explain btiefly)
Construct a new school to meet the curricuhtm and program need~ of the ?lst I;entury.
8. The present total indebtedness of the ~9~y-City for school buildings is ~;fi9 9fi~l, gg~ 013 of which
$6 · 050. 000.00is owed to the Literary Fund. '
9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the five years except, as
follows: None
10. Adequate and satisfactory supervision of constmctiun will be provided by the school board in accordance with thc provisions of
unum Requu'ements and Standards for School Btuldings," Regulations State Board of Education.
11 The braiding °r unpr°vement for which this apphcataon for a loan ~s made is part of a long_range plannin$ program in accordance
with the revisions of"Minimum ' - · .
P Reqturemunts and Standards for School Buildings," Regulations State Board of Education, and is
recommended in the study or survey made by (give title and date)
Five-Year Capital Improvement Plan: FY2OO4-OR
12. This loan is to be made for 20 years, and is to be Paid in 20 annual installments, with interest at the rate
5~
of 3 per cuntmm per annum, payable annually.
13. The Board of Supervisors for the County, or thc Council for the City, has by resolution (page 3 of this application agreed to
provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for
at lenst two years immediately before this loan, Ires not been more than six months ia default in the payment of interest due on any
loan from the Litera~y Fund.
Given under my hand this the
dnyof ,19__
'lite SCHOOL BOARD OF
By_
County-City
, Chairman
ATTEST:
,Clerk
SEAL
JESSE A. HALL
Director of Finance
October 2~, 200~
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., l~oom 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
mail: 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:
Subject: Literary Fund Loan - Patrick Henry High School
Included in the adopted Capital Improvement Program for fiscal years 2004 - 2008 is funding of $38
million for renovation of the Patrick Henry High School. Funding for the renovation project is to be
provided equally by the City and Schools using the most financially advantageous combination of
general obligation public improvement bonds, Virginia Public School Authority (VPSA) Bonds, and
Literary Fund loans. Literary Fund loans are advantageous due to the Iow 4% interest rate which
may be obtained. Each project has a limit of $7.5 million in funding which may be obtained from the
Literary Fund, and the overall funding allotted to any borrower is limited to $20 million.
The attached recommendation from the School Board requests City Council's approval of a State
Literary Fund loan application in the amount of $7.5 million for the Patrick Henry High School
Project. This will result in debt service of approximately $600,000 commencing in FY 2006.
Funding for this debt service will be provided by the Schools.
We concur in this request of the School Board, and recommend approval of this loan application.
Respectfully submitted,
:Jesse A. Hall
Director of Finance
Attachment
C~
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
October 24, 2003
File #60-467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
$669,581.00 from 2003-04 Capital Maintenance and Equipment Replacement Fund
for instructional technology equipment.
$499,526.00 for the Smaller Learning Community Program at William Fleming High
School.
$53,644.00 for the Blue Ridge Technical Academy.
I am attaching copy of Ordinance No. 36525-102303 amending and reordaining certain
sections of the 2003-2004 School Fund Appropriations, to provide funds as follows:
Jesse A. Hall
October 24, 2003
Page 2
pc:
Darlene L. Burcham, City Manager
Gloria P. Manns, Chair, Roanoke City School Board, 1727 Staunton Avenue, N. W.,
Roanoke, Virginia 24017
Cindy H. Lee, Clerk, Roanoke City School Board
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 2003.
No. 36525-102303.
AN ORDINANCE appropriating funding from the Capital Maintenance
and Equipment Replacement Program (CMERP) and from two federal grants,
amending and reordaining 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 the
following sections of the 2003-2004 School Fund Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Appropriations
Replacement- Data
Processing Equipment
Compensation of Teachers
Supplements
Social Security
Retirement - VRS
Health Insurance
Indirect Costs
Repair and
Maintenance Payments
Conventions/Education
Parent Involvement
Educational and
Recreational Supplies
Other Operation Supplies
Compensation of Teachers
Social Security
Retirement - VRS
Educational and
Recreational Supplies
Revenues
Federal Grant Receipts
Federal Grant Receipts
030~065-6006-6302-0806 $ 669,581
030-065-6335-6100-0121 85,672
030-065-6335-6100-0129 129,832
030-065-6335-6100-0201 31,174
030~065-6335-6100-0202 3,618
030-065-6335-6100-0204 5,036
030-065-6335-6100-0212 5,766
030-065-6335-6100-0331
030-065-6335-6100-0554
030-065-6335-6100-0585
030-065-6335-6100-0614
030-065-6335-6100-0615
030-063-6851-6100-0121
030~063-6851-6100-0201
030-063-6851-6100-0202
030-063-6851-6100-0614
030-062-6335-6335-1102
030-063-6851-6851-1102
54,979
19,404
67,048
83,587
13,410
30,000
2,295
2,832
18,517
499,526
53,644
Fund Balance
Reserved for CMERP -
School 030-3324 (669,581)
Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
City Clerk.
.~ Gloria P. Manns, Chairman
Ruth C. Willson, Vice Chairman
William H. Lindsey
/,,,.Roanoke
City School Board P.o. Box 13145, Roanoke, Virginia 24031 · 540-853-2381
Melinda J. Payne
Robert J. Sparrow
Kathy G. Stockburger
David B. Trinkle, M.D.
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
· Fax: 540-853-2951
October 23, 2003
re
cc:
The Honorable Ralph K. Smith, Mayor
and IVlembers of Roanoke City Council
Roanoke, VA 2401].
Dear Members of Council:
As the result of official School Board action at its October ].4 meeting,
the Board respectfully requests City Council to approve the following
appropriations and transfers:
· $669,581.00 from the 2003-04 Capital Maintenance and
Equipment Replacement Fund to provide monies for instructional
technology equipment.
· $499,526.00 to provide funds for the Smaller Learning
Community program at William Fleming High School. The
program will provide for training of staff and the establishment
of smaller student learning communities within the high school.
This continuing program will be reimbursed by federal funds.
· $53,644.00 to provide funds for the Blue Ridge Technical
Academy. The program will provide a business and technical
education training program for a diverse population of students
through a rigorous and challenging academic curriculum.
Additional federal charter school funds have been received for
this continuing program.
Thank you for your attention to this request.
Sincerely,
Cindy H. Lee, Clerk
Mrs. Gloria P. Manns
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mrs. Darlene Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mr..lim Wells (with accounting
details)
Discovering the Wealth in All Children
JESSE A. HALL
Dirtttor of Finance
October 23, 2003
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
The Honorable Ralph K. Smith, Mayor
The Honorable C. Nelson Harris, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable M. Rupert Cutler, Council Member
The Honorable Alfred T. Dowe, Jr., Council Member
The Honorable Beverly T. Fitzpatrick, Jr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
We have reviewed the attached request to appropriate funding for the School Board.
appropriate the following:
This report will
· $669,581 from the 2003-04 Capital Maintenance and Equipment Replacement Fund to
provide monies for instructional technology equipment.
· $499,526 to provide funds for the Smaller Learning Community program at William
Fleming High School. The program will provide for training of staff and the
establishment of smaller student learning communities within the high school. This
continuing program will be reimbursed by federal funds.
· $53,644 to provide funds for the Blue Ridge Technical Academy. The program will
provide a business and technical education training program for a diverse population of
students through a rigorous and challenging academic curriculum. Additional federal
charter school funds have been received for this continuing program.
We recommend that you concur with this report of the School Board and adopt the attached budget
ordinance to appropriate funding as outlined above.
Sincerely,
,Jesse A Hall
Director of Finance
Attachment
JAH/ctg
C:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
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-mail: ¢lcrk~¢i.roanoke.va.us
October 27, 2003
File #15-110-207
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. F. Gordon Hancock
3729 Forest Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Hancock:
I am enclosing copy of Resolution No. 36526-102303 appointing you as a Director of the
Industrial Development Authority of the City of Roanoke, for a term ending
October 20, 2006.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Sections 2.2-3114 and 2.2~3115, Code of Virginia (1950), as amended, I am
required to furnish members of the Industrial Development Authority with a Financial
Disclosure Form. State Code provisions require that ail disclosures must be filed and
maintained as a matter of public record for a period of five years in the Office of the Clerk
of the governing body. Please complete and return the enclosed form to the undersigned
prior to assuming the duties of your office.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
F. Gordon Hancock
October 27, 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 Director of the Industrial
Development Authority.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Dennis R. Cronk, Vice-Chair, Industrial Development Authority of the City of
Roanoke, 3310 Kingsbury Circle, S. W., Roanoke, Virginia 24014
Stephanie M. Moon, Deputy City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36526-102303.
A RESOLUTION appointing a new Director of the Industrial Development Authority
of the City of Roanoke, to fill a four (4) year term on the Board of Directors.
WHEREAS, the Council is advised that the term of office of Lynn D. Avis, a Director
of the Industrial Development Authority of the City of Roanoke, Virginia, expired on
October 20, 2003; and
WHEREAS, {}15.2-4904, Code of Virginia (1950), as amended, provides that
appointments made by the governing body of such Directors shall, after initial appointment,
be made for terms of four (4) years, except appointments to fill vacancies which shall be for
the unexpired terms;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that F.
Gordon Hancock, is hereby appointed as a Director on the Board of Directors of the
Industrial Development Authority of the City of Roanoke, Virginia, for a term of four years
commencing on October 21, 2003, and expiring on October 20, 2007, to fill a vacancy
created by the expiration of the term of office of Lynn D. Avis on the Board occurring on
October 20, 2003.
ATTEST:
City Clerk.
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 twenty-third day of October, 2003, F. Gordon Hancock, was appointed as
a Director of the Industrial Development Authority of the City of Roanokel Virginia, for a
term ending October 20, 2006.
2003.
Given under my hand and the Seal of the City of Roanoke this 27th day of October,
City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@cixoanoke.va.us
October 27, 2003
File #15-110-249
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. Jon J. Stephenson
2719 Wycliffe Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Stephenson:
At a regular meeting of the Council of the City of Roanoke which was held on Thursday,
October 23, 2003, you were appointed as a member of the Architectural Review Board, for
a term ending October 1,2007.
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.
Mr. Jori Stephenson
October 27, 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 Architectural Review
Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc:
Mar[ha P. Franklin, Secretary, Architectural Review Board
Stephanie M. Moon, Deputy City Clerk
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 twenty-third day of October, 2003, Jon Stephenson was appointed as a
member of the Architectural Review Board, for a term ending October 1,2007.
Given under my hand and the Seal of the City of Roanoke this twenty-seventh day
of October, 2003.
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: clcrk@ci.roanoke.va.us
October 27, 2003
File #15-110-304
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Krista Blakeney
2108 Clinton Avenue, N. W.
Roanoke, Virginia 24017
Dear Ms. Blakeney:
At a regular meeting of the Council of the City of Roanoke which was held on Thursday,
October 23, 2003, you were appointed as a member of Youth Services Citizen Board, for
a term ending May 31,2006.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Krista Blakeney
October 27, 2003
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a member of the
Youth Services Citizen Board.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc~
Marion Vaughn-Howard, Youth Services Planner
Stephanie M. Moon, Deputy City Clerk
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 twenty-third day of October, 2003, Krista Blakeney was appointed as a
member of the Youth Services Citizen Board, for a term ending May 31,2006.
Given under my hand and the Seal of the City of Roanoke this twenty-seventh day
of October, 2003.
City Clerk
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
October 30, 2003
File #110-448
Ms. Laurie Wood
Marketing & Information Specialist
Roanoke, Virginia
Dear Ms. Wood
At the regular meeting of the Council of the City of Roanoke on Thursday, October 23,
2003, you were appointed as the City Manager's designee to the Roanoke Valley Cable
Television Committee.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
pc:
Rober[ R. Altice, Chair, Roanoke Valley Regional Cable Television Committee,
616 South Maple Street, Vinton 24179
Darlene L. Burcham, City Manager
Carolyn S. Ross, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia
24179
Diane S. Childers, Clerk, Roanoke County Board of Supervisors,
P. O. Box 29800, Roanoke, Virginia 24018
Elaine Simpson, Roanoke Valley Television Access Director, 541 Luck
Avenue, S. W., Suite 145, Roanoke, Virginia 24016
MARY F. PARKER, CMC
City Clel~
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.va.us
October 27, 2003
File #15-110-192
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Ms. Debbie Conner
8120 Bent Mountain Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Conner:
At a regular meeting of the Council of the City of Roanoke which was held on Thursday,
October 23, 2003, you were appointed as a member of the Roanoke Civic Center
Commission, for a term ending September 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.
Ms. Debbie Conner
October 27, 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 Civic Center
Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
pc~
Susan Bryant-Owens, Secretary, Roanoke Civic Center Commission
Stephanie M. Moon, Deputy City Clerk
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 twenty-third day of October, 2003, Debbie Conner, was appointed as a
member of the Roanoke Civic Center Commission, for a term ending September 30, 2006.
Given under my hand and the Seal of the City of Roanoke this twenty-seventh day
of October, 2003.
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
Fox: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
October 27, 2003
File #15-110-249
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Bittle W. Porterfield, III
2436 Cornwallis Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. Porterfield:
At a regular meeting of the Council of the City of Roanoke which was held on Thursday,
October 23, 2003, you were reappointed as a member of the Roanoke Valley Resource
Authority, for a term ending December 31, 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.
Mr. Bittle Porterfield
October 27, 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 Resource Authority.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
pc:
Mr. John R. Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority,
1020 Hollins Road, N. E., Roanoke, Virginia 24012
Stephanie M. Moon, Deputy City Clerk
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 twenty-third day of October, 2003, Bit"tie W. Porterfield was appointed as
a member of the Roanoke Valley Resource Authority, for a term ending
December 31,2007.
Given under my hand and the Seal of the City of Roanoke this twenty-seventh day
of October, 2003.
City Clerk
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
October 27, 2003
File #51
STEPHANIE M. MOON
l)~puty City Clerk
SHEIL~ N. HARTMAN
Assistant City Clerk
Dr. Murray E. Joiner
4519 Brambleton Avenue, S. W.
Suite 302
Roanoke, Virginia 24018
Dear Dr. Joiner:
I am enclosing copy of Ordinance No. 36527-102303 amending proffered conditions
presently binding upon a tract of land located at 3034 Brambleton Avenue, S. W., Official
Tax No. 1650903, as set forth in Ordinance No. 35218-030501 adopted on March 5, 2001.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Dr. Murray E. Joiner
October 27, 2003
Page 2
pc:
Mr. and Mrs. Dennis O. Guthrie, Jr., 3022 Hollowell Avenue, S. W. Roanoke,
Virginia 24015
Ms. Alberta G. Richards, 3026 Hollowell Avenue, S. W., Roanoke, Virginia 24015
Lynn M. Hawkins, 413 Bonhill Drive, N. W., Roanoke, Virginia 24012
Mr. and Mrs. Curtis Fuller, 1942 Brandon Avenue, S. W., Roanoke, Virginia 24010
JRN Chicken Stores, c/o Savage & Brown P. O. Box 22845, Oklahoma City,
Oklahoma 73123
Mr. Edwin A. Chaney, cio Ms. Misty Meadows, 3033 Brambleton Avenue, S. W.,
Roanoke, Virginia 24015
Roanoke Valley, L.L.C., P. O. Box 12203, Roanoke, Virginia 24023
Mr. and Mrs. Daniel Wynne, 3042 Brambleton Avenue, S. W., Roanoke, Virginia
24015
Richard M. & Mary L. Moore, 3048 Brambleton Avenue, S. W., Roanoke, Virginia
24015
Mr. and Mrs. Joel McCubbin, 3041 Timberlane Avenue, S. W., Roanoke, Virginia
24018
Mr. and Mrs. Christopher Hodges, 3049 Timberlane Avenue, S. W., Roanoke,
Virginia 24018
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Acting Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36527-102303.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map, City of Roanoke, in
order to amend certain conditions presently binding upon certain property previously
conditionally zoned from RS-3, Single-Family Residential District, to C-2, General
Commercial District; and dispensing with the second reading by title of this ordinance.
WHEREAS, Murray E. and Patricia B. Joiner filed an application to the Council
of the City of Roanoke to amend certain conditions presently binding upon a tract of land
located at 3034 Bramb]eton Avenue, S.W., being further identified as Official Tax No.
1650903, which property was previously conditionally rezoned by Ordinance No. 35218-
030501, adopted March 5, 2001;
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;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on October 23, 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 part/es in
H: \ORDINANCES\O-RezoBrambleton3%ve102303 (Rezo&AmendProffers) .doc
interest and citizens were given an opportunity to be heard, both for and against the
proposed amendment; and
WHEREAS, this
recommendation made
Council, after considering the aforesaid application, the
to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public heating, 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. Ordinance No. 35218-030501, adopted March 5, 2001, be repealed to the
exlent that it relates to Official Tax No. 1650903;
2. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
amended, and Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, be
amended to reflect the proffered conditions as shown in the Second Amended Pet/lion to
Amend Proffers filed in the City Clerk's Office on September 3, 2003, and as set forth in
the report of the Planning Commission dated September 10, 2003, and Official Tax No.
1650903 be made subject to the proffered conditions set forth in the Second Amended
Petition to Amend Proffers fi]ed in the City Clerk's Office on September 3, 2003; and
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
City Clerk.
H: \ORDINA~CES\O-RezoBrambletonAvel02003 (Rezo&AmendProffers) .doc
Architectural Review Board
Board of Zoning Appeals
Planning ( ommission
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
October 23, 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:
Amendment of Proffered Conditions for parcel of land located at
3034 Brambleton Avenue, S.W., in the City of Roanoke, identified
as Official Tax Map Number 1650903, containing a total of 1.103
acres, more or less.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, September 18, 2003. By a
vote of 7-0, the Commission recommended Council approve the requested amendment
of proffers.
Background:
A Petition to Amend Proffers was filed on February 6, 2003. A First Amended Petition
was filed on June 25, 2003. A Second Amended Ibetition to Amend Proffers was filed
on September 3, 2003.
In March, 2001, by Ordinance No. 35218-030501, two tracts of land located at 3034 and
3042 Brambleton Avenue, S.W., and identified as Tax Map Numbers 1650903 and
1650946, were rezoned from RS-3, Single Family Residential, to C-2, General
Commercial, subject to certain conditions proffered by the petitioner. Only the property
at 3034 Brambleton Avenue, S.W. (Tax Map Number 1560903) is the subject of this
petition to amend proffered conditions. The three conditions presently binding upon the
subject property as a result of the conditional C-2, General Commercial, rezoning in
2001 are as follows:
That the property will be developed in substantial conformity with the
development plan made by David Perfator, dated December 6, 2000, revised
January 9, 2001, and attached to this petition as Exhibit B, subject to any
changes required by the City during Comprehensive Site Plan review.
2. That the following C-2 uses would not be permitted on the property:
a. 36.1-206 (4) -Trade and industrial schools of an industrial nature.
b. 36.1-260 (37) - Establishments primarily engaged in the sale or rental of
automobiles, trucks, and construction equipment and including the
incidental repair and maintenance of vehicles where the lot area is greater
than twenty thousand (20,000) square feet.
c. 36.1-206 (46) - Kennels with no outside pens or "runs."
3. Existing trees within the landscaping buffer will be retained.
The petitioner requests that the existing proffers enacted by Ordinance No. 35218-
030501, and delineated above, be repealed as they apply to Tax Map No. 1650903, and
that the following proffered conditions be substituted and adopted for application to Tax
Map No. 1650903:
1. The property shall be developed in substantial conformity with the Site Plan
prepared by Balzer and Associates, Inc., September 2, 2003 attached to this
petition as Exhibit 2, subject to any changes required by the City during the
Comprehensive Site Plan review.
a. Existing trees delineated on the Site Plan within the 25-
feet deep buffers along the eastern boundary of the
property and along the rear of the property shall be
retained. Landscaping of the buffer yards, front yard,
interior of the lot, and foundation of the building shall be
in substantial conformity with the Site plan.
b. The building delineated on the Site Plan shall be two
stories and shall not exceed 12,000 square feet.
The use of the property shall be limited to the following principal C-2, General
Commercial, District uses:
a. General and professional offices, not including financial
institutions;
b. Medical clinics; and
c. Medical offices.
3. Freestanding signage on the property shall be a monument or wall sign not to
exceed 5 feet in height. Materials of the sign shall match those of the
building as shown on Exhibit 3. The sign surface area shall not exceed 80
sq. feet in size.
2
=
The building constructed on the site shall be in substantial conformity with the
drawings and elevations provided by Baizer and Associates, Inc., dated
August 29, 2003, attached to this petition as Exhibit 3.
Parking lot lighting shall be a residential scale not to exceed twelve (12)feet
in height. All exterior lighting shall be shielded with fully concealed fixtures to
prevent glare on adjacent properties.
6. Storm water management will be provided by an underground detention
system.
Considerations:
The subject property, which consists of 1.103 acres, is located near the city limits and
has 159 feet of frontage on Brambleton Avenue. A 1,311-square foot, 1-story single-
family residential structure is located on the site. The wood frame, vinyl-sided house
was constructed in 1943. In the conditional C-2 rezoning approved in 2001, the
petitioner proposed to permit the operation of a C-2 commercial use, limited by proffer,
in the existing house on the site. With the current petition to amend proffers, the
petitioner plans to demolish the residential structure for purposes of construction of an
office building as conditioned by new proffers.
A variety of commercial and residential uses surround the site.
· Tracts to the north, directly across Brambleton Avenue, are zoned C-2 and
include general commercial and office uses such as a convenience store/gas
station, produce market, fast food restaurants, hair salon, and dentist's office.
· Tracts directly to the east of the subject property are zoned RM-2 and are
developed as duplexes.
· Tracts abutting the rear half of the eastern boundary of the subject property are
zoned RS-3 and include single-family houses facing the cul-de-sac of Hollowell
Avenue.
· Tracts to the rear of the subject property are located within the jurisdiction of
Roanoke County and include a residential neighborhood of single-family houses.
· The parcel directly to the west of the subject property was a part of the petition to
rezone to C-2, Conditional, in 2001. A bubble bath shop and party supplies
establishment are currently operating in a structure that existed at the time of the
conditional rezoning.
· The property to the west of the bubble bath and party supplies shops is zoned
RS-3; however, current land use is a nonconforming commercial office structure.
Under the current conditional zoning of the subject property, commercial development is
limited to the confines of the existing 1,311-square foot residential structure. Central to
this petition is permission to demolish the residential structure and to subsequently
construct a two-story, 12,000 square foot office structure. There are two basic planning
issues to consider; namely, (1) a permitted increase in intensity of development of the
property and (2) a change in land uses permitted on the site.
3
(1) In the C-2 District, the maximum floor area ratio (FAR), defined as the gross floor
area of all buildings on a lot divided by the area of such lot, is 5.0.
o With the petition approved in 2001 and retention of the residential
structure for commercial purposes, the resulting FAR is 0.03.
o The subject petition to amend proffered conditions, with the proffered site
plan and building, represents an FAR of 0.25. This FAR is comparable to
other commercial development along this section of Brambleton Avenue,
including a pizza restaurant (0.37 FAR), dentist's office (0.33 FAR), and a
hair salon (0.34 FAR).
o The proffered conditions further define a compatible scale of development
by limiting development to one building with a maximum footprint of 6,000
square feet.
(2) The existing proffers on the subject property would permit by right forty-four (44)
C-2, General Commercial, land use activities. The current petition to amend
proffered conditions limits permitted by right principal uses to three.
The request to amend proffered conditions is consistent with Vision 2001-2020's
policies of encouraging commercial development in appropriate areas (p. 59, ED P6)
and utilizing more fully the City's commercial sites, while protecting the integrity of
existing residential neighborhoods. The subject property is appropriate for office use as
limited by the proffered conditions, which address the development and use of the
property in relation to the adjacent residential neighborhood.
· The proffered conditions related to square footage and height of the proposed
building are appropriate and comparable in terms of intensity (size, scale, and
floor area ratio) of development that currently exists along this section of
Brambleton Avenue.
· Establishment of a vegetative landscaped buffer, including the retention of
existing trees within 25-feet deep buffer yards along the eastern boundary and
the rear of the property, minimizes any conflict between the residential
neighborhood and proposed office development.
· The proffered office uses are consistent with this commercial node and are
compatible with the adjacent residential neighborhoods.
Development of the site as proffered is consistent with the following policies,
recommended actions, and design principles set forth in Vision 2001-2020:
"Roanoke will protect the environment and ensure quality air and water for
citizens of the region." (EC P4)
o The petition proffers that storm water management will be provided by an
underground detention system.
4
"Roanoke will maintain and increase its tree canopy coverage as a way to
improve air quality." (EC P5)
o The petition proffers retention of substantial existing trees on the eastern
and rear boundaries and provides additional trees along the western
boundary and within the parking area.
"Encourage reduced light pollution from development, particularly in residential
neighborhoods." (EC Al0) "Lighting should be decorative and pedestrian-scaled
in downtown, commercial centers, and village centers." (p. 94)
o The petition proffers residentially scaled parking lot lighting, not to exceed
12 feet in height; and
o The petition further proffers that all exterior lighting will be shielded with
fully concealed fixtures to prevent glare on adjacent properties.
"Buildings and trees should shape the City's image rather than asphalt and
signs." (p. 4, #2)
o The proffered conditions place the building as close to the street as the
ordinance will permit, and significant numbers of trees are proffered to be
retained and planted.
"Off-street parking will be encouraged to the side or rear of buildings." (IN P4)
o The proffered site plan locates all off-street parking to the rear of the
building.
"New development along the City's edges should promote a positive image of the
City by respecting natural features, emphasizing high-quality building design, and
incorporating appropriate landscaping." (p. 89, City, Design principles)
o The subject property is located near the city limits, and the subject petition
proffers a site plan and elevations that incorporate the natural topography
of the site and proffers landscaping, including foundation landscaping and
tree canopy, that exceeds the requirements of the ordinance.
"Visual clutter ... should be discouraged. Signs should be consolidated and
attractively designed." (p. 91 )
o The proffered conditions include the restriction of freestanding signage to
one monument sign or sign built into a freestanding wall not to exceed 5
feet in height, with the sign area not to exceed 80 square feet.
"Building height and location should create a feeling of enclosure along a street."
(p. 95)
o The proffered site plan places the building as close to the street as the
ordinance will allow, and the proposed two-story structure provides height
and bulk along the street helping to better define the streetscape.
No one has expressed opposition to the request.
During the Planning Commission public hearing, Sean Home of Balzer and Associates,
representing the petitioner, presented the request. Nancy Snodgrass, City Planner,
presented the staff report, recommending approval of the request.
Recommendation:
Given the proffered uses, site plan, and elevations of this petition, the Commission
recommends approval of the requested amendment of proffers.
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
COZ
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Dr. Murray E. Joiner, Petitioner
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 at 3034
Brambleton Avenue, S.W., in the City of Roanoke, identified as Official Tax Map
Number 1650903, containing a total of 1.103 acres, more or less.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Murray E. and Patricia B. Joiner, are the owners of property identified as
Official Tax Map Number 1650903, heretofore rezoned to C-2, with proffered conditions. Said
parcel of land contains 1.103 acres and is located at 3034 Brambleton Avenue, S.W. A map of
property is attached hereto as Exhibit 1.
The Petitioner requests that the proffered conditions relative to said property be
amended as hereinafter set forth.
The Petitioner believes 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 redevelopment and more efficient use of the
subject property along a prime commercial corridor in a manner that is sensitive to adjacent
residential neighborhoods through the provision of appropriate buffering and residential scale
lighting, and that provides for a quality office development with the building creating a strong
presence along the street, parking tO the rear, and extensive landscaping.
The Petitioner hereby requests that the Proffers enacted by Ordinance No. 35218-
030501 be repealed as they apply to Tax Map No. 1650903. Said proffers read as follows:
\~Roanoke-server\worddocs~O03 PROJ~R0300076~second Amdended Petition to Amend Proffers,doc
1. That the property will be developed in substantial conformity with the development
plan made by David Perfator, dated December 6, 2000, revised January 9, 2001,
and attached to this petition as Exhibit B, subject to any changes required by the City
during Comprehensive Site Plan review.
2. That the following C-2 uses would not be permitted onthe property:
a. 36.1-206 (4) -Trade and industrial schools of an industrial nature.
b. 36.1-206 (37) - Establishments primarily engaged in the sale or rental of
automobiles, trucks, and construction equipment and including the incidental
repair and maintenance of vehicles where the lot area is greater than twenty
thousand (20,000) square feet.
c. 36.1-206 (46) - Kennels with no outside pens or "runs".
3. Existing trees within the landscaping buffer will be retained.
The Petitioner hereby requests that the following proffered conditions be substituted and
adopted for those existing proffers delineated above as they apply to Tax Map No. 1650903:
1. The property shall be developed in substantial conformity with the Site Plan prepared
by Balzer and Associates, Inc., September 2, 2003 attached to this petition as
Exhibit 2, subject to any changes required by the City during the Comprehensive
Site Plan review.
Existing trees delineated on the Site Plan within the 25-feet deep buffers
along the eastern boundary of the property and along the rear of the property
shall be retained. Landscaping of the buffer yards, front yard, interior of the
lot, and foundation of the building shall be in substantial conformity with the
Site Plan.
\\Roanoke-server~worddocs~2003 PROJ~R0300076\second Amdended PetilJon to Amend Proffers.doc
b. The building delineated on the Site Plan shall be two stories and shall not
exceed 12,000 square feet.
The use of the property shall be limited to the following principal C-2, General
Commercial, District uses:
a. General and professional offices, no__~t including financial institutions;
b. Medical clinics; and
c. Medical offices.
Freestanding signage on the property shall be a monument or wall sign not to
exceed 5 feet in height. Materials of the sign shall match those of the building as
shown on Exhibit 3. The sign surface area shall not exceed 80 sq. feet in size.
4. The building constructed on the site shall be in substantial conformity with the
drawings and elevations provided by Balzer and Associates, Inc., dated August 29,
2003, attached to this petition as Exhibit 3.
Parking lot lighting shall be a residential scale not to exceed twelve (12) feet in
height. All exterior lighting shall be shielded with fully concealed fixtures to prevent
glare on adjacent properties.
6. Storm water management will be provided by an underground detention system.
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.
\\Roar~ke-server~worddocs~2003 PROJ~R0300076~second Amdended Petition to Amend Proffers.dcc
Attached as Exhibit 4 ars the names, addresse~ and. tax nUmbers of the owner or
owners of all lots or property mmed ately adJacent to and Immediately across a street or road
from the subject property.
WHEREFORE, the Petitioner rsquests that the above-described proffers applicable to
Tax Map No. 1650903, be repealed and amended as rsquestsd in accordance with the
provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this Z' ~ day of -~¥~-'. , 2003.
By:
Typed Name of Owner/Petitione~
Address
Phone Number
Owner
\~Roa noke.$erver~Wordd oc~STAF FDI R~Srnh~Amdended Petition to An]end Proffers.doc
3034 Brambleton Ave, SW
Roanoke
County
N
S
~ii
ADJOINING PROPERTY OWNERS
Tax Map Number
Owner(s) Name(s) and'AddreSs ·
Zoning
CITY OF ROANOKE, VIRGINIA:
1650940
1650939
Dennis. O. & Sharon H. Guthrie, Jr.
3022 Hollowell Avenue, S. ?Br.
Roanoke, Virginia 24015
Alberta G. Richards
3026 Hollowell Avenue, S. W. '
Roanoke, Virginia 24015
RS3
RS3
1650938
Lynn M. Hawkins
3027 Hollowell Avenue, S. W.
Roanoke, Virginia 24015 . ·
1650925
Curtis E. & Ellen It. Fuller
1942 Brandon A~,enue ..
Roanoke, .Virginia 24010
1650518
JRNChicken Stores
cYo Savage, Savage&Brown
P. O. Box. 22845
Oldahomh City, Oklahoma 73123
1650517
Edwin A. Ct3. aney ·
c/o Misty Meadows·
3033.Brambleton Avenue, S. W.
Roanoke, Virginia 24015
1650536
Roanoke Valley LLC
P. O. Box 12203
Roanoke, Virginia 24023
C2
1650902
Richard M. & Mary L. Moore RS3
3048 Brambleton Avenue, S. W.
Roanoke, Virginia 124015
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk(~ci.roanoke.va.uz
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
September 10, 2003
File #51
Robed 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 second amended petition received in the City Clerk's Office on
September 3, 2003, from Murray E. and Patricia B. Joiner requesting Amendment of
Proffered Conditions for rezoning of a parcel of land located at 3034 Brambleton Avenue,
S. W., identified as Official Tax No. 1650903, containing a total of 1.103 acres, more or
less, as contained in Ordinance No. 35218-030501.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
:sm
Enclosure
H. CKMHl\Rezomngs -Stre~Al~,y,Clos~ngs.03\HalLSecond Amendment of Conditions Proffered.wpd
Robed B. Manetta, Chair
September 10, 2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Dr. Murray E. Joiner, 4519 Brambleton Avenue, S. W., Suite 302, Roanoke, Virginia
24018
S/usan S. Lower, Acting Director, Real Estate Valuation
"lt,ladha 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:\CKMHl\P. ezonings - Street. Alley Closings.03~Hall. S¢cond Amendment of Conditions Proffcrcd.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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
October 8, 2003
File #51
Dr. Murray E. Joiner
4519 Brambleton Avenue, S. W.
Suite 302
Roanoke, Virginia 24018
Dear Dr. Joiner:
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 Thursday,
October 23, 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 presently binding
upon a tract of land located at 3034 Brambleton Avenue, S. W., Official Tax No. 1650903,
as set forth in Ordinance No. 35218-030501 adopted on March 5, 2001.
For your information, I am enclosing copy of a report of the City Planning Commission and
a notice of the public hearing. 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.
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letter.wpd
Dr. Murray E. Joiner
October 8, 2003
Page 2
It will be necessary for you, or your representative, to be present at the October 23
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:ew
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letter.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIx'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
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
October 8, 2003
File #51
Mr. and Mrs. Dennis O. Guthrie, Jr.
Mr. Lynn M. Hawkins
JRN Chicken Stores, c/o Savage,
Savage and Brown
Roanoke Valley, L.L.C.
Mr. and Mrs. Joel McCubbin
Ms. Alberta G. Richards
Mr. and Mrs. Curtis Fuller
Mr. Edwin A. Chaney, c/o
Ms. Misty Meadows
Mr. and Mrs. Daniel Wynne
Mr. and Mrs. Christopher Hodges
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 Thursday,
October 23, 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 Murray E. and Patricia B. Joiner that proffered
conditions presently binding upon a tract of land located at 3034 Brambleton Avenue, S.
W., Official Tax No. 1650903, as set forth in Ordinance No. 35218-030501 adopted on
March 5, 2001, be amended.
The City Planning Commission is recommending that Council approve the request to
amend proffered conditions. 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.
N:\CKEWl\public hearings 03\oct 23 03\o¢ 23 att letter.wpd
Interested Property Owner and/or
Adjoining Property Owner
October 8, 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.
MFP:ew
Mary F. Parker, CMC
City Clerk
N:\CKEW'l\public hearings 03\oct 23 03\oct 23 att letter.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
02225508
3034 Brambleton
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 October 2003. Witness my hand and
~fici~ seal.
~ ~' ~ Notary Public
PUBLISNED ON: 10/03 10/10
TOTAL COST:
FILED ON:
220.80
10/15/03
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
Thursday, October 23, 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 amending proffered
conditions presently binding upon a tract of land located at 3034 Brambleton Avenue, S.W.,
and designated as Official Tax No. 1650903, as set forth in Ordinance No. 35218-030501,
adopted March 5, 2001.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, October 16, 2003.
GIVEN under my hand this 1st day of October, 2003.
Mary F. Parker, City Clerk.
H/NOTICES\N- P~EZOAMEN DPROFJO INER 102303.DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, October 3, 2003, and once on Friday, October 10, 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
Fax: (540) 853-1145
E-mail: ¢lerk(~ci.roanokc.vz. us
STEPHAN1E M. MOON
Dcputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
September 10, 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
September 3, 2003, from Murray E. and Patricia B. Joiner requesting Amendment of
Proffered Conditions for rezoning of a parcel of land located at 3034 Brambleton Avenue,
S. W., identified as Official Tax No. 1650903, containir~g a total of 1.103 acres, more or
less, as contained in Ordinance No. 35218-030501.
Sincerely,
Stephanie M. Moon
Deputy City Clerk
:sm
Enclosure
H:\CKMHl\Rezonings - Street. Alley Closings.03\HalI.Second Amendment of Conditions Proffered,wpd
Robert B. Manetta, Chair
September 10, 2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Dr. Murray E. Joiner, 4519 Brambleton Avenue, S. W., Suite 302, Roanoke, Virginia
24018
Susan S. Lower, Acting Director, Real Estate Valuation
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:\CKMHl~Rezonings - Street. Alley Closings.03~Hall. Second Amendment of Conditions Proffered.wpd
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE AMENDMENT OF PROFFERED CONDITIONS REQUEST OF:
Murray E. and Patricia Joiner (formerly Lorna Hall) for property )
at 3034 Brambleton Avenue,S.W., Tax No. 1650903 )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the 3rd
day of September, 2003, notices of a public hearing to be held on the 18th day of
September, 2003, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
1650940
1650939
1650938
1650925
1650518
1650520
1650517
1650536
1650946
County
County
Owner's Name
Dennis O. and Sharon H. Guthrie, Jr.
Alberta G. Richards
Lynn M. Hawkins
Curtis and Ellen Fuller
JRN Chicken Stores
cio Savage, Savage & Brown
Edwin A. Chaney
c/o Misty Meadows
Roanoke Valley LLC
Daniel J. and Wendy D. Wynne
Joe! and Vickie McCubbin
Christopher and Amy Hodges
Mar~ha Pace Franklin
Mailinq Address
3022 Hollowell Ave., SW
Roanoke, VA 24015
3026 Hollowell Ave., SW
Roanoke, VA 24015
413 Bonhill Drive, NW
Roanoke, VA 24012
1942 Brandon Ave., NW
Roanoke, VA 24015
P O Box 22845
Oklahoma City, OK 73123
3033 Brambleton Avenue
Roanoke, VA 24015
3000 Ogden Road, SW
Roanoke, VA 24014
2620 Livingston Road
Roanoke, VA 24015
3041 Timberlane Avenue
Roanoke, VA 24018
3049 Timbedane Avenue
Roanoke, VA 24018
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 3rd day of September, 2003.
MY Commission Expires: ~- ¢_.~ oC,~ -- ~
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE AMENDMENT OF PROFFERED CONDITIONS REQUEST OF:
Murray E. and Patricia Joiner (formerly Lorna Hall) for property )
at 3034 Brambleton Avenue,S.W., Tax No. 1650903 )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
26th day of June, 2003, notices of a public hearing to be held on the 17th day of July,
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
1650940
1650939
1650938
1650925
1650518
1650520
1650517
1650536
1650946
County
County
Mailinq Address
Dennis O. and Sharon H. Guthrie, Jr.
3022 Hollowell Ave., SW
Roanoke, VA 24015
Alberta G. Richards
3026 Hollowell Ave., SW
Roanoke, VA 24015
Lynn M. Hawkins
413 Bonhill Drive, NW
Roanoke, VA 24012
Curtis and Ellen Fuller
1942 Brandon Ave., NW
Roanoke, VA 24015
JRN Chicken Stores
c/o Savage, Savage & Brown
P O Box 22845
Oklahoma City, OK 73123
Edwin A. Chaney
c/o Misty Meadows
3033 Brambleton Avenue
Roanoke, VA 24015
Roanoke Valley LLC
3000 Ogden Road, SW
Roanoke, VA 24014
Daniel J. and Wendy D. Wynne
2620 Livingston Road
Roanoke, VA 24015
Joel and Vickie McCubbin
3041 Timberlane Avenue
Roanoke, VA 24018
Christopher and Amy Hedges
Martha Pace Franklin
3049 Timberlane Avenue
Roanoke, VA 24018
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 26th day of June, 2003.
My Commission Expires:
Notary Public
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: ¢lerk(~¢i.roanok¢.va.us
STEPHAN1E M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
June 26, 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
June 25, 2003, from Murray E. and Patricia B. Joiner, requesting Amendment of Proffered
Conditions for rezoning of a parcel of land located at 3034 Brambleton Avenue, S. W.,
identified as Official Tax No. 1650903, containing a total of 1.103 acres, more or less, as
referenced in Ordinance No. 35218-030501.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMHl\Rezonings - Street. Alley Closings.03\HalL(Joiner).Amendment of Conditions Proffered.amer,~ed.wpd
Robe~ B. Mane~a
June 26,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Dr. Murray E. Joiner, 4519 Brambleton Avenue, S. W., Suite 302, Roanoke, Virginia
24018
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:\CKMHl\Rezonings - Street. Alley C]osings.03\Hall.(Joiner).Amendment of Conditions Proffered.amended.wpd
FIRST 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 at 3034
Brambleton Avenue, S.W, in the City of Roanoke, identified as Official Tax Map
Number 1650903, containing a total of 1.103 acres, more or less.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Murray E. and Patricia B. Joiner, are the owners of property identified as
Official Tax Map Number 1650903, heretofore rezoned to C-2, with proffered conditions. Said
parcel of land contains 1.103 acres and is located at 3034 Brambleton Avenue, S.W. A map of
property is attached hereto as Exhibit 1.
The Petitioner requests that the proffered conditions relative to said property be
amended as hereinafter set forth.
The Petitioner believes 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 redevelopment and more efficient use of the
subject property along a prime commercial corridor in a manner that is sensitive to adjacent
residential neighborhoods through the provision of appropriate buffering and residential scale
lighting, and that provides for a quality office development with the building creating a strong
presence along the street, parking to the rear, and extensive landscaping.
The Petitioner hereby requests that the Proffers enacted by Ordinance No. 35218-
030501 be repealed as they apply to Tax Map No. 1650903. Said proffers read as follows:
\\Roanoke-server~Worddocs~STAFFDIR~Smh~Amdended Petition to Amend Proffers.doc
1. That the property will be developed in substantial conformity with the development
plan made by David Perfator, dated December 6, 2000, revised January 9, 2001,
and attached to this petition as Exhibit B, subject to any changes required by the City
during Comprehensive Site Plan review.
2. That the following C-2 uses would not be permitted on the property:
a. 36.1-206 (4) - Trade and industrial schools of an industrial nature.
b. 36.1-206 (37) - Establishments primarily engaged in the sale or rental of
automobiles, trucks, and construction equipment and including the incidental
repair and maintenance of vehicles where the lot area is greater than twenty
thousand (20,000) square feet.
c. 36.1-206 (46) - Kennels with no outside pens or "runs".
3. Existing trees within the landscaping buffer will be retained.
The Petitioner hereby requests that the following proffered conditions be substituted and
adopted for those existing proffers delineated above as they apply to Tax Map No. 1650903:
1. The property shall be developed in substantial conformity with the Site Plan prepared
by Balzer and Associates, Inc., June 25, 2003 attached to this petition as Exhibit 2,
subject to any changes required by the City during the Comprehensive Site Plan
review.
a. Existing trees delineated on the Site Plan within the 25-feet deep buffers
along the eastern boundary of the property and along the rear of the property
shall be retained. Landscaping of the buffer yards, front yard, interior of the
lot, and foundation of the building shall be in substantial conformity with the
Site Plan.
't\Roanoke-server\Worddocs~STAFFDIR~Smh~Amdended Petition to Amend Proffers.doc
b. The building delineated on the Site Plan shall be two stories and shall not
exceed 12,000 square feet.
The use of the property shall be limited to the following principal C-2, General
Commercial, District uses:
a. General and professional offices, not including financial institutions;
b. Medical clinics; and
c. Medical offices.
Freestanding signage on the property shall be in substantial conformity with the
drawings and elevations provided by Balzer and Associates, Inc., dated June 25,
2003, attached to this petition as Exhibit 3. The sign shall be a monument sign not
to exceed 5 feet in height. The sign shall not exceed 150 sq. feet in size.
4. The building constructed on the site shall be in substantial conformity with the
drawings and elevations provided by Balzer and Associates, Inc., dated June 25,
2003, attached to this petition as Exhibit 3.
Parking lot lighting shall be a residential scale not to exceed twelve (12) feet in
height. All exterior lighting shall be shielded with fully concealed fixtures to prevent
glare on adjacent properties.
6. Storm water management will be provided by an underground detention system.
~\Roanoke-server~Worddocs\STAFFOIR\Smh~Amdended Petition to Amend Proffers.doc
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 Petitioner requests that the above-described proffers applicable to
Tax Map No. 1650903, 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 r.~..0_ ,2003.
By:
Respectfully submitted,
Owner
Typed Name of Owner/Petitioner
Address
Phone Number
\\Roanoke-server~Worddocs\STAFFDiR\Smh\Amdended Petition to Amend Proffers.doc
3034 Brambleton Ave, SW
1651001
Roanoke
County
1570101
MASTER PLAN
X
ADJOINING PROPERTY OWNERS
Tax Map Number
Owner(s) Name(s) and Address
CITY OF ROANOKE, VIRGINIA:
1650940 Dennis O. & Sharon H. Guthrie, Jr.
3022 Hollowell Avenue, S. W.
Roanoke, Virginia 24015
1650939
Alberta G. Richards
'3026 Hollowell Avenue, S. W.
Roanoke, Virginia 24015
Zoning
RS3
RS3
1650938
Lynn M. Hawkins
3027 Hollowell Avenue, S. W.
Roanoke, Virginia 24015
RS3
1650925
Curtis E. & Ellen H. Fuller
1942 Brandon Avenue .
Roanoke, Virginia 24010
1650518
JP,2q Chicken Stores
c/o Savage, Savage & Brown
P. O. Box 22845
Oklahoma City, Oklahoma 73123
1650517
Edwin A. Chaney.
c/o Misty Meadows'
3033Brambleton Avenue, S. W.
Roanoke, Virginia 24015
C2
1650536
Roanoke Valley LLC
P. O. Box 12203
Roanoke, Virginia 24023
C2
1650902
Richard M. & Mary L. Moore RS3
3048 Brambleton Avenue, S. W.
RoanOke, Virginia 124015
C-oT_
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE AMENDMENT OF PROFFERED CONDITIONS REQUEST OF:
Lorna M. Hall for property at 3034 Brambleton Avenue,S.W. )AFFIDAVIT
'Fax Nos. 1650903 )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
21st day of March, 2003, notices of a public hearing to be held on the 17th day of April,
2003,on the rezoning captioned above to the owner or agent of the parcels listed below
at their last known address:
Parcel
1650940
1650939
1650938
1650925
1650518
1650520
1650517
1650536
1650946
County
County
Owner's Name
Dennis O. and Sharon H. Guthrie, Jr.
Alberta G. Richards
Lynn M. Hawkins
Curtis and Ellen Fuller
JRN Chicken Stores
cio Savage, Savage & Brown
Edwin A. Chaney
c/o Misty Meadows
Roanoke Valley LLC
Daniel J. and Wendy D. Wynne
Joel and Vickie McCubbin
Christopher and Amy Hodges
Martha Pace Franklin
Mailing Addmss
3022 HollowellAve.,SW
Roanoke, VA 24015
3026 HollowellAve.,SW
Roanoke, VA 24015
413 Bonhill Drive, NW
Roanoke, VA 24012
1942 BmndonAve., NW
Roanoke, VA 24015
P O Box 22845
Oklahoma City, OK 73123
3033 Bmmbleton Avenue
Roanoke, VA 24015
3000 Ogden Road, SW
Roanoke, VA 24014
2620 Livingston Road
Roanoke, VA 24015
3041Timbedane Avenue
Roanoke, VA 24018
3049 Timbedane Avenue
Roanoke, VA 24018
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 21st day of March, 2003.
My Commission Expires: 0¢3-~ ~'""0'7 Notary Public
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
CITY CL~K '03 FEB 21 PM04r28
PERTAINING TO THE AMENDMENT OF PROFFERED CONDITIONS REQUEST OF:
Lorna M. Hall for property at 3034 Brambleton Avenue,S.W. -)AFFIDAVIT
Tax Nos. 1650903 )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
21st day of February, 2003, notices of a public hearing to be held on the 20th day of
March, 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
1650940 Dennis O. and Sharon H. Guthrie, Jr.
1650939
1650938
1650925
1650518
1650520
1650517
1650536
1650946
County
County
Alberta G. Richards
Lynn M. Hawkins
Curtis and Ellen Fuller
JRN Chicken Stores
c/o Savage, Savage & Brown
Edwin A. Chaney
cio Misty Meadows
Roanoke Valley LLC
Daniel J. and Wendy D. Wynne
Joel and Vickie McCubbin
Christopher and Amy Hodges
M~~anklin - ~
Mailin.q Address
3022 Hollowell Ave., SW
Roanoke, VA 24015
3026 Hollowell Ave., SW
Roanoke, VA 24015
413 Bonhill Drive, NW
Roanoke, VA 24012
1942 BmndonAve., NW
Roanoke, VA 24015
P O Box 22845
Oklahoma City, OK 73123
3033 Brambleton Avenue
Roanoke, VA 24015
3000 Ogden Road, SW
Roanoke, VA 24014
2620 Livingston Road
Roanoke, VA 24015
3041Timberlane Avenue
Roanoke, VA 24018
3049 Timberlane Avenue
Roanoke, VA 24018
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 21st day of February, 2003.
Notary Pu/blic
My Commission Expires: o~ - ,~ ~( -O 'q,
NOTICE OF PUBLIC HEARING BEFORE THE C~'~I~'~'~~NNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, March 20, 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., to consider the following:
Request from Lorna M. Hall to amend proffered conditions on property bearing
Official Tax No. 1650903, 3034 Brambleton Avenue, S.W.
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, March 4 and 11,2003
Please charge to credit card and send affidavit of publication to:
Department of Planning Building & Development
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1730
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City CIcdc
SHEILA N. HARTMAN
Assistant City Clerk
February 7, 2003
File #51
Robe~ B. Mane~a, Chair
City Planning Commission
2831Stephenson 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 February 6, 2003,
from Loma M. Hall, requesting Amend merit of Proffered Conditions for rezoning of a parcel
of land located at 3034 Brambleton Avenue, S. W., identified as Official Tax No. 1650903,
containing a total of 1.103 acres, more or less, as contained in Ordinance No.
35218-030501.
MFP:mh
Enclosure
Sincerely,
Mary F. Parker, CMC
City Clerk
N:\CKMHl\Rezonings - Street. Alley Ciosings.03\HalI.Amendment of Conditions Proffered.wpd
Robe~ B. Mane~a, Chair
February 7,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Ms. Lorna M. Hall, 4811 Colonial Avenue, S. W., Roanoke, Virginia 24018
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:\CKMHlh°-ezonings - Street. Alley Closings.03~lall. 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 at 3034
Brambleton Avenue, S.W., in the City of Roanoke, identified as Official Tax
Map Number 1650903, containing a total of 1.103 acres, more or less.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Lorna M. Hall, has heretofore had rezoned to C-2, with proffered
conditions, the property identified as Official Tax Map Number 1650903. Said parcel of
land contains 1.103 acres and is located at 3034 Brambleton Avenue, S.W. A map of
the property is attached hereto as Exhibit 1.
The Petitioner requests that the proffered conditions relative to said property be
amended as hereinafter set forth.
The Petitioner believes 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 redevelopment and more efficient use
of the subject property.
The Petitioner hereby requests that Proffer No. 1 and Proffer No. 2 of the
Proffers set out in Ordinance No. 35218-030501 be repealed as they apply to Tax Map
No. 1650903. Said proffers read as follows:
1. That the property will be developed in substantial conformity with the
development plan made by David Perfator, dated December 6, 2000, revised
January 9, 2001, and attached to this petition as Exhibit B, subject to any
changes required by the City during Comprehensive Site Plan review.
That the following 0-2 uses would not be permitted on the property:
a. 36.1-206 (4) - Trade and industrial schools of an industrial nature.
b. 36.1-206 (37) - Establishments primarily engaged in the sale or rental
of automobiles, trucks, and construction equipment and including the
incidental repair and maintenance of vehicles where the lot area is
greater than twenty thousand (20,000) square feet.
c. 36.1-206 (46) - Kennels with no outside pens or "runs."
The Petitioner agrees that all other proffers previously approved by Ordinance
No. 35218-030501, shall remain in full force and effect.
The Petitioner further agrees that the property identified as Tax Map No.
1650903 shall be subject to the following additional proffered conditions:
1. Any new buildings or structures built on the subject property shall not
exceed a maximum of thirty-five (35) feet in height.
2. The cumulative gross floor area of all buildings or structures built on the
subject property shall not exceed twenty thousand (20,000) square feet,
excluding storage areas, and in no case shall any one (1) building or
structure exceed six thousand (6,000) square feet, excluding storage
areas.
3. The established front yard building setback along Brambleton Avenue
shall be maintained at a minimum of thirty (30) feet; and the established
vegetative landscaping buffer along the entire eastern property boundary
shall be maintained at a minimum of twenty-five (25) feet in depth.
4. The use of the subject property shall be limited to the following principal
uses:
a. General and professional offices, not including financial institutions;
General retail establishments primarily engaged in retail sale or
rental of merchandise, goods, or products, except automobiles,
trucks, or construction equipment; and including the incidental
repair and assembly of merchandise, goods, or products to be sold
on the premises.
Dwellings located above ground floor nonresidential uses;
Trade, business and art schools of a nonindustrial nature;
Day care centers with a capacity of up to fifty (50) children subject
to the requirements of Section 36.1-510, et. seq;
Personal service establishments;
Business service establishments; and
Restaurants.
Attached as Exhibit 2 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 Petitioner requests that the above-described proffers
applicable to Tax Map No. 1650903, be repealed and amended as requested in
accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ~ day o~, 200~.
By:
Respectfully submitted,
Lorna M. Hall
- EXISllNG 10' S.S.E
,' -.: "· SEE MAP RECORD£D
L LOT UNE
D.B. 1035, PG. 352
43'%
42.85')
.':: '(64-.693
'1Z3' ~. 107.54
~0 AC, LDT 3A I
128 AC. ~ I
006 AC, ~o 10.006 AC.
4~- LnT 3B
fAX #165-0946
3UND~ BY ~N~S
1..~ ~. 1~ 12, 7 o
''
PARKING
. 266.24'
' N' 50%'~r~7" e
(15B.70')
30' ~.B.L.
JOINT USE
_Dt~VE~AY TO BE
PIN
0.98] AC. LOT 4A
+0.128 AC.
-0.006 AC,
1.103 AC. LOT 4B
TAX #165-0903
BOONDED aY CORNE~S
TO 3 INCLUSIVE
78.1'
CH~4N LE
K 1
OF
'HEN
21-02 NAIL SE
1419 ON WALL
FOR
Y D, WYNNF
)T 4~A (0.981 ACRE)
{.. MAP
~ 2139
u.4g8 ACRE) AND
AVENUE, S.W.
SCALE: 1 · = 30'
~: 'AUGUST 21, 2002
W.O. 02-0420
0.128 AC. ~
LOT 3, BLOCK 1
PROPER'Pr' OF
EON KEITH &:
JUDITH ANN ADKINS
TAX # 77.10-01-03
D.8. 1033, PO. 511
s E
15.28'
FND
LOT 4. BLOCK 1
PROPERTY OF
CHRISTOPHER N. &
AMY M. HODGES
TAX ~ 77.10-01-04
D.B. 1679, PG, 707
LOT 5. BLOCK 1
PROPERTy OF
JOEL L, &
VICKIE B. McCUBBIN
TAX # 77.10-01-05
D.B. 81240, PG. 490
ALE
FND
ADJOINING PROPERTY OWNERS
Tax Map Number Owner(s) Name(s) and Address
CITY OF ROANOKE, VIRGINIA:
Zoning
1650940
Dennis O. & Sharon H. Guthrie, Jr.
3022 Hollowell Avenue, S. W.
Roanoke, Virginia 24015
RS3
1650939
Alberta G. Richards
'3026 Hollowell Avenue, S. W.
Roanoke, Virginia 24015
RS3
1650938
Lynn M. Hawkins
3027 Hollowell Avenue, S. W.
Roanoke, Virginia 24015
RS3
1650925
Curtis E. & Ellen H. Fuller
1942 Brandon Avenue
Roanoke, Virginia 24010
1650518
JRNChicken Stores
c/oSavage, Savage&Brown
P. O. Box 22845
Oklahoma City, Oklahoma 73123
C2
1650517
Edwin A. Chaney
c/o Misty Meadows
3033 Brambleton Avenue, S. W.
Roanoke, Virginia 24015
C2
1650536
Roanoke Valley LLC
P. O. Box 12203
Roanoke, Virginia 24023
C2
1650902
Richard M. & Mary L. Moore RS3
3048 Brambleton Avenue, S. W.
Roanoke, Virginia I24015
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
October 27, 2003
File #514
C. John Renick, Attorney
3130 Chaparral Drive
Building B, Suite 103
Roanoke, Virginia 24018-4326
Dear Mr. Renick:
I am enclosing copy of Ordinance No. 36528-102303 permanently vacating, discontinuing
and closing a portion of Gilmer Avenue, N. E., extending in a westerly direction from
4th Street to an existing cul-de-sac.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
C. John Renick, Attorney
October 27, 2003
Page 2
pc:
Ann Murray, Postmaster, United States Postal Service
419 Rutherford Avenue, N. E., Roanoke, Virginia 24016
Norfolk and Western Railway, 435 Kimball Avenue, N. W., Roanoke, Virginia 24012
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Acting Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36528-102303.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance by title.
WHEREAS, Member One Federal Credit Union, filed an application to the Council of
the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently
vacate, discontinue and close the public right-of-way described hereinafter;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held on such application by the City Council on
October 23, 2003, after due and timely notice thereof as required by {330-14, Code of the City
of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on such application;
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no inconvenience
will result to any individual or to the public from permanently vacating, discontinuing and
closing such public right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia,
that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly
described as follows:
That portion of Gilmer Avenue, N.E., running in a westerly direction from 4th
Street, N.E., to and including an existing cul-de-sac
be, and is hereby permanently vacated, discontinued and closed, and that all right and interest
of the public in and to the same be, and hereby is, released insofar as the Council of the City
of Roanoke is empowered so to do with respect to the closed portion of the right-of-way,
reserving however, to the City of Roanoke and any utility company, including, specifically,
without limitation, providers to or for the public of cable television, electricity, natural gas or
telephone service, an easement for sewer and water mains, television cable, electric wires,
gas lines, telephone lines, and related facilities that may now be located in or across such
public right-of-way, together with the right of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such right to include the right to remove,
without the payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such work is undertaken;
such easement or easements to terminate upon the later abandonment of use or permanent
removal from the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for
the City of Roanoke, a subdivision plat, with such plat combining all properties which would
otherwise be landlocked by the requested closure, or otherwise disposing of the ]and within
the right-of-way to be vacated in a manner consistent with law, and retaining appropriate
easements, together with the right of ingress and egress over the same, for the installation and
maintenance of any and all existing utilities that may be located within the right-of-way.
BE IT FURTHER ORDAINED that prior to receiving any of the required approvals of
the subdivision plat referenced in the previous paragraph, the applicant and the City of
Roanoke shall execute a performance agreement, in form acceptable to the City Manager for
the City of Roanoke, the terms of which shall include the applicant's providing, at the time
the executed agreement is presented to the City, a letter of credit in favor of the City of
Roanoke for the payment of Sixty-six thousand three hundred dollars and no cents
($66,300.00) to the City of Roanoke under terms and conditions acceptable to the City
Manager for the City of Roanoke.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all of the above
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the
City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are
recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke,
Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in
interest who may so request, as Grantees, and pay such fees and charges as are required by
the Clerk to effect such recordation.
BE IT FURTHER ORDAiNED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAiNED that if the above conditions have not been met within
a period of twelve (12) months from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
BE IT FURTHER ORDAiNED that the applicant shall show its consent to the terms
of this closure by executing the ordinance, below, within thirty (30) days of its adoption by
City Council.
BE IT FINALLY ORDAINED that pursuant to the provisions of {312 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
City Clerk.
EXECUTED by the undersigned this day of
ACCEPTED and
,20
ATTEST:
MEMBER ONE FEDERAL CREDIT UNION
By _(Sea~
lts Its
COMMONWEALTH OF VIRGINIA
§ To-Wit:
The foregoing instrument was acknowledged before me in my jurisdiction aforesaid
this __ day of 2003 by , the _, of
Member One Federal Credit Union.
My Commission expires:
Notary Public
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
October 23, 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 Member One Federal Credit Union,
represented by C. John Renick, attorney, that Gilmer
Avenue, N.E., running in a westerly direction from 4th Street,
N.E., to an existing cul-de-sac, be permanently vacated,
discontinued and closed.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, September
18, 2003. A substitute motion was made by Mr. Marietta to recommend that the
portion of Gilmer Avenue, N.E., requested for closure, be sold for $2.50 per
square foot (or $66,300) if there is no proposed performance agreement when
the matter is heard by City Council. The substitute motion was seconded by Mr.
Rife and approved by a vote of 7-0. At the conclusion of discussion of the issue,
a roll call vote was taken on the substitute motion and the Commission, by a roll
call vote of 7-0, recommended that City Council approve the closure and charge
a price of $66,300 if a performance agreement is not proposed at the time City
Council hears the request.
Background:
The petitioner requests closure of a portion of Gilmer Avenue, N.E., lying
between two of their parcels. The petitioner has operated its branch credit union
on Official Tax Map Number 3015008 since 1987. The petitioner purchased the
adjoining property, Official Tax Map Number 3014017, on July 15, 2003.
Asbestos removal from the hotel building on Tax Number 3014017 has been
completed, and demolition of the structure is currently underway.
This portion of Gilmer Avenue is improved with a cul-de-sac at its terminus
with Interstate 581. It is currently used for on-street parking, egress from the
petitioner's establishment, and as a turn-around.
The petitioner's properties are zoned C-3, Central Business District. East
of the petitioneYs site is a branch office of the U.S. Postal Service that is zoned
LM, Light Manufacturing. Across Kimball Avenue from the petitioner's properties
is an office building that is zoned C-3. This portion of Gilmer Avenue abuts
Interstate 581 to the west.
Staff received comments from AEP, which had no objection to the
closure. Roanoke Gas Company and Verizon both stated they have no
opposition to the request. Roanoke Gas Company stated that it will abandon a
3" plastic gas main once the hotel building is razed. Verizon requested that a 15-
foot public utility easement be reserved if the right-of-way is vacated.
Staff received comments from the Water Division of the Department of
Utilities, which stated no sewer or water facilities will be affected by the
requested closure.
Staff also received comments from the Traffic Engineer who noted that a
number of cars use the street for parking, and questioned if the proposed closure
would result in a loss of parking spaces, but otherwise had no objection to the
closure.
The Department of Real Estate Valuation assessed the value of the
subject alley as $66,300, based on C-3 zoning at a rate of $2.50 per square foot.
Staff did not receive any other comments in support of or in opposition to
the requested closure.
Considerations:
Vacation of the portion of Gilmer Avenue would allow the petitioner to
combine the adjoining parcels into one contiguous site and develop it further.
The petitioner plans to build an addition to its existing building that will span part
of what is now Gilmer Avenue.
The petitioner's concept plan illustrates the following:
· Phase 1 (March 2004 - September 2004) - Construction of a four-
story parking deck that will provide 200 spaces.
· Phase 2 (July 2004 - November 2004) - Construction of a two-story
branch building with a drive through.
· Phase 3 (November 2004 - May 2005) - Construction of a four-
story "connector" building with an atrium onto its existing building.
Phase 4 (March 2005 - October 2005) - Construction of a two or
three-story addition onto the structures built in Phases 1 and 3.
Vision 2001-2020 promotes the maintenance of the urban street grid
pattern, addresses on-street parking, and land use in the following policy
statements:
IN P2 (p.71): "Interconnected street systems should be encouraged in
new development and be maintained in existing development."
IN P4 (p.72): Roanoke will encourage on-street parking to wherever
possible and discourage excessive surface parking lots."
Downtown Design Principles (p.89): "Long-term parking should be
concentrated in parking structures or to the side or rear of principal
buildings. Surface parking should be minimized."
The subject portion of Gilmer Avenue was part of the early street grid of
the City, yet is no longer connected to the Gainsboro neighborhood due to the
development of Interstate 581 and the Roanoke Civic Center. Thus, it is not fully
interconnected in the street system. Closure of the subject portion of Gilmer
Avenue and the proposed development will not result in any inconvenience or
disruption to vehicular circulation. In addition, the cul-de-sac of Gilmer Avenue
does not further the urban street design standards the City promotes in Vision
2001-2020.
While the petitioner's proposal will eliminate several on-street parking
spaces, the addition of a parking garage will minimize the amount of surface
parking on the site. At present, the entire surface area of Tax Map Number
3014017 is paved. The petitioner's existing building on 3015008 has close to a
zero lot line on the western and southern sides, with parking to the rear. Building
an addition onto this existing building will require most of the surface parking to
remain at the rear of the site.
The petitioner's proposal will further the economic development goals of
Vision 2001-2020. The petitioner has submitted the following figures to staff as a
representation of additional economic activity and tax base growth that will result
from the development of these combined parcels:
Member One (currently)
Current annual Real Estate Taxes (Tax Number 3015008)- $23,000
Current annual Business Personal Property Taxes - $18,000
Current total taxes paid to City-- $39,000 / year
Expanded Member One
Est. new total annual Real Estate Taxes-- $85,000
Est. new total annual Business Personal Property Taxes- $24,000
Est. total taxes paid to the City-- $109,000/year
The petitioner's current property is assessed at over $1,723,600, including a
building of approximately 12,566 square feet that is assessed at $1,623,600,
which equates to $129 per square foot for the building, and $30 per square foot
overall.
Following this same assessment formula of $129 per square foot, the expansion
of the facility would be valued at $10,320,000. The new tax figures above were
calculated based on a more conservative $7.4 million dollar property
assessment.
Prior to City Council's consideration of this petition, an agreement will be
developed between the City and the petitioner which will ensure performance of
these proposed development activities within specified time frames.
During the public hearing, Mr. Williams asked the petitioner's attorney if
the hotel site was paved, to which the petitioner replied that the majority of it is.
The petitioner's attorney then stated that they intended to have as much green
space on the site as possible. Mr. Williams asked the petitioner's attorney if the
development was oriented to Interstate 581, to which the petitioner's attorney
replied that it is. The petitioner's attorney also stated that the development would
be visible from 581, but access would be via 4~h Street.
Mr. Rife asked the petitioner's attorney to point out the curb cuts on the
concept plan. The petitioner's attorney pointed to the two existing cuts on 4th
Street and stated that new curb cuts would be determined later. Mr. Rife asked if
there was a curb cut on Kimball Avenue. The petitioner's attorney stated that
there is a retaining wall along Kimball Avenue that would remain with the new
development.
Mr. Manetta asked staff to explain the recommendation that the petitioner
would not be charged for the right-of-way, and identify what the City would be
getting with the performance agreement. Planning staff explained that any
agreement that is reached with the petitioner will ensure that the City can recoup
the value of the right-of-way if the petitioner does not comply. Economic
Development staff explained the type of content that would go into the
performance agreement. Mr. Manetta said that he didn't think the City was
getting the true value of the property, and that the petitioner could later sell the
land privately for profit.
Mr. Scholz commented that the Planning Commission has to be consistent
with each petition. Planning staff commented that street and alley closures differ
from one another by the context of the property and impact of the closure on
future land development.
Mr. Chrisman stated that the City would benefit from the closure through
increased taxes paid by the petitioner, and that the petitioner shouldn't be
charged if they entered into a performance agreement. Staff clarified that the
performance agreement was incomplete, but that it would be complete before the
petition was heard by City Council.
Mr. Rife stated that he was happy to see that the City was taking steps to
retain a local business, since usually only new businesses are offered incentives
to locate in the City.
Mr. Manetta moved that the right-of-way be sold at $2.50 per square foot if
a performance agreement was not in place prior to City Council's public hearing
of the petition. The motion was passed unanimously.
Mr. Williams stated that the petition doesn't guarantee what the
development will look like. Mr. Williams stated that some of the design standards
of Vision 2001-2020 should've been required of the petitioner's development as
conditions for the closure. Mr. Williams clarified his point by saying that a
detailed site plan wasn't needed, but that some design guidelines should have
been provided. Staff replied that conditions related to the design of the
development were not feasible at this time, as the petitioner was not prepared to
agree to site plan details.
Recommendation:
A substitute motion was made by Mr. Marietta to recommend that the
portion of Gilmer Avenue, N.E., requested for closure, be sold for $2.50 per
square foot (or $66,300) if there is no proposed performance agreement when
the matter is heard by City Council. The substitute motion was seconded by Mr.
Rife and approved by a vote of 7-0. At the conclusion of discussion of the issue,
a roll call vote was taken on the substitute motion and the Commission, by a roll
call vote of 7-0, recommended that City Council approve the closure, with the
conditions listed below, and charge a price of $66,300 if a performance
agreement is not proposed at the time City Council hears the request.
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and record
the plat with the Clerk of the Circuit Court for the City of Roanoke.
Said plat shall combine all properties which would otherwise
dispose of the land within the right of way to be vacated in a
manner consistent with law, and retain appropriate easements for
the installation and maintenance of any and all existing utilities that
may be located within the right-of-way, including the right of ingress
and egress.
Upon meeting all other conditions to the granting of the application,
the applicant shall deliver a certified copy of this ordinance for
recordation to the Clerk of the Circuit Court of Roanoke, Virginia,
indexing the same in the name of the City of Roanoke, Virginia, as
Grantor, and in the name of the petitioner, and the names of any
other parties in interest who may so request, as Grantees. The
applicant shall pay such fees and charges as are required by the
Clerk to effect such recordation.
Upon recording a certified copy of this ordinance with the Clerk of
the Circuit Court of the City of Roanoke, Virginia, the applicant shall
file with the Engineer for the City of Roanoke, Virginia, the Clerk's
receipt, demonstrating that such recordation has occurred.
If the above conditions have not been met within a period of one
year from the date of adoption of this ordinance, then said
ordinance shall be null and void with no further action by City
Council being necessary.
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
CC;
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Attorney for the Petitioner
Gilmer Ave, NE
-- N
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
MEMBER ONE FEDERAL CREDIT
UNION FOR VACATION GILMER.
AVENUE, NE
APPLICATION FOR VACATING
DISCONTINUING AND
CLOSING OF GILMER AVENUE~.g.
MEMBERS OF COUNCIL:
Member One Federal Credit Union, represented by C. John Renick, attorney,
applies to have a portion of Gilmer Avenue, N.E., in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-
2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion
of Gilmer Avenue is more particularly described on the plat attached and as follows:
BEGINNING at a concrete monument at the intersection of Gilmer Avenue and
4th Street, thence along the outside boundaries of Gilmer Avenue the following distances,
continuing with a curve to the left 23.56 feet to a concrete monument, thence in a
westerly direction 263.25 feet to a concrete monument, thence with a curve to the left
57.81 feet to a concrete monument, thence continuing westerly 34.00 feet to a point on
the line of Interstate Route 581, thence northerly along 1-581 79.99 feet to a point; thence
leaving 1-581 easterly 79.06 feet to a point, thence southerly 58.95 feet to a point; thence
with a curve to the right 70.29 feet to a point; thence with a curve to left 33.06 feet to a
point; thence along the northerly line of Gilmer Avenue approximately 199.50 feet to a
point of intersection of Gilmer Avenue and 4th Street, thence approximately 60 feet
southerly to the place of Beginning, and being all of Gilmer Avenue that lies west of 4th
Street and east of the Interstate Route I~581, a more complete and accurate description to
be shown on a survey that will be prepared at a later date.
The following parcels are contiguous to that portion of Gilmer Avenue and
identified by name and official tax numbers:
(1)
Tax Map#3015008
Member One Federal Credit Union
P.O. Box 12288
Roanoke VA24024
(2)
Tax Map #3015002
United States Postal Service
419 Rutherford
Roanoke VA 24016
(3)
Tax Map #3015005
Norfolk and Western Railway
435 Kimball Avenue NE
Roanoke VA 24012
(4)
Tax Map #3014018
F W J S S Associates LLC
P.O. Box 12167
Roanoke VA 24023
Member One Federal Credit Union, states that the grounds for this application are
as follows:
The focus of this proposal pertains to administrative or back office needs that
support the staff working in those departments of Member One. Management is
currently facing limitation with regard to office space that is hindering its ability
to meet present as well as future service delivery goals. Member One intends to
build office spaces on the Gilmer Avenue tract, and on the parcel they now 6wn,
and is listed as Tax Number 3014018.
WHEREFORE, Member One Federal Credit Union respectfully requests that the above-
described portion of Gilmer Avenue be vacated by the Council of the City Roanoke,
Virginia, in accordance with Virginia Code Section 15.2-2006 and Section 30-14, Code
of the City of Roanoke (1979), as amended.
Respectfully submitted,
MEMB, ER~ FE~)_E~L C~EDIT UNION
SENIORa g PREs r Em'
MEMBER ONE FEDERAL CREDIT UNION
P.O. Box 12288
Roanoke Virginia 24024
1-540-989-9136
C. Johtl Renick
3130 Chaparral Drive
Building B. Suite 103
Roanoke VA 24018
I
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l-1536
Telephone: (540) 853.2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
SHE1LA N. HARTMAN
Assistant City Clerk
October 8, 2003
File #514
C. John Renick, Attorney
3130 Chaparral Drive
Building B, Suite 103
Roanoke, Virginia 24018-4326
Dear Mr. Renick:
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 Thursday,
October 23, 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 Member One Federal Credit Union that a portion
of Gilmer Avenue, N. E., running in a westerly direction from 4th Street, N. E., to an existing
cul-de-sac, be permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a report of the City Planning Commission and
a notice of the public hearing. 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 repod should be directed to the Department
of Planning, Building and Development at 540-853-1730.
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letter.wpd
C. John Renick
October 8, 2003
Page 2
It will be necessary for you, or your representative, to be present at the October 23
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:ew
Sincerely,
City Clerk
Enclosure
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letter.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
Fttx: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
October 8, 2003
File #514
Ann Murray, Postmaster
United States Postal Service
419 Rutherford Avenue, N. E.
Roanoke, Virginia 24016
Dear Ms. Murray:
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 Thursday,
October 23, 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 Member One Federal Credit Union that a portion
of Gilmer Avenue, N. E., running in a westerly direction from 4th Street, N. E., to an existing
cul-de-sac, be permanently vacated, discontinued and closed.
The City Planning Commission is recommending that Council approve the street closure.
If you would like to receive a copy of the report of the City Planning Commission, please
call the City Clerk's Office at 540-853-2541.
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letler.wpd
United States Postal Service
October 8, 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.
MFP:ew
Mary F. Parker, CMC
City Clerk
N:\CKEWl\public headngs 03\oct 23 03\oct 23 att letter.wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
Roanoke.com
.................................................. + .......... ~ i~ ~ ~ ~ i ~ Q~i!3~'£~
MICHAEL J. AHERON, PLC
BUILDING B, SUITE 103
3130 CHAPARRAL DR SUITE
ROANOKE VA 24018
REFERENCE: 80035301
02225931
Gilmer/4th St.
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia.j~ Sworn and subscribed before me this
--~/~.4 _ day of October 2003. Witness my hand and
off~a~ seal. ~9~4_~0
~_~' ~ ~- Notar~ Public
PUBLISHED ON: 10/03 10/10
TOTAL COST: 0.00
FILED ON: 10/17/03
Authorized
Signature:
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Thursday,
October 23, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on
an application to permanently abandon, vacate, discontinue and close, to the extent the City
has any legal interest in such public right-of-way, the following public right-of-way:
That portion of Gilmer Avenue, N.E., running in a westerly direction from 4th
Street, N.E., to and including an existing cul-de-sac.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, October 16,
2003.
GIVEN under myhand this 1st day of October ., 2003.
Mary F. Parker, City Clerk.
H:/NOIICES\N-ST CLOS MOFCUi02303 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, October 3, 2003, and once on Friday, October 10, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
C. John Renick, Esq.
Michael J. Aheron, PLLC
3130 Chaparral Drive
Building B, Suite 103
Roanoke, Va. 24018
(540) 777-3360
Notice to Publisher:
Publish in the Roanoke Tribune once on Thursday, October 9, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE CLOSURE REQUEST OF: ,. ;,~ c:~~'.-~ ~
, ;ti'~ ~~-c~'t~''
Member One Credit Union for a portion of Giimer Avenue, N.E.)
Lying west of 4th Street, N.E. ) 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
18th day of August 2003, notices of a public hearing to be held on the 18th day of
September, 2003,on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Pamel
3015008
3014017
3015002
Owner's Name
Petitioner
United States Postal Service
Martha Pace Franklin
Mailinq Address
419 Rutherford Ave., NE
Roanoke, VA 24016
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 18th day of August, 2003.
Notary Public
My Commission Expires: ~-¢2~'-d>'7
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.vtt us
August 8, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHELL& N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of
an application received in the City Clerk's Office on August 7, 2003, from C. John Renick,
Attorney, representing Member One Federal Credit Union, requesting that a portion of
Gilmer Avenue, N. E., being all of Gilmer Avenue that lies west of 4th Street and east of
1-581, be permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosures
H:~Rezonings - Street. Alley Closings.03\Member One FederaI Credit Union.alley closing.wpd
Robed B. Manetta
August8,2003
Page 2
pcz
The Honorable Mayor and Members of the Roanoke City Council
C. John Renick, Attorney, 3130 Chaparral Drive, Building B, Suite 103, Roanoke,
Virginia 24018-4326
Darlene L. Burcham, City Manager
Susan S. Lower, Acting Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
H:XRezonings - Street,Alley Closings.03\Member One Federal Credit Union.alley closing.wlxt
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie Mo Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
October 27, 2003
File #514
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36529-102303 authorizing the City Manager to
execute a Performance Agreement between the City and Member One Federal Credit
Union that will provide for Member One to make a certain investment in the development
of certain property in the 4th Street, Kimball Avenue, and Gilmer Avenue area.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 27, 2003
Page 2
pc:
C. John Renick, Attorney, 3130 Chaparral Drive, Building B, Suite 103, Roanoke,
Virginia 24018-4326
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Acting Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 23rd day of October, 2003.
No. 36529-102303.
AN ORDINANCE authorizing the proper City officials to execute a Performance
Agreement between the City of Roanoke (City) and Member One Federal Credit Union (Member
One) that will provide for Member One to make a certain investment in the development of
certain property in the 4th Street, Kimball Avenue, and Gilmer Avenue area; and dispensing with
the second reading by title of this Ordinance.
WHEREAS, Member One has requested that a portion of Gilmer Avenue be vacated at
no charge to Member One, provided that Member One make an investment in the Project
Member One intends to construct in that area, which includes building additional structures and
making improvements to the current Member One structure; and
WHEREAS, Member One has agreed to enter into a Performance Agreement with the
City that will provide that Member One will provide the City with a letter of credit to guarantee
Member One's performance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are authorized on behalf of the City to
execute and attest, respectively, a Performance Agreement between the City and Member One
Federal Credit Union, upon certain terms and conditions as set forth in the City Manager's letter
to Council dated October 23, 2002. The Performance Agreement shall be substantially similar to
the one attached to such letter and in a form approved by the City Attorney. Such Performance
Agreement will provide that Member One will make an investment in the development of the
Project referred to in the City Manager's letter and that Member One's performance will be
1
guarante~.xt by Member One providing the City with a letter of credit in the amount of
$66,300.00, the value of the proposed vacated portion of Gilmer Avenue. Furthermore, the
Performance Agreement will contain such other terms and conditions as the City Manager deems
appropriate.
2. The City Manager is further authorized to take such actions and execute such
documents as may be necessary to provide for the implementation and administration of such
Performance Agreement.
3. Pursuant to the provisions of §12 of the City Charter, the second reading of this
Ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
H:~vleasures2vlember One Performance Agreemenl.doc
2
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
October 23, 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: Performance Agreement with
Member One Federal Credit Union
Regarding Vacation of a Portion of
Gilmer Avenue
Background:
Member One Federal Credit Union located at 202 4th Street and 320 Kimball Avenue,
N.E., is currently planning to expand its corporate operations. As such, Member One
has sought to have a portion of Gilmer Avenue vacated ( area of Gilmer Avenue, NE,
that intersects with 4th Street, situated between Tax Map No. 3015008 and Tax Map No.
3014017, located in the City, as further shown on the drawing attached hereto as
Exhibit 1 ).
Consideration(s):
The vacation of such portion of Gilmer Avenue will allow Member One to combine the
adjoining parcels into one contiguous site and permit the development and expansion of
Member One's Downtown facilities. If City Council approves the street vacation,
Member One plans to build additional structures on the site, including an addition to its
existing building, which will provide for a span across part of the street vacation area.
The street vacation will allow Member One to make a significant investment in the
Downtown area and provide for the retention of job positions at its current location and
is anticipated to add approximately 75 new job positions. In anticipation of the business
expansion, Member One has requested the City to provide for the street vacation at no
charge to Member One, provided that Member One will make an investment in the
Project. City staff has negotiated a performance agreement with Member One that
provides Member One will make a minimum investment in the actual construction of the
Project, not including the cost of the real property, of at least $6 million on or before
December 1, 2007. Member One will provide the City with a letter of credit in the
amount of $66,300.00, the value of the proposed vacated portion of Gilmer Avenue, to
guarantee Member One's performance. If such investment is made, the City will return
the letter of credit to Member One. If the vacation of Gilmer Avenue does not take
place, the performance agreement will be terminated. A copy of the proposed
performance agreement is attached hereto as Exhibit 2.
Recommended Action(s):
Authorize the City Manager to execute a performance agreement between the City and
Member One Federal Credit Union substantially similar to the one attached as Exhibit 2,
approved as to form by the City Attorney.
Authorize the City Manager to take such further actions and execute such documents
as may be necessary to implement and administer such performance agreement.
Darlene L. Burcham
City Manager
DLB:clw
Attachments
c: Jesse Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Elizabeth A. Neu, Director of Economic Development
CM03-00209
Gilmer Ave, NE
PERFORMANCE AGREEMENT
This Performance Agreement (Agreement) is dated ,2003, by and among the City
of Roanoke, Virginia, a municipal corporation (City), and Member One Federal Credit Union
(Member One).
WITNESSETH
WHEREAS, Member One desires to develop property which it owns at 202 4th Street and
320 Kimball Avenue, N.E., and which includes a portion of Gilmer Avenue, NE, that intersects with
4th Street, situated between Tax Map No. 3015008 and Tax Map No. 3014017, located in the City, as
further shown on the drawing attached hereto as Exhibit 1 (Property);
WHEREAS, Member One has sought to have the above portion of Gilmer Avenue vacated in
favor of Member One (Street Vacation);
WHEREAS, vacation of such portion of Gilmer Avenue will allow Member One to combine
the adjoining parcels into one contiguous site and permit further development of such Property;
WHEREAS, upon approval of the Street Vacation, Member One plans to build additional
structures on the Property, including an addition to its existing building, which will provide for a
span across part of the Street Vacation area. Such additional structures and plans are referred to
hereinafter as "Project";
WHEREAS, Member One has indicated that the Street Vacation will allow Member One to
make a significant investment in the Project and allow Member One to provide for the retention of
job positions at its current location and the addition of an anticipated 75 additional job positions in
the future;
WHEREAS, in anticipation of the Project, Member One has requested the City to provide for
the Street Vacation at no charge to Member One, provided that Member One will make an
investment in the Project as set forth in this Agreement and that Member One is willing to secure
such obligation by a letter of credit that the City may hold to guarantee Member One's performance;
and
WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning
this matter.
NOW, THEREFORE, the parties, in consideration of the promises and obligations contained
herein, mutually agree as follows:
Section 1. Value of Street Vacation.
The parties agree that the value of the vacated portion of Gilmer Avenue, NE, mentioned above is
$66,300.
C:\DOCUME- l\cms~n I .O00~LOCALS~ l\Temp\c.lot us.noles.data\Mem_ b~r_One Performance Agreement.doc
Section 2. Security for Member One's Obligation.
Member One will provide the City with a letter of credit, in a form acceptable to the City, in the
amount of $66,300.00 as security for Member One's performance of the obligations it has
undertaken in this Agreement.
Section 3. Obligations of Member One.
Member One agrees and promises to do each of the following:
A. It will start construction of the Project on or before December 1, 2005.
The Project will consist generally of the following four (4) phases:
Phase 1 - Construction of a multi-level (anticipated four story) parking deck that will
provide approximately 200 spaces.
Phase 2 - Construction of a multi-level (anticipated two story) branch building with a
drive through capability.
Phase 3 - Construction of a multi-level (anticipated four story) connector type
building with an anticipated atrium attached to Member One's existing building.
Phase 4 - Construction of a multi-level (anticipated two or three story) addition to the
structures referred to in Phases 1 and/or 3.
Member One will make an investment in the actual construction of the Project, not
including the cost of the real property, of at least a minimum of $6 million on or
before December 1, 2007.
Member One will complete constmction of the Project and have the buildings
referred to in Section 3, above, in operation and use for Member One's business on or
before December 1, 2007.
Member One will provide the City with a letter of credit in the amount of $66,300.00,
in a form acceptable to the City, in order to secure the obligations undertaken by
Member One in this Agreement and as set forth above. Member One agrees that if
Member One fails to comply with the obligations set forth in Section 3 of this
Agreement, the City may call on the letter of credit for the $66~300.00, which
represents the value of the Street Vacation referred to above. Member One further
agrees that such letter of credit will remain in full force and effect until March 1,
2008, and that if such letter of credit is a renewable letter of credit and it is not
renewed or if it is attempted to be terminated prior to that date, the City may
immediately call on such letter of credit for the full amount thereof. Such letter of
credit will be provided to the City at the time of the execution of this Agreement.
C:\DOCUME- l\cmsm 1.000XLOCALS- l \Temp\c.loms.notes.data\Mem_be~ _One Performance Agreement.doc
Section 4. Termination or Return of Letter of Credit.
The City agrees that upon Member One's full compliance with Member One's obligations contained
in this Agreement and documentation satisfactory to the City assuring such compliance, the City will
return such letter of credit to Member One or allow it to terminate on its expiration date. However,
should Member One fail to fully comply with any of Member One's obligations in this Agreement,
including the failure to maintain the letter of credit for the required period of time, the City may
immediately call on such letter of credit in its full amount to compensate the City for the Street
Vacation referred to in this Agreement.
Section 5. Requirement of Street Vacation.
A condition of this Agreement is the occurrence of the Street Vacation referred to above so that
Member One will be able to proceed with the construction of the Project. Should all of the
conditions for the Street Vacation as set forth in the ordinance adopted by City Council for the City
of Roanoke for such Street Vacation not be met within one year from the effective date of such
ordinance, the Agreement shall be terminated without any party incurring any liability of any type to
the other party. However, once such Street Vacation does occur, this Agreement shall be deemed to
continue in full force and effect.
Section 6. Reports to the City.
Member One will keep the City, through the CityDs Economic Development Director, reasonably
advised of the progress of the Project during the term of this Agreement and submit written reports to
the City upon request.
Section 7. Compliance with Laws.
Member One agrees, in undertaking and completing the Project, to comply with all applicable
federal, state and local laws, rules and regulations.
Section 8. Cooperation.
Each party agrees to cooperate with the other in executing any documents, if any, which may be
necessary to carry out the intent and purpose of this Agreement.
Section 9. Severability.
If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the
remaining terms of this Agreement, which will continue in full force and effect. The parties intend
that the remaining provisions of this Agreement be enforced to the fullest extent permitted by
applicable law.
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Section 10. Authority to Sion.
The persons who have executed this Agreement on behalf of the parties represent and warrant that
they are duly authorized to execute this Agreement in their representative capacities as indicated, and
upon such execution, this Agreement will be the binding obligation of each party, enforceable in
accordance with its terms.
Section 11. Counterpart Copies.
This Agreement may be executed in any number of counterpart copies, each of which shall be
deemed an original, but all of which together shall constitute a single instrument.
Section 12. Successors.
The terms, conditions, provisions and undertakings of this Agreement shall be binding upon and
inure to the benefit of each of the parties hereto and their respective successors and assigns.
Section 13. Nondiscrimination.
A. During the performance of this Agreement, Member One agrees as follows:
Member One will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there
is a bona fide occupational qualification reasonably necessary to the normal operation
of Member One. Member One agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
ii.
Member One in all solicitations or advertisements for employees placed by or on
behalf of Member One will state that Member One is an equal opportunity employer.
iii.
Notices, advertisements and solicitations placed in accordance with federal law, role
or regulation shall be deemed sufficient for the purpose of meeting the requirements
of this section.
Member One will include the provisions of the foregoing Section A (i, ii, and iii) in every
subcontract or purchase order of over $10,000, so that the provisions will be binding upon
each subcontractor or vendor.
C:\DOCUME~ l\cmsm 1.000~LOCALS~ l\Temp\c.lotus.notes.data\Mem_b,~r_One Performance Agreement.doc
Section 14. Assignment.
Member One agrees not to assign or transfer any part of this Agreement without the prior written
consent of the City, which will not be unreasonably withheld, and any such assignment shall not
relieve Member One from any of its obligations under this Agreement.
Section 15. Forum Selection and Choice of Law.
By virtue of entering into this Agreement, Member One agrees and submits itself to a court of
competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is
controlled by the laws of the Commonwealth of Virginia, with the exception of VirginiaDs choice of
laws provisions which shall not apply; and that all claims, disputes and other matters shall be decided
only by such court according to the laws of the Commonwealth of Virginia as aforesaid.
Section 16. Non-Waiver.
Each party agrees that any partyDs waiver or failure to enforce or require performance of any term or
condition of this Agreement or any party0s waiver of any particular breach of this Agreement by any
other party extends to that instance only. Such waiver or failure is not and shall not be a waiver of
any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement
by any party and does not bar the nondefaulting party from requiring the defaulting party to comply
with all the terms and conditions of this Agreement and does not bar the nondefaulting party from
asserting any and all rights and/or remedies it has or might have against the defaulting party under
this Agreement or at law.
Section 17. Captions and Headings.
The section captions and headings are for convenience and reference purposes and shall not affect in
any way the meaning or interpretation of this Agreement.
Section 18. Easements.
Member One promises and agrees to grant and dedicate to the City all necessary easements on
Member One's property for the construction of infrastructure improvements benefiting the Project or
surrounding areas including, but not limited to, storm drainage, sanitary sewers, and/or water, all at
no cost to the City.
Section 19. Notices
All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail,
return receipt requested or by a nationally recognized overnight courier, addressed as follows (or any
other address that the party to be notified may have designated to the sender by like notice):
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If to City, to:
City of Roanoke
City Manager
364 Municipal Building
215 Church Avenue SW
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to:
Director of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA 24011
Fax No. 540-853-1213
If to Member One, to:
Member One Federal Credit Union
Chief Executive Officer
202 4th Street
Roanoke, VA 24016
Fax No. (540)982-7534
Notice shall be deemed delivered upon the date of personal service, two days after deposit in the
United States mail, or the day after delivery to a nationally recognized overnight courier.
Section 20. Entire Agreement.
This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements
between the parties. No amendment to this Agreement shall be valid unless made in writing and
signed by the appropriate parties.
IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized
representatives.
ATTEST:
CITY OF ROANOKE
City Clerk
(SEAL)
By:
Darlene L. Burcham, City Manager
W1TNESS:
MEMBER ONE FEDERAL CREDIT UNION
By:.
Printed Name and Title
(SEAL)
Printed Name and Title
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Appropriation and Funds Required for
this Contract Certified
Director of Finance
Date Acct. #
Approved as to Form:
City Attorney
Approved as to Execution:
City Attorney
C:\DOCUME~ I\cmsm 1.000kLOCALS~ I\Temp\c.lotus,notes.dala\Mem_b~r_One Performance Agreement.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanok¢.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEII~ N. HARTMAN
Assistant City Clerk
October 27, 2003
File #51
Edward A. Natt, Attorney
Osterhoudt, Prillaman, Natt, Helscher, Yost,
Maxwell & Ferguson
P. O. Box 20487
Roanoke, Virginia 24018-8180
Dear Mr. Natt:
I am enclosing copy of Ordinance 36530-102303 rezoning a certain parcel of land totaling
0.1873 acre, more or less, located at 2719 Colonial Avenue, S. W., Official Tax No.
1260808 from RS-3, Residential Single-Family District, to C-1, Office District, as set forth
in a petition for rezoning filed in the City Clerk's Office on June 25, 2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
MFP:ew
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
Edward A. Natt, Attorney
October 27, 2003
Page 2
pc:
Michael & Christi Craighead, 2717 Colonial Avenue, S. W., Roanoke, Virginia 24015
Tony Gilbert Alexander, 2744 Thorndale Street, S. W., Roanoke, Virginia 24015
Willie A. and Onnie M. Cart, 2739 Colonial Avenue, S. W., Roanoke, Virginia 24015
Malcolm M. Rosenberg, 5322 Hunting Hill Drive, S. W., Roanoke, Virginia 24014
Carol W. Rosenberg, P. O. Box 4563, Roanoke, Virginia 24015
Tam Tran, 2742 Colonial Avenue, S. W., Roanoke, Virginia 24015
James W. and June P. Crouse, 6636 Trevilian Road, N. W., Roanoke, Virginia
24019
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Acting Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36530-102303.
AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 126, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City; and dispensing with the second reading by title of this ordinance.
WHEREAS, Malcolm M. Rosenberg, made application to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-
Family District, to C-l, Office District; and
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by {}36.1-693, Code of the City o£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 such application at its
meeting on October 23, 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. 126 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
The certain parcel of]and totalin~ 0.1873 acre, more or less, and desiL-~nated on Sheet
No. 126 of the Sectional 1976 Zone Map, City of Roanoke, known as Official Tax No.
1260808, be, and is hereby rezoned from RS-3, Residential Sing]e-Family District, to C-l,
Office District, as set forth in the Petition fi]ed in the Office of the City Clerk on June 25,
2003, and that Sheet No. 126 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.
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenne, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
October 23, 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 Malcolm M. Rosenberg, represented by Edward
A. Natt, attorney, to rezone two properties from RS-3,
Residential Single-family District, to C-1, Office District:
(a) Tax Map No. 1260808, totaling 0.1873 acre, more or
less, identified as 2719 Colonial Avenue, S.W.
(b) Tax Map No. 1260804, totaling 0.2426 acre, more or
less, identified as 2735 Colonial Avenue, S.W.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, September 18,
2003. A substitute motion to consider rezoning each parcel separately was
made by Mr. Rife, seconded by Mr. Scholz and approved 7-0. At the
conclusion of discussion, a roll call vote was taken on rezoning 2719
Colonial Avenue, S.W., Official Tax No. 1260808 from RS-3 to C-1 and the
Commission recommended Council approve the rezoning of Official Tax No.
1260808 by a vote of 4-3 (Messrs. Chrisman, Rife, Scholz and Manetta
voting in favor of the motion, Messrs. Butler, Williams and Ms. Prince voting
against the motion). A roll call vote was then taken on rezoning 2735
Colonial Avenue, S.W., Official Tax No. 1260804 from RS-3 to C-1 and the
motion to recommend the rezoning of Official Tax No. 1260804 failed by a
vote of 0-7.
Background:
The rezoning request is for two non-contiguous parcels located in the 2700 block
of Colonial Avenue, S.W. The first subject parcel is an 8,159 square-foot lot
situated at 2719 Colonial Avenue (Tax Map Number 1260808.) There is an
existing 1,334 square-foot, one-story structure on the parcel. The wood-framed
structure, with brick veneer siding, was built in 1962 and has been used by a
fraternal organization. The second subject parcel is an approximately 10,568
square-foot lot located at 2735 Colonial Avenue, S.W. (Tax Map Number
1260804.) There is an existing 924 square-foot structure on the parcel. The
vacant wood-framed structure was built in 1956 and is currently listed as a
single-family use.
Considerations:
A variety
of land uses and zoning districts surround the subject parcels:
Three tracts of vacant land zoned C-1, Office District, are situated
directly between the two subject parcels.
Along Colonial Avenue to the southwest are primarily single-family
homes zoned RS-3, Residential Single Family District.
To the northeast on the same side of Colonial Avenue and on the
opposite side of Colonial Avenue directly across from the subject
properties, properties are primarily used for commercial purposes and
are zoned C-2, General Commercial District. Specific land uses in the
area include gas stations, offices, a hair salon, and a miniwarehouse
facility.
Properties on Thorndale Street, to the northwest of the subject parcels,
are single-family homes zoned RS-2, Residential Single Family
District.
The request to rezone the two subject parcels is consistent with the following
statements and recommended actions of Vision 2001-2020, the City's
Comprehensive Plan:
Commercial Development: Revise zoning to encourage maximum use of
commercial sites. (ED ^27, p.61)
Commercial Development: Promote revitalization of underutilized
commercial sites. (ED A26, p. 61)
In June 2000, the Board of Zoning Appeals granted a continuation for a special
exception for a photography studio as a personal service home occupation for
Tax Map Number 1260804. The special exception expires in June 2005. This
property has not been used as a primary single-family residence for a number of
years.
The application of C-1, Office District, to the subject properties would provide a
greater consistency in zoning patterns along Colonial Avenue. The two subject
parcels, together with the three existing C-1, Office District, properties
sandwiched between the two subject properties, would solidify the potential for a
viable commercial/office/mixed use center and would allow for more effective
utilization of the five parcels for development. In addition, the permitted uses of
the C-1, Office District, which could include residential uses, would be compatible
with existing land uses directly adjacent to, and across, Colonial Avenue, which
include small commercial establishments as well as office uses. By solidifying
the boundary line for commercial, office, and mixed use development in this
location, the C-1, Office District would provide a transition zone buffer between
the C-2, General Commercial District to the northeast and the RS-3, Residential
Single Family District to the southwest.
Staff received no letters or phone calls in opposition to the request.
During the Planning Commission public hearing, Edward A. Natt, attorney,
presented the request on behalf of the petitioner. Nancy Snodgrass, City
Planner, presented the staff report, recommending approval of the request.
The Planning Commission opened the meeting for public comment.
Mr. Willie Carr, 2739 Colonial Avenue, S.W., adjacent to the subject
property at 2735 Colonial Avenue
o In 2000, supported granting of a special exception for 2735 Colonial
Avenue for a photography studio as a personal service home
occupation
o Initially had no problem with the current request, but has changed
mind on his support of the petition
o Concerned about the lack of a site plan and how it may affect his
property
· Mr. Lee Masten, MKB Realtors, expressed support for the petition
o Noted poor condition of the existing house at 2735 Colonial
Avenue, S.W.; needs significant renovation for habitation
o The two subject parcels are needed to add to the existing three C-1
properties to create an economically feasible, developable C-1 site
in terms of tax base
· Mr. Mike Craighead, 2717 Colonial Avenue, S.W., abutting the subject
property at 2719 Colonial Avenue, expressed concern about the request in
terms of site development
o A lot of fill is already on the property
o Could result in a severe drop behind the building with parking in the
front
o Concerned about storm drainage
o Concerned about the lack of a site plan and how it may affect his
property
Planning Commission discussion centered on the following issues:
· No problem with the C-1 uses that would be permitted if the request were
granted
· Code requirement of a ten-foot wide landscape buffer between the subject
properties and the abutting residential districts
· Concern about the lack of a site plan
0
0
o
How site development might affect surrounding residential areas
Relationship of a building and parking to the street
Topographical development issues regarding differences in
topography between the subject site, particularly Tax Map No.
1260804, and the effect on abutting property
· Recognition of non-residential structure at 2719 Colonial Avenue and the
property's being sandwiched between three existing C-1 properties and a
C-2 property which is the site of a gasoline station along the frontage of
Colonial Avenue
· Acknowledgment that the property at 2735 Colonial Avenue is subject of a
special exception for a photography studio that does not expire until 2005;
and that a significant amount of back yard has been paved; however,
concern that rezoning of this property for commercial/office use would
represent "commercial creep" into a residential neighborhood
· Desire to consider separately the rezoning request for each of the two
subject parcels
Recommendation:
A substitute motion to consider rezoning each parcel separately was made by
Mr. Rife, seconded by Mr. Scholz and approved 7-0.
By a vote of 4-3, the Planning Commission recommends approval of the
request to rezone 2719 Colonial Avenue, S.W., Official Tax No. 1260808.
By a vote of 0-7, the motion to rezone 2735 Colonial Avenue, S.W., Official
Tax No. 1260804, failed.
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
Edward A. Natt, Attorney for the Petitioner
2719 & 2735 Colonial Ave, SW
RS-3
1260219
1280202
12801
N
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of properties from RS-3, Residential Single-Family District, to C-1,
Office District:
(a) Tax Map No. 1260808, totaling 0.1873 acre, more or less, identified as
2719 Colonial Avenue, S.W.
(b) Tax Map No. 1260804, totaling 0.2426 acre, more or less, identified as
2735 Colonial Avenue, S.W.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, MALCOLM M. ROSENBERG is the contract purchaser of property
containing 0.1873 acre, more or less, in the City of Roanoke, situate at 2719 Colonial
Avenue, S.W. (Tax Map No. 1260808), and property containing 0.2426 acre, more or
less, in the City of Roanoke, situate at 2735 Colonial Avenue, S.W. (Tax Map
No. 1260804); both of said tracts being currently zoned RS-3, Residential Single-Family
District. Maps of the properties to be rezoned are attached as Exhibit I-A and
Exhibit 1-B.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioner requests that said properties containing 0.1873 acre, more or less, and
containing 0.2426 acre, more or less, be rezoned from RS-3, Residential Single-Family
District, to C-1, Office District, for the purpose of combining the parcels with additional
properties so as to provide a larger tract for development purposes.
The Petitioner believes the rezoning of said tract of land will further the intent and
purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that it will enable
F:\USERS\CBaurngardner~.ONING~Rosenberg PET TO RE?ONE.doc
June 24, 2003
a parcel of land located on Colonial Avenue, S.W. to be used for commercial purposes as
other properties in the area are so utilized.
Attached as Exhibit 2-A and Exhibit 2-B are concept plans that show the existing
buildings and drives of the subject properties requested to be rezoned.
Attached as Exhibit 3 are the names, addresses and tax numbers of the owners
of all lots or property immediately adjacent to and immediately across a street or road
from the properties to be rezoned.
WHEREFORE, the Petitioner requests that the above-described properties be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfully submitted this 3, ~ day of ~' ,-,,., ~- ,2003.
Edward A. Natt, Esq.
OSTERHOUDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL & FERGUSON, P.L.C.
P. O. Box 20487
Roanoke, VA 24018-0049
Phone: (540) 725-8180
Fax: (540) 772-0126
VSB #1104
F:\USERS\CBaumgardner~ZONING\Rosenberg PET TO REZONE.doc 2
June 24, 2003
05/2.4/03 13:25 FAX 340 774 63~
City of Roanoke - GIS
Property Information Card for:. TR$ BLUE RIDGE POST #484 VETERANS
2719 COLONIAL AVE SW
ROANOKE VA 240t5
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OWNER/LEGAL INFORMATION
Ta~ N um'oer
1260808
2719 COLONIAL AY SW
LOT 8 BLK § SECT 3 GAYMONT
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City o£Roanoke - GIS
Pmper[y InformaUon Card for: SOWERS SUMMER D
2735 COLONIAL AV SW
ROANOKE VA 24015
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EXHIBIT
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BUll. DING PERMITS
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1260804
2735 COLONIAL AV SW
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EXHIBIT
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13:Z6 FA~ 540 774
EXHIBIT
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2?35
COLOA/IAL
ADJOINING PROPERTY OWNER LISTING
Tax Map No.: 1260808 and 1260804
Applicant:: Malcolm M. Rosenberg
Owner: Trustees Blue Ridge Post ~-484 Veterans (1260808)
Summer D. Sowers (1260804)
Contract Purchaser: Malcolm M. Rosenberg
ADJOINING PROPERTY OWNERS
This list as follows are those property owners who own property beside, behind or across
the street from the subject property noted above:
Official Tax Number /
Property Address
1260313
2717 Colonial Avenue, S.W.
1260704
2744 Thorndale Street, S.W.
1260803
2739 Colonial Avenue, S.W.
1260805
Colonial Avenue, S.W.
1260807
Colonial Avenue, S.W.
1280304
2728 Colonial Avenue, S.W.
CITY OF ROANOKE
Owner's Name
and Mailinq Address
Michael & Christi Craighead
2717 Colonial Avenue, S.W.
Roanoke, VA 24015
Tony Gilbert Alexander
2744 Thorndale Street, S.W.
Roanoke, VA 24015
Willie A. & Onnie M. Carr
2739 Colonial Avenue, S.W.
Roanoke, VA 24015
Malcolm M. Rosenberg
5322 Hunting Hill Drive, S.W.
Malcolm M. Rosenberg
5322 Hunting Hills Drive, S.W.
Roanoke, VA 24014
Carol W. Rosenbe~
P.O. Box4563
Roanoke, VA 24015
~JOLLY\SYS\USERS\CBaumgardner~ZONING\Rosenbe~ APO.doc Page I ~ 2
June 24, 2003
Official Tax Number /
Properly Address
CITY OF ROANOKE
Owner's Name
and Mailinq Address
1280315
2742 Colonial Avenue, S.W;
1280316
2738 Colonial Avenue, S.W.
1280318
2716 Colonial Avenue, S.W.
Tam Tran
2742 Colonial Avenue, S.W.
Roanoke, VA 24015
James W. & June P. Crouse
6636 Trevilian Road, N.W.
Roanoke, VA 24019
Carol W. Rosenberg
P. O. Box 4563
Roanoke, VA 24015
\\JOLLY\SYS\USERS\CBaumgardner~ONiNG~Rosenberg APO.doc Page 2 of 2
June 24, 2003
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) g53-2541
F~x: (540) 853-1145
E-mail: ¢lcrk~ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
October 8, 2003
File #51
Edward A. Natt, Attorney
Osterhoudt, Prillaman, Natt, Helscher, Yost,
Maxwell & Ferguson
P. O. Box 20487
Roanoke, Virginia 24018-8180
Dear Mr. Natt:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Thursday,
October 23, 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 Malcolm M. Rosenberg that properties located
at 2735 Colonial Avenue, S. W., Official Tax No. 1260804; and 2719 Colonial Avenue,
S. W., Official Tax No. 1260808, be rezoned from RS-3, Residential Single-Family District,
to C-1, Office District.
For your information, I am enclosing copy of a report of the City Planning Commission and
a notice of the public hearing. 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.
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letter.wpd
Edward A. Natt
October 8, 2003
Page 2
It will be necessary for you, or your representative, to be present at the October 23
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:ew
//~~ ¢'Sincerely' ~
Mary F. Parker, CMC
City Clerk
Enclosure
N:\CKEWl\public hearings 03~oct 23 03\oct 23 att letter.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
October 8, 2003
File #51
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Cily Clerk
Mr. Tony G. Alexander
Ms. Tam Tran
Louise D. Larch Life Estate
Ms. Carol W. Rosenberg
Mr. and Mrs. Willie Carr
Mr. and Mrs. James Crouse
Mr. and Mrs. Michael Craighead
Tom Hanes, President, Greater
Raleigh Court Civic League
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Thursday,
October 23, 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 Malcolm M. Rosenberg that properties located
at 2719 Colonial Avenue, S. W., Official Tax No. 1260808; and 2735 Colonial Avenue,
S. W., Official Tax No. 1260804, be rezoned from RS-3, Residential Single-Family District,
to C-1, Office District.
The City Planning Commission is recommending that Council approve the request to
rezone 2719 Colonial Avenue; and the request to rezone 2735 Colonial Avenue failed by
a majority vote of the City Planning Commission. 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.
N:\CKEWl\publJc hearings 03\oct 23 03\oct 23 att letter.wpd
Interested Property Owner and/or
Adjoining Property Owner
October 8, 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.
Sincerely,
MFP:ew
Mary F. Parker, CMC
City Clerk
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letter.wpd
~he Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + ........ _ '-L~-i ~L-_-_ . ~'~ .
NATT, EDWARD A., ATTY.
3912 ELECTRIC RD.
OSTERHOUDT, PRILLAMA
ROANOKE VA 24018
REFERENCE: 80068694
02228792
1260804/1260808
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
----!5 day of October 2003. Witness my hand and
of~ic~ seal.
~~- .~--_~a___~_ ~Q,tary Public
~y c ommi s s ion ex~i re s __~/_~.__~_~___ .
PUBLISHED ON: 10/10
TOTAL COST: 124.20
FILED ON: 10/17/03
NO11CE OF FIIEJC HEARIKG ~
Authorized / n .A ~ ~
S ignature:--/~--~------~--~Et--~ .... Billing Services Represent ative
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
..................................
NATT, EDWARD A., ATTY.
3912 ELECTRIC RD.
OSTERHOUDT, PRILLAMA
ROANOKE VA 24018
REFERENCE: 80068694
02225552
1260804/1260808
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__~minia. Sworn and subscribed before me this
_~_~_~_ _day of October 2003. Witness my hand and
official seal.
~__~~_ _~_ ~ Notary ~ublic
y ommission expi~ __~_~_~_~_~ ..... .
PUBLISHED ON: 10/03
TOTAL COST:
FILED ON:
115.00
10/08/03
llOTIC~ OF PUBLIC IEAmNG i
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
October 23, 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-1, Office District, the following property:
Those certain parcels of land located at 2735 Colonial Avenue, S.W.,
identified as Official Tax No. 1260804, and at 2719 Colonial Avenue, S. W.,
identified as Official Tax No. 1260808, both parcels designated on Sheet No.
126 of the Sectional 1976 Zone Map, City of Roanoke.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, October 16, 2003.
GIVEN under my hand this 6th day of October ,2003.
Mary F. Parker, City Clerk.
N-Rezo-Rosenberg102303
Notice to Publisher:
Publish in the Roanoke Times once on Friday, October 3, 2003, and once on Friday, October 10, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Edward A. Natt, Esq.
Osterhoudt, Prillaman, Natt, Helscher, Yost,
Maxwell & Ferguson, P.L.C.
P. O. Box 20487
Roanoke, Va. 24018-8180
(540) 725-8180
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
October 23, 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-1, Office District, the following property:
Those certain parcels of land identified as Official Tax Nos. 1260804 and
1260808, both parcels designated on Sheet No. 126 of the Sectional 1976 Zone
Map, City of Roanoke.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by Thursday, October 16, 2003.
GIVEN under my hand this 1st day of October ,2003.
Mary F. Parker, City Clerk.
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Malcolm M. Rosenberg at 2719 and 2735 Colonial Avenue, S.W. )
Tax Nos. 1260808 and 1260804, from RS-3 to C-1 )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
22nd day of August, 2003, notices of a public hearing to be held on the 18th day of
September, 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
1260704 Tony G. Alexander
1260803
1260805
1260806
1260807
Willie and Onnie Carr
Petitioner
1280315 Tam Tmn
1280316
1280325
1260313
1260304
1260318
Mailinq Address
2744 Thorndale St., SW
Roanoke, VA 24015
2739 Colonial Ave., SW
Roanoke, VA 24015
2742 Colonial Ave., SW
Roanoke, VA 24015
James and June Cmuse
6636 Trevilian Road, NW
Roanoke, VA 24019
Louise D. Larch, Life Estate
3747 Winding Way Road
Roanoke, VA 24015
Michael and Christine Craighead
2717 Colonial Ave., SW
Roanoke, VA 24015
Carol W. Rosenberg P O Box 4563
Roanoke, VA 24015
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 22ndt day of August, 2003.
Notary Public/
My Commission Expires: ,~,~-.~ - ,~O(:D "7
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Malcolm M. Rosenberg at 2719 and 2735 Colonial Avenue, S.W. )
Tax Nos. 1260808 and 1260804, from RS-3 to C-1 )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
21st day of July, 2003, notices of a public hearing to be held on the 21st day of August,
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
1260704 Tony G. Alexander
1260803 Willie and Onnie Carr
1260805 Petitioner
1260806
1260807
1280315 Tam T~n
1280316 James and June Crouse
1280325 Louise D. Larch, Life Estate
1260313 Michael and Christine Craighead
1260304
1260318
Carol W. Rosenberg
Mailin,q Address
2744 Thorndale St., SW
Roanoke, VA 24015
2739 Colonial Ave., SW
Roanoke, VA 24015
2742 Colonial Ave., SW
Roanoke, VA 24015
6636 Trevilian Road, NW
Roanoke, VA 24019
3747 Winding Way Road
Roanoke, VA 24015
2717 Colonial Ave., SW
Roanoke, VA 24015
P O Box 4563
Roanoke, VA 24015
Also Sent to: Tom Hanes, President, Greater Raleigh Court Civic League
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 21st day of July, 2003.
My Commission Expires:
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, August 21, 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., to consider the following:
Request from Malcolm M. Rosenberg, represented by Edward A. Natt, attorney,
that properties located at 2719 Colonial Avenue, S .W., identified as Official Tax
No. 1260808, and 2735 Colonial Avenue, S.W., identified as Official Tax No.
1260804, be rezoned from RS-3, Residential Single Family District, to C-1, Office
District.
A copy of the application is available for review in the Department of Planning
Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard
on the matter. If you are a person who needs accommodations for this hearing, please
contact the Department of Planning Building and Development at 853-1730 before
12:00 noon on the Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, August 5 and 12, 2003
Please charge to
Edward A. Natt, Esq.
Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC
P O Box 20487, Roanoke, VA 24018-0049, (540) 725-8180
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
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk(~ ¢i.r oanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
June 26, 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 June 25, 2003, from
Edward A. Natt, Attorney, representing Malcolm M. Rosenberg, requesting that property
located at 2719 Colonial Avenue, S. W., Official Tax No. 1260808, consisting of 0.1873
acre, and 2735 Colonial Avenue, S. W., Official Tax No. 1260804, consisting of 0.2426
acre, 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 ~Rezomngs - Street. Alley Closings.03LMalcolm. Rezoning.wpd
Robert B. Marietta
June 26,2003
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell, and
Ferguson, P.L.C., P. O. Box 20467, Roanoke, Virginia 24018-0049
Willard N. Claytor, Director, Real Estate Valuation
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
N:~CKMH 1 ~Rezonings - Street. Alley Closings.03~lalcolm. Rezoning.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: ¢lcrk~¢i.roanok¢.va. us
October 27, 2003
File #514
STEPHANIE M. MOON
[kpaty City Cl~k
SHEILA N. HARTMAN
Assistant City Clerk
Raphael E. Ferris, President
22 Luck Avenue, Inc.
22 Luck Avenue, S. W.
Roanoke, Virginia 24011
Dear Mr. Ferris:
I am enclosing three copies of Ordinance 36531-102303 permanently vacating,
discontinuing and closing a portion of a certain alley lying between 16 and 22 Luck Avenue,
S. W., and more specifically between parcels identified as Official Tax Nos. 1012707 and
1012706.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003, and is in full force and
effect upon its passage.
Sincerely,
City Clerk
MFP:ew
Enclosure
Raphael E. Ferris
October 27, 2003
Page 2
pc:
The Honorable David C. Anderson, City Treasurer
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Acting Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
Iqo. 36531-102303.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and
dispensing with the second reading of this ordinance by title.
WHEREAS, 22 Luck Ave., Inc., filed an application to the Council of the City of
Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate,
discontinue and close the public right-of-way described hereinafter; and
WHEREAS, the City Planning Cormmssion, after giving proper notice to all
concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after
having conducted a public hearing on the matter, has made its recommendation to Council;
and
WHEREAS, a public hearing was held on such application by the City Council on
October 23, 2003, after due and timely notice thereof as required by {}30-14, Code of the City
of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were
afforded an opportunity to be heard on such application; and
WHEREAS, it appearing from the foregoing that the land proprietors affected by the
requested closing of the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that no inconvenience
will result to any individual or to the public from permanently vacating, discontinuing and
closing such public fight-of-way.
THEREFORE, BE IT ORDAiNED by the Council of the City of Roanoke, Virginia,
that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly
descfibed as follows:
That portion of an alley located between 16 and 22 Luck Avenue, S.W., and
more specifically between parcels bearing Official Tax Nos. 1012707 and
1012706
be, and is hereby permanently vacated, discontinued and closed, and that all fight and interest
of the public in and to the same be, and hereby is, re]eased insofar as the Council of the City
of Roanoke is empowered so to do with respect to the closed portion of the right-of-way,
reserving however, to the City of Roanoke and any utility company, including, specifically,
without limitation, providers to or for the public of cable television, electricity, natural gas or
telephone service, an easement for sewer and water mains, television cable, electric wires,
gas lines, telephone lines, and related facilities that may now be located in or across such
public right-of-way, together with the right of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such fight to include the fight lo remove,
without the payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such work is undertaken;
such easement or easements to terminate upon the later abandonment of use or permanent
removal from the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for
the City of Roanoke, a subdivision plat, with such plat combining all properties which would
otherwise be landlocked by the requested closure, or otherwise disposing of the land within
the fight-of-way to be vacated in a manner consistent with law, and retaining appropfiate
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 fight-of-way.
BE IT FURTHER ORDAINED that prior to receiving all required approvals of the
subdivision plat referenced in the previous paragraph, the applicant shall give to the
Treasurer for the City of Roanoke a certified check or cash in the amount of Two thousand
one hundred dollars and no cents ($2,100.00) as consideration for this action taken by City
Council.
BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other
conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the
City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are
recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke,
Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in
interest who may so request, as Grantees, and pay such fees and charges as are required by
the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that if the above conditions have not been met within
a period of twelve (12) months from the date of the adoption of this ordinance, then such
ordinance shall be null and void with no further action by City Council being necessary.
BE IT FINALLY ORDAINED that pursuant to the provisions of {}12 of the City
Charter, the second reading of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
ACCEPTED and EXECUTED by the undersigned this
,20
ATTEST:
Its
22 Luck Ave., Inc.
day of
By (Seal)
Its President
H:/ORDrNANCES/O-STCLOS-LUCKAVE 102303 DOC
4
COMMONWEALTH OF VIRGINIA
§ To-Wit:
this
Inc.
The foregoing instrument was acknowledged before me in my jurisdiction aforesaid
__ day of ., 2003, by Raphael E. Ferris, President, 22 Luck Ave.,
My Commission expires:
Notary Public
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
October 23, 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 22 Luck Ave., Inc., represented by Raphael E.
Ferris, President, that an alley located between 16 and 22
Luck Avenue, S.W., and more specifically between parcels
bearing Official Tax Nos. 1012707 and 1012706, be
permanently vacated, discontinued and closed.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, September
18, 2003. By a vote of 7-0, the Commission recommended City Council approve
the requested closure, and that the petitioner be charged a price of $2,100.00.
Background:
The petitioner requests closure of a portion of alley that is the remnant of a
10-foot wide north-to-south alley that originally extended to Luck Avenue. In
1994 the petitioner obtained through vacation all but this remaining portion of the
alley. City Council required this remaining portion to be left open for use as a
turnaround for solid waste management vehicles serving this block. The
petitioner owns both adjoining parcels.
Mr. Rife asked the Petitioner to explain why the subject portion of alley
wasn't closed when the alley it was adjoined to was. The Petitioner explained
that Solid Waste Management needed the portion of alley to turn its trucks
around in. Staff explained that at the time the portion of alley was needed by
Solid Waste Management because trash pick-up was done in the alley, but that
now such pick-ups are done on the street and the alley isn't needed.
Considerations:
The adjoining properties are both zoned C-3, Central Business District, as
are all properties in the immediate vicinity. The petitioner's law offices are
located on Official Tax Map Number 1012706. Official Tax Map Number
1012707 is the site of the petitioner's parking Iot. Several offices, parking lots
and other various commercial establishments lie in the block of the subject alley.
Staff received comments from AEP, Roanoke Gas, and Verizon, all of
which stated they have no facilities in the alley and no opposition to the request.
Staff received comments from the Water Division of the Department of Public
Works, who stated no sewer or water facilities are associated with the alley.
Staff also received comments from the Traffic Engineer who did not object to the
request. Staff received comments from the Manager of Solid Waste
Management who advised that the alley is no longer needed for any service
delivery.
The Department of Real Estate Valuation assessed the value of the
subject alley at $11 per square foot.
Staff did not receive any other comments in support of or in opposition to
the requested closure.
Vacation of the subject alley would allow the petitioner to align the fencing
that currently borders the subject alley, with the alley it adjoins. This would result
in the petitioner gaining one parking spot within their fenced parking lot. At
present the alley is used as a parking space, while not obstructing the east-to-
west alley to which it is perpendicular.
Recommendation:
The Planning Commission recommends that City Council approve the
petitioner's request, subject to the conditions listed below and that the petitioner
be charged a price of $2,100 for the alley, to which the petitioner has agreed.
The applicant shall submit a subdivision plat to the Agent for the
Planning Commission, receive all required approvals of, and
record the plat with the Clerk of the Circuit Court for the City of
Roanoke. Said plat shall combine Official Tax Map Numbers
1012706 and 1012707 and the right of way to be vacated in a
manner consistent with law, and retain appropriate easements
for the installation and maintenance of any and all existing
B=
D=
utilities that may be located within the right-of-way, including the
right of ingress and egress.
Upon meeting all other conditions to the granting of the
application, the applicant shall deliver a certified copy of this
ordinance for recordation to the Clerk of the Circuit Court of
Roanoke, Virginia, indexing the same in the name of the City of
Roanoke, Virginia, as Grantor, and in the name of the petitioner,
and the names of any other parties in interest who may so
request, as Grantees. The applicant shall pay such fees and
charges as are required by the Clerk to effect such recordation.
Upon recording a certified copy of this ordinance with the Clerk
of the Circuit Court of the City of Roanoke, Virginia, the
applicant shall file with the Engineer for the City of Roanoke,
Virginia, the Clerk's receipt, demonstrating that such recordation
has occurred.
If the above conditions have not been met within a period of one
year from the date of adoption of this ordinance, then said
ordinance shall be null and void with no further action by City
Council being necessary.
Respectfully submitted,
Robert B. Manetta, Chairman
City Planning Commission
attachments
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
Steven J. Talevi, Assistant City Attorney
Petitioner
Luck Ave, SW
__ 1012308_
1012309 1012314
1012701 __
10~2702
~ Property '~'
1012710 10127' 110127 2 1'~01271,. 101~1 ' - ~
i 1012720 1012721 ~'
L
FRANKLIN RF) RW _~ ~
I013301 1013304 1013305 1013306 1013307 10133( 8 40' 6001
:.RRIS, EAKIN 85
THOMAS, P.C.
ROANOi~E, VIRGINIA
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Application of 22 LUCK AVE., INC., )
for vacation of alley located )
between 16 Luck Avenue, SW, and )
22 Luck Avenue, SW, Roanoke City, )
Virginia )
APPLICATION FOR
VACATING, DISCONTINUING AND
CLOSING OF ALLEY
MEMBERS OF COUNCIL:
22 Luck Ave., Inc., applies to have the alley located between 16 Luck Avenue, SW (Tax
Map Number 1012707) and 22 Luck Avenue, SW (Tax Map Number 1012706) in the City of
Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code
Section 15.2-2006 and Section 30-14, Code of the City of Roanoke (1979), as amended. The
alley is shown on the attached map, and is more particularly described as follows:
A ten (10) foot wide north-to-south alley, located between properties
identified on the above referenced map as New Lot 7A (Tax Map Number
1012706) and New Lot 8A (Tax Map Number 1012707), being 18.99 feet in
length on the east side, and 19.94 feet on the west side, and bounded by
Corners designated 2, 3, 4 & 5 on said map.
22 LUCK AVE., 1NC., states that the grounds for this application are as follows:
1. 22 LUCK AVE., INC., owns all of the property adjoining the property to be
vacated.
2. The property to be vacated is the remaining 20 feet ora 10 foot wide north-to-
south alley. In 1994, approximately 57.7 feet of the 10-foot wide alley was vacated by the City of
Roanoke (Ordinance Number 31441-051793), it being the City's intention to preserve an area
sufficient for a turnaround within the east-west alley system. The property is too small for a
turnaround and has not been in use for that purpose. The area is so small that turning around any
ERRlS, EAKIN &
THOMAS, P.C.
vehicle larger than a small car would be impossible. Instead, the property is used by individuals
for unauthorized parking and is conducive to acts of vandalism, such as the breaking of windows,
graffiti, and the disposal of(broken) beer and wine bottles, as well as human waste. (Photograph
attached.)
3. The applicant desires to have the property vacated for security and aesthetic
purposes. The applicant will install a suitable barricade, fence or gate, at the rear of the alley.
WHEREFORE, 22 LUCK AVE., INC., respectfully requests that the alley be vacated by
the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2-
2006 and Section 30-14, Code of the City of Roanoke (1979), as amended.
Respectfully submitted,
22 LUCK AVE., 1NC.
Ral~hael E. Ferris, President
22 Luck Avenue, SW
Roanoke, Virginia 24011
Phone: (540) 344-3233
LUCK A VENUE, S.W.
25' R/W
55.0
45. 00'
215.00' TO P.I. @
JEFFERSON STREET
I~2 LUCK At'E'NUF--,
LOT 7A
TAX ~I01270~
PROPERTY OF
22 LUCK AVENUE, INC.
D.B. 1669, PG. 525,
(ll.B, I, PG. 1302,)
LOT 8A
TAX l~1012707
PROPERTY OF
22 LUCK AVENUE, INC,
D.B. 1715, PG. II46
(M.B. 1, PG. 1302)
TO BE VACAIED
ALLEY
PLA T SHOJt,1NG
REMAINING PORTION OF A
ALLEY
TO BE VACATED
ADJACENT TO LOTS 7A & 8A (M.B. 1, PG. 1302,)
ROANOKE CITY OFFICIAL SURVEY S.W.. 2
THE PURPOSE OF THIS PLAT IS TO VACATE THE REMAINING PORTION PROPERTY OF
COTES:
OF ,4 10' ALLEY AND IS NOT A CURRENT SURVEY.
!. SEE ORDINANCE //J1441-05179,:7, DATED MAY 17, 1993 FOR
VACATION OF ALLEY FROM CORNER I TO LUCK AVENUE,
APRIL 25, 2003
DOMM. NO.:
2003-126
2.2 LUCK AVENUE, INC.
ROANOKE, VIRGINIA
F=\2003\03126\SUR\126VAC,DWG
LUMSDEN ASSOCIATES, P.C.
ENGINEERS-SURVEYORS-PLANNERS
ROANOKE,¥1R61NIA
4664 BRAMBLETON AVENUE
P.O. 8OX 20669
ROANOKE, VIRGINIA 24018
PHONE: (540) 774-4411
FAX: (540} 772-9445
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: ¢lerk(~ci.roanok¢.va_us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTI~N
Assistant City Clerk
October 8, 2003
File #514
Raphael E. Ferris, President
22 Luck Avenue, Inc.
22 Luck Avenue, S.W.
Roanoke, Virginia 24011
Dear Mr. Ferris:
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 Thursday,
October 23, 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 22 Luck Avenue, Inc., that a certain portion of
an alley lying between 16 and 22 Luck Avenue, S. W., and more specifically between
parcels identified as Official Nos. 1012707 and 1012706, be permanently vacated,
discontinued and closed.
For your information, I am enclosing copy of a report of the City Planning Commission and
a notice of the public hearing. 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.
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letter.wpd
Raphael E. Ferris
October 8, 2003
Page 2
It will be necessary for you, or your representative, to be present at the October 23
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
MFP:ew
Mary F. Parker, CMC
City Clerk
Enclosure
N:\CKEWl\public hearings 03\oct 23 03\oct 23 att letter.wpd
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
............................................................
22 LUCK AVE, INC.
22 LUCK AVENUE, SW
ATTN: RAPHAEL FERRIS
ROANOKE VA 24011
REFERENCE: 80107257
02225597
22 Luck Avenue
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
___L~___day of October 2003. Witness my hand and
official seal.
.
y mmiss~ ~r~e~--~_~___~ .... .
PUBLISHED ON: 10/03 10/10
TOTAL COST:
FILED ON:
230.00
10/17/03
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Thursday,
October 23, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on
an application to permanently abandon, vacate, discontinue and close, to the extent the City
has any legal interest in such public tight-of-way, the following public right-of~way:
That portion of an alley lying between 16 and 22 Luck Avenue, S.W., and
more specifically between parcels beating Official Tax Nos. 1012707 and
1012706.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. All parties in interest may appear on
the above date and be heard on the question.
If you are a person with a disability who needs accommodations for this public
hearing, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, October 16,
2003.
GIVEN under myhand this 1st day of October ,2003.
Mary F. Parker, City Clerk.
H:LNOTICES/N.ST CLOS 22LUCKAVEi02303 DOCDensmoreRl~81803
Notice to Publisher:
Publish in the Roanoke Times once on Friday, October 3, 2003, and once on Friday, October 10, 2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Send bill to:
Raphael E. Fen-is, President
22 Luck Avenue, S.W.
Roanoke, Va. 24011
(540) 344-3233
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
F~x: (540) 853-1145
E-mail: clerk(~ci.roanoke.va.us
August 8, 2003
File #514
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 30~14, Procedure for altering or vacating City streets or alleys; fees
therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of
an application received in the City Clerk's Office on August 7, 2003, from 22 Luck Avenue,
Inc., requesting that a ten foot wide alley, located between properties identified as Official
Tax Nos. 1012706 and 1012707, being 18.99 feet on the east side and 19.94 feet on the
west side, be permanently vacated, discontinued and closed.
Sincerely,
City Clerk
MFP:mh
Enclosures
H:\Rezonings -Street. AIIey Closings.03\22 Luck Avenue, lnc.alley closing
Robe~ B. Manetta
August8,2003
Page 2
pc;
The Honorable Mayor and Members of the Roanoke City Council
Raphael E. Ferris, President, 22 Luck Avenue, Inc., 22 Luck Avenue, S. W.,
Roanoke, Virginia 24011
Darlene L. Burcham, City Manager
Susan S. Lower, Acting Director, Real Estate Valuation
Martha P. Franklin, Secretary, City Planning Commission
Philip C. Schirmer, City Engineer
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
H:~Rezonings - Street. Alley Closings.03\22 Luck Avenue, lnc.alley closing
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
October 27, 2003
File #28-67-458
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36532-102303 authorizing conveyance of a ten-foot
by ten-foot easement, on City-owned property known as Jackson Park, identified as Official
Tax No. 4130501, to Roanoke Gas Company, to relocate a five foot high relief valve from
the northern side of Morningside Street, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 23, 2003
Page 2
pc:
Jesse A. Hall, Director of Finance
Steven C. Buschor, Director, Parks and Recreation
Gary S. Hegner, Superintendent of Parks and Grounds
Philip C. Schirmer, City Engineer
Sarah E. Fitton, Engineering Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36532-102303.
AN ORDINANCE authorizing the donation and conveyance of a ten-foot by ten-foot
easement, on City-owned property known as Jackson Park, identified by Official Tax No.
4130501, to Roanoke Gas Company, to relocate a five foot high relief valve from the northern side
of Morningside Street, upon certain terms and conditions; and dispensing with the second reading
by title of this ordinance.
WHEREAS, a public hearing was held on October 23, 2003, pursuant to §§15.2-1800(B)
and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and
citizens were afforded an opportunity.to be heard on such conveyance.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized to execute and attest,
respectively, in form approved by the City Attorney, the necessary documents donating and
conveying a ten-foot by ten-foot easement, on City-owned property known as Jackson Park,
identified as Official Tax No. 4130501, to Roanoke Gas Company for the relocation ora five foot
high relief valve from the northern side of Morningside Street, upon certain terms and conditions,
as more particularly set forth in the October 23, 2003, letter of the City Manager to this Council.
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.
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
October 23, 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, CouncJl Member
Dear Mayor Smith and Members of City Council:
Subject: Request of Roanoke Gas Company for
Easement on City-owned Property - Jackson
Park - TM# 4130501
Roanoke Gas Company has requested a ten-foot by ten-foot easement on City-owned property located in
Jackson Park, SE, in order to relocate an eight-foot high relief valve from the northern side of MorningsJde
Street. The valve will be set on a concrete pad to eliminate the need for mowing around the valve, and is
acceptable to Parks and Recreation. The easement area would be approximately 100 s.f. See Attachment
#1.
Recommended Action(s):
Following a public hearing, authorize the City Manager to execute the appropriate document granting the
easement as described above to Roanoke Gas Company, such document to be approved as to form by the
City Attorney.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB/SEF
Attachment(s)
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Gary S. Hegner, Superintendent of Parks & Grounds
Sarah E. Fitton, Engineering Coordinator
#CM03-00204
Attachment #1
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
02231829
Jackson Park
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 October 2003. Witness my hand and
official seal.
~~~ .... ~__~No~ry Public
Y lesion, expires _~___~____~_~__.
Taylor Mufl~lpal
/ *,'arum tm~e c~t~mm of the C#y
~UBLISHED O}T: 10/13 -- -- --
TOTAL COST: 133.40
FILED ON: 10/15/03
.................................................. + ...........................
Authorized ~-~l__~~
Signature:_ --__,
Billing Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The City of Roanoke proposes to grant a ten-foot by ten-foot easement, on property
known as Jackson Park, identified as Official Tax No. 4130501, to Roanoke Gas Company to
relocate a high relief valve from the northern side of Morningside Street.
Pursuant to the requirements of{}{} 15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a
public hearing on the above matter at its regular meeting on Thursday, October 23, 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. Further information in the form of a letter to City Council dated October 23, 2003 is
available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541.
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,
October 16, 2003.
GIVEN under my hand this __ day of
,2003.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Monday, October 13, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
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
October 27, 2003
File #51~107
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36533-102303 authorizing the City Manager to enter
into a lease with Sandra Rouse Reedy, for 7.05 acres of City-owned property located along
Back Creek in Roanoke County, for agricultural purposes, upon certain terms and
conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
October 27, 2003
Page 2
pc:
Jesse A. Hall, Director of Finance
Dana Long, Manager, Billings and Collections
Barry L. Key, Director of Management and Budget
Michael T. McEvoy, Director of Utilities
Elizabeth A. Neu, Director, Economic Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36533-102303.
AN ORDINANCE authorizing the City Manager to enter into a lease with Sandra
Rouse Reedy, for the lease of 7.05 acres of City-owned property located along Back Creek
in Roanoke County, upon certain terms and conditions; and dispensing with the second
reading by lille of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, a lease with Sandra Rouse Reedy, for
the lease of 7.05 acres of City-owned properly located along Back Creek in Roanoke County,
commencing November 1, 2003, such ]ease being for an initial term of one year, with an
option to renew for four (4) additional one (1) year terms, and upon the terms and conditions
as more particularly set forth in the City Manager's letter dated October 23, 2003, and the
attached lease, to this Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
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
October 23, 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: Lease of City Owned Property in
Roanoke County
Background:
Several properties along Back Creek in Roanoke County were acquired in the late 1970's
to enable the future development of a reservoir. There are no longer plans to develop the
reservoir and the property is currently vacant. An adjacent property owner to one of the
parcels containing 12.17 acres (identified by Roanoke County Tax No. 089.00-03-36.00-
0000) has requested an agricultural lease for a portion of this parcel containing
approximately 7.05 acres to provide pasture for horses. See Exhibit A of Attachment 1.
Considerations;
'Currently, a portion of the 12.17 acre parcel is being used by the department of Parks and
Recreation as a tree farm. The 7.05 acres under consideration is not suitable for future
expansion of the tree farm. Leasing this portion of the parcel will eliminate the need for City
staff to provide maintenance. Also, the Lessee has agreed to make improvements to an
existing road that is used to access the city's tree farm and will provide the necessary
fencing to secure the pastureland and the tree farm. The proposed lease rate will be one
hundred dollars ($100) per year. In addition to being required to erect the necessary
fencing, the Lessee will be responsible for maintaining the fencing and removing any
fencing at our request upon termination of the lease, and assume all liability for damage to
and by their actions or actions of their livestock, machinery, equipment, employees, and
guests. Liability insurance will be provided by Lessee as specified in Attachment 2.
Recommended Action(s):
Following a public hearing, authorize the City Manager to execute the appropriate
documents, approved as to form by the City Attorney, to lease the above City-owned
property for a one-year term, with four one-year renewal options and a 60-day mutual
termination provision.
Respectfully submitted,
City Manager
DLB:slm
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Michael T. McEvoy, Director of Utilities
Dana Long, Manager of Billings and Collections
Scott L. Motley, Economic Development Specialist
CM03-00205
LEASE AGREEMENT
THIS LEASE AGREEMENT, made as of this __ day of ,2003, by and
between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and
existing under the laws of the Commonwealth of Virginia ("Lessor"), and SANDRA ROUSE
REEDY ("Lessee"),
WITNESSETH:
Lessor and Lessee, for and in consideration of mutual covenants contained in this Lease
Agreement, do hereby covenant and agree as follows:
1. Leased Premises - Lessor hereby leases to Lessee, subject to the terms and
conditions contained herein, and Lessee hereby accepts from the Lessor, as tenant,
approximately 7.05 acres of City-owned property located along Back Creek in Roanoke County,
bearing Roanoke County Tax No. 089.00-03-36.00-0000, as more particularly shown on a map
showing the property, attached hereto as "Exhibit A" and made a part hereof (hereinafter referred
to as the "Leased Premises").
2. Condition of the Leased Premises - Lessee has inspected the Leased Premises and
acknowledges that the Leased Premises are suitable for the purpose intended by the Lessee and
the Leased Premises are being made available "as is", and accepted in their present condition.
3. Alterations - There shall be no major alterations of the Leased Premises, without
Lessor's prior written consent.
4. Permitted Use and Maintenance - The Leased Premises shall be used for
providing pasture for horses, and activities ancillary thereto and for no other purpose. Lessee
agrees to erect and maintain fencing as necessary, and will remove the fencing at Lessor's
request upon termination of the Lease. Lessee shall maintain all fencing. Lessee shall assume
all liability for damage to Lessee's person, livestock, machinery, equipment, agents, employees,
guests, invitees, and contractors. Lessee shall assume all liability for damage by its actions or
actions of its livestock, machinery, equipment, agents, employees, guests, invitees and
contractors. Lessee agrees to completely fence the Promises prior to placing any horses on the
Premises. Lessee further agrees to allow Lessor use of the existing roadbed to allow Lessor
access to the tree farm located next to the Leased Premises. Lessor further agrees to install a
gate at the entrance to the existing roadbed to prevent unauthorized motor vehicles from
accessing the tree farm, at Lessee's sole expense. Lessee agrees to complete such installation no
later than one year from the date of this Lease Agreement. If such work is not completed by that
time, Lessor may terminate this Lease Agreement or have such work completed and bill Lessee
for the charges.
5. Term - The term of this Lease Agreement shall be for a period of one (1) year,
commencing on November 1, 2003, and continuing until midnight, October 31, 2004. This lease
may be extended for up to four (4) additional one year terms upon the mutual agreement of both
parties. Should Lessee desire to extend this Lease Agreement, Lessee shall give notice of such
intent to renew no late than sixty (60) days prior to the expiration of the initial term or any
renewal term. This lease shall be terminable by either party upon thirty days written notice.
Provided, however, should the Lessee have planted a crop as yet unharvested, the City shall give
four months written notice of termination.
6. Rental - Annual rental shall be ONE HUNDRED AND NO/DOLLARS ($100.00)
per year. Payment is due on November 1 of each year and mailed or otherwise delivered to the
Lessor's Department of Billings and Collections, Room 252 Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia 24011-1529. Rent is not subject to proration.
7. Compliance with laws, rules and regulations - In Lessee's exercise of the rights
and privileges granted herein, Lessee, its agents, employees, guests, invitees, contractors, and/or
any other person over whom Lessee has control shall observe, obey and comply fully at Lessee's
own expense with ail present and future, federal state and local laws, roles or regulations,
applicable to or affecting directly or indirectly Lessee or its operations and activities on or in
connection with the Leased Premises.
8. Utilities - Lessee shall pay all utility connections and service charges, if any, with
respect to the Leased Premises.
9. Compliance with Environmental Laws - Lessee shall comply with ail federal,
state and local laws, rules, regulations, resolutions and ordinances controlling air, water, noise,
solid waste and other pollution and relating to the use, storage, transportation, release or disposal
of hazardous material substances or waste.
10. Hazardous Waste and Materials Prohibited - Lessee shall not bring or allow or
permit to be brought onto, stored, disposed of, or released, any hazardous, toxic, or petroleum
substances, waste or materials of any kind on the Leased Premises.
11. Report release of Hazardous Materials - Lessee shall immediately furnish to the
Lessor's City Manager written notice of any and all releases of hazardous waste, materials or
substances whenever such releases are required to be reported to any federal, state, or local
authority, and pay for all cleanup and removal costs. Such written notice shall identify the
substance released, the amount released, the measures undertaken to cleanup and remove the
released material and any contaminated soil or water. Lessee shall also provide Lessor with
copies of any and all reports resulting from tests on the Leased Premises or made to any
governmental agency which relate to the Leased Premises.
12. Environmental Indemnifications - Regardless of the City's acquiescence and in
addition to the indemnification provisions contained elsewhere in this Lease Agreement, Lessee
shall indemnify, defend, and hold Lessor, its officers, agents and employees, harmless from all
costs, liabilities, penalties, or fines, including attorney's fees, resulting from or arising out of
Lessee violation of the environmental provisions contained in this Lease Agreement and agrees
to reimburse the Lessor for any and all costs and expenses incurred in eliminating or remedying
such violations. Lessee further covenants and agrees to reimburse and hold the Lessor its
officers, agents and employees, harmless from all costs, expenses, attorney's fees and all
penalties or civil judgments obtained against the Lessor as a result of Lessee's use, release or
disposal of petroleum product, hazardous substance, material, or waste onto the ground or into
the air or water. Lessee agrees to waive any and all statutes of limitations applicable to any
controversy or dispute arising under these environmental provisions and Lessee further agrees
that it will not raise or plead a statute of limitation defense in any action arising out of Lessee's
failure to comply with the environmental provisions contained herein.
13. Insurance Coverage - Lessee shall obtain liability insurance coverage with respect
4
to claims arising out of the subject matter of this Lease Agreement. The amount of this
insurance shall be not less than:
(a) General Aggregate $1,000,000.00;
(b) Products - Complete/Operations Aggregate - $1,000,000.00;
(c) Personal and Advertising Injury - $1,000,000.00;
(d) Each occurrence - $1,000,000.00;
(e) Above amounts may be met by umbrella form coverage in the minimum amount
of $1,000,000.00 aggregate; $1,000,000.00 each occurrence.
Lessee shall name the Lessor, its officers, agents, employees and volunteers as additional
insureds as its interest may appear on the above policy. Such coverage shall not be canceled or
materially altered except after thirty days written notice of such cancellation or material
alteration to the City Manager of the Lessor. Prior to the execution of this Lease Agreement,
Lessee shall provide the Lessor's City Manager with an exact copy of the Certificate of Insurance
as specified above. All renewal policies shall be delivered to the Lessor's City Manager at least
fifteen days prior to the expiration date of the expiring policy. If at any time the coverage,
carrier or limits on any policy or the insurance requirements contained herein shall become
unsatisfactory to the Lessor, Lessee shall forthwith provide a new policy meeting the
requirements of the Lessor.
14. Indemnity - Lessee shall indemnify and hold harmless the Lessor, its officers,
agents and employees, against any and all loss, cost or expense, including attorney's fees,
resulting from any claim, whether or not reduced to ajudgment, and for any liability of any
nature whatsoever that may arise out of or result from activities or omissions of Lessee, its
successors, officers, agents, employees, assigns, guests, contractors, or invitees, on the Leased
Premises, or other City-owned property pursuant to this lease, including, without limitation, fines
and penalties, violations of federal, state or local laws, or regulations promulgated thereunder,
personal injury, wrongful death, or property damage claims. In addition to the indemnification
provision contained elsewhere in this Lease Agreement, and regardless of the Lessor's
acquiescence, Lessee agrees to indemnify, defend and hold the Lessor, its officers, agents and
employees, harmless from any and all costs, liabilities, expenses, fines, penalties, or civil
judgments, including attorney's fees resulting from or obtained against or paid by the Lessor as a
result of Lessee's violations of or failure to comply with any other provisions of this Lease
Agmement.
15. Subleasing - Lessee covenants and agrees that it will not sublet, license, assign, or
transfer by operation of law or otherwise this Lease Agreement, the Leased Promises or any right
Lessee is authorized to exercise hereunder, without the prior written consent of the Lessor. Any
attempt by the Lessee to sublet, license, assign, or transfer by operation of law or otherwise this
Lease Agreement, the Leased Premises, or any rights Lessee is authorized to exercise hereunder
without the prior written consent of the Lessor shall result in the automatic termination of this
Lease Agreement.
16. Notice - Unless otherwise specified, all notices, consents and approvals required
or authorized by this Lease Agreement to be given by or on behalf of either party to the other,
shall be in writing and signed by a duly designated representative of the party by or on whose
behalf they are given and shall be deemed given three days after the time a certified letter
6
properly addressed, postage prepaid, is deposited in any United States Post Office or upon hand
delivery. Notice to the City of Roanoke shall be addressed to the:
City of Roanoke, Attention City Manager
Room 364 Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
or at such other office as Lessor may hereinafter designate by notice to the Lessee in writing.
Notice to the Lessee shall be sent to:
Sandra Rouse Reedy
4251 Can' Rouse Road
Roanoke, Virginia 24014
or at such other place as Lessee may hereinafter designate by notice to the Lessor in writing.
17. Entire Agreement - This Lease Agreement constitutes the entire understanding
between the parties. Any changes or modification of this Lease Agreement must be in writing
and signed by both parties.
18. Severability - In the event any provision herein shall be finally declared void or
illegal by any court or administrative agency having jurisdiction, the remaining provisions shall
continue in full force and effect as nearly as possible in accordance with the original intent of the
parties.
19. Headings - The headings used in this Lease Agreement are intended for
convenience and reference only and do not define, expand, or limit the scope or meaning of any
provision of this Lease Agreement.
IN W1TNESS WHEREOF, the parties have executed this Lease Agreement as of the day
and year first written above:
7
ATTEST:
CITY OF ROANOKE, VIRGINIA
Mary F. Parker, City Clerk
By.
Darlene L. Burcham, City Manager
Witness:
(Name)
(Address)
Sandra Rouse
(SEAL)
8
Exhibit A
INSURANCE REQUIREMENTS
FOR AGRICULTURAL LEASES
ATTACHMENT #2
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 lease of city property.
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
02231854
State of Virginia
City of Roanoke
Back Creek
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
Virginia. Sworn and subscribed before me this
~_~ day of October 2003. Witness my hand and
~[I~Y seal.
~~_~~~ ~ NQt sty Public
PUBLISHED ON: i0/13
121.90
10/15/03
TOTAL COST:
FILED ON:
matt~..t r~ ~ meem~
~omtact theCaYCmm,s I
Signature :_/~ ,
Billin9 Services Representative
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease 7.05 acres of City-owned property located along Back
Creek in Roanoke County, to a county resident for agricultural purposes, for a period of one year,
~vith four one year renewal options.
Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on October 23, 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. A copy of the Lease is available from the Office of the City Clerk
for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at 853-2541 before 12:00 noon on Thursday, October 16, 2003.
GIVEN under my hand this 6th dayof October ,2003.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Monday, October 13, 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
Fax: (540) 853-1145
E-mail: clerk(~¢i.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
October 29, 2003
File #51-107
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
At a regular meeting of the Council of the City of Roanoke on Thursday, October 23, 2003,
a public-hearing was held with regard to amendment of Chapter 36.1, Zoning, Section
36.1-445, Additional sign regulations, subsection (c), Code of the City of Roanoke (1979),
as amended, to address roof signs in the H-l, Historic District.
The proposed ordinance was tabled for thirty (30) days.
MFP:ew
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
pc:
Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Steven J. Talevi, Assistant City Attorney
David A. Diaz, Downtown Roanoke Inc., 213 Market Street, S. W., Roanoke,
Virginia 24011
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE amending and reordaining §36.1-445, Additional sign regulations,
Division 3, Sign Regulations, Article IV, Supplementary Regulations, of Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as amended, by amending subsection (c)
to permit roof signs within the H- 1 Historic District under certain conditions; and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Section 36.1-445, Additional sign regulations, Division 3, Sign Regulations,
Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained, by amending subsection
(c), to read and provide as follows:
Sec. 36.1-445. Additional sign regulations.
In all districts, the following additional sign regulations shall be applicable:
(c) Roof signs are prohibited in all districts, except for existing roof
signs located or relocated within the H-1 Historic District, and that roof signs
identifying a business on the premises where such sign may be erected when
the topography of the land would preclude vision of permitted ground or wall
signs from automobiles on nearby primary streets or highways serving the
business, provided that under no circumstances shall any roof sign cause a
structure to exceed the maximum height permitted in the particular district.
O-CA-SignRegs36.1-445(c)
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
O-CA-SignRegs36.1-445(c)
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
October 23, 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:
Amending Section 36.1-445 (c), Additional Sign Regulations,
of Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, to address roof signs in the H-1 district.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, September 18,
2003. By a roll call vote of 7~0, the Commission recommends that City Council
approve the requested amendment.
Background:
Roof signs are currently prohibited in all zoning districts in the City of Roanoke.
T. his text amendment would remove that prohibition as it pertains to existing roof
s~gns located in, or located and relocated within, the H-l, Historic District.
Parcels within the H-l, Historic District are located within the core of downtown
and are depicted on the attached map.
Considerations:
Downtown Roanoke, Inc. has initiated an effort to relocate and rehabilitate the
H&C Coffee sign located on the roof of a building at 102 Market Street. The sign,
which has been in place in downtown for many decades, is of a unique neon
design, material, and animation; and its method of construction is rare by today's
modern sign standards. The sign is currently in a state of disrepair and needs
considerable rehabilitation. Its relocation to another site in the H-l, Historic
District is being considered so as to ensure its long-term visibility and structural
integrity; and to return the sign to its original operational status. Because of the
current prohibition regarding roof signs, the H&C Coffee sign is a nonconforming
sign and could not be rehabilitated and relocated as proposed.
A staff review of the H-l, Historic District identified two other existing roof signs
that would become conforming under this amendment. One is the Dr. Pepper
sign at 115 Salem Avenue. The other is a roof outdoor advertising sign located
at the rear of 102 Market Street.
If this amendment were approved, the subsequent relocation of any of these
three existing roof signs would be limited to the area within the H-l, Historic
District and would require the granting of a Certificate of Appropriateness by the
Architectural Review Board.
At the public hearing, Fourd Kemper, representing the Board of Directors of
Downtown Roanoke, Inc., spoke in favor of the request. He stated that the
Board had voted unanimously to support the amendment to the Zoning
Ordinance which would allow the rehabilitation and relocation of the H&C Coffee
sign to proceed. A letter of support was also received for the record from Mr.
Benjamin Motley, principal in the architectural firm of Rodriquez, Ripley, Maddux,
and Motley, with offices located in downtown Roanoke.
Recommendation:
Planning Commission recommends approval of the proposed amendment, given
the effort initiated by Downtown Roanoke, Inc. to rehabilitate and relocate a sign
of unique design, material, and construction, and the limited application of the
amendment to the H-l, Historic District.
Respectfully submitted,
Robert B. Manetta, Chairman
City of Roanoke Planning Commission
CC:
Dadene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William H. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
RODRIGUEZ
PdPLEY
MADDUX
MOTLEY
Sept~duer 16, 2003
Mr. Brian Townsend, Director
of Planning, Building and Development
City of Roanoke
Municipal Building - Room 166
215 Church Avenue, SW
Roanoke, Virginia 24011
Dear Mr. Townsend:
I am unsure of my availability to attend the Planning Commission hearing on September 18,
2003, during which the Commission will consider amending Section 36.1-445 (c), Additional
Sign Regulations, Chapter 36.1, Zoning of the Code of the City of Roanoke, to address roof
signs in the H-I district. I am very familiar with the details surrounding this issue and am
writing in support of this amendment proposed by the Planning Staff.
I am a native and longtime resident of the City of Roanoke as well as a property owner in the
downtown district. I have served on the Board of Zoning Appeals for many years, am a
registered design professional, and am currently serving on the steering committee for the
revised zoning ordinance. My finn is the associate architect for the new Art Museum of
Western Virginia (which will impact the view shed of the subject signs). As a member of
Downtown Roanoke, Inc., I am actively involved in the details of the H&C sign restoration
and relocation. From these various points of experience and perspective, I offer that the
adoption of the proposed amendment is adequately constrained yet provides the flexibility
needed to preserve these treasured landmarks.
I ask for your favorable recommendation to City Council.
G~DDUX MOTLEY
~nS. Motley ' ~
Principal
vlw
28 CHuzcu Av~,,'uz. Romqo~cr~ VA 24011 T: 540/344-1212 F:. 540/344-1321 WVZVZRRMM.NET E-MAIL: ADMINISTRATOR~KRMM.N£T
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
02226013
State of Virginia
City of Roanoke
Add'l. sign regula.
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~inia. Sworn and subscribed before me this
-~_k .... day of October 2003. Witness my hand and
official seal.
..~~~-_ Notary Public
My commission Sx~ires~]~~ ....
PUBLISHED ON: 10/03 10/10
TOTAL COST:
FILED ON:
289.80
10/15/03
Authorized / '
S ignature:_~_~__~_ ~ .... Billing Se rvices Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of§l 5.2-2204, Code o f Virginia (1950), as amended, the Council of
the City of Roanoke will hold a Public Hearing on Thursday, October 23, 2003, at 7:00 p.m., or as
soon thereafter as the matter may be heard, in the Council Chambers, Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., Roanoke, Virginia, in order to consider an ordinance, amending
and revising Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended.
The proposed ordinance would amend §36.1-445, Additional sign regulations, of Chapter
36. i, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending subsection (c) to
address roof signs in the H-l, Historic District. A copy of such proposed ordinance is available for
review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. Questions
about the content of the proposed ordinance should be directed to the Office of Planning, Building
and Development, 853-1730.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, October 16, 2003.
All parties in interest may appear on the above date and be heard on the question.
GIVEN under my hand this 1st day of October ,2003.
Mary F. Parker, City Clerk.
H/NOTICES/N CA-36 1-445(ROOFSIGNSHD) 102303 DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, October 3, 2003, and once on Friday, October 10, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 24011
(540) 853-2541
Notice to Publisher:
Publish in the Roanoke Tribune once on Thursday, October 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 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
October 27, 2003
File #316-326-77
Wayne G. Strickland
Executive Director
Roanoke Valley-Alleghany Regional Commission
P.O. Box 2569
Roanoke, Virginia 24010
Dear Mr. Strickiand:
I am enclosing two copies of Resolution No. 36534-102303 concurring in a list of
financially-constrained projects and recommended improvements for roadways in the City
of Roanoke for further study in connection with the Long-Range Transportation Plan.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Thursday, October 23, 2003.
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Wayne G. Strickland
October 27, 2003
Page 2
pc:
The Honorable Donald Davis, Chair, Roanoke Valley Area Metropolitan Planning
Organization
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Kenneth H. King, Jr., P. E., Manager, Division of Transportation
~ · ~0J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of October, 2003.
No. 36534-102303.
A RESOLUTION concurring in a list of financially-constrained projects and
recommended improvements for roadways in the City of Roanoke for further study in
connection with the Long-Range Transportation Plan.
WHEREAS, state and local agencies must continually develop long range
transportation plans as required by the Federal Highway Act of 1962;
WHEREAS, the Roanoke Valley Metropolitan Planning Organization ("MPO") is
scheduled to adopt a revised 20-year Long Range Transportation Plan ("LRTP");
WHEREAS, transportation improvement projects must be included in the LRTP
before they can be added to the Virginia Department of Transportation's Six Year Plan;
WHEREAS, a public information meeting seeking comment on the proposed plan by
the MPO is scheduled for November 6, 2003; and
WHEREAS, the Virginia Department of Transportation is seeking the City's
concurrence in this list of financially-constrained projects in connection with the LRTP.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. That this Council concurs in the list of financially-constrained projects and
recommended improvements for roadways in the City of Roanoke for further study by the
Virginia Department of Transportation, as set forth in the City Manager's letter dated October
23, 2003, to this Council, and its attachments.
2. That the City Clerk is directed to forthwith transmit attested copies of this
resolution to the MPO for the November 6, 2003, public information meeting.
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
October 23, 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: Long Range Transportation Plan
Background:
The Roanoke Valley Metropolitan Planning Organization (MPO) is scheduled to adopt a
revised 20-year Long Range Transportation Plan (LRTP) at its November 6, 2003
meeting. The LRTP is a financially constrained plan that identifies the expected
resources that will be available for transportation improvements and establishes a list of
improvements that are to be implemented over the 20-year planning period.
Transportation improvement projects must be included in the LRTP before they can be
added to the Virginia Department of Transportation's Six Year Plan. The LRTP is
routinely revised and comprehensively updated every three to five years.
The Virginia Department of Transportation (VDOT) provided both financial and
transportation condition projections for the 20-year planning period. A work group was
organized to discuss these projections and develop recommendations for City Council's
endorsement and submission to the MPO. Members of this work group included the
Planning Commission's Transportation, Utilities & Facilities Committee, the City of
Roanoke's MPO representatives, and key staff members (representing all modes of
transportation, environmental quality, economic development, and citywide
comprehensive planning). The work group evaluated this information in light of the
Comprehensive Plan's guidance and developed the priorities and recommendations
contained herein.
Honorable Mayor and Members of City Council
October 23, 2003
Page 2
Considerations:
The MPO must develop and maintain a LRTP with a 20-year planning horizon.
Transportation improvement projects must be included in the LRTP before they can be
added to VDOT's Six Year Plan. Neither City Council's endorsement, nor the MPO's
adoption, of the LRTP will obligate any LRTP project to be implemented. Rather, such
projects are simply made eligible for further consideration. The work group has
developed recommendations that are consistent with the guidance provided in the City's
Comprehensive Plan. The MPO will adopt the LRTP during a public hearing (scheduled
for November 6, 2003) at the conclusion of a 30-day public comment period.
Recommendation:
Endorse, by resolution, the attached information (Cover Letter, Financially Constrained
List, and Vision List) for submission to the Metropolitan Planning Organization for their
consideration.
DLB/KHK
Attachments
C:
City Manager
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
CM03-0210
Roanoke Valley Area Metropolitan Planning Organization (MPO)
2025 Long Range Transportation Plan Recommendations
The City of Roanoke is pleased to submit recommendations for consideration
and inclusion in the Roanoke Valley Area 2025 Long-Range Transportation Plan.
The City of Roanoke values and recognizes the planning process as being the
primary building block for effective transportation improvements. To be effective
these plans must be based upon projections of the transportation system's futura
conditions, needs and opportunities, to effectively guide decision making today
and in the future. Through intergovernmental cooperation, coordination, and
public involvement, these plans should shape local, regional, and state strategies
for addressing economic growth, safety, congestion, air quality, and public
mobility. We encourage all parties involved in the transportation planning and
improvement process to be proactive in integrating and utilizing all modes of
transportation. The City's recently completed Comprehensive Plan emphasizes
the need for sustainability; therefore, local and regional plans should support
compact urban development, discourage sprawl and emphasize multi-modal
forms of transportation that prioritize facilities for bicycles, pedestrians, rail and
transit as well as accommodate automobiles.
The attached pages contain both the financially constrained and future vision list
of urban projects for the City of Roanoke. One notable project is the 1-581 and
Elm Avenue improvement project. This is one of the most congested areas
within the regional transportation system and has been a known problem for
many years. The urban, primary, and interstate systems converge on this single
interchange and improvements may require funding from each of these systems
to solve this complex problem. Traditionally an interchange project of this type
would be funded solely from interstate funding sources; however, because of the
major importance of this project, the City of Roanoke is prepared to have $8
million dollars of the City's urban allocation dedicated for this purpose. The
willingness to have these urban funds dedicated demonstrates the City's
commitment to this improvement. The MPO and VDOT should likewise make
this project a high priority by allocating the needed funds from all available
sources (primary and/or interstate systems) to support this improvement.
Together with Interstate 81, the 1-581 & Elm Avenue interchange is a top
interstate need that must be addressed in this Long Range Transportation Plan.
The transportation system is dynamic in nature and these plans should be
continuously revised and officially updated every 3 to 5 years to provide a
comprehensive and accurate strategy for addressing the ever changing needs of
Virginia's citizens and businesses. The City of Roanoke is committed to being a
proactive leader and partner in these very important endeavors.
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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
October 8, 2003
File #51-67-166-514
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, the following matters have been advertised for public
hearing on Thursday, October 23, 2003, at 7:00 p.m., in the City Council Chamber:
(1)
Request of Murray E. and Patricia B. Joiner to amend proffered
conditions presently binding upon a tract of land located at 3034
Brambleton Avenue, S. W., Official Tax No. 1650903, as set forth in
Ordinance No. 35218-030501, adopted on March 5, 2001.
(2)
Request of Member One Federal Credit Union to permanently vacate,
discontinue and close a portion of Gilmer Avenue, N. E., running in a
westerly direction from 4th Street, N. E., to an existing cul-de-sac.
(3)
Request of Malcolm M. Rosenberg to rezone property located at 2719
Colonial Avenue, S. W., Official Tax No. 1260808, and 2735 Colonial
Avenue, S. W., Official Tax No. 1260804, from RS-3, Residential
Single-Family District, to C-1, Office District, subject to certain
conditions proffered by the petitioner.
The Honorable Mayor and Members
of the Roanoke City Council
October 8, 2003
Page 2
(4)
Request of 22 Luck Avenue, Inc., to permanently vacate, discontinue
and close a certain portion of an alley lying between 16 and 22 Luck
Avenue, S. W., and more specifically between parcels identified as
Official Tax Nos. 1012707 and 1012706.
(5)
Proposed conveyance of a 10-foot easement on property known as
Jackson Park, identified as Official Tax No. 4130501, to Roanoke Gas
Company to relocate a high relief valve from the northern side of
Morningside Street.
(6)
Proposed lease of 7.05 acres of City-owned property located along
Back Creek in Roanoke County to a County resident for agricultural
purposes, for a period of one year, with four one-year renewal
options.
(7)
Consideration of an amendment to subsection (c), Section 36.1-445,
Additional sign regulations, Chapter 36.1, Zoning, Code of the City of
Roanoke (1979), as amended, to address roof signs in the H-l,
Historic District.
I am enclosing copy of City Planning Commission repods which have been filed in the City
Clerk's Office to date.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................................. + .......... ~.~'~ii£Q~LQ
CITY OF RKE., TRANS.
1802 COURTLAND, N.E.
KENNETH H. KING., JR
ROANOKE VA 24012
REFERENCE: 80109260
02235612 20-yr. range
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virqinia. Sworn and subscribed before me this
__~_~___day of October 2003. Witness my hand and
official se~l.
PUBLISHED ON: 10/17
TOTAL COST:
FILED ON:
105.80
10/17/03
Authorized
S ignature:__~.~/~_~~__,-- ~ ~--~ '' ~ ~ Billing Services
Represent
at ive
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a public hearing on October 23,
2003, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., to receive comments on the draft 20-year Long Range
Transportation Plan. Following the public hearing, City Council is expected to consider
recommendations for submission to the Roanoke Valley Area Metropolitan Planning
Organization for its consideration during the adoption of the 20-year Long Range
Transportation Plan. Anyone with interest in this matter may appear on the above date
and be heard on the question.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Noel C. Taylor Municipal Building. If you are a person with a
disability who needs accommodations for this public hearing, contact the City Clerk's
Office, 853-2541, byMonday, October 20, 2003.
GIVEN under my hand this 15th day of October ,2003.
Mary F. Parker, City Clerk.
Notice to publisher:
Publish in the Roanoke Times once on Friday, October 17, 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., Trans. Div. Mgr.
City of Roanoke
1802 Courtland Road, N. E.
Roanoke, Va. 24012
(540) 344-3233