HomeMy WebLinkAboutCouncil Actions 12-15-03
Fitzpatrick
36560-121503
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 15, 2003
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--Roll Call. All Council Members were present.
(Council Member Fitzpatrick arrived late.)
The Invocation was delivered by Elder Sylvan A. Moyer, Pastor,
Unlimited Power Apostolic Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, December 18,
2003, at 7:00 p.m., and Saturday, December 20,2003, at 4:00 p.m. Council
meetings are now being offered with closed captioning for the hearing impaired.
1
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS,
REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE
THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE
SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS
WHO ARE INTERESTED IN OBTAINING A COpy OF ANY ITEM
LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215
CHURCH AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE
CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND
RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO
THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM.CLICK
ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS
AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT
SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED
TO REGISTER WIm THE STAFF ASSISTANT WHO IS LOCATED
AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME
AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED
FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN
FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE
MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV.COM. TO OBTAIN AN APPLICATION.
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2. PRESENTATIONS AND ACKNOWLEDGMENTS:
A Resolutionrecognizing the service of the Honorable David C. Anderson, City
Treasurer.
Adopted Resolution No. 36560-121503 (6-0)
File #34
A Resolution recognizing the service of the Honorable Arthur B. "Bert"
Crush, III, Clerk, Roanoke City Circuit Court.
Adopted Resolution No. 36561-121503 (6-0)
File #103
3.
CONSENT AGENDA
Approved with one amendment to Item C-l (6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C- I Minutes of the regular meeting of Council held on Monday, November 3,
2003, and recessed until friday, November 14,2003.
RECOMMENDED ACTION: Dispense with the reading of the minutes
and approve as recorded. (One
amendment was approved.)
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)(I), Code of Virginia (1950), as am:nded.
RECOMMENDED ACTION: Concur in the request.
File #132-110
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C-3 Qualification of the following persons:
Louis O. Brown as a member of the Advisory Board of Human
Services, for a term ending November 30,2007;
File #110-318
Sandra K. Brunk as a Irember of the Roanoke Arts Comnission,
for a term ending June 30, 2006;
File #110-230
Terri R. Jones as a member of the Roanoke Arts Commission, to
fill the unexpired term of Michael Brennan, ending June 30, 2004;
File #110-230
William M. Hackworth as a member of the Virginia Western
Community College Board of Directors, to fill the unexpired term
of Michael F. Urbanski, resigned, ending June 30, 2007; and
File #110-467
Philip H. Lemon and Joel W. Richert as members of the Board of
Zoning Appeals, for term; ending December 31, 2006.
File #110-51
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
a. A communication from the Honorable George M. McMillan, Sheriff,
with regard to establishIrent of an Inmate Fee Program for fiscal year
2004; and appropriation of funds. (Sponsored by Vice-Mayor C. Nelson
Harris and Council MenDer Alfred T. Dowe, Jr.)
Adopted Budget Ordinance No. 36562-121503 and Resolution No.
36563-121503 (6-0)
File #121-123-60
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b. Request of The Arts Council ofthe Blue Ridge to present information on
"Downtown -- This is Living", a walking tour of downtown residential
spaces. Gregg Lewis, Member, Board of Directors, Spokesperson.
(Sponsored by the City Manager)
(No Action)
File #348
c. Request of Blue Ridge Behavioral Healthcare to present a report with
regard to services provided to City residents in fiscal year 2003. Sheri
Bernath, Board Member; and S. James Sikkema, Executive Director,
Spokespersons. (Sponsored by the City Manager)
(No Action)
File #110-314
(Council Member Fitzpatrick entered the meeting.)
d. Request of the Roanoke Valley Convention and Visitors Bureau to
present the 2003 Annual Report. David L. Kjolhede, Spokesperson.
(Sponsored by the City Manager)
Council Member Bestpitch requested information on results of the
City's investment due to increased contributions to the Roanoke
Valley Convention and Visitor's Bureau during the past several
years.
Council Member Bestpitch advised that the City of Roanoke will
celebrate its 125th anniversary in 2007 and suggested that the City
Manager recommend appropriate activities to commemorate the
event.
File #293-87
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6. REPORTS OF OFFICERS:
a. CITY MANAGER:
The City Manager introduced Jane Conlin, Director, Human/Social
Services, effective January 5, 2004.
File #72-184
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
I. Acceptance of disaster assistance funds, in the amount of
$137,005.00, from the Federal Emergency Management Agency
and the Virginia DepartIrent of Emergency Management.
Adopted Budget Ordinance No. 36564-121503 and Resolution
No. 36565-121503 (7-0)
File #60-188-237
2. Execution of the Performance Agreement between the City of
Roanoke, the Industrial Development Authority, and Boxley
Materials Company, in the amount of $154,000.00, to promote
economic developm.:nt in the City of Roanoke.
Adopted Ordinance No. 36566-121503 (7-0)
File #207-450
3. Amendment to the contract with Lancor Parking, L.L.C., to modifY
the performance bond requirement for management and operation
of certain City-owned and/or controlled parking facilities.
Adopted Ordinance No. 36567-121503 (7-0)
File #166-553
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4. Amendment of the City Code to eliminate Enterprise Zone One,
effective January I, 2004; and to extend the filing date for
applications for Enterprise Zone Two until Decerrber 30,2015.
Adopted Ordinance No. 36568-121503 (7-0)
File #24-266
5. Donation of a City-owned vehicle to Total Action Against Poverty
in Roanoke Valley, Inc., to be used in connection with the TAP
Youth Build Program.
Adopted Resolution No. 36569-121503 (7-0)
File #166-226-304
6. Transfer and appropriation of funds in connection with proceeds
from the sale of 15 acres of land in the Roanoke Centre for
Industry and Technology, and the sale of 400 square feet of City-
owned property located on Airport Road, N. W., to the Federal
Aviation Administration.
Adopted Ordinance No. 36570-121503 (7-0)
File #166-207-2-9
7. Transfer of funds in connection with collection system metering
and analysis services.
Adopted Budget Ordinance No. 36571-121503 (7-0)
File #60-468-27
8. Amendment to the contract with Robinson Pipe Cleaning
Company to provide for removal, transportation, and disposal of
biosolids from the Water Pollution Control Plant for an additional
one year period, retroactive to October I, 2003 through
September 30, 2004.
Adopted Budget Ordinance No. 36572-121503 and Ordinance
No. 36573-121503 (7-0)
File #468-27-60
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9. Amendment of the City Code to provide for a Driving Under the
Influence (DUI) Recovery Program; and appropriation of funds.
Adopted Budget Ordinance No. 36574-121503 and Ordinance
No. 36575-121503 (7-0)
File #24-5-236
10. Execution of Change Order No.3 to the contract with H. & S.
Construction Company, in connection with the Mill Mountain
Greenway, in the amount of$102,559.00.
Adopted Budget Ordinance No. 36576-121503 and Ordinance
No. 36577-121503 (7-0)
File #379
Council Member Cutler suggested that a public event be held
at the appropriate time and that Council Members either walk
or bicycle down the Mill Mountain Greenway.
I I. Execution of Amendment No. I to the Roanoke Valley Regional
Cable Television Committee Agreement with the City of Roanoke,
County of Roanoke and the Town of Vinton, to reflect references
to the recently adopted Cable Television Franchise Ordinances and
Cable Television Franchise Agreements, effective October 31,
2003.
Adopted Ordinance No. 36578-121503 (7-0)
File #448
b. DIRECTOR OF FINANCE:
I. A report with regard to the audited Capital Maintenance and
Equipment Replacement Program (CMERP) for fiscal year 2003.
Received and filed.
File #1-60-270
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2. Financial Reports of the City of Roanoke and the City of Roanoke
Pension Plan for the year ended June 30, 2003.
Received and filed.
File #10-429-1
7. REPORTS OF COMMITTEES: NONE.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comnents by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Dowe commended all persons responsible for the
successful Dickens of a Christmas which will be held on December
5-19,2003, on the City Market in downtown Roanoke.
File #87-277
Having attended the National League of Cities Congressional City
Congress in Nashville, Tennessee, on December 10 -13, and talking
with officials from other localities with regard to various programs,
Council Member Wyatt commended the City of Roanoke on
adopting and administrating programs that other localities are just
beginning to think about.
File #132-228
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Council Member Cutler advised that the City of Roanoke was the
recipient of two awards at the National League of Cities Annual
Conference; i.e.:
. Center for Digital Government and Micro Soft Award for
the best web site and e-government program for any city
the size of Roanoke in the United States; and
File #80-228-301
. The James C. Howland Award for Urban Enrichment for
the City's water conservation/education program, "Every
Drop Counts".
File #80-468
The Mayor advised that during conference sessions and group
discussions, issues of concern to the majority of officials attending
the National League of Cities Conference centered around funding
and the role of local government.
File #228
The Mayor called attention to the 100th anniversary ofthe Wright
Brothers' First Flight (December 17, 1903 - December 17, 2003) at
Kitty Hawk, North Carolina; whereupon, in honor of the event, he
presented each Member of Council with a certificate establishing the
Roanoke Air Force.
File #9-87
Vice-Mayor Harris advised that the City of Lynchburg has adopted
a two-year budget cycle; whereupon, he requested that the City
Manager contact officials of the City of Lynchburg to obtain
information on the implementation process, and report to Council
accordingly.
File #60
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
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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.
Mr. Chris Craft, 1501 East Gate Avenue, N. E., spoke with regard to
Roanoke's school system and the proposed stadium/amphitheater on
Orange A venue/Williamson Road.
File #467-122-66
Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, spoke with regard
to marketing of Victory Stadium.
File #122
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., spoke with regard to
character-building and stadium/amphitheater costs.
File #122
12. CITY MANAGER COMMENTS:
The City Manager advised that at its meeting on Tuesday, December 9,
2003, the Council of the Town of Blacks burg unanimously voted to support
the bus shuttle system between the City of Roanoke and the Town of
Blacksburg which should be operational by late Spring, 2004.
File #104-55
The City Manager commended staff of the Departments of Parks and
Recreation and Street Maintenance on clearing streets and parking lots of
public facilities during the two recent snow events both of which occurred
during times of special events in the City of Roanoke.
File #104-184-410
The City Manager encouraged citizens to clear snow from the sidewalk
in front of their residence following snow events.
File #104-410
11
On behalf of City staff, the City Manager expressed appreciation to
Council for approval of two additional holidays (December 26, 2003 and
January 2, 2004). She advised that staffappreciates the support of Council
during the past year; January 1, 2004, will bring additional opportunities
and challenges to the City and staff is ready and willing to take Council's
leadership and move the City forward to even greater heights.
File #104-184
The Mayor declared the meeting in recess for two closed sessions.
THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL
7:00 P.M., IN mE CITY COUNCIL CHAMBER.
12
ROANOKE CITY COUNCIL
REGULAR SESSION
DECEMBER 15, 2003
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order -- Roll Call. (Vice-Mayor Harris was absent.)
The Invocation was delivered by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag ofthe United States of America was
led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
The Council meeting will be televised live by R VTV Channel 3 to be replayed
on Thursday, December 18, 2003, at 7:00 p.m., and Saturday, December 20,
2003, at 4:00 p.m. Council meetings are now being offered with closed
captioning for the hearing inpaired.
13
A. PUBLIC HEARINGS:
I. Joint public hearing by Council and the City Planning Commission on
amendments to the City Code to permit the establishm.:nt of outpatient
mental health and substance abuse clinics as a special exception use in
only the C-2, General Commercial District, of the City of Roanoke.
R. Brian Townsend, Agent, City Planning Commission.
Adopted Ordinance No. 36579-121503, as alIEnded.
File #51-24
2. Views of citizens regarding appointment of a School Trustee to fill the
unexpired term of Melinda J. Payne, resigned, ending June 30, 2004.
(No Action)
File #467
3. Request of Farren and Lynette Webb that a parcel oflandlocatedat the
corner of Yellow Mountain Road and Melcher Street, S. E., identified as
Official Tax No. 4300722, be rezoned from CN, Neighborhood
Commercial District, to RM-l, Residential Multi-family, Low Density
District, subject to certain conditions proffered by the petitioners.
Edward A. Natt, Attorney.
Adopted Ordinance No. 36580-121503 (6-0)
File #51
4. Request of Super D Holdings, L.L.C., that property located at 414,416,
418 and 420 Ninth Street, S. E., identified as Official Tax Nos. 4112708-
4112711, inclusive, be rezoned from C-2, General Commercial District,
to CN, Neighborhood Commercial District, subject to certain conditions
proffered by the petitioner. Edward A. Natt, Attorney.
Adopted Ordinance No. 36581-121503 (6-0)
File #51
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5. Request of Norman R. and Marie A. Pratt that certain parcels of land
located at the intersection of Stewart Avenue and 9th Street, S. E.,
identified as Official Tax Nos. 4112016 - 4112018, inclusive, be rezoned
from RM-2, Residential Multi-family, Medium Density District, to C-2,
General Commercial District, subject to certainconditions proffered by
the petitioners. MaI)ellen F. Goodlatte, Attorney.
Adopted Ordinance No. 36582-121503, as alIEnded. (6-0)
File #51
6. Proposed lease of City-owned property located in the 400 and 500 blocks
of Church Avenue, S. W., when such property is acquired by the City,
pursuant to an Agreement dated December 24, 2002, between the City
and the YMCA of Roanoke Valley, Inc., to the YMCA of Roanoke
Valley, Inc., for a term commencing August I, 2004, and ending
December I, 2005, subject to automatic renewal on a month to month
basis. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36583-121503 (6-0)
File #166-100-373
7. Extensionofa lease agreement with The Hertz Corporation for an 87,120
square foot parcel ofland located at1302 Municipal Road, N. W., for a
period of five years. Darlene L. Burcham, City Manager.
Adopted Ordinance No. 36584-121503 (6-0)
File #373-166
8. Vacation of portions of sanitary sewer and drainage easements, in
connection with development of a parcel of privately owned land located
on Wildwood Road, S. W., Official Tax No. 1070605. Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 36585-121503 (6-0)
File #28-27-166
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B. OTHER BUSINESS:
l.(a) Petition for appeal of a decision of the Architectural Review Board in
connection with denial of a Certificate of Appropriateness, filed by Lewis
R. Burger, Owner, Burger & Son, Inc., with regard to property located at
802 Marshall Avenue, S. W. Lewis R. Burger, Spokesperson.
(b) Recommendation ofthe Architectural Review Board that Council affirm
the decision of the Board to deny issuance of a Certificate of
Appropriateness, in connection with the above referenced property
Based upon evidence (testimony and documents) presented, Council
affirmed the decision of the City of Roanoke Architectural Review
Board on October 9, 2003, that no Certificate of Appropriateness be
issued for the installation of siding and windows at 802 Marshall
Avenue, S.W., as set forth in the Petition for Appeal, on the grounds
that the proposed installation would not maintain the architectural
defining features of the building. (5 - 1, Mayor Smith voted no.)
File #249
C. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR
CITIZENSTO BE HEARD. MATTERS REQUIRING REFERRAL TO
THE CITY MANAGER WILL BE REFERRED IMMEDIATELY FOR
RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL.
The following persons addressed Council with regard to the proposed
methadone clinic on Hershberger Road, N. W., renovating Victory
Stadium, the overall uneasiness of citizens of the City of Roanoke, the
City's work force, the spending oftaxpayers' money, and Roanoke's school
system:
Ms. Perneller Wilson, 3045 Willow Road, N. W.
Mr. Michael Herman, 2819 Carolina Avenue, S. W.
Mr. Matthew Herman, 2819 Carolina Avenue, S. W.
Ms. Helen E. Davis, 35 Patton Avenue, N. E.
Mr. Robert E. Gravely, 729 Loudon Avenue, N. W.
16
Mr. Chris Craft, 1501 East Gate Avenue, N. E.
File #76-166-122-467-184
Certification of Closed Session (6-0)
Council ratified the appointment of George Logan as the seventh member
ofthe Board of Directors, Western Virginia Water Authority.
File #468
THE COUNCIL MEETING WILL STAND IN RECESS UNTIL
TUESDAY, DECEMBER 30,2003, AT 9:30 A.M., AT THE ROANOKE
COUNTY ADMINISTRATION CENTER, FOURTH FLOOR TRAINING
ROOM, 5204 BERNARD DRIVE, S. W., FOR A JOINT MEETING OF
ROANOKE CITY COUNCIL AND THE ROANOKE COUNTY BOARD
OF SUPERVISORS, TO CONTINUE DISCUSSIONS REGARDING THE
WESTERN VIRGINIA WATER AUTHORITY.
17
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, ,.2003.
No. 36560~121S01L
A RESOLUTION paying tribute to The Honorable David C. Anderson, City Treasurer,
and expressing to him the appreciation of this City and its people for his exemplary public
service.
WHEREAS, David C. Anderson, has announced his retirement as City Treasurer
effective December 31, 2003;
WHEREAS, Mr. Anderson graduated from R.B. Worthy High School in Saltville,
Virginia, and attended Emory and Henry College in Emory, Virginia, and Mr. Anderson moved
to Roanoke in 1964 to attend National Business College, and upon graduation from National
Business College in 1967, Mr. Anderson went to work for Appalachian Power Company;
WHEREAS, Mr. Anderson began his career with the City of Roanoke in 1969, working
in the Auditor's Office and in the Department of Finance;
WHEREAS, Mr. Anderson was appointed as Chief Deputy Treasurer for the City in
1978, and served in that position until he was appointed City Treasurer by City Council in June,
1996, to fill the unexpired term created by the resignation of the then City Treasurer, Gordon E.
Peters;
WHEREAS, Mr. Anderson was elected to the office of City Treasurer in 1997, and again
in 2001, and has faithfully served Roanoke and its citizens in that capacity since his appointment
and election, and including his earlier service as Auditor and Accountant, has a total of 34 years
of service with the City of Roanoke; and
WHEREAS, Mr. Anderson is a member of the Treasurer's Association of Virginia and
has been active in the community through organizations including Huntington Court United
Methodist Church; Williamson Road Life Saving Crew; Roanoke Emergency Medical Services;
Council of Community Services; Roanoke Kiwanis Club; Williamson Road Action Forum;
Williamson Road Masonic Lodge #163 A.F. & A.M.; Kazim Shriners; Scottish Rite of
Freemasonry; and the City of Roanoke Democratic Committee.
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke as follows:
1. City Council adopts this means of recognizing and commending the many years
of service rendered to the City of Roanoke and its people by The Honorable David C. Anderson.
2. The City Clerk is directed to transmit an attested copy of this resolution to Mr.
Anderson.
ATTEST:
City Clerk.
H:\MEASURES\r-andersonfarewell.doc
REGULAR WEEKLY SESSION.---ROANOKE CITY COUNCIL
November 3, 2003
9:00 a.m.
The Council of the City of Roanoke met in regular session on Monday,
November 3, 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, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke
(1979), as amended; and pursuant to Resolution No. 36193-010603 adopted on
January 6, 2003, which changed the time of commencement of the regular meeting
of Council to be held on the first Monday in each month from 12:15 p.m. to 9:00 a.m.
PRESENT: Council Members William D. Bestpitch, M. Rupert Cutler, Alfred T.
Dowe, Jr., Beverly T. Fitzpatrick, Jr., Linda F. Wyatt, and Mayor Ralph K. Smith-.--6.
ABSENT: Vice.Mayor C. Nelson Harris----..-------------.-----------.--..---------_......1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
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 a Closed Meeting as above described. The motion was seconded by
Mr. Cutler and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Wyatt, and
Mayor Sm ith ----------.-------------.---------.----------.----------.---------------------------------..-----6.
NAYS: NONE.....------.---.---------.-------------------.__________.________________________._____-0.
(Vice-Mayor Harris was absent.)
COUNCIL: ITEMS LISTED ON THE 2:00 P.M. COUNCIL DOCKET REQUIRING
DISCUSSION/CLARIFICATION; AND ADDITIONS/DELETIONS TO THE 2:00 P.M.
DOCKET.
The City Manager recommended that December 26,2003 and January 2, 2004,
be observed as official holidays for City employees, inasmuch as both holidays fall
on a Thursday.
TOPICS FOR DISCUSSION BY THE MAYOR AND MEMBERS OF
COUNCIL: NONE.
REPORTS OF COUNCIL MEMBERS IN THEIR LIAISON COMMITTEE
ASSIGNMENTS:
Council Member Cutler presented a summary of his Council liaison committee
assignments:
Roanoke Arts Commission:
. The Commission has met at various venues to which it provides grants, such
as the Virginia Museum of Transportation, Explore Park, Downtown Music
Lab, Center in the Square, Mill Mountain Zoo, etc.
. The Commission is currently working on a Public Art Plan.
Mill Mountain Advisory Committee:
· The Committee is working with the City's Department of Parks and Recreation
on a Master Plan for the entire Park, including the additional 55 acres of the
land that Council recently authorized for acquisition.
Mill Mountain Zoo Board of Directors:
. The Board of Directors is concerned about water pressure and water supply
for the Zoo which is under consideration in the context of its budget.
Virginia Municipal League - Environmental Quality Committee:
· Meetings were held on January 23, 2003, in Richmond, and on October 20-21,
2003, in Roanoke
· Served on the Environmental Quality Committee
2
Urban Forestry Task Force:
· Task Force met on January 15, 2003
· The Urban Forestry Plan was completed and adopted by Council
Soil and Water Conservation District Board of Directors:
At a recent meeting, the City of Roanoke's petition to join the Blue Ridge Soil
and Water Conservation District was accepted.
Dr. Cutler was requested to provide a summary of the meeting with
representatives of the Corps of Engineers and the Fish and Wildlife Service;
whereupon, he advised that approximately 40 persons were in attendance, including
several representatives of the Wilmington District of the Corps of Engineers,
biology staff from the U. S. Fish and Wildlife Service, a majority of the City's Flood
Plain Committee, Chairman of the Fish and Wildlife Department at Virginia Tech, a
fish biologist from the Department of Game and Inland Fisheries, and others. He
stated that the focus of the meeting related to concerns of the Fish and Wildlife
Service on the latest generation of the bench cut plan that the Corps of Engineers
has produced; and a concern that if the plan proceeds as the Corps of Engineers
propose, removal of banks along certain sections of the river in order to increase
river capacity in high water stages would be too low, and, all too frequently, water
could rise above those levels, wash the soil off benches into the river cannel, silt up
the channel and require dredging of the river, which would not only reduce the
capacity of the river to handle floods but harm fish and wildlife habitat, particularly
the habitat of endangered Roanoke log perch. He stated that the Fish and Wildlife
Service proposed that the benches be at a higher level so as to be out of the current
of the river, except in serious flooding conditions, at which time they would serve
their intended purpose. He noted that representatives of the City's Flood Plain
Committee expressed frustration that the process has gone on for a number of years
without any signs of construction in the river, and they were anxious for the program
to move forward; the biologist from Virginia Tech and the representative of the
Department of Game and Inland Fisheries were concerned, as was the Fish and
Wildlife Service, over moving ahead with a plan that would be counter productive in
the long term, that would appear to provide some flood relief with bench cuts but
would result in more siltation, reduced capacity of water in the river, and worsening
of the flooding problems, rather than alleviating problems and harming the fishery.
At the conclusion of the meeting, he stated that the Corps of Engineers, the
Fish and Wildlife Service, and the City's Engineering Department agreed to meet and
come to a better understanding of each other's positions.
3
Dr. Cutler advised that other obvious conclusions are that much of the flood
waters and siltation come from locations other than the City of Roanoke and
Roanoke County, thus, there is a need to look short term at tributaries and storm
water management within the City; and another issue pertains to the role of the
interceptor sewer lines that form dams across the river at low water bridges, and the
filling in around the piers of highway bridges that slow down the river, cause silt to
drop out of the river and help to fill the river. He added that it is important for the
City to develop a parallel action plan move and lower sewer crossings, to change
low water bridges, to take out the fill around bridge supports in order to remove
obstruction, because the only way to keep the river clear is to keep up the velocity
and keep silt in the water moving, which is another issue that the City's Engineering
staff must address and must be budgeted for over a period of time since it will be
costly, but is important if the City is to complement the work of the Corps of
Engineers by removing obstructions that have been placed in the river, sewer
crossings, low water bridges and any other actions that can be taken to cause the
water to flow more easily under highway bridges.
Discussion:
. If the plan is satisfactorily revised, there will be minimum siltation and
sedimentation.
· Concern was expressed that a large number of established trees will be lost
along the river bank containing root systems that are holding the river banks
in place. New trees can be planted, but it will take a long time for the trees to
become established and to develop the same holding power over the rocks.
. Part of the recommendation of the Fish and Wildlife Service is to minimize
tree cutting and vegetative removal, because vegetative cover on the river
banks will help to stabilize soil and minimize erosion and siltation.
· The potential for taking out the Niagra Dam near the Blue Ridge Parkway
should be explored inasmuch as the dam does not provide a large amount of
energy for American Electric Power, the reservoir is full of silt and a problem
will exist if the silt is toxic.
4
Council Member Bestpitch reported on the following liaison committee
assignments:
Roanoke Valley-Allegheny Regional Commission:
· The Long Range Water Supply Study has been completed, with a goal of
looking at how to accommodate water supply needs over the next 50 years;
and policy and technical committees will meet later this month to discuss
ways to begin implementation of some of the elements of the study.
. The Regional Commission has initiated a regional citizens planning academy
which is a four session training program that covers a variety of planning-
related topics and is open to any person who is interested in learning more
about regional and community planning.
· The Regional Commission issued a regional report card this year which cites
approximately 98 different and multi-jurisdictional cooperative programs and
projects.
Metropolitan Planning Organization (MPOl:
The staff of the Regional Commission is working with the MPO on the
Roanoke Valley Long Range Transportation Plan; and it is anticipated that the MPO
will approve the long range plan in January 2004, following a public comment period
and a public hearing.
Roanoke Neighborhood Advocates (RNAl:
The RNA is a new organization that will provide advice on neighborhood issues, as
well as education for neighborhood groups; a seven member committee was
appointed by Council and the Committee will identify the remaining six members; an
initial draft of the by-laws was completed and the committee is working on its
strategic business plan; each of the seven members was assigned to a number of
neighborhood organizations in a type of liaison role, and representatives have
attended their respective neighborhood organization meetings to introduce
themselves and to conduct a level of needs assessment within each organization.
Explore Park:
. The Brugh Tavern no longer operates as a restaurant, but will provide lunch
on weekends when Explore Park is open for business, however, Brugh Tavern
can be reserved for a private function; Explore Park appears to be moving
5
away from the historical interpretive function that the Park has provided in the
past to more recreational-type opportunities, such as fishing, canoeing,
kayaking, birding, hiking, mountain biking trails, plans to create a playground
and children's historic playhouse area, picnic shelters; staff has been reduced
and much of the operation appears to have been taken over by Roanoke
County; and without an interpretive staff and the same attention to historic
structures, there is some question as to the kinds of attractions that will be
available at Explore Park that will attract people from other areas.
· Explore Park plans to construct a replica of an 1S'h century fort which will
open on July 3, 2004, and will be part of its tenth birthday celebration.
Virginia First Cities Coalition:
. The Coalition met in May and October and conducted a strategic planning
session that was also attended by the City Manager in Charlottesville,
Virginia; a 2004 Legislative Agenda has been drafted containing three
overarching policies: to increase financial support to First Cities, to enhance
redevelopment opportunities in First Cities through adoption of an urban
policy and smart growth strategies, and to hold older core cities harmless
from any budget balancing actions. Specific legislative recommendations are
to oppose any loss in State aid or in local authority, to increase funding for
education, which is the most important issue for member localities
participating in the Coalition, and to support tax restructuring in a way that
generates new revenues and increases State revenues to a certain degree.
. At a meeting prior to the beginning of the Virginia Municipal League Annual
Conference in October, the First Cities Coalition endorsed maintaining the
Council - Manager form of government in Virginia localities.
· The City Manager advised that the top priority is increased funding for special
education in Virginia; whereupon, she stated that VACO and the First Cities
Coalition agreed to provide Public Service Announcements that seek to
mobilize the interest of citizens around the issue of education; there are
certain groups that would see the issue differently in terms of whether or not
there should be an adjustment to the formula that would give more weight to
some of the disadvantaged issues that are experienced by the older urban
cities, but education has clearly fallen behind in terms of the level of funding
that has been provided by the State.
6
· Many localities have argued that if there were full funding of the mandates,
real estate taxes could be reduced, or other budget adjustments could be
made; and, it is because of that gap that localities have experienced problems
and individual localities have sought to fill the gap through imposing various
fees and other tax changes.
Fair Housing Board:
· No City Council liaison has been assigned to the Fair Housing Board,
however, Mr. Bestpitch stated that he met with the Board regarding to certain
issues. A process began some time ago to update the City's Fair Housing
Ordinance and a draft was prepared for review by Council; during the last
session of the Virginia General Assembly, the State created the Virginia Fair
Housing Office, effective July 1,2003, which assumed the responsibility of
addressing fair housing issues in a different way; localities that have not
appointed Fair Housing Boards in the past will not be permitted to create a
Fair Housing Board in the future; and since the City of Roanoke previously
appointed a Fair Housing Board, the Board may continue to function. City
staff, in consultation with the City Attorney's Office, made further revisions to
the ordinance, Le.: to make the protective class classifications in the City's
ordinance consistent with Federal and State law which has changed over the
years, in order to delete the adjudicatory powers of the Fair Housing Board
since it was believed to be a duplication of the responsibility of the new State
Office and because in approximately 20 years of the Fair Housing Board's
existence in the City of Roanoke, those powers have been exercised on only
one occasion, which will allow for further emphasis on the educational
component of the City's Fair Housing Board. The role of the Fair Housing
Board would be to ensure that citizens understand their rights in regard to fair
housing, as well as to advise Council on any fair housing issues of interest to
the City. The Fair Housing Board objected to deletion of its adjudicatory
powers; he, along with Council Member Cutler, attended a meeting ofthe Fair
Housing Board on October 7, to hear the Board's concerns; and as a result of
the meeting, Mr. Bestpitch recommended that Council approve the proposed
revisions to the Fair Housing Ordinance, with one exception; Le.: to leave
adjudicatory powers in place, inasmuch as the City should be very careful
about giving up a power that it may not ever be able to regain in the future due
to a new State statute.
7
· Without objection by Council, Mr. Bestpitch recommended that City staff be
instructed to draft the Fair Housing Ordinance including the proposed
changes, with the exception of the adjudicatory powers to be exercised by the
Fair Housing Board.
· When revising the ordinance, it should be stated that the Fair Housing Board
will have an advisory role with the Council, and if fair housing issues arise
that the Council should be aware of, the Board will be charged with the
responsibility of bringing those issues to the Council's attention.
Board of Directors-Total Action Against Poverty in Roanoke Valley, Inc.:
· Council has committed to supporting additional renovation of the Dumas
Hotel for certain expanded purposes; representatives of the Harrison Museum
for African-American Culture was contacted with regard to occupying gallery
space on the first floor of the existing building; as discussions developed,
TAP decided to attempt to add a wing to the building and to completely
relocate the Harrison Museum from its current location to the Dumas Hotel
building, to enable the facility to become a part of the Henry Street
redevelopment initiative.
· There are certain advantages to the City in having the Harrison Museum more
closely connected with other arts and cultural amenities in the downtown
area; there are good reasons to save the old Harrison School and for the
Harrison Museum to be part of the project, but experience would suggest that
the Harrison Museum is too far out ofthe loop when taking into consideration
the passenger station renovation, the O. Winston Link exhibit, renovation of
the First Street Bridge, the Virginia Museum of Transportation, the new Arts
Museum and Center in the Square. If the Harrison Museum were to relocate
and construct a separate building, the cost of doing so would be significantly
greater than the cost of adding a wing to the Dumas Hotel; and it would be a
reasonable expectation for the City to participate in construction of such a
project, similar to that which was done for the Grandin Theater and the Arts
Museum, therefore, a case can be made for reevaluating the City's level of
participation in the overall project, and the possibility of an additional funding
commitment to the Dumas project for that purpose.
· The Mayor advised that the Harrison Museum is not easily accessible by
visitors to the City of Roanoke; Center in the Square has made efforts to
embrace the Harrison Museum as a part of the Center Museum and cultural
hub; the chance of success for the Harrison Museum will be greater if and
8
when it becomes a part of Center in the Square, or in the middle of the City
Market area; and there are persons who stand ready to invest private dollars
in the effort, should the Harrison Museum choose to relocate.
. Dr. Cutler agreed that the Harrison Museum is difficult to locate by persons
not familiar with the City of Roanoke, but the Harrison Museum, the Dumas
Drama Guild and the Downtown Music Lab all fit together in an expanded
Dumas Hotel, and could become a part of the reason for persons to visit that
section of the City, in addition to the Higher Education Center and Eight
Jefferson Place, and the Ebony Club, etc. He added that the Harrison Museum
is part ofthe African-American community and offers a unique concentration
of features; as a member of the Harrison Board, he stated that there are two
constant themes; Le.: the need to protect the old Harrison School as an
architectural landmark and a continuing sense of concern that the Harrison
Museum, as a unique entity, might get lost in the shuffle in the larger complex
of Center in the Square activities. He stated that the Harrison Museum would
be better suited in the Dumas Hotel rather than Center in the Square.
Mr. Fitzpatrick expressed concern in regard to allocation of Community
Development Block Grant funds; separately, for Dumas Hotel improvements
when Council has set a policy to move forward in a different direction; and
there should be a concentrated effort to keep these kinds of activities together
so that they coordinate.
· Council Member Dowe advised that the sustainability of the Harrison Museum
is far greater and far more important than many persons realize as an
education synergy is created because Roanoke has the advantage of an
African-American Museum which is a unique venue throughout the
Commonwealth of Virginia; there will be funding challenges in regard to the
Dumas/Harrison project because there are few of minority professionals in the
Roanoke Valley that could be tapped as potential funding sources; the City's
financial-support may not be consistent with Community Development Block
Grant funding policy established by Council, but it is important for the City to
identify a way to help the Harrison Museum for the greater good of the City of
Roanoke.
. Council Member Wyatt advised that the Dumas Hotel is not the only TAP
project and if funding exceptions are made for TAP, requests of other
organizations should be honored as well.
· Council Member Bestpitch advised that Council should continue to abide by
its established policy in regard to dispensing Community Development Block
Grant funds; it is unclear as to the reasoning by TAP for identifying a funding
source; there will be benefits to the downtown area and to the Henry Street
area if the Harrison Museum is relocated from Harrison Avenue to the Dumas
9
Hotel building, and any investment in downtown Roanoke will benefit other
downtown projects. He stated that he would take the remarks of Council back
to TAP, and advised that TAP has a history of starting projects and then
spinning them off, such as the Southwest Virginia Food Bank, the water
project, CHIP, Project Discovery, all of which are currently independentfrom
TAP. He mentioned the possibility ofthe eventual goal ofturning the property
over to a Foundation, the long term goal of which would be to maintain the
real estate for those institutions housed in the facility.
· Council Member Wyatt advised that TAP has a history of requesting funds and
not meeting its obligations to the City, which is of concern to her as one
Member of Council. She referred to a previous funding request of TAP that
the City was later requested to forgive; TAP later requested $500,000.00 over a
five year period in $100,000.00 increments per year, with the understanding
that it would meet its financial obligations, however, a full year has not passed
in that process and TAP is again requesting additional funds. She stated that
even through the Dumas Hotel is a worthy project, there are other worthy
projects in the City to be considered, and Council has a responsibility to look
at both sides of the issue since taxpayers' dollars are involved, and because
the City has been requested to spend $900,000.00 over the course of less than
two years to fund one project.
Higher Education Center:
· Mr. Bestpitch referred to a communication from Dr. Thomas McKeon,
President, Roanoke Higher Education Center, in regard to funding for a capital
project. He advised that the Higher Education Center is a state institution,
governed by a Board of Directors, appointed by the General Assembly, and
the City of Roanoke has no input regarding appointments. He stated that he
was not aware of any other localities where state institutions of higher
education are located that provide local funding for capital projects; however,
consideration should be given to the fact that the building is technically
owned by a for profit entity which was created for the purpose of taking
advantage of certain historic tax credits; and the Higher Education Center is
not a for profit entity, therefore, the only way the facility can pay real estate
taxes to the .City is through operating funds. He explained that the
arrangement with the for profit entity was for a five year period which will
expire in approximately two years, at which time the property will be deeded.
over to the State and the City will no longer collect real estate taxes. He
questioned whether the City of Roanoke should collect real estate taxes on a
state operation; the City cannot technically give the Higher Education Center
an exemption from paying real estate taxes, but the City could provide a grant
back to the facility for operation of the Center in an equivalent amount to what
the Higher Education Center pays in real estate taxes, or approximately
10
$21,000.00 per year. Additionally, he advised that Dr. McKeon referred to
certain remodeling that was done to accommodate the needs of the Blue
Ridge Technical Academy to provide additional classroom space, in which he
noted that because the Higher Education Center did not have actual funding
for the remodeling, rent was collected in advance from the Roanoke City
School System in an amount to cover remodeling costs and no rent was
charged for a certain period of time until the school system caught up. He
suggested that the Higher Education Center and the City's School System
revisit the issue to determine how the Higher Education Center could be
reimbursed for the cost of remodeling the space, and the school system could
request the City to partner with them on a capital project.
Virginia Municipal League:
· Mr. Bestpitch advised that the Annual Conference of the Virginia Municipal
League will be held in Alexandria in 2004, the 100" anniversary ofthe VML will
be held in Richmond in 2005, Virginia Beach in 2006, in James City/County in
2007 to commemorate the 400" anniversary of the founding of Jamestown,
and in Norfolk in 2008. He requested that Council support a request for the
City of Roanoke to invite the Virginia Municipal League to return to the City of
Roanoke in 2009.
. Mr. Bestpitch referred to a communication from R. Michael Amyx, Executive
Director, Virginia Municipal League, commending the City of Roanoke on a job
well done in connection with VML Host City Night which was held on
October 20, 2003, on the Roanoke City Market.
Roanoke Valley Convention and Visitor's Bureau:
. Council Member Fitzpatrick reported on the Roanoke Valley Convention and
Visitors Bureau and advised that a ribbon cutting ceremony for the new
Visitors Information and Conference Center facility will be held on November
6 at 10:00 a.m., which represents a milestone for the City of Roanoke.
11
Virginia CARES Board of Directors:
· Council Member Wyatt reported on the Virginia CARES Board of Directors
which has experienced a difficult year, funding-wise; and additional funds
were approved by the Governor that enabled Virginia CARES to operate for at
least another six months.
Roanoke Civic Center Commission:
· Ms. Wyatt called attention to problems associated with ice that does not
freeze on the Civic Center Coliseum floor prior to Roanoke Express Hockey
games which has become an embarrassment to the City of Roanoke.
· The City Manager advised that she would investigate the matter.
Roanoke Regional Cable Television Committee:
· Council Member Dowe expressed appreciation to Council for adopting the
new franchise with Cox Communications Roanoke.
Personnel Committee:
. Council Member Dowe advised that he is the newly appointed Chair ofthe City
Council's Personnel Committee and also serves on the Roanoke Regional
Chamber of Commerce.
The Hotel Roanoke Conference Center Commission:
· Mayor Smith advised that although business is down, The Hotel Roanoke
Conference Center is doing well when compared to other venues across the
state or the country because corporate expenditures have been reduced;
room night occupancy rate for Hotel Roanoke is up and profile events such as
the VML Conference increased attendance and usage of the facility. He stated
that the Blacksburg Conference Center and The Hotel Roanoke Conference
Center may be managed by the same management team in the future which
will better Roanoke's ties with Virginia Tech.
12
The City Manager advised that the following items were discussed by the
Council at its planning retreat on September 5, 2003; however, Council did not reach
a consensus.
· Provide RVTV coverage of informal Council briefings and joint sessions of the
Council with certain Council appointed committees
. Brief introduction by the City Manager of items listed under the City
Manager's section of the agenda
· Display announcements read by the Mayor at the beginning of the Council
meeting on a screen in the Council Chamber
. Televise a summary of the Council meeting on RVTV Channel 3 immediately
following each session
. Electronic voting by the Mayor and Members of Council as a time saving
measure
Following discussion, it was the consensus of Council that:
· Work sessions will not be televised. Meetings to be televised with various
Council appointed committees will be determined in advance, by the Council,
on a case by case basis.
· The agenda item number will be read by the Mayor, and the City Clerk will
read the title paragraph of the ordinance or resolution. If the title paragraph of
the measure does not provide an adequate explanation of the agenda item,
the Mayor will provide additional information.
· At least 15 minutes prior to each Council meeting a summary of the Council
agenda will be televised on RVTV Channel 3.
· Following each Council meeting and prior to the rebroadcast ofthe meeting, a
summary of agenda items will be televised by RVTV Channel 3.
(There was no discussion regarding the issue of electronic voting by the Council.)
BRIEFINGS:
The City Manager introduced a briefing with regard to traffic calming activities
in the Memorial Avenue/Grandin Road area.
Robert K. Bengtson, Director, Public Works, advised that plans for Grandin
13
Road improvements (Memorial Avenue to Westover Avenue) have been fully
developed and shared with the Greater Raleigh Court Civic League and the Grandin
Village Merchants, and plans were endorsed by other organizations. In his
presentation, he reviewed plans from various diagrams including widened
sidewalks, curb extensions at corners, new street trees (European Hornbeam and
Crepe Myrtles), stamped crosswalks (colored), and on-street parking.
He further advised that plans for the next phase of Memorial Avenue
(Cambridge Avenue to Grandin Road) have been developed in concept only and
need to be presented to the public; plans were developed to be a continuation ofthe
Grandin Road improvements, rather than matching the recent changes on Memorial
Avenue (bridge area); the new Memorial Avenue concept includes widened
sidewalks, curb extensions at corners, street trees (Maples), stamped asphalt
crosswalks, gateway features, on street parallel parking, reduction in entranceways,
and coordination with Virginia Heights Elementary School for site improvements,
including retaining wall, fence and school sign; and the new concept does not
include bike lanes.
The City Manager advised that City staff is ready to proceed with the design,
pursuant to approval by Council and availability of funds.
The City Manager introduced a briefing with regard to the Franklin Road and
Elm Avenue interchange.
Mr. Bengtson advised that the Franklin Road and Elm Avenue intersection was
originally designed in anticipation that Franklin Road might one day be widened
south of Elm Avenue, hence, two through travel lanes were built for southbound
traffic approaching the Elm Avenue intersection. He stated that two options were
recently developed that would eliminate one of the through lanes at this location; of
the two, the preferred option widens the existing median area, thus eliminating the
existing left turn lane; the left turn lane can be re-established in one of the through
lanes which leaves one of the existing through lanes in place to serve through traffic
movement; and the median on the south side of the intersection can likewise be
widened and median areas would then be landscaped. He noted that the other
option, which was not selected, was to eliminate the right turn lane.
The City Manager advised that with the concurrence of Council, City staff will
proceed with the modification.
There being no further business, the Council meeting was declared in recess
to be reconvened at 2:00 p.m., in the City Council Chamber.
At 2:00 p.m., on Monday, November 3,2003, the Council meeting reconvened
in the City Council Chamber,fourth floor, Noel C. Taylor Municipal Building,
14
215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. 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
Ra I ph K. Smith ------...-----------.....----------.----------..--------..--------...----------..---------.-7.
ABS E NT: N one-----------....-----------..----------..-------..__------.....----------.-----------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with prayer by The Reverend E. T. Burton, Pastor,
Sweet Union Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Smith.
PRESENTATIONS AND ACKNOWLEDGMENTS:
PROCLAMATIONS/RECYCLING: The Mayor presented a proclamation
declaring Saturday, November 15,2003, as America Recycles Day.
PROCLAMATIONS-LIBRARIES: The Mayor presented a proclamation declaring
Saturday, November 15,2003, as Valley Bookfest Day.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
15
MINUTES: Minutes of the regular meeting of Council held on Monday,
September 15, 2003, were before the body.
Mr. Harris moved that the reading of the minutes be dispensed with and that
the minutes be approved as recorded. The motion was seconded by Mr. Dowe and
adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Harris, Wyatt, and
Mayor Sm ith ------------...--------------.--------------..-------------...-----------.....----------....-----6.
NAYS: None----..---------------.--------------------------------..------------_...______________...___.().
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
EASEMENTS-CITY PROPERTY: A communication from the City Manager
advising that pursuant to requirements of the Code of Virginia (1950), as amended,
Council is required to hold a public hearing on the proposed conveyance of property
rights; whereupon, she requested that Council hold a public hearing on Monday,
November 17, 2003, at 7:00 p.m., or as soon thereafter as the matter may be heard,
on the request of Plantation Pipeline Company for an easement on Official Tax
No. 4321020, was before the body.
Mr. Harris 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, Harris, Wyatt, and
Mayor Smith----.----------------.-------------...-----------...---------...-.----------....----------...-----6.
NAYS: None.-----------....-----------.-.------------..----------_...____________..__________....___.().
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
COMMITTEES-ROANOKE CIVIC CENTER: A report of qualification of Calvin H.
Johnson and Thomas G. Powers, Jr., as members of the Roanoke Civic Center
Commission, for terms ending September 30, 2006, was before Council.
16
Mr. Harris moved that the report 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, Harris, Wyatt, and
Mayor Smith---....--------...----------..--------...______....------....-------..--------..----------...----Ei.
NAYS: None------.------------..----------.-------_..______....--------..--------...--------.-.---0.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER: A report of
qualification of Minnis E. Ridenour as a Commissioner of The Hotel Roanoke
Conference Center Commission, for a term ending June 30, 2005, was before
Council.
Mr. Harris moved that the report 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, Harris, Wyatt, and
Mayor S m ith--------.------------.------------------------..______-..---------------------.-----------...----6.
NAYS: None..------------...------------..------------------______________________________________--<1.
(Council Member Fitzpatrick was not in the Council Chamber when the vote was
recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
PARKS AND RECREATION-DISABLED PERSONS: John Elliott, President,
Virginia Association of the Blind, Shenandoah Division, addressed Council with
regard to funding for the Therapeutic Division of Roanoke County's Parks and
Recreation V. I. P. Program for the visually impaired. He advised that the City of
Roanoke appropriates $9,800.00 per year for the Roanoke County Therapeutic
Program, $6,600.00 of which is designated for the Visually Impaired Program, and
there appears to be an inequity in funding inasmuch as 40 per cent of program
participants reside in the City of Roanoke.
Mr. Chris Smith, a participate of the Visually Impaired Program, advised that
17
the program is instrumental in arranging for and providing recreational activities for
visually impaired persons which enables them to build, develop and enlarge their
social, physical, and emotional well being. He explained that staff of the VIP
Program organize a monthly luncheon with round trip transportation, cooking
classes, ceramic classes, physical exercise walking classes, dinner/theater plays,
etc.; VIP staff assist participants on a one-on-one basis as necessary during each
class event; the program provides printed materials in an accessible format, Braille
or large print; and staff read programs for various plays and musicals at theaters
and provide a descriptive analysis throughout the event to increase the content and
meaning for visually impaired participants. In summary, he stated that the Visually
Impaired Program is a well balanced and designed recreational program in the
Roanoke area.
Ms. Velma Spangler, 2311 Crystal Spring Avenue, S. W., commended the work
of the staff under the direct supervision of Ms. Betsy Dennis.
Without objection by Council, the Mayor advised that the matter would be
referred to the City Manager for report to Council.
REPORTS OF OFFICERS:
CITY MANAGER:
DEPARTMENT OF TECHNOLOGY.CITY EMPLOYEES: The City Manager
introduced John Elie, Director of Technology.
BRIEFINGS: (See pages 21-22)
ITEMS RECOMMENDED FOR ACTION:
INDUSTRIES: The City Manager submitted a communication advising that Blue
Hills Drive, which provides access for industries located in the Roanoke Center for
Industry and Technology (RCIT), has been extended as needed to serve the various
parcels as developed; and an extension to Blue Hills Drive needs to be completed to
allow for industrial access to the remaining parcels in the RCIT.
It was further advised that Council previously adopted Resolution
No. 36296 050503 requesting that the Commonwealth Transportation Board provide
financing up to $450,000.00, on a matching basis, from the Industrial, Airport and
Rail Access Fund for final extension of Blue Hills Drive; the measure also authorized
the City Manager to execute the necessary documentation to accept funds; the
City's request was approved by the Board on September 17,2003, which approval is
of a bonded nature, and means that the City would be required to pay back any
funds received if the required development does not occur at RCIT; and an account
18
should be established to accept funds received by the City.
The City Manager recommended that Council adopt an ordinance
appropriating funds to Account No. 008-052-9632-9007 - RCIT Infrastructure
Extension, in the Capital Projects Fund, and establish a revenue estimate in the
same amount.
Mr. Dowe offered the following ordinance:
(#36535-110303) AN ORDINANCE to establish a revenue estimate and
appropriate funding for the Blue Hills Drive Extension, amending and reordaining
certain sections of the 2003-2004 Capital Projects Fund 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. 36535-110303. The motion
was seconded by Mr. Fitzpatrick and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayo r Smith ------.-------------------..---------------.-----------------------------.----------------7.
NAYS: None-----------.-.----------------------------------.--------------.----------------..------.0.
LEASES-COMMONWEALTH OF VIRGINIA BUILDING: The City Manager
submitted a communication advising that on July 1, 1985, the City began leasing
space in the Commonwealth Building, 210 Church Avenue, S. W., to the
Commonwealth of Virginia, Department of General Services/Division of Engineering
and Buildings; the Department of General Services located several departments of
the Commonwealth on the ground, first, and third floors of the property; over the
years, various departments have moved throughout the building based on space
needed; currently, the Department of Fire Programs is leasing approximately 4,800
square feet on the first floor and has determined that current space is more than is
needed; and although the current lease will expire on June 30, 2005, the Department
of Fire Programs has expressed a desire to relocate to a smaller office at a location
which is better suited for accommodating large fire safety equipment that is
periodically required to park at the site.
It was further advised that the United States General Services Administration
also leases space in the Commonwealth Building for the United States Bankruptcy
Court; The Bankruptcy Court has outgrown its space on the 2"' floor of the building
and desires to expand its operation within the Commonwealth Building; and The
Bankruptcy Court has identified space needs as being close to the size of the space
being vacated by The Department of Fire Programs.
19
It was explained that the Department of Fire Programs has requested that the
City amend the current lease agreement, reducing the total footage currently being
leased to the Department of General Services by 4,800 square feet, to enable the
Department of Fire Programs to be relocated to the newly identified office space;
The United States Bankruptcy Court has agreed to begin leasing the space upon
vacation by the Department of Fire Programs and appropriate renovation of space;
and a lease with The Bankruptcy Court will be presented to Council for approval at a
future public hearing.
It was noted that current rent paid by the Department of General Services for
space is $10.51 per square foot per year, for an annual rental amount of $50,868.40;
the General Services Administration's rental rate will be structured to recover all
costs associated with renovation of the space, with a market rate increase to base
rent; based on the loss of The Department of Fire Programs as a tenant in December
2003, countered by the gain of The Bankruptcy Court as a tenant in early 2004 with
higher rental rates, the net effect on rental revenue is expected to be neutral for
fiscal year 2004, with an increase projected for fiscal year 2005.
The City Manager recommended that she be authorized to execute the Lease
Amendment authorizing the Department of General Services to decrease the amount
of space being leased in the Commonwealth Building and permitting the Department
of Fire Programs to vacate the building, effective December 1, 2003.
Mr. Dowe offered the following ordinance:
(#36536-110303) AN ORDINANCE authorizing the amendment of an existing
lease agreement between the City of Roanoke and the Commonwealth of Virginia,
Department of General Services/Division of Engineering and Buildings, by reducing
the amount of square footage being leased in the Commonwealth Building located at
210 Church Avenue, S. W.; authorizing the release of the Lessee from a portion of
the leased premises, upon certain terms and conditions, and dispensing with the
second reading of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 68.)
Mr. Dowe moved the adoption of Ordinance No. 36536-110303. The motion
was seconded by Mr. Cutler and adopted by the following vote:
20
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
a nd Mayor Sm ith .............--.--.-..--............-..-..--.....-..-..---......-..--.-......--.------7.
NAYS: None.-..-..............-...-...-...........-..---.........-..-..-...-..-..-..--.___--{).
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE.AUDITS.FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the month of September, 2003.
Without objection by Council, the Mayor advised that the September Financial
Report would be received and filed.
REPORTS OF COMMITTEES: NONE.
UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR, VICE.MAYOR AND
MEMBERS OF CITY COUNCIL:
CITY COUNCIL.ELECTIONS: Council Member Wyatt called attention to her
campaign for the House of Delegates; whereupon, she expressed appreciation to her
opponents, Gary Bowman and William Fralin, for conducting positive political
campaigns.
CITY COUNCIL.ELECTIONS: Council Member Bestpitch called attention to the
Vaccinate and Vote Campaign through the Community Based Immunization Project.
He advised that on Election Day, November 4,2004, representatives ofthe Vaccinate
and Vote Program will be present at 27 of the City's voting precincts to provide
information on the program, and flu vaccinations will be given from 9:00 a.m. to
2:00 p.m., at Preston Park Elementary School.
21
VIRGINIA MUNICIPAL LEAGUE: Council Member Bestpitch referred to a
communication from R. Michael Amyx, Executive Director, Virginia Municipal
League, commending the City of Roanoke for its hospitality in hosting the Annual
Conference of the Virginia Municipal League on October 19-21, 2003. He advised
that pursuant to action of the Council at its 9:00 a.m. work session, the Virginia
Municipal League will be invited to return to the City of Roanoke in 2009.
ARMORY/STADIUM-ENVIRONMENTAL POLICY-ROANOKE CIVIC CENTER:
Council Member Bestpitch referred to concerns that have been raised regarding the
land on which the City plans to construct a stadium/amphitheater at Orange Avenue
and Williamson Road. He read an excerpt from a communication from Faulkner and
Flynn, Engineers, stating that, "The scope of the investigative work, the extent ofthe
City's removal and the quantitative nature of the risk analysis performed by the City
of Roanoke on this site far exceeds the general criteria for performing an
environmental assessment in accordance with industry standards. The City of
Roanoke has demonstrated with a high degree of certainty that the subject site does
not and will not pose an unacceptable risk to human health or the environment".
Mr. Bestpitch advised that according to scientific evidence, there is no health
risk associated with people who will use the stadium/amphitheater site at Orange
Avenue and Williamson Road, and no health risk to persons who live as far away as
the other side of 1-581. He stated that unless someone can produce scientific
evidence to the contrary, he will rely on the advice of experts who have spent a
considerable amount of time and effort working on the site, involving more than that
which is typically associated with an environmental assessment.
FIRE DEPARTMENT .POLlCE DEPARTMENT: The Mayor referred to questions
regarding new security alarm permit requirements ofthe City. He stated that Council
previously authorized a fee relative to false alarms under certain conditions, but he
was not aware of the provision for a $25.00 fee for the first call and $20.00 annually
thereafter.
The City Manager advised that two false alarm ordinances were adopted by
the Council, one with regard to alarms responded to by the Fire Department and a
second for alarms responded to by the Police Department, both of which contain a
registration fee for a business activity, effective January 1, 2004; therefore, the
notification and education period has commenced. She called attention to
provisions for a fee for false alarms following a certain number of false alarms within
any given calendar year, and advised that a copy of the report detailing the proposed
revisions will be forwarded to Council.
22
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard, and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
ARMORY/STADIUM: Mr. John E. Kepley, 2902 Morrison Avenue, S. E.,
inquired as to Council's reasons for voting to construct a new sports complex,
which will ultimately result in the tearing down of the present Victory Stadium; how
much do the plans for the new Bio Tech Research Center play in the Council's
decisions; how much does Carilion Health System play in the equation; does
Carilion want the land on which Victory Stadium now stands; were funds and other
benefits given to certain Council Members during past Councilmanic elections in
order to influence their votes; why did Council Member Fitzpatrick and Vice-Mayor
Harris vote to reconsider the matter; and why did Council Member Fitzpatrick and
Vice-Mayor Harris not fight to save Victory Stadium. He stated that Council Member
Dowe's vote was considered to be the swing vote, which sealed the decision for the
new complex, whereupon, he questioned whether Mr. Dowe's vote was politically
motivated. He advised that if Victory Stadium is torn down, the City will be
destroying the heritage of thousand's of Roanokers.
Mr. Robert E. Gravely, 929 Loudon Avenue, N. W., presented a document with
regard to a complete investigation for all wrong doings and that actions are taken on
behalf for the citizens and the work force. He would like to be presented by the City
to the Circuit Court and suggested that the document he submitted to the Circuit
Court.
He advised that more taxes are being imposed on the citizens of Roanoke,
people are moving out of the City, Roanoke is becoming less and less of a vibrant
city, the City spent $300,000.00 on a branding design that could have been done by
local high students for $1,000.00 - $5,000.00; and the City's work force is not
adequately compensated for their work.
COMPLAINTS-CITY GOVERNMENT: Mr. Robert E. Gravely, 929 Loudon
Avenue, N. W., appeared before Council and submitted the following request: "On
behalf of the Citizens of Roanoke and the City work force, the following have been
requested: For a Spiritual inquisition on Roanoke City Council and appointed
personnel to be present to discuss issues on how the City of Roanoke is being miss
managed and how the City Treasure is being used. A demand has been requested
for a complete investigation for all wrong doings and that actions are taken on
behalf of the citizens and the work force. That a Spiritual deposition be given to put
"Gods" salvation in place".
23
ARMORY/STADIUM: Ms. Evelyn D..Bethel, 35 Patton Avenue, N. E., referred to
the decision of Council to construct a stadium/amphitheater at the Orange Avenue
and Williamson Road site which will lead to dire economic and health consequences
for future adults and their children, because the $18 million recreation and
entertainment facility will be constructed on an incompletely tested hazardous waste
field. She stated that the proposed stadium/amphitheater site, in its entirely, has not
been tested and may not be free of all hazardous materials, yet excavation continues
by persons who are not qualified to evaluate contaminated material. She stated that
it will not take that much more time or money on the part of the City to ensure for
future generations of Roanokers that the facility is constructed on a safe and
environmentally tested site.
COUNCIL: The Mayor advised that earlier in the day, Council Members
discussed various suggestions in regard to how Council might communicate agenda
items in a better way to those citizens watching the proceedings on RVTV, Channel 3
whereupon, he invited citizens to share their suggestions for improvements.
CITY MANAGER COMMENTS:
CITY EMPLOYEES: The City Manager recommended that City offices be
closed on December 26,2003 and January 1, 2004.
Mr. Bestpitch offered the following resolution:
(36537-110303) A RESOLUTION closing certain City offices on Friday,
December 26, 2003, the day after Christmas, and Friday, January 2, 2004, the day
after New Year's; and providing for additional holiday leave for all City employees.
Mr. Bestpitch moved the adoption of Resolution No. 36537-110303. The motion
was seconded by Mr; Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
a nd Mayo r S m ith-------------------------------------------------------------------------------------------7.
NAYS: None--------------------------------------------------------------------------________________..().
At 3:05 p.m., the Mayor declared the meeting in recess for one briefing and
one Closed Session.
At 3:10 p.m., the Council meeting reconvened in the Council's Conference
Room for a briefing on boundary line adjustments with all Members ofthe Council in
attendance, Mayor Smith presiding.
24
BOUNDARY LINE ADJUSTMENTS: The City Manager advised that Roanoke
County has approached the City of Roanoke with a proposed boundary adjustment
for several properties - Vinyard Park and Rockydale Quarries; the Roanoke County
Administrator and the City Manger have discussed adjusting the boundary line
between the County and the City to benefit both jurisdictions; boundary adjustments
consist ofthe following: (1) moving 57.88 acres of Vinyard Park from the City to the
County, (2) moving 7.02 acres of land owned by Rockydale Quarries from the County
to the City, and (3) moving approximately 38 acres of land associated with the
Roanoke Regional Water Pollution Control Plant from the County to the City.
Vinyard Park - Roanoke County owns two parcels of land located within
City boundaries; the two parcels are in the area that is used by the
County as a public park and soccer field (Vinyard Park); and adjusting
the boundary line for the 57.88 acres places the Vinyard Park parcels
within Roanoke County, thus consolidating the park land within one
municipality.
Rockydale Quarries - The bulk of the Rockydale Quarries facility is located in
the City, 4754 Old Rocky Mount Road; however, as the result of an exchange
transaction with the Parkway several years ago, Rockydale Quarries acquired a 7.2
acre parcel of land which is located within Roanoke County; in this portion of the
Valley, the Parkway serves as the dividing line between the City and the County; the
boundary adjustment would, in effect, establish the Blue Ridge Parkway as the
dividing buffer between the City and the County, as well as consolidate Rockydale
Quarries Corporation facility property within one municipality.
Mr. Bestpitch advised that he did not object to the recommendation of the City
Manager; however, he did not understand some of the verbiage in the
communication which could reappear in some form as the process moves forward.
In regard to Rockdale Quarries, he stated that the communication states that," in this
portion of the valley the Parkway serves as a dividing line between the City and the
County", which is confusing because the City's boundary does not extend all the
way down to the Parkway. Therefore, he stated that it would appear that some
clarification is in order.
Mr. Fitzpatrick cautioned that Norfolk Southern should be used on all..
documents in lieu of Norfolk and Southern Railroad.
The Mayor spoke to the importance of open communication with the citizens
of the above referenced areas.
25
The Mayor inquired if there were objections by Council to the proposal
presented by the City Manager, to which no Member of Council expressed a concern
or objection.
At 3:30 p.m., the Council convened in Closed Session in the Council's
Conference Room.
At 3:45 p.m., the meeting reconvened in the Council Chamber, with all
Members of the Council in attendance, Mayor Smith presiding.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Fitzpatrick
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. Dowe and adopted by the following vote:
AYES: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick, Harris, Wyatt,
and Mayo r Smith ---------...---------------------"-----------.-----------------------------..-----------__.. 7.
NAYS: None...-----------.....-----------------.----------------------------..------------.-----------Cl.
COMMITTEES-LIBRARIES-OATHS OF OFFICE: The Mayor advised that there
is a vacancy on the Roanoke Public Library Board created by the death of Betty B.
Parrott, for a term ending June 30, 2006; whereupon, he opened the floor for
nominations.
Mr. Fitzpatrick placed in nomination the name of Sam G. Oakey, III.
There being no further nominations, Mr. Oakey was appointed as a member of
the Roanoke Public Library Board to fill the unexpired term of Betty B. Parrott,
deceased, ending June 30, 2006, by the following vote:
FOR MR. OAKEY: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
H a rri s, Wyatt, a nd Mayor Smith ..------------....-------......-----.-...---------..-------.....------7.
COMMITTEES.YOUTH: The Mayor advised that there is a vacancy on the
Youth Services Citizen Board; whereupon, he opened the floor for nominations.
Mr. Fitzpatrick placed in nomination the name of Juan D. Motley.
There being no further nominations, Mr. Motley was appointed as a member of
26
the Youth Services Citizen Board, for a term ending May 31, 2006, by the following
vote:
FOR MR. MOTLEY: Council Members Bestpitch, Cutler, Dowe, Fitzpatrick,
Harris, Wyatt and Mayor Smith...........................................----------------------------7.
At 3:50 p.m., the Mayor declared the meeting in recess until Friday,
November 14, 2003, at 12:00 noon, at the Salem Civic Center, Parlor C,
1001 Boulevard, Salem, Virginia, for the Regional Leadership Summit with General
Assembly Representatives.
The City Council meeting reconvened on Friday, November 14, 2003, at
12:00 noon at the Salem Civic Center, Parlor C, 1001 Boulevard, Salem, Virginia, for
a meeting of representatives of the Regional Leadership Summit.
PRESENT: Council Member Alfred T. Dowe, Jr., and Mayor Ralph K.
Smith-----------........-....-----.------------------------..------------------------------.-......-------------2.
ABSENT: Council Members William D. Bestpitch, M. Rupert Cutler, Beverly T.
Fitzpatrick, Jr., C. Nelson Harris and Linda F. Wyatt----------------.-.......-------------------5.
OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Sheila N.
Hartman, Assistant City Clerk.
Also present were: Senator John S. Edwards, Senator-elect J. Brandon Bell,
Delegate H. Morgan Griffith, Delegate Ward L. Armstrong, Delegate-elect William H.
Fralin, Jr.; Wayne G. Strickland, Secretary, Fifth Planning District Regional Alliance;
and members of City Councils/Boards of Supervisors and staff of the following
localities: Alleghany County, Botetourt County, Franklin County, Roanoke County,
City of Covington, City of Roanoke, City of Salem, Town of Clifton Forge, Town of
Rocky Mount and Town of Vinton.
Wayne G. Strickland, Secretary, Fifth Planning District Regional Alliance,
congratulated members.elect to the General Assembly, and referred to the Regional
Legislative Agenda as follows:
27
EDUCATION: Joeseph McNamara, Chairman, Roanoke County Board of
Supervisors, stated that the General Assembly should fully fund the Standards of
Quality (SOQ's), and that the Commonwealth has an obligation to fund the Standards
of Quality on the basis of realistic costs - - reflecting actual educational practices to
include capital, operating and maintenance costs.
TAXING AND FUNDING: Mayor Carl E. "Sonny" Tarpley, Jr., City of Salem,
stated that the General Assembly should eliminate the distinction in taxing authority
of Virginia's cities and counties; counties should possess the same authority as
cities to levy taxes on tobacco products, lodging, meals and admissions; the Tax
Commission has recommended elimination of the distinction in taxing authority; and
the General Assembly should not limit or restrict existing local revenue sources.
W. Wayne Angell, Chairman, Franklin County Board of Supervisors, stated that
the Commonwealth should to move aggressively to reform its tax system, inasmuch
as two study commissions have been established to examine the problem offunding
state and local governments, without any major movement toward tax reform. He
further stated that a new Tax Code Study Commission was recently established, the
General Assembly should encourage the Commission to complete its work and act
on the Commission's recommendations to ensure that Virginia's tax system is fair
and aligns service delivery responsibilities with revenue sources at the state and
local level. He added that Franklin County collected real estate and personal
property taxes of approximately $21.5 million, but the amount did not equal their
local allocation for schools of $23,028,000.00. He expressed Franklin County's
willingness to be of assistance in working through the difficult task of tax reform.
Mayor Temple L. Kessinger, Jr., City of Covington, stated that funding for
Virginia's Regional Competitiveness Program (RCP) was eliminated in 2002, and the
General Assembly should to fund this important program. He further stated that the
Commonwealth established the RCP in 1996 and more than 227 regional projects
throughout Virginia have been supported by RCP funds, each dollar being leveraged
with $19 of non-state funds; and that Roanoke Valley-Alleghany region RCP funds
have been used to support regional industrial parks, workforce
development/education, tourism and infrastructure development.
28
LOCAL AUTHORITY: Mayor Kessinger stated that the General Assembly
should not pass legislation that takes away local government authority over land use
issues; for example, legislation may be considered in an upcoming session that will
require manufactured housing to be permitted "by right" in all residential zoned
districts, and such legislation would directly affect the power of local councils and
boards to control land use in their communities. He further stated that each locality
should make decisions based upon what is best for their locality and encourage
legislators to leave land use decisions to the individual localities.
TRANSPORTATION: Stephen P. Clinton, Chairman, County of Botetourt,
stated that the General Assembly should require VDOT to identify a funding
mechanism to expedite the widening improvements to 1-81, inasmuch as 1-81 is the
economic lifeblood of Western Virginia and improvements to the highway will
enhance safety and promote the economy of this region; communities in Western
Virginia cannot wait 40-50 years for widening of 1-81 to take place since the area of I-
81 in Botetourt County is considered to be one of the deadliest stretches of
roadway, with 19 lives having been lost in 2001 alone. He stated that North Carolina
intends to widen 1-95 at a cost $3 billion and will use tolls to help offset the cost,and
the project will create a large number of jobs in that area. He further stated that he
was aware that resolutions have been adopted by local jurisdictions supporting the
rails initiative, but economic and technological benefits have yet to be proven, and
requested that legislators not loose sight of the capacity and safety needs of 1-81. In
addition, he stated that the General Assembly should fund the Smart Road with
funds other than those allocated for the Salem Transportation District, since this
highway facility represents an economic benefit for the entire Commonwealth and
the nation and, as such, should not come solely from this region's highway
allocation.
Mayor Ralph K. Smith, City of Roanoke, stated that the Commonwealth should
plan for development of rail freight along 1-81 to complement the widening of the
interstate, with the purpose of moving a large volume of the long-distance freight
traffic from trucks to freight trains on dual high-speed rails parallel to 1-81; the
General Assembly should fund implementation of passenger rail service in the
Roanoke to Bristol corridor; and rail service would provide a good multi-modal
addition to highways and airports currently serving the region. He stated that
localities are in favor of both freight and passenger rail service in the area, but this
initiative should not slow down the improvements to 1-81. He further stated that
29
localities want their fair share of funding from state government; and tax
restructuring could be achieved by all localities agreeing to be revenue neutral and
becoming more efficient in the tax system. He mentioned that AirTran has a website
and requests input from citizens as to where they would like air service next, and
requested that interested parties go to the website and type "Roanoke" in the "other"
category.
Mayor Donald L. Davis, Town of Vinton, stated that localities need help on
important issues of the region and requested that they be given the authority to do
their jobs and the funds to serve their citizens; and asked that legislators proceed to
get things accomplished and to work together as a team to bring funds and
improvements to the western part of the state.
COMMENTS BY LEGISLATORS:
Senator John S. Edwards stated that the Governor has advised that there
needs to be an additional $525 million added to public education to stay even;
$1 billion of new money is needed in the bi-annual budget to stay even; colleges
need $397+ million to make up for erosion of state funding; the state is not investing
as it should to ensure prosperity; the state is in the worst fiscal crisis since World
War II, and the General Assembly is not responding as it should; 34 jurisdictions
agree that improvements need to be made to 1-81, in addition to rail initiatives; a Bill
will be considered creating an authority to study transportation issues; the cost of
freight rail service could be offset by a surcharge on freight; freight rail service
would reduce the number of large trucks on 1-81 which start in one state and end in
another, making Virginia a "bridge state", and these trucks do nothing for Virginia's
economy.
Senator-elect J. Brandon Bell requested that representatives of various
localities provide information to him by December 17, 2003, inasmuch as the budget
must be presented to the General Assembly on December 20, 2003; he expects to
receive considerable information and requests feed back from representatives as
quickly as possible; he will make a reserved judgment in considering issues brought
to the General Assembly that might be beneficial or detrimental to Southwest
Virginia; and he will try to align himself with committee assignments that are open to
him, especially a seat on the Transportation Committee, so as to maintain the
balance that previously existed with representation throughout the state.
Delegate H. Morgan Griffith referred to the handout setting forth the calendar
for reviewing bills and stated that he supports streamlining the process for
reviewing bills introduced to the General Assembly, and reducing the number of bills
from 3,200 to about 2,800 bills per year. He cautioned that there will be challenging
years ahead; inflation is an issue; the budget has grown in ten years from under
$30 billion to about $52 billion; a downturn in the economy changed funding
30
projections; and he supports re-benchmarking the SOQ's. He stated that he
supports a rail component, but not at the abandonment of widening 1-81, as
population growth demands improvements; freight rail service will help address the
problem of freight trucks traveling from Georgia to New York, but Virginia is also an
important distribution state, and local trucking companies cannot be overlooked. He
further stated that there is a watch list and he does not want to create too many
authorities that will not have the full faith and credit of the Commonwealth behind
their bonds, wherein could cause the loss of AAA bond rating; he is not in
immediate agreement concerning passenger rail service in the Roanoke Valley, but
as a realist, he knows that there must exist a society and a population mass within
the corridor being served by the rails to make it feasible and, for business reasons,
he would place the matter on the back burner until it is shown that there will be
enough support to make passenger rail service in the area feasible. He added that
another problem is the taxing authority for cities and counties, rural counties do not
operate the same as cities, for example, VDOT takes care of snow removal for
counties, but cities must remove and pay for their own snow removal. He agreed
that taxing authority must be reviewed as a comprehensive package and suggested
that representatives via the Internet, to watch for bills that may affect their localities,
to familiarize themselves with the bills and to contact him as soon as possible so
that amendments may be submitted as bills are considered and voted upon; and
requested that representatives use the direct telephone line to his office rather than
the toll free number.
(For full text, see Joint Rules Committee Calendar for the balance of 2003 and for the
2004 General Assembly Session on file in the City Clerk's Office.)
Delegate Ward L. Armstrong stated that the SOQ's are grossly underfunded;
1-81 improvements will be a tough fight; the Southwestern Virginia delegation to the
General Assembly must begin to think and work regionally because delegates from
the Northern Virginia, Tidewater and Richmond areas make up 75% of the total
number of delegates; the Governor's tax reform plan will soon be unveiled and some
localities will gain and some will loose; $1 billion must be cut from the budget in
addition to the $5 billion which was previously cut, making a total of $6 billion to be
cut over a period ofthree years, with all cuts coming from non-education areas; and
it is not believed that significant relief will come from the General Assembly;
however, with the economy appearing to be turning around, state revenues may
begin to change by January 2005. He further stated that while Virginia is a low tax
state, the temptation to raise taxes, as well as to lower taxes, should be resisted; the
situation with 1-81 must be addressed inasmuch as it is the most dangerous roadway
in the Commonwealth of Virginia and perhaps the nation; he does not foresee
sufficient funds being made available in the next two years to address the rail issue;
and he looks forward to working with area delegates for the betterment of Southwest
Virginia.
31
Delegate-elect William H. Fralin,Jr. stated that he is excited about the
opportunity to work with other representatives in the district; area representatives
must stick together on issues, considering the influence of Northern Virginia; he
would like to work in partnership with other legislators for the benefit of
Southwestern Virginia and.to address cultural issues affecting the area; he looks at
this area of Virginia as the "Southwest Virginia Team", representing and working for
the same citizens; and requested that citizens contact him at his direct telephone
number (540) 776-7499.
OTHER BUSINESS/ANNOUNCEMENTS:
Mr. Strickland stated that there will be a Mayors and Chairs meeting in.
December, 2003, at a date and location to be announced at a later date.
There being no further business, the Mayor declared the meeting of Roanoke
City Council adjourned at 1:45 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
32
CITY OF ROANOKE
OFFICE OF THE MAYOR
RALPH K. SMITH
Mayor
215 CHURCH AVENUE, S.w.. ROOM 452
ROANOKE. VIRGINIA 24011-1594
TELEPHONEo (540) 853-2444
FAX: (540) 853-1145
December 15, 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,
q~e
Ralph K. Smith
Mayor
RKS:snh
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
December 17, 2003
File #110-318
Teresa I. McDaniel, Secretary
Advisory Board of Human Services
Roanoke, Virginia
Dear Ms. McDaniel:
This is to advise you that Louis O. Brown has qualified as a member of the Advisory
Board of Human Services, for a term ending November 30,2007.
Sincerely, ./J
~~ Jr~k-
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Louis O. Brown, 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 Advisory Board of Human Services for a term
ending November 30, 2007, according to the best of my ability (So help me God).
cY~/oj?~-/
Subscribed and sworn to before me thidKl day of f)ee-- 2003.
ARTHUR B. CRUSH, III, CLERK
BY
fJ~
~ CL~RK 0
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
December 17, 2003
File #15-110-230
Judith M. St. Clair, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. St. Clair:
This is to advise you that Sandra K. Brunk has qualified as a member of the Roanoke
Arts Commission, for a term ending June 30, 2006.
S~~JP~
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, SANDRA K. BRUNK, 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).
~L'l'ifA'A~1- { D/uunM
Subscribed and sworn to before me this 3td day of ;t(,/ 2003.
ARTHUR B. CRUSH, III, CLERK
BY dn?tl~' I 1
, crr11~1
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 17, 2003
File #15-110-230
Judith M. St. Clair, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. St. Clair:
This is to advise you that Terri R. Jones has qualified as a member of the Roanoke Arts
Commission, to fill the unexpired term of Michael Brennan, ending June 30, 2004.
n~j.P~
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, TERRI R. JONES, do solemnly swear (or affirm) that I will support the Constitution
ofthe 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 to fill the unexpired term of Michael
Brennan, ending June 30, 2004, according to the best of my ability (So help me God).
~ ~...~
~c-
(
Subscribed and sworn to before me this q ~ day o~.
2003.
ARTHUR B. CRUSH, III, CLERK
, CITY CLERK
18
..
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church A venue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@cLroanoke.va.us
STEPHANIE M. MOON
Depnty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 17, 2003
File #110-467
Dr. Robert Sandel, President
Virginia Western Community College
P. O. Box 14007
Roanoke, Virginia 24038-4007
Dear Dr. Sandel:
This is to advise you that William M. Hackworth has qualified as a member of the
Virginia Western Community College Board of Directors, to fill the unexpired term of
Michael F. Urbanski, resigned, ending June 30, 2007.
s7\.... .JjJ ~
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, WILLIAM M. HACKWORTH, 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 Virginia Western Community College Board of
Directors to fill the unexpired term of Michael F. Urbanski, resigned, ending June 30, 2007,
according to the best of my ability (So help me God).
~'vlL.: h ~
Subscribed and sworn to before me this 2 .J"day of"'b'it't...~.,L 2003.
ARTHUR B. CRUSH, III, CLERK
BVJ2 W\.e Co",,,,)
]xpv-i--r
,jA1Y 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
December 17, 2003
File #110-51
Rebecca J. Cockran, Secretary
Board of Zoning Appeals
Roanoke, Virginia
Dear Ms. Cockran:
This is to advise you that Philip H. Lemon and Joel W. Richert have qualified as members
of the Board of Zoning Appeals, for terms ending December 31,2006.
Sincerely, ()
n ~ .J.Ta...-/~J-
Mary F. Parker, CMC
City Clerk
MFP:ew
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, PHILIP H. LEMON, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Board of Zoning Appeals for a term ending
December 31,2006, according to the best of my ability (So help me God).
y~. ~l- --e~
Subscribed and sworn to before me this l day of ~ <? '-- 2003.
ARTHUR B. CRUSH, III, CLERK
BY
'r7 ~~..-
~LERK
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, JOEL W. RICHERT, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Board of Zoning Appeals, for a term ending
December 31,2006, according to the best of my ability (So help me God).
&1J.Id'~
Subscribed and sworn to before me this ~ day of ~H
2003.
ARTHUR B. CRUSH, III, CLERK
,
III
~RK
BY
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
December 16, 2003
File #60-121-123
The Honorable George M. McMillan, Sheriff
P. O. Box 494
Roanoke, Virginia 24003
Dear Sheriff McMillan:
I am attaching copy of Resolution No. 36563-121503, concurring in the establishment by
the Sheriff of an Inmate Fee Program pursuant to 953.1-131.3, code of Virginia (1950), as
amended, approving four (4) full-time deputy sheriff positions needed within the jail and jail
annex, beginning January 1,2004, and continuing from year to year so long as the Inmate
Fee Program is operated by the Sheriff.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
f\'~lP~
Mary F. Parker, CMC
City Clerk
MFP:ew
George M. McMillan, Sheriff
December 17, 2003
Page 2
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
Sherman M. Stovall, Acting Director, Office of Management and Budget
Kenneth S. Cronin, Director of Human Resources
-.,J~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36563-121503.
A RESOLUTION concurring in the establishment by the Sheriff of an Inmate Fee
Program pursuant to 953.1-131.3, Code of Virginia (1950), as amended, and approving four (4)
full-time deputy sheriff positions needed within the j ail and j ail annex, beginning January 1,
2004, and continuing from year to year so long as the Inmate Fee Program is operated by the
Sheriff.
WHEREAS, during the 2003 Session of the General Assembly, 953.1-131.3, Code of
Virginia (1950), as amended, was enacted and provides that "any sheriff or jail superintendent
may establish a program to charge inmates a reasonable fee, not to exceed $1.00 per day, to
defray the costs associated with the prisoners' upkeep," and the Sheriff is desirous of
establishing such program;
THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke, as follows:
I. City Council hereby concurs in the establishment by the Sheriff of an Inmate Fee
Program pursuant to 953.1-131.3, Code of Virginia (1950), as amended, to defray the costs
associated with the prisoners' upkeep.
2. City Council hereby approves the addition of four (4) deputy sheriff positions,
needed within the jail and the jail annex, beginning January 1, 2004, and continuing from year to
year so long as the Inmate Fee Program is operated by the Sheriff.
ATTEST:
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
December 17, 2003
File #60-121-123
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36562-121503 amending and reordaining certain
sections of the 2003-2004 General Fund Appropriations, in connection with appropriation
of $70,052.00 related to the Inmate Fee Program at the City Jail, effective January 1,2004.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday December 15, 2003, and is in full force and
effect upon its passage.
SAY~ ;.L
Mary F. Parker, CMC
City Clerk
MFP:ew
Jesse A. Hall
December 17, 2003
Page 2
pc: The Honorable George M. McMillan, Sheriff
Darlene L. Burcham, City Manager
Sherman M. Stovall, Acting Director, Office of Management and Budget
Kenneth S. Cronin, Director of Human Resources
~>
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No. 36562-121503.
AN ORDINANCE appropriating funds for additional deputy sheriff positions and
establishing a new fee for the care of prisoners at the Jail, amending and reordaining
certain sections of the 2003-2004 General Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2003-2004 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Regular Salaries
VRS Retirement
FICA
Revenues
Prisoner Care Fee
001-140-3310-1002
001-140-3310-1110
001-140-3110-1120
$ 59,042
6,494
4,516
70.052
001-110-1234-1379
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.
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue. S.W.
Noel C. Taylor Municipal Building, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 15, 2003
Council Members:
William D. Bestpitch
M. Rupert Cutler
Alfred T. Dowe, Jr.
Beverly T. Fitzpatrick, Jr.
e. Nelson Harris
Linda F. Wyatt
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
We jointly sponsor a request of The Honorable George M. McMillan, Sheriff, City
of Roanoke, to address Council with regard to establishment of an Inmate Fee
Program for FY 2004 in connection with House Bill 2765 at the regular meeting of
City Council on Monday, December 15, 2003.
Sincerely,
c. LA...~ d( 6 .~
ouncil Member
CNH/ATD:snh
c: City Attorney
Director of Finance
City Clerk
Major James M. Brubaker
Chief Deputy
(540) 853-2056
Captain Glenn E. Billingsley
Jail Security Commander
(540) 853-1750
of t4~ ~J:
t\,\(,t .!-P~ '
@~ If)-
Sheriff George M. McMillan
P.o. Box 494
Roanoke. VA 24003
(540) 853-2941 Fax (540) 853-5353
E-mail: sheriff@ci.roanoke.va.us
Internet: http://www.roanokegov.com
December 15, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice-Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Background:
Captain Paul D. Barrett
Court Services Commander
(540) 853-2580
Captain David F. Cox
Services Commander
(540) 853-1821
During the 2003 session the Virginia General Assembly passed legislation which added
section 53.1-131.3, "Payment of costs associated with prisoner keep." This legislation states
"any Sheriff or jail superintendent may establish a program to charge inmates a reasonable fee,
not to exceed $1.00 per day, to defray the costs associated with the prisoners' keep. The Board
shall develop a model plan and adopt regulations for such program, and shall provide assistance,
if requested, to the Sheriff or jail superintendent in the implementation of such program. Such
funds shall be retained in the locality where the funds were collected and shall be used for
general jail purposes."
1 was selected by the Board of Corrections to sit on the committee which was responsible
for the development ofthe model plan as stated in the above code section. In doing so, I wanted
to ensure that the funds received were maintained by the locality strictly for jail purposes. It is
my desire to implement this program and based upon Fiscal Year 2002-03, we have the potential
of collecting $225,240.00 from this program, on an annual basis for the jail. A copy of the
model plan which was adopted for this program is attached.
It is my intent to use the revenue generated from this program to fund four (4) full-time
deputy sheriff positions which are needed within the jail and jail annex. The annual cost for
funding these four (4) positions would be $140,104. The Fiscal Year 2004 cost for the half year
is $70,052.
~
A NATIONALLY ACCREDITED SHERIFF'S OFFICE
nr~,
,iIiS~
,.
Recommendation:
City Council authorize the Director of Finance to establish a revenue estimate in the
amount of$70,052 for FY 2004 for the Inmate Fee Program.
City Council authorize the addition offour (4) deputy sheriff positions beginning January
1, 2004 and continuing from year to year so long as the Inmate Fee Program is operated by the
Sheriff and appropriate funding to the following expenditure accounts:
Regular Salaries (001-140-3310-1002)-
VRS Retirement (001-140-3310-1110)-
FICA (001-140-3310-1120)-
$59,042
$ 6,494
$ 4,516
Sincerely,
~ /t7/J'J!/l?~
George M. McMillan
Sheriff, City of Roanoke
GMM
C: Mary F. Parker, City Clerk
Darlene Burcham, City Manager
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
C003-00005
COMMONWEALTH of VIRGINIA
GENE M. JOHNSON
DIRECTOR
Department of Corrections
September 26, 2003
P. O. BOX 26963
RICHMOND, VIRGINIA 23261
IB041 674.3000
MEMORANDUM
TO:
Sheriffs, Superintendents and Administrators of Local and Regional Jails
Joseph W. Hagenlocker ~
Manager, Compliance and Accreditation U' -
From:
Subject:
House Bill 2765 - Model Plan
On September 17, 2002, the Board of Corrections approved the attached model plan.
Board Chairman Hester asked that I advise you accordingly. The plan is provided as a
guide if you elect to adopt this program. The development of appropriate standard (s) or
the inclusion to existing standard (s) as it relates to this program will be accomplished in
the next several months and moved through the appropriate administrative approval
process.
If you have any questions, feel free to contact Mr. Ron Elliott, Ms Donna Lawrence or
myself.
Cc: ~;ay Hester, Chairman, Board of Corrections
Mr. Gene Johnson, Director, Department of Corrections
Ms. N. H. Scott, Deputy Director, Department of Correction
Introduction
The 2003 session of the Virginia General Assembly passed House Bill 2765
which became law effective July 1, 2003. Tills legislation amended the Code ofVircinia
by adding a section numbered 53.1-131.3 as follows:
Any sheriff or jail superintendent may establish a program
to charge inmates a reasonable fee, not to exceed $1. 00 per day, to
defray the costs associated with the prisoners' keep. The Board shall
develop a model plan and adopt regulations for such program, and shall
provide assistance, if requested, to the sheriff or jail superintendent in
the implementation of such program. Such funds shall be retained in
the locality where the funds were collected and shall be used for
general jail purposes.
In compliance with the requirement of House Bill 2765 that the Board of
Corrections develop a model plan for such a program, a committee of Sheriffs, Jail
Administrators, Board of Corrections members and Department of Corrections staff was
organized. A literature review and interviews with aclministrators of similar programs
throughout the country were conducted. The Macomb County, Michigan Jail in 1985,
developed the first fee charging payment of costs associated with prisoners' keep
program. Base fees are from $6.00 to $56.00 with annual revenues exceeding $200,000.
The committee could not find any successful litigation challenging the implementation of
such fees.
The result of this research has been the development of a model plan to help guide
Virginia Sheriffs or Superintendents who elect to establish a program to charge in-house
inmates a reasonable fee, not to exceed $1.00 per day, to defray the costs associated with
the prisoners' keep.
Program Components
Based upon a review of existing programs in the nation and Virginia's medical
copay program the following components are considered essential for successful
implementation of programs charging fee for prisoners' keep programs:
1. Written policy and procedure, unless federal contract precludes, which
addresses items such as fee amount, inmate orientation and notification,
payment procedures and accounting procedures, and which, if any inmates are
exempted;
2. Development of administrative forms; and
3. Staff training for security and administrative personnel.
Model Plan
Upon the commitment of an inmate to jail, intake processing should include the
issuance of a written statement informing the inmate of the fee for prisoners' keep
program and method of payment. Orientation should include all pertinent information
on fees and program areas. Inmate's signature should be required to document
notification.
If the release date and the date of arrival are within 24 hours, the inmate shall be
charged only the equivalent of one day's fee.
Whenever-llniIllD8.tehasbeencoogecnlie prisoner's-lceep fee,tlie-aeauction-shaUuu--
be reflected on the inmate's account. Should the inmate have no funds, then the
account may be debited until funds are available.
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
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
December 15 2003
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Gregg Lewis, member of the Board of
Directors of The Arts Council of the Blue Ridge, in which he will be thanking City
Council for their support of The Arts Council's "Downtown-This Is Living!" at the
regular meeting of City Council on Monday, December 1, 2003.
Darlene L. Burc
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
to[)V-20-2003 03: 33P FRCI'1: TIE ART5 COUi'CIL OF 5403425720
TO: 98531138
P:2/2
the~.
~il
of the. blue ridge
November 20, 2003
Ms. Darlene Burcham
City Manager
City of Roanoke
215 Church Avenue, SW
Roanoke,VA 24017
Dear Darlene:
Gregg Lewis, member of the Board ofD~ors of1'be Arts CoWICilofthe Blue Ridge
and Co-Chair of "Downtown -- This Is Living!," requests the opportunity to appear
before Roanoke City Council to thank them for the City's SUpport of The Arts Council's
"Downtown __ This. Is Living!." This walking tour of residential spaces in downtown
Roanoke was held on October i 8 & 19, 2003. Gregg wisheS to briefly relate the event's
success and how it brought over 1500 people to experience the vitality {)f downtown.
If you have questions or concerns please call me at 342-5790. Thank you for the
opportunity to work with the City 6fRoanoke.
Si1Y,
<::::d~
sdanJcnnings
Executive Director
The Arts Council of the Blue. Ridge. 20 East Church Av(-nue . Roanoke, Virginia. 2401.1 . 540-342~5790 . www.theartscou.ncil.org.info@~he~uncil.org.
.
.
s.c.
'.
Remarks to the Roanoke City Council
Sheri Bernath, Roanoke City representative on the
Blue Ridge Behavioral Healthcare Board of Directors
December 15, 2003
Good afternoon Mr. Mayor and Members of Council. My name is Sheri
Bernath, and I serve as one of your three appointed representatives to
the Board of Directors of Blue Ridge Behavioral Healthcare. I am here
today along with Jim Sikkema, our Executive Director, to say thank you
and to talk about some of the services Blue Ridge staff provided to city
residents during our last fiscal year. The report we submitted for your
review mentions several of our programs and a few success stories. It
includes a table of facts and figures specifically about Roanoke services.
I hope you will take an opportunity to read it all. If you'll permit me, I'd like
to highlight a few key points:
In FY 2003, Blue Ridge Behavioral Healthcare staff delivered 327,183
units of our various services to 12,716 Roanoke residents. The cost to
Blue Ridge to provide those services was $11,486,332. The City's local
tax contribution to our agency's operations was $409,428. That means
that Roanoke residents received $28.05 worth of services for each tax
dollar allocated to their Community Services Board.
Here are just a few of the ways Blue Ridge works every day for residents
of the City of Roanoke:
.:. Prevention services operated after-school clubs at six neighborhood
sites, provided conflict mediation training for students and faculty of all
six middle schools, and provided student support groups at six
schools.
.:. Project LINK served 76 women with a substance use disorder who
were pregnant or parenting young children, and provided case
management to 48 of their children. An additional 22 women received
education, referral and follow-up services after the birth of their child.
.:. 133 city residents were detoxified and stabilized at the Shenandoah
Recovery Center under a Temporary Detaining Order, eliminating
psychiatric hospitalization for these dually diagnosed clients.
.:. Three Roanoke City residents have participated in Hegira House's
Transitional Therapeutic Community contract with the Department of
Corrections. These residents completed a penitentiary sentence that
included substance abuse treatment, and were transferred to Hegira
to complete their sentence and transition back into the community as
productive citizens.
.:. Our Children's Day Treatment Program continued to provide services
on-site at four locations: Highland Park, Lincoln Terrace and RAMS
Elementary Schools and Addison Middle School. In total, 77 children
received services to help maintain them in the public school system.
.:. Intensive In-home Services were provided to 46 children. This service
is for families who have children at-risk for out-of-home placements
such as foster care, acute hospitalizations, residential treatment, and
detention.
.:. Our Case Managers worked with 409 Roanoke City consumers who
have mental retardation and 1,009 individuals with a serious mental
illness, providing a total of 38,941 hours of service through our Adult
Resource Management components.
Last year at this time we talked with you about the Governor's plans to
reconfigure the public system of care for the mentally disabled. All this
past year we have been working with senior staff in the Department of
Mental Health, Mental Retardation and Substance Abuse Services in
Richmond on this restructuring process. And at the local level we have
met intensively with senior managers from Catawba Hospital, Carilion
Health System, and the Lewis-Gale Medical Center. We are hopeful that
these healthcare partners, working alongside our advocates - the Mental
Health Association, the Alliance for the Mentally III, and the Roanoke
Valley Alliance for Children - will in the near future bring about long
needed and positive changes in our system of care, locally and all across
the Commonwealth. We will keep you apprised of the impact of these
changes as they become finalized.
As you know, Blue Ridge is experiencing increased demand for services
while, at the same time trying to manage reductions in funding. When we
submit our local funding request to you for FY 2005, it will be with the
recognition that Virginia's budget crisis has had long-lasting effects. We
.
.
trust that the City of Roanoke will continue to support us financially to the
best of its ability. And we pledge to continue providing the best services
we can to those citizens who need us most.
If I may take just another minute, I'd like to comment on another matter
of great importance to Blue Ridge, and I expect to the City as well, and
that is our progress with the renovation of the Burrell Center. Things are
really moving along now toward completion of the project this winter, and
it's going to be wonderful.
Our pledge to the community and to our benefactors when the gift of
Burrell came to us was to "do it right". It was extremely important to us
that whatever we did would respect its history, would preserve its
architectural integrity, and would give it renewed vigor for many years to
come. Working closely with preservation consultants, we have been
successful in having Burrell placed on both the Virginia and National
Registers of Historic Places. We have worked with people in the
neighborhood to minimize disruption of their daily lives as we build this
dream. We are planning our transition from multiple sites to a single
location where a variety of service needs can be met for many of our
consumers. We hope this will happen in February.
In closing, let me say that the Board of Directors and Staff of Blue Ridge
value the good working relationships we enjoy with the officials of the
City of Roanoke and the agencies and city departments we partner with
to provide quality services to our citizens. Thank you for your support of
our agency and its mission.
BLUE RIDGE
BEHA VIORAL HEAL THCARE
MISSION STATEMENT
The mission of Blue Ridge Behavioral Healthcare
is to support and promote the health, independence and
self-worth of individuals and families impacted by
mental illness, mental retardation and substance abuse
by providing quality, community-based services
that are responsive to the individual's needs.
Report to the City Council of the
City of Roanoke
December 15, 2003
Blue Ridge Behavioral Healthcare
Prooram Hiohliohts - City of Roanoke
July 1, 2002 - June 30, 2003
This report is offered to provide you with information specific to our
involvement with citizens of Roanoke. We cover that in the next few
pages. But we also want to call your attention to our website,
www.brbh.org, which we hope you will visit for a more comprehensive
look at our agency and the scope of our work throughout the Roanoke
Valley.
In fiscal year 2003, Blue Ridge Behavioral Healthcare staff delivered
327,183 units of our various services to 12,716 Roanoke residents. The
cost to Blue Ridge to provide those services was $11,486,332. The
City's local tax contribution to our agency's operations was $409,428.
That means that Roanoke residents received $28.05 worth of services
for each tax dollar allocated to their Community Services Board.
The following are examples of how Blue Ridge is working for residents of
the City of Roanoke:
Prevention. Assessment and Counselina Services is the single
gateway to agency services, crisis response, comprehensive
assessment, and short-term interventions for all mental disabilities. This
Department is also home to the agency's prevention services
component.
.:. The Regional Deaf Services Coordinator has provided consultation
and crisis counseling on-site at Virginia Heights Elementary School to
two students, supporting the schools in maintaining both students in
the city school system.
.:. Prevention services has operated after school clubs at six
neighborhood sites, provided conflict mediation training for students
and faculty of all six middle schools, and provided student support
groups at six schools.
.:. Project LINK served 76 women with a substance use disorder who
were pregnant or parenting young children, and provided case
management to 48 of their children. An additional 22 women received
education, referral and follow-up services following the birth of their
child.
.:. 133 city residents were detoxified and stabilized at the Shenandoah
Recovery Center under a Temporary Detaining Order, eliminating
psychiatric hospitalization for these dually diagnosed clients.
.:. Three Roanoke City residents have participated in Hegira House's
Transitional Therapeutic Community contract with the Department of
Corrections. These residents have completed a penitentiary sentence
that included involvement in substance abuse treatment, and were
transferred to Hegira to complete their sentence and successfully
transition into the community.
Child and Familv Services provides a continuum of early intervention,
therapeutic services and supports for families with children who are at
risk of developing or who have serious emotional disorders, mental
retardation and substance use disorders.
.:. The Day Treatment Program continued to provide day treatment
services on-site at four locations: Highland Park, Lincoln Terrace and
RAMS Elementary Schools and Addison Middle School. In total, 77
children were served. These services help to maintain children in the
public school system.
.:. Intensive In-home Services were provided to 46 children. This
program provides treatment to families who have children at-risk for
out-of-home placements such as foster care, acute hospitalizations,
residential treatment, and detention.
.:. Outpatient services for Seriously Emotional Disturbed (SED) and
Substance Abusing (SA) children, adolescents are provided off-site
within the school systems at the Roanoke Adolescent Teen Health
Centers at Patrick Henry and William Fleming/Ruffner Schools.
Community Support Services is the Department that provides the
necessary services and supports to consumers with long-term mental
disabilities to maximize each individual's potential for independence,
improved quality of life, and optimum level of functioning.
.:. Our Case Managers worked with 409 Roanoke City consumers who
have mental retardation and 1,009 individuals with a serious mental
illness, providing a total of 38,941 hours of service through our Adult
Resource Management components.
.:. A Roanoke consumer who has been seen for both substance abuse
and mental health issues graduated from the PHASES program, but
lapsed back into substance abuse. With intervention from his mental
health case manager, he returned to Phases. Supported housing was
arranged at a local shelter that offers long-term support. Now,
graduated from the Phases program again, he has obtained a job as
the director of the shelter where he first lived after relapsing. He plans
now to finish his GED and go to college to work on a Social Work
degree. During this process nursing case management worked with
the client to assure that his chronic medical condition needs were met
by coordinating/linking with medical providers, procuring certain items
that his medical condition requires, and monitoring his medication
compliance. The consumer was also linked with housing resources.
Ongoing monitoring of his substance abuse recovery continues as
well as oversight of entitlements such as Medicaid and disability to
assure continuation until such time as he can be substantially and
gainfully employed.
.:. Another consumer found his sole support system interrupted when his
mother and sister became ill at the same time. Consumer had been
living with his mother, had never lived alone and never had any
responsibility in matters of running a household. Mother went into a
nursing home and sister was diagnosed with a life threatening illness.
Sister was their payee and consumer needed assistance with grocery
shopping, planning balanced meals, budgeting and caring for chronic
medical illnesses. His case manager coordinated with the Mental
Health Support Services and now this consumer is learning skills to
live independently and become his own payee. His sister has told the
case manager that she worries less about her sibling now that he has
help and is learning the skills to care for himself in the community.
.:. A third Roanoke consumer takes Clozaril, a medication that requires a
blood test every 2 weeks. The consumer admitted to her case
manager that she had not had her labs done in a while due to feeling
so bad. The case manager encouraged the consumer to see her
primary care physician. When her blood work came back positive for
leukemia, our nursing case management worked with her treatment
team to assure that her psychiatric treatment is properly
monitored/uninterrupted as she goes through treatment for leukemia.
This consumer is a single parent who needed assistance in
developing a plan for her children's care, which the case manager
arranged with the consumer's adult son. Case management also
arranged for client assistance funds to get items needed for
hospitalization such as robe and slippers etc. The case manager
continues to assist the client as needs arise, advocating and acting as
liaison with the community in assuring her rent gets paid, etc.
Consumer is now stabilized in treatment and her children's needs are
being met.
On the following page is a table that displays Service data for the City of
Roanoke in the manner the Department of Mental Health, Mental
Retardation, and Substance Abuse Services requires of us. It shows in
summary: Roanoke's clients seen according to service, the number of
units of each type of service delivered, an indicator as to whether a given
service unit is an hour, a day, etc., and the total cost of each type of
service.
Blue Ridge Behavioral Healthcare
Directlv Funded Proarams - FY 2003 Performance Reoort
City of Roanoke
Unduplicated Number Units of Total Cost of
Client Count of Units Service Services
(by Service)
Mental Health Services
Emeroencv Services 1,305 10,094 SH 481,583
Outoatient Services 1,560 13,724 SH 1,277,783
Intensive In-Home Services 46 5,294 SH 325,838
Case Manaaement Services 1,009 24,728 SH 1,267,445
Children's Dav Treatment 77 24,995 DSH 573 923
Rehabilitation ( Mountain House) 81 20,689 DSH 291,255
Alternative Dav Suooort 44 224 SH 6,990
Suooortive Residential Services 45 12,157 SH 319,824
Assertive Community Treatment (ALF) SH
Assertive Community Treatment (PACT) 69 8,947 SH 541,933
Purchase of Individualized Services 13 25 201,152
MH Subtotal 4,249 120,877 $ 5,287,686
Mental Retardation Services
Case Manaaement Services 409 14,213 SH 302,472
Alternative Dav Suooort 141 489 SH 11,618
Rehabilitation 9 571 DSH 178,474
Suooorted Emolovment 17 923 D 53,684
Conareoate Residential Services 31 124,345 SH 1,767541
Suoervised Residential Services 1 312 BD 61,548
Suooortive Residential Services 87 10211 SH 382 236
Familv Suooort 46 101 F 51,855
Earlv Intervention 84 881 SH 95,832
MR Subtotal 825 152,046 $ 2,905,260
Substance Abuse Services
Outoatient Services 841 15,203 SH 760,697
Case Manaoement Services 496 9,472 SH 527,059
Dav Treatment Services 51 2,607 DSH 77 788
Hiahlv Intensive Residential Services 194 768 BD 159,029
Intensive Residential 185 8,934 BD 1,171,264
Jail-Based Habilitation 168 10,637 BD 119,280
SA Subtotal 1,935 47,621 $2,815,117
Prevention Services
MH Prevention Services 2,084 1,604 SH 91,378
SA Prevention Plus 3,623 5,035 SH 386,891
Prevention Subtotal 5,707 6,639 $ 478,269
Grand Total 12,716 327,183 $11,486,332
FY 2003 Local Tax Share $ 409,428
Service I Local Dollar $ 28.05
Umts of SelVlce: SH = Service Hours DSH= Day Support Hours D=Days BD=Bed Days F=Families
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
December 15 2003
The Honorable Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from Sheri Bernath, member of the Board of
Blue Ridge Behavioral Healthcare, in which she will be updating City Council
about the seNices provided to City of Roanoke residents in fiscal year 2003.
I) ^ !
uf~---,
Darlene L. Burcham
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
Blue Ridge
Behavioral
Healthcare
'-- - ~(' ''->
Rita J. Gliniecki Chairman
John M. Hudgins, Jr. Vice Chairman
Robert Williams, Jr. Treasurer
Meredith Waid 52reta y
Executive irector '._ . () .. \
S. Ja Sikkemt . ~/~) .',' \
- v~;J~i~ef~b
\)t\-~,:' ~p L OCT 2 7 2003 1
' i' , CITY MANAGEB'S !)FFICE
October 24, 2003
Ms. Darlene L. Burcham
City Manager
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
Dear Ms. Burcham:
Blue Ridge Behavioral Healthcare would like to request a few minutes on the
agenda of the Roanoke City Council meeting on Monday, December 15, 2003, to
give a brief report about the services we provided to Roanoke City residents in
fiscal year 2003.
A board member representing the City of Roanoke will deliver our report, and our
Executive Director, Mr. Jim Sikkema, will also be present to answer questions.
We appreciate this annual opportunity to share information about our services
and to say 'thank you'.
Sincerely,
I~w ~~L~
Hunter B. Roberts
Executive Office Administrator
C: The Honorable Ralph K. Smith, Mayor
Mary F. Parker, CMC, City Clerk
S. James Sikkema
Executive Offices 301 Elm Avenue SW Roanoke, Virginia 24016-4001 (540) 345.9841 Fax (540) 345.6891
The Community Services Board serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
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
December 15, 2003
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request from David L. Kjolhede, Executive Director of
the Roanoke Valley Visitors and Convention Bureau, to brief City Council on the
Convention Bureau's year-end review at the regular meeting of City Council on
Monday, December 15, 2003.
Sincerely,
c/~~~~-d~
Darlene L. ~cham
City Manager
DLB:snh
c: 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
December 30, 2003
File #293
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
December 15, 2003, Council Member Bestpitch requested the following:
. Results of the City's increased contributions to the Roanoke Valley
Convention and Visitor's Bureau.
. I nasmuch as the City of Roanoke will celebrate its 125th anniversary
in 2007, the City Managerwas requested to recommend appropriate
activities to commemorate the event.
sn;'.." j fJ w..v-
Mary F. Parker, CMC
City Clerk
MFP:ew
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
December 17, 2003
File #60-188-237
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36565-121503 authorizing acceptance of a grant
from the Federal Emergency Management Agency (FEMA) and the Virginia Department
of Emergency Management, in the amount of $137,005.00, in connection with the flood
emergency of February, 2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
Sincerely, /J
^~ j. r()...at.~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
December 17, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Acting Director, Office of Management and Budget
Paul Truntich, Administrator, Environmental and Emergency Management
-,
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'd'
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36565-121503.
A RESOLUTION authorizing the acceptance of a grant of funds from the
Federal Emergency Management Agency (FEMA) and the Virginia Department of
Emergency Management, in connection with the flood emergency of February,
2003; and authorizing execution of any required documentation on behalf of the
City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept
from the Federal Emergency Management Agency and the Virginia Department of
Emergency Management a grant in the amount of $ 137,005, such grant being more
particularly described in the letter of the City Manager, dated December 15, 2003,
upon all terms, provisions and conditions relating to the receipt of such funds.
2. The City Manager is hereby authorized to execute, on behalf of the
City, any documentation required in connection with the acceptance of such grant
and to furnish such additional information as may be required by the Federal
Emergency Management Agency.
ATTEST:
H:IMEASURESIR-FEMAFLOOOINGFEBRUARY2003.doc
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
December 18, 2003
File #60-188-237
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36564-121503 amending and reordaining certain
sections of the 2003-2004 General and Civic Facilities Funds Appropriations, in connection
with receipt of $137,005.00 from the Federal Emergency Management Agency and the
Virginia Department of Emergency Management as a result of the flood emergency in
February, 2003.
The above referenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
MFP:ew
Sincerely, /J
A ~ j. f/~~~
Mary F. Parker, CMC
City Clerk
Enclosure
-----''f,
Jesse A. Hall
December 17, 2003
Page 2
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Acting Director, Office of Management and Budget
Paul Truntich, Administrator, Environmental and Emergency Management
~Y(., ')
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No. 3656~-121503.
AN ORDINANCE appropriating funds to cover costs incurred as a result of flood
damages and establishing a revenue estimate for federal reimbursements, amending and
reordaining certain sections of the 2003-2004 General and Civic Facilities 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 the following
sections of the 2003-2004 General and Civic Facilities Funds Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Contingency
Construction & Development Supplies
Revenues
Flood Damage Reimbursements
001-300-9410-2199
001-620-4340-3011
$ 105,776
7,776
001-110-1234-0707
113,552
Civic Facilities Fund
Appropriations
Fees for Professional Services
Revenues
Flood Damage Reimbursements
005-550-7410-2010
23,453
005-110-1234-0707
23,453
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
Fa" (540) 853-1138
CityWeb: www.roanokegov.com
December 15, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Acceptance of The
Federal Emergency
Management Agency and
Virginia Department of
Emergency Management
funds for Disaster
Assistance
Background:
On February 24, 2003, the City Manager declared an emergency to exist in the
City of Roanoke as a result of flooding. City Council followed in confirming the
declaration and called upon the State and Federal government for assistance on
March 3, 2003.
The Federal Emergency Management Agency (FEMA) has approved the City of
Roanoke for disaster assistance for costs incurred following the flooding. The
total amount of the disaster assistance to be provided is $137,005. FEMA has
released $137,005.
Considerations:
The disaster assistance funding from the Federal Emergency Management
Agency and Virginia Department of Emergency Management must be accepted
Mayor Smith and Members of City Council
December 15, 2003
Page 2
and funding appropriated. With the exception of residual expenses associated
with contracted services and the replacement of equipment at Victory Stadium,
the reimbursement is for expenses incurred during Fiscal Year 2002-03.
Recommended Action (s):
Authorize the City Manager to execute and attest, respectively, on behalf of the
City of Roanoke, any documentation required in connection with obtaining and
accepting the above allocation in the amount indicated and to furnish such
additional information and take such additional action as may be needed to
implement and administer such funds and agreements, such documents to be
approved as to form by the City Attorney
Establish a revenue estimate of $113,552 in the General Fund and $23,453 in
the Civic Facilities Fund. Appropriate $137,005 to the following expenditure
accounts:
Department
Account
Dollar Amount
Contingency-General Fund
Parks
Civic Facilities Fund-Victory Stadium
001-300-9410-2199
001-620-4340-3011
005-550-741 0-2010
$105,776
7,776
23,453
cAuReSpeCtfU~IIY_SU~lTli~ed'
. . ...~
/- Jl~ __ - /vcJ--fJ---yy'-//
Darlene L. am
City Manager
DLB:abh
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman Stovall, Acting, Director of Management and Budget
Paul Truntich, Administrator, Environmental and Emergency Management
CM03-00238
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
December 18, 2003
File #207-450
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36566-121503 authorizing execution of a
Performance Agreement among the City of Roanoke, the I ndustrial Development Authority
of the City of Roanoke, Virginia, and Boxley Materials Company, and providing for certain
undertakings by the above referenced parties in connection with a road extension of Blue
Ridge Drive located in the Blue Ridge Industrial Park in the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
Sincerely, IJ
Ih ~ J r PJ.-t4.-
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
Susan S. Lower, Director, Real Estate Evaluation
Sherman M. Stovall, Acting Director, Office of Management and Budget
Harwell M. Darby, Jr., Glenn, Feldmann, Darby & Goodlatte, 200 First Campbell
Square, Roanoke, Virginia 24011
y;i.
I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No. 36566-121503.
AN ORDINANCE authorizing the proper City officials to execute a Performance
Agreement among the City of Roanoke (City), the Industrial Development Authority of the City
of Roanoke, Virginia, (IDA), and Boxley Materials Company (Boxley) that provides for certain
undertakings by the parties in connection with a road extension of Blue Ridge Drive located in
the Blue Ridge Industrial Park in the City of Roanoke; and dispensing with the second reading
by title of this Ordinance.
WHEREAS, Boxley has purchased land in the City on which to build a cement facility
and has agreed to construct a road extension for such facility and dedicate such road extension to
the City;
WHEREAS, Boxley has requested an economic development grant through the IDA to
assist with the cost of such road extension; and
WHEREAS, the City and the IDA wish to encourage Boxley in connection with the
construction of the cement facility and the road extension in order to enhance and promote
economic development within the City and the Roanoke Valley.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the substance of the Performance Agreement
among the City, the IDA, and Boxley as set forth in the attachment to the City Managers letter to
Council dated December 15, 2003, which provides for certain undertakings and obligations by
Boxley, as well as certain obligations by the City.
2. The City Manager and the City Clerk are authorized on behalf of the City to
1
execute and attest, respectively, a Performance Agreement among the City, the IDA, and Boxley,
upon certain terms and conditions as set forth in the City Managers letter to Council dated
December 15, 2003. The Performance Agreement shall be substantially similar to the one
attached to such letter and in a form approved by the City Attorney.
3. 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.
4. 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:\Measures\Member One Performance Agreement.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
December 15, 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: Boxley Materials Company
Performance Agreement
Boxley Materials Company (Boxley) has purchased land in the city on which to build a
cement plant. In order to have access to the property, it is necessary for Boxley to build a
road to City and VDOT standards at a total cost of $308,000. This road will also open other
property in the City for development.
Boxley has agreed to invest $2.5 million in the land, facility, equipment, and road plus create
nine jobs. The City will appropriate up to, but not to exceed, $154,000 to the Industrial
Development Authority of the City of Roanoke, Virginia (IDA), which in turn will provide an
economic development grant to the Boxley Materials Company upon certain terms and
conditions as substantially set forth in the attached Performance Agreement (attached
hereto). This grant will be made after the Boxley Materials Company cement plant has been
completed, is operational, and has paid all City taxes due in the first year. After that time,
the IDA will provide the grant funds over a period of five years, to January 31, 2009. Each
grant request can be up to, but cannot exceed, an amount equal to 50% of the amount of
the increased real estate taxes paid by Boxley or others to the City for such taxes on real
property represented by Tax Map Nos. 5220603, 5220607, and 5220608 for the year in
question. The amount of increased real estate taxes means the difference between the
amount of $2,585.77, which is the current amount of real estate taxes for the above three
Tax Map Nos., and the amount of real estate taxes actually paid by Boxley or others in that
particular year.
Funding for the grant requests will be adopted annually during the budget process as
appropriate based on the activities undertaken as described above.
Honorable Mayor and Members of City Council
Page 2
December 15, 2003
Recommended Action(s):
· Approve the terms of the Performance Agreement among the City of Roanoke, the
IDA, and Boxley Materials Company to provide for a grant up to $154,000 as set forth
in the above Performance Agreement.
· Authorize the City Manager to execute a Performance Agreement among the City,
the Boxley Materials Company, and the IDA, substantially similar to the one attached
hereto, and to execute such other documents and take such further action as may be
necessary to implement the Performance Agreement, with the form of such
agreement to be approved as to form by the City Attorney.
Respectfully submitted,
Darlene L. urc
City Manager
DLB/LB
Attachment
c:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth Neu, Director of Economic Development
Susan Lower, Acting Director of Real Estate Evaluation
Harwell M. Darby, Jr.
CM03-00239
PERFORMANCE AGREEMENT
This Performance Agreement (Agreement) is dated ,2003, by and among the City
of Roanoke, Virginia, a municipal corporation (City), Boxley Materials Company, a Virginia
corporation (Boxley) and the Industrial Development Authority of the City of Roanoke, Virginia, an
industrial development authority organized and existing under the laws of the Commonwealth of
Virginia (IDA).
WITNESSETH
WHEREAS, Boxley has purchased property in the Blue Ridge Industrial Park in the City of
Roanoke, Tax Map Nos. 5220607 and 5220608, on which Boxley is constructing a cement facility
(Facility);
WHEREAS, a private road extension of Blue Ridge Drive (Road Extension) is needed to
provide better access to the Facility and to another parcel of property next to the Facility;
WHEREAS, Boxley is constructing such Road Extension and upon completion will dedicate
such extension to the City, subject to the City's acceptance of the same;
WHEREAS, Boxley has indicated such Road Extension will allow for a significant
investment to be made in the Facility and the creation of certain jobs at the Facility;
WHEREAS, Boxley has requested an economic development grant through the IDA to assist
in the cost of the Road Extension;
WHEREAS, the City will appropriate the funds for the IDA for the purposes of promoting
economic development within the City;
WHEREAS, the IDA, based on the undertakings of Boxley, has determined to make an
economic development grant to Boxley with funds to be provided to the IDA by the City in
accordance with the terms of this Agreement; and
WHEREAS, the parties wish to reduce to writing the understanding of the parties concerning
this matter.
NOW, THEREFORE, the parties, in consideration ofthe promises and obligations contained
herein, mutually agree as follows:
Section 1.
Appropriation Amount.
Subject to the terms of this Agreement, the City will appropriate and pay an amount up to, but not to
exceed, $154,000.00 to the IDA for the purposes of promoting economic development in the City in
C:\DOCUME-l \cmsm 1.000\LOCALS-I \ Temp\c.lotus.notes.data\boxley performance agmt.doc
I
order to fund the economic development grant the IDA intends to make to Boxley as set forth in this
Agreement.
Section 2.
IDA Economic Development Grant.
The IDA will make an economic development grant to Boxley of up to, but not to exceed,
$154,000.00 in order to provide assistance for the Road Extension, all in accordance with the terms
of this Agreement. The IDA's obligations hereunder are not general obligations of the IDA, but are
special obligations of the IDA limited to those funds which are provided hereunder by the City and
received by the IDA.
Section 3.
Oblil!ations of Boxlev.
Boxley agrees and promises that in order to qualify to receive the economic development grant from
the IDA, Boxley will do each of the following:
A. Complete construction of a Road Extension on or before December 31, 2003, and
ensure that such Road Extension meets the applicable standards and requirements of
the City and complete dedication of such Road Extension to the City by January 31,
2004, subject to the City's acceptance of such Road Extension.
B. Provide a performance security in a form acceptable to the City and the IDA to
guarantee the proper construction of and workmanship on the Road Extension for a
period of one year from the date of acceptance of such Road Extension by the City.
C. Partial construction of the Facility has occurred and the Facility was placed into
operation on or about July 1,2003. However, Boxley will complete construction of
the Facility and will have made an investment in the Facility in land, building, and
equipment of a least $2.5 million on or before July 1,2004.
D. It will create and fill at least 9 new full-time job positions within 12 months of the
Facilitiy's start up, but in no event later than July 1,2004, and will maintain them
during all periods of time for which grant funds are requested.
E. It will operate the Facility in substantially full operation during all periods of time for
which grant funds are requested and as set forth in Section 5.
F. It will file all appropriate and applicable real estate tax, personal property tax,
machine and tool tax, and other tax forms or notices with the City, ensure that it has
received assessments from the City for such taxes, and it will have paid such taxes to
the City and not claim any exemptions from real estate taxes, personal property taxes,
or machine and tool taxes for any periods of time for which grant funds are requested
and as set forth in Section 5.
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2
G.
Boxley will provide the IDA and the City with sufficient documentation as to the
total cost that Boxley actually expended on the Road Extension to establish that such
cost was at least $308,000.00.
Section 4.
Distribution of Grant Funds.
Subject to the payment schedule and amount set forth in Section 5, upon compliance with the
obligations set forth in Section 3 above, Boxley may request in writing the IDA to obtain and provide
the economic grant funds mentioned above in accordance with the schedule set forth in Section 5.
Such request must be accompanied by sufficient documentation to establish to the reasonable
satisfaction of the IDA and the City compliance with the obligations set forth in Section 3. Upon
receipt of such request, and approval by the IDA (approved request), the IDA will forward the
approved request to the City Manager and Director of Economic Development. The written grant
request(s) from Boxley to the IDA will be on a form approved by the IDA's counsel, such approval
not to be unreasonably withheld. The IDA may disapprove any request that does not comply with
the terms of this Agreement or require that a revised request be submitted, such approval not to be
unreasonably withheld. After the IDA approves a request, the IDA will make a written request to the
City for the distribution to the IDA of the City's appropriation of such funds. The City will process
such approved request within 30 days of receipt thereof. Subject to Section 5, the IDA will make any
approved payments to Boxley within 10 working days from the date of receipt ofthe funds from the
City; provided, however, that the IDA has no liability in the event the City delays processing the
IDA's requisition.
Section 5.
Payment Schedule and Amount of Grant Funds.
Upon compliance with the terms of this Agreement, approved grant funds received by the IDA will
be paid by the IDA to Boxley subject to the following:
A. All such grant funds must be made no later than January 31, 2009. No request will
be considered and no payments will be made for any request received by the IDA
after that date.
B. Each grant request can only be made after Boxley has paid to the City the applicable
City real estate taxes for the year for which the grant request is made.
C. The amount of each grant request can be up to, but cannot exceed, an amount equal
to 50% of the amount of the increased real estate taxes paid by Boxley or others to
the City for such taxes on real property represented by Tax Map Nos. 5220603,
5220607, and 5220608 for the year in question. For the purpose of this Agreement,
the amount of increased real estate taxes means the difference between the amount of
$2,585.77 (which is the current amount of real estate taxes for the above 3 Tax Map
numbers) and the amount of real estate taxes actually paid by Boxley or others as set
forth above for the particular year during which the grant request is made.
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3 -
D.
In no event will the total amount of all grant requests exceed the total amount of
$154,000.00.
Section 6 .
Pavment of IDA's Fees.
Boxley will pay the reasonable costs and expenses of the IDA in connection with this matter,
including the reasonable fees of IDA's counsel, and Boxley agrees that Boxley's payment will not be
paid from the grant funds. The IDA will submit itemized statements to Boxley for such costs and
expenses.
Section 7.
Reports to the Citv.
Boxley will keep the City, through the City's Economic Development Director, reasonably advised
of the progress of the Facility and job creation and Road Extension during the term of this
Agreement and submit written reports to the City and IDA upon request.
Section 8.
Compliance with Laws.
Boxley agrees, in undertaking and completing the Facility and Road Extension, to comply with all
applicable federal, state and local laws, rules and regulations.
Section 9.
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 10. Severabilitv.
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.
Section 11. Authoritv to Sien.
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.
C:\DOCUME-l \cmsm I.OOO\LOCALS-l\Temp\c.!otus.notes,data\box)ey performance agmt.doc
4-
Section 12. 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 13. 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 14. Nondiscrimination.
A. During the performance of this Agreement, and relating only to the Facility and not to any
other facility owned or operated by Boxley, Boxley agrees as follows:
1. Boxley 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 Boxley. Boxley agrees to post in conspicuous places at the Facility, available to
employees and applicants for employment at the Facility, notices setting forth the
provisions of this nondiscrimination clause.
ii. Boxley in all solicitations or advertisements for employees at the Facility placed by
or on behalf of Boxley will state that Boxley is an equal opportunity employer.
iii. Notices, advertisements and solicitations placed in accordance with federal law, rule
or regulation shall be deemed sufficient for the purpose of meeting the requirements
of this section.
B. Boxley will include the provisions of the foregoing Section A (i, ii, and iii) in every
subcontract or purchase order of over $10,000 originating from the Facility, so that the
provisions will be binding upon each subcontractor or vendor.
Section 15. Assil!nment.
Boxley agrees not to assign or transfer any part of this Agreement without the prior written consent
of the City and the IDA, which will not be unreasonably withheld, and any such assignment shall not
relieve Boxley from any of its obligations under this Agreement.
Section 16. Forum Selection and Choice of Law.
By virtue of entering into this Agreement, Boxley 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
C:\DOCUME-I\cmsml.OOO\LOCALS-l \Temp\c.lotus.notes.data\boxley performance agmt.doc
5 -
the laws of the Commonwealth of Virginia, with the exception of Virginia's 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 17. Non-Waiver.
Each party agrees that any party's waiver or failure to enforce or require performance of any term or
condition of this Agreement or any party's 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 18. Captions and Headin2s.
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 19. Easements.
Boxley promises and agrees to grant and dedicate to the City all necessary easements on Boxley's
property for the construction of infrastructure improvements benefiting the Road Extension or
surrounding areas including, but not limited to, storm drainage, sanitary sewers, and/or water, all at
no cost to the City.
Section 20. Appropriation of Funds.
The obligations the City will undertake in connection with this Agreement are subject to the
availability of funds and the appropriation by City Council of such funds as may be necessary for
such obligations.
Section 21. 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):
Ifto City, to: City of Roanoke
City Manager
364 Municipal Building
215 Church Avenue SW
Roanoke, Virginia 24011
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6 -
Fax No. 540-853-1138
With a copy to:
Director of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA 240 II
Fax No. 540-853-1213
If to Boxley, to:
Mr. Larry Bullock
Vice-President - Concrete Division
P.O. Box 13527
Roanoke, VA 24035-3527
Fax No. 540-777-2065
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 22. Entire Al!:reement.
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
By:
Darlene L. Burcham, City Manager
City Clerk
(SEAL)
WITNESS:
BOXLEY MATERIALS COMPANY
By:
Printed Name and Title
Printed Name and Title
(SEAL)
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7 -
WITNESS:
, Secretary
Approved as to Form:
City Attorney
Appropriation and Funds Required for
this Contract are subject to future
appropriation:
Director of Finance
Date Acct. #
INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF ROANOKE, VIRGINIA
By
, Chairman
Approved as to Execution:
City Attorney
C:\DOCUME-l \cmsml.OOO\LOCALS-1 \Temp\c.lotus.notes.data\boxley performance agmt.doc
8-
Grant Request
~~~lf
This Grant Request is submitted pursuant to that Performance Agreement dated
, 2003, by and among, the City of Roanoke, Virginia, a municipal
corporation (the "City"), Boxley Materials Company, a Virginia corporation
("Boxley") and the Industrial Development Authority of the City of Roanoke, Virginia,
an industrial development authority organized and existing under the laws of the
Commonwealth of Virginia (the "IDA).
The Performance Agreement provides that Boxley may draw as an economic
grant from the IDA such funds as are provided to the IDA by the City in an amount not
to exceed a total of $154,000 so long as such grants are requested no later than January
31,2009.
The amount of the real estate taxes levied on the real property on which the
Facility is located and on Tax Parcel Number 5220603 immediately before the Facility
was constructed were $2,585.77 (2003 assessment).
The amount of each grant request cannot exceed an amount equal to 50% of the
amount of the increased real estate taxes paid by Boxley or others to the City for the
year in question as set forth in the Performance Agreement.
The year in question is 2004; the increase in the taxes for the year is
on Boxley paid real estate taxes in the amount of and is entitled
to an Economic Grant in the amount of
Boxley warrants that it has complied with all of the terms and conditions of the
Performance Agreement, including but not limited to the follows:
I. Boxley completed construction of the Road Extension on or before
December 31, 2003.
2. Boxley insured that the Road Extension met the applicable standards and
requirements of the City.
3. Boxley completed dedication of the Road Extension to the City on or
before January 31, 2004.
4. Boxley provided performance security in a form acceptable to the City.
5. Boxley made an investment in the actual construction of the Facility
(including the cost of the real property, the road, plant, building and equipment) of at
least $2.5 million on or before July 1, 2004.
6. Boxley created and has filled at least 9 (nine) new full time positions on
or before July 1,2004.
7. Boxley expects to maintain these positions during all periods for which
the grant funds are requested.
8. Boxley has operated the facility in substantially full operation during all
periods of time for which grant funds are requested.
9. Boxley has filed all appropriate taxes, has paid taxes due and has not
requested exemptions.
10. Boxley has expended at least $308,000 on the Road Extension and
submits with this Grant Request (or has submitted with a prior Grant Request)
sufficient documentation as to the total cost of the Road Extension.
Amounts previously paid in Economic Grants total $ . The amount of
this Grant Request is $ . The total remaining amount to be requested by future
Grant Requests is $
We respectfully request that the IDA process this Grant Request through the
City and by sending copies to the City Manager and the Director of Economic
Development at their addresses shown in Section 21 of the Performance Agreement in
accordance with Section 4 Distribution of Grant Funds.
BOXLEY MA TERIALS COMPANY
By:
2
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
December 18, 2003
File #166-553
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36567-121503 authorizing an Amendment to the
Contract for Management and Operation Services between the City of Roanoke and
Lancor Parking, L. L. C., dated July 1,2002, regarding a modification of such Contract.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
Sincerely, f)
1\ AA-y .J ~ IH-
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
Sherman M. Stovall, Acting Director, Office of Management and Budget
pl1,
,
/
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No. 36567-121503.
AN ORDINANCE authorizing an Amendment to the Contract for Management and Operation
Services between the City of Roanoke and Lancor Parking, L.L.C., dated July 1, 2002, regarding a
modification of such Contract; and dispensing with the second reading by title of this ordinance.
WHEREAS, the City entered into a Contract dated July 1, 2002, (Contract) with Lancor
Parking, L.L.C., (1..ancor) for management and operation services of certain City owned or controlled
parking garages and surface parking lots (Parking Facilities), authorized by Ordinance No. 35966-
070102; and
WHEREAS, the City and Lancor amended the Contract by Amendment NO.1 dated October 21,
2002, (Amendment No.1), authorized by Ordinance No. 36093-101502; and
WHEREAS, the City and Lancor have agreed to modifY Section 2(1..) of the Contract relating to
the performance bond requirement, as recommended by City staff
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council, in accordance with the City Manager's letter to Council dated December
15,2003, hereby approves amending the Contract for Management and Operation Services between the
City and Lancor dated July 1, 2002, involving the performance bond requirement as set forth in such
letter.
2. The City Manager and the City Clerk are hereby authorized to execute and attest,
respectively, the requisite Contract Amendment NO.2 with Lancor, such Amendment to be substantially
similar to the one attached to the above mentioned letter, and in a form approved by the City Attorney,
H:\Measures\Iancoramdn 2.doc
I
and to take such further action and to execute such further documents as may be necessary to implement
and administer such Amendment NO.2.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\Measures\Ianconundu 2.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 wwwrFeE:~fl\b"er15, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Amendment No.2 to the
Management and Operation Services
Contract between the City of Roanoke
and Lancor Parking, L.L.C., regarding
the provision of a Performance Bond
Background:
On July 1, 2002, City Council accepted the proposal of Lancor Parking, L.L.C. to
provide management and operation services for certain City owned and/or
controlled parking facilities. As part of the contract requirements, Lancor was
required to provide the City with a performance bond equal to the total
management fee for the three year term of the contract in order to guarantee the
company's performance of the terms and conditions of the contract. Due to
changes in the bond market, Lancor requested that they be permitted to meet
this performance bond requirement by providing the City with a bond in the
amount of the then current year's management fee. The bond would then
subsequently be renewed each year over the life of the contract in an amount
equal to the then current year's management fee. Amendment No.2, as
contained in Attachment A to this report, provides for a change to Section 2(L) of
the contract to reflect the above change to the bond requirement.
Considerations:
The alternate bond procedure will provide the City with more than adequate
protections should the City have a need to call on the bond.
Honorable Mayor and Members of Council
December 15, 2003
Page 2
Recommended Action:
City Council authorize the City Manager to execute an Amendment, in a form
approved by the City Attorney, to the contract between the City of Roanoke and
Lancor Parking, L.L.C. ,dated July 1, 2002, to provide management and
operation services for certain city owned and/or controlled parking facilities
substantially similar to Amendment NO.2 in Attachment A to this letter modifying
the performance bond requirement of the contract.
)
Darlene L. rcham
City Manager
DLB:djm
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth Neu, Director, Economic Development
CM03-00237
AMENDMENT NO.2 TO
CONTRACT FOR MANAGEMENT AND OPERATION SERVICES
FOR THE CITY OF ROANOKE OWNED AND/OR CONTROLLED PARKING
GARAGES AND SURFACE PARKING LOTS
This Amendment No. 2 to Contract for Management and Operation Services for the City of
Roanoke owned and/or controlled Parking Garages and Surface Parking Lots (Amendment No.
2) is dated December _, 2003, by and between the CITY OF ROANOKE, Virginia, (City),
and LAN COR Parking, L.L.C., (Operator).
WITNESSETH:
WHEREAS, the City and Operator entered into a Contract dated July 1,2002, that provided for
the Operator to provide management and operating services for certain City owned and/or
controlled Parking Facilities in Roanoke, Virginia (Contract); and
WHEREAS, the City and Operator amended the Contract by Amendment No. 1 dated October
21,2002, regarding the addition of Parking Facilities; and
WHEREAS, the City and Operator have agreed to modify the amount of the performance bond
provided for in the Contract.
NOW, THEREFORE, in consideration of the promises and the covenants contained herein and
in the original Contract and Amendment No.1, the City and Operator hereby agree as follows:
SECTION 1. Modification of Amount of Performance Bond ReQuired.
Section 2(L) of the Contract is hereby amended by deleting it and replacing it with the following
language:
L. The Operator agrees to present to the City, and keep in force during the term of the
Contract, a Performance Bond or Security, in a form acceptable to the City, equal to
the amount of Management Fees for the then current year of this Contract to
guarantee the Operator's performance of the terms and conditions of this Contract,
and this includes any extensions.
SECTION 2. Continuation of Terms and Conditions of Contract.
All the terms and conditions of the Contract between the parties dated July 1, 2002, and
Amendment No.1, dated October 21, 2002, shall continue in full force and effect except as
modified above.
C\OOCUME-I\cmsmI.OOO\LOCALS-l\Tcmp\c.lotus.notes.data\amendment no 21ancor.doc
1
IN WITNESS WHEREOF, the parties have signed this Amendment No.2 by their authorized
representati ves.
ATTEST:
CITY OF ROANOKE
By:
Darlene L. Burcham, City Manager
Mary Parker, City Clerk
ATTEST OR WITNESS:
LAN COR Parking, L.L.c.
By:
By:
Printed Name and Title
Printed Name and Title
Approved as to Form:
Approved as to Execution:
Appropriation and Funds Required:
For this Contract:
Authorizing Measure No.
Director of Finance
Date
Accl. #
C:\OOCUME-l\cmsml.OOO\LOCALS-l\Temp\c.lotus.notes,data\amendment no 2 (anenr.doc
2
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
December 18, 2003
File #24-266
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36568-121503 amending and reordaining Article II,
Real Estate Taxes Generally, Chapter 32, Taxation, of the Code of the City of Roanoke
(1979), as amended, by amending ~32-101.1, Generally, ~32-1 01.3, Eliqibilitv of
commercial or industrial real propertv. and ~32-101.5, Application, of Division 5A,
Exemption of Certain Rehabilitated or Renovated Commercial or Industrial Real Property
Located in Either Enterprise Zone One or Enterprise Zone Two, for the purpose of
eliminating Enterprise Zone One and extending the application time period for Enterprise
Zone Two.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and will be in full force
and effect on January 1, 2004.
s~ ""-1 J jJ ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 18, 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 Dornestic Relations District
Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
The Honorable Sherman A. Holland, Commissioner of Revenue
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
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
Elizabeth A. Neu, Director, Economic Development
p';\.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36568-121503.
AN ORDINANCE amending and reordaining Article II, Real Estate Taxes Generally,
Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by amending ~32-
101.1, Generallv. ~32-101.3, Eligibilitv of commercial or industrial real propertv. and 932-101.5,
Application, of Division SA, Exemption of Certain Rehabilitated or Renovated Commercial or
Industrial Real Propertv Located in Either Enterprise Zone One or Enterprise Zone Two, for the
purpose of eliminating Enterprise Zone One and extending the application time period for
Enterprise Zone Two; providing for an effective date; and dispensing with the second reading by
title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Division SA, Exemption of Certain Rehabilitated or Renovated Commercial or
Industrial Real Propertv Located in Either Enterprise Zone One or Enterprise Zone Two, of
Article II, Real Estate Taxes Generallv. of Chapter 32, Taxation, of the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows:
DIVISION SA. EXEMPTION OF CERTAIN REHABILITATED OR
RENOVATED COMMERCIAL OR INDUSTRIAL REAL PROPERTY
LOCATED IN ENTERPRISE ZONE TWO
~32-101.1. Generallv.
The director of real estate valuation shall, upon application made and
within the limits hereinafter provided, order exemption ofreal property tax on real
property substantially rehabilitated or renovated for commercial or industrial use
and located within the area of either enteljlRSe zone one or enterprise zone two, as
H:\o-am32-1 01 enterprisezonetwo 11 OJ.doc 1
such area is shown on a map of entcIflrise zelle eBe er enterprise zone two, which
maps are map is on file in the office of the city clerk.
***
932-101.3. Eligibilitv of commercial or industrial real propertv.
(a) In order to qualify for the exemption from real property taxation for
real property substantially rehabilitated or renovated for commercial or industrial
use within either enteIflrise ZOBe OBe or enterprise zone two, a structure shall meet
all ofthe following criteria:
(1) Be no less than fifteen (15) years of age and located within
either eBteIflrise zeBe olle or enterprise zone two.
(2) Be rehabilitated or renovated so as to increase the assessed
value ofthe structure by at least fifty thousand dollars ($50,000.00)
or more;
(3) Be designed for and suitable for commercial or industrial use
after completion of such rehabilitation or renovation;
(4) The structure has not received an exemption under DivisionS,
exemption of certain rehabilitated real property, of this chapter;
and
(5) The rehabilitation Or renovation must be completed within
one (1) year after the date of the filing of the application for
exemption.
(b) The types of substantial rehabilitation or renovation improvements
that will be considered as increasing the assessed value are limited to those made
to the actual qualifying structure only. Other improvements, fees, or costs will not
be considered.
(c) Any new additions to the qualifying structure or any additional
square footage over the prerehabilitation or prerenovation square footage will not
be considered as increasing the assessed value of the qualifying structure or
eligible for or considered for the tax exemption since the purpose of this incentive
is to encourage rehabilitation or renovation of existing structures.
***
H:\0-am32-101enterprisezonetwoll03.doc 2
932-101.5. Application.
(a) Application for exemption of substantially rehabilitated or renovated
real property from taxation under this division shall be filed by the owner of such
property with the director of real estate valuation prior to commencement of any
rehabilitation or renovation work for which exemption is sought. Each application
for such exemption shall be accompanied by a processing fee in the amount of
fifty dollars ($50.00). No property shall be eligible for such exemption unless all
appropriate building permits have been acquired and the director of real estate
valuation has verified that the rehabilitation or renovation indicated on the
application has been completed. Furthermore, no property shall be eligible for
such exemption if the director of real estate valuation has been denied access to
the entire premises, either before or after the rehabilitation or renovation work for
which the exemption has been sought, for purposes of determining whether the
required rehabilitation or renovation has been completed and for appraising the
property. The application for this exemption must be filed with the director of real
estate valuation during the period of July 1, 1996, through December 31, ;WW
2015, for property located within enterprise zone two aaa euring the perise of
Jllly 19,1999, thr-eUgH Deeember 31,2993, f-er property loeatea within enteFj3rise
zone ene, in order to be eligible for this exemption.
(b) The burden of proof shall be on the applicant to show that the
structure for which the exemption has been filed complies with all the eligibility
criteria established by this division. The director of real estate valuation may
require documentary proof of eligibility and, in such cases, documentation
satisfactory to the director of real estate valuation shall be presented by the
applicant.
***
2. This ordinance shall be in full force and effect as ofJanuary 1, 2004.
3. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this
ordinance is hereby dispensed with.
ATTEST:
City Clerk.
H: \0-am32-1 0 1 enterprisezonetwo II 03 .doc 3
,~
/.1' .
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
December 1S, 2003
The Honorable Ralph K. Smith, Mayor
The Honorable Nelson Harris, Vice-Mayor
The Honorable William Bestpitch, Council Member
The Honorable Rupert Cutler, Council Member
The Honorable Alfred Dowe, Council Member
The Honorable Beverly Fitzpatrick, Jr., Council Member
The Honorable Linda Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Division SA of Article II of Chapter
32, "Taxation," of the City Code
Revision and Extension for
Enterprise Zone Two Incentive
Background:
The City of Roanoke has two Enterprise Zone designations. Under Division SA of Article II
of Chapter 32, "Taxation," of the City Code, the application deadline for applying for the
Enterprise Partial Tax Exemption incentive is December 31, 2003, for both Enterprise
Zone One and Enterprise Zone Two. The designation for Enterprise Zone One also
expires December 31, 2003, but the designation of Enterprise Zone Two does not expire
until December 31, 201S. Accordingly, the appropriate sections of Division SA need to be
amended to reflect these changes.
Considerations:
The City of Roanoke must continue to offer the incentives for Enterprise Zone Two
previously approved by the Department of Housing and Community Development, or the
City risks losing its Enterprise Zone designation.
Recommended Action:
Adopt amendments to Division SA of Article II of Chapter 32, "Taxation" of the City Code
(932-101.S) to extend the date applications must be filed for Enterprise Zone Two until
December 31, 201S; adopt amendments to Division SA of Article II of Chapter 32,
Honorable Mayor and Members of Council
December 15, 2003
Page 2
"Taxation" of the City Code (932-101.1, 932-101.3, 932-101.5) to delete all references to
the expiring Enterprise Zone One as of January 1, 2004.
Respectfully submitted,
Darlene L. cham
City Manager
~
DLB/sern
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director of Economic Development
Sherman Holland, Commissioner of the Revenue
Susan Lower, Acting Director of Real Estate Valuation
CM03-0233
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
December 18, 2003
File #166-226-304
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36569-121503 authorizing the donation of a City-
owned vehicle to Total Action Against Poverty in Roanoke Valley, Inc., for use in its TAP
Youth Build Program to transport workers and equipment to various job sites, or whatever
suitable use TAP deems appropriate.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
~~!.~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Sherman M. Stovall, Acting Director, Office of Management and Budget
Theordore J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke
Valley, Inc., P. O. Box 2868, Roanoke, Virginia 24001-2868
{i1J
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36569-121503.
A RESOLUTION authorizing the donation of a City-owned vehicle to Total Action
Against Poverty in Roanoke Valley, Inc., for use in its TAP Youth Build Program.
WHEREAS, the City's policy relating to disposal of surplus equipment requires
Council approval of donations by the City to other organizations, and Total Action Against
Poverty in Roanoke Valley, Inc., has requested that a vehicle be donated for use in its TAP
Youth Build Program, as is recommended in the City Manager's letter to Council dated
December 15,2003;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager is hereby authorized to execute any documents required in order to donate a
disposable surplus vehicle, Shop #0817, to Total Action Against Poverty in Roanoke Valley,
Inc.(T AP), for its use with its TAP Youth Build Program, to transport workers and equipment
to various job sites, or whatever suitable use TAP deems appropriate.
ATTEST:
City Clerk.
H:\MEASURES\R-DONA TlQNT APTRUCK.WPD
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December 15, 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., Vice Mayor
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Vehicle Donation to TAP
Background:
Authority for the process of donating City vehicles and equipment is by letter from the
City Manager to Purchasing Division. The Total Action Against Poverty (TAP) Program
has requested that one of the disposal vehicles be donated to its organization.
Recently, the TAP Youth Build Program has lost the use of a shared Habitat for
Humanities vehicle that has been used to transport workers and equipment to the
various job sites. Due to budget limitations, TAP is prohibited from purchasing a
vehicle.
Considerations:
The staff has identified one of the Fleet Management vehicles slated to be turned in for
disposal as a potential donor vehicle, shop #0817. The estirnated residual value of this
vehicle is $1,505.
Mayor Smith and Members of City Council
December 15, 2003
Page 2
Recommended Action:
Authorize the donation of this vehicle to the TAP Youth Build Program in an effort to
bring further City development while providing youth the skills and discipline required to
effectively function within the working environment.
Res ectfully submitted,
Darlene L. Burc
City Manager
DLB:rm
Attachment
C: Mary F. Parker, City Clerk
Williarn M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead, Assistant City Manager for Operations
Sherman M. Stovall, Acting Director of Management and Budget
CM03-00219
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
December 18, 2003
File #166-207-2-9
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36570-121503 amending and reordaining certain
sections of the 2003-2004 Capital Projects Fund Appropriations, in connection with
proceeds from the sale of 15 acres of land in the Roanoke Centre for Industry and
Technology and the sale of 400 square feet of City-owned property located on Airport
Road, N. W., to the Federal Aviation Administration.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday December 15, 2003, and is in full force and
effect upon its passage.
~Y~J. f~
Mary F. Parker, CMC
City Clerk
MFP:ew
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
Sherman M. Stovall, Acting Director, Office of Management and Budget
Sarah E. Fitton, Engineering Coordinator
'X''/
~.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
.
No. 36570-121503.
AN ORDINANCE to establish revenue estimates and appropriate funding from
the sale of property at RCIT and from the sale of property on Airport Road, amending and
reordaining certain sections of the 2003-2004 Capital Projects Fund Appropriations, and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from General Revenue
Appropriated from General Revenue
Revenues
Sale of RCIT Property
Sale of Property on Airport Road
008-052-9632-9003
008-530-9818-9003
$ 825,000
42,000
008-052-9632-1374
008-530-9818-9818
825,000
42,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noet 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
December 15, 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: Appropriation of Funds
The sale of 15 acres known as Tract F in the Roanoke Centre for Industry and Technology (RCIT)
has been completed. Proceeds from the sale in the amount of $825,000 need to be appropriated to
the RCIT Infrastructure Extension account in the Capital Projects Fund.
The sale of 400 square feet of city-owned property on Airport Road to the Federal Aviation
Administration has also been completed. Proceeds from this sale in the amount of $42,000 need to
be appropriated to a new account to be established in the Capital Projects Fund entitled "Real
Estate Acquisition Expense".
Recommended Action(s):
Appropriate funding of $825,000 to account 008-052-9632-9003 - RCIT Infrastructure Extension in
the Capital Projects Fund. Establish a corresponding revenue estimate for funds which have been
received from the sale of property at RCIT.
Appropriate funding of $42,000 to a new account entitled "Real Estate Acquisition Expense" in the
Capital Projects Fund. Establish a corresponding revenue estimate for funds which have been
received from the sale of property on Airport Road.
DLB/SEF
c:
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
Beth Neu, Director, Economic Development
Sarah E. Fitton, Engineering Coordinator
CM03-00234
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
December 18, 2003
File #60-468-27
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36571-121503 amending and reordaining certain
sections ofthe 2003-2004 Water Pollution Control Fund Appropriations, in connection with
Collection System Metering and Analysis Services, in the amount of $1 ,225,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
7};Y~ jfL--
Mary F. Parker, CMC
City Clerk
MFP:ew
Jesse A. Hall
December 18, 2003
Page 2
pc: Darlene L. Burcham, City Manager
Michael T. McEvoy, Director of Utilities
Sherman M. Stovall, Acting Director, Office of Management and Budget
10~ ')
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No. 36571-121503.
AN ORDINANCE appropriating funds for Collection System Metering and
Analysis Services, amending and reordaining certain sections of the 2003-2004 Water
Pollution Control Fund Appropriations, and dispensing with the second reading by title of
the ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2003-2004 Water Pollution Control Fund Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
Appropriations
Reserve for Future Debt Service
Appropriated from General Revenue
003-510-3172-3027
003-510-8365-9003
$ (1,225,000)
1,225,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December 15, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Council Member
Honorable William D. Bestpitch, Council Mernber
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: Funds Transfer for Collection
System Metering and Analysis
Services
Background:
The State Water Control Board, through the Department of Environmental
Quality (DEQ) is proposing that the City of Roanoke enter into a Special Order of
Consent (Collection System Order) to make improvements to the wastewater
collection system. Specifically, this is a continuation of the existing Special Order
addressing wet weather effects at the Water Pollution Control Plant by adding
requirements to investigate and quantify sources of inflow and infiltration into the
collection system.
Sewage collection system consent orders are being issued to cities throughout
the Commonwealth and in other states. Costs associated with some of these
orders run in the hundreds of millions of dollars. Staff have worked with other
utility members of the Virginia Association of Municipal Wastewater Agencies to
review existing orders and structure as reasonable and effective a solution as
possible. For example, the City has agreed as part of the renewal of the
Wastewater Service Contract with the other local jurisdictions to install flow
meters in the collection system for billing purposes. These same flow meters can
be used to meet requirements of the Collection System Order. The terms of the
Collection System Order are still being negotiated. Upon receipt of a final
version, Council will be asked to review and authorize execution of the order.
Substantial study is needed to evaluate the condition of the collection system and
to develop recommendations for specific repairs or future construction projects.
The proposed work will include installation of flow monitors into various strategic
points within the collection system, implementation of several pilot projects in
order to help focus investigation of inflow and infiltration, and the creation of a
collection system model.
The Honorable Mayor and Members of Council
Funds Transfer for Collection System Metering and Analysis Services
December 15, 2003
Page 2
This work has been properly advertised, with proposals being received from
seven engineering firms. Four short-listed firms were interviewed including Black
& Veatch International Company, Hazen and Sawyer, PC, RJN Group, Inc., and
Wiley & Wilson, Inc. The interview selection committee included representatives
from the City's Utility Department, as well as Roanoke County and the City of
Salem. The request for proposals was structured in a manner to allow
participation by other local jurisdictions, at their option, in specific projects or
tasks. The specific project described in this report does not involve a shared
expense agreement with the other participating jurisdictions as the work is limited
to the collection system components wholly owned by the City of Roanoke.
However, it is anticipated that each of the participating jurisdictions will have to
enter into a Special Order of Consent and will be conducting similar study
activities.
The firm of Wiley & Wilson of Lynchburg, Virginia was selected by the interview
panel as the most qualified. An acceptable contract has been negotiated for the
work in the form of a time and materials agreement with a not to exceed fee of
$1,120,134. Other anticipated expenses associated with system modifications
needed for the collection system flow meters brings the total required funding to
$1,225,000. Funds have previously been budgeted in a capital reserve account
developed in anticipation of future debt service requirements.
Recommended Action:
Transfer $1 ,225,000 from the Reserve for Future Debt Service (account 003-510-
3172-3027) into an account to be established by the Director of Finance in the
Water Pollution Control Fund entitled "Collection System Metering and Analysis".
~'~(:;Z'J~>J
Darlene L.';:Wm
City Manager
DLB/mtm/sss
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Michael McEvoy, Director of Utilities
CM03-00227
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
December 18, 2003
File #27-60-468
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36573-121503 authorizing execution of an
amendment extending for an additional term of one year a contract with Robinson Pipe
Cleaning Company for removing, transporting and disposing of digested lagooned biosolids
from the City's Water Pollution Control Plant, for a minimum amount of $721 ,667.50 and
a maximum amount of $903,327.50, as more particularly set forth in the letter of the City
Manager to Council dated December 15, 2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
Sincerely, /J
fA. ~ J. r b-Iv-
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
December 17, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Michael T. McEvoy, Director of Utilities
Jeffery H. Powell, Director, General Services
Scott S. Shirley, Manager, Waste Water Treatment
Sherman M. Stovall, Acting Director, Office of Management and Budget
it!)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No. 36573-121503.
AN ORDINANCE authorizing execution of an amendment extending for an additional term of
one year a contract with Robinson Pipe Cleaning Company for removing, transporting and disposing
of digested lagooned biosolids from the City' s Water Pollution Control Plant; and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, an amendment to a contract dated August 2, 1999, with
Robinson Pipe Cleaning Company extending such contract for removing, transporting and disposing
of digested lagooned biosolids from the City's Water Pollution Control Plant, for an additional term
of one year at a cost of $89.66 per dry ton for the first 4,250 dry tons ofbiosolids removed and
$90.83 per dry ton for the next 5,750 dry tons ofbiosolids removed, with a minimum of 8,000 dry
tons ofbiosolids and a maximum of 10,000 dry tons ofbiosolids removed during the period of
October 1, 2003 through September 30, 2004, for a minimum amount of $721,667.50 and a
maximum amount of$903,327.50, as more particularly set forth in the letter of the City Manager to
Council dated December 15, 2003.
2. The form of the amendment shall be approved by the City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
H:\Measures'lsludge bio solids 2004.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 18, 2003
File #468-27-60
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36572-121503 authorizing the City Manager's
issuance of a Change Order to Amendment NO.3 to the City's contract with Robinson Pipe
Cleaning Company regarding the removing, transporting, and disposing of digested lagoon
biosolids from the City's Water Pollution Control Plant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
MFP:ew
/i.'''-i .j. f ~
Mary F. Parker, CMC
City Clerk
Enclosure
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Michael T. McEvoy, Director of Utilities
Jeffery H. Powell, Director, General Services
Scott S. Shirley, Manager, Waste Water Treatment
Sherman Stovall, Acting Director, Office of Management and Budget
(id)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36572-121503.
AN ORDINANCE authorizing the City Manager's issuance of a Change Order to Amendment
NO.3 to the City's contract with Robinson Pipe Cleaning Company regarding the removing,
transporting, and disposing of digested lagoon biosolids from the City's Water Pollution Control
Plant; and dispensing with the second reading by title of this ordinance.
WHEREAS, City Staff has recommended a Change Order be issued to Robinson Pipe
Cleaning Company in connection with Amendment NO.3 which was dated September 3, 2002, to the
City's contract with such company in order to reduce the minimum number of dry tons ofbiosolids to
be removed under such Amendment NO.3 due to the unusually wet weather during the past year.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute for and on behalf of the City, in a form
approved by the City Attorney, Change Order No. 1 to Amendment NO.3 to the City's contract with
Robinson Pipe Cleaning Company in order to reduce the minimum number of dry tons ofbiosolids to
be removed from the City's Water Pollution Control Plant from 8,000 dry tons to 3,750 dry tons, all
as more fully set forth in the letter to Council dated December 15, 2003.
2. This Change Order will provide authorization for deletions in the work with a decrease
in the amount of the contract, all as set forth in the above letter.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title
of this Ordinance by title is hereby dispensed with.
ATTEST:
H:\Measures\co no 1 anmd 3 robinson pipe cJeaning sludge remova1.doc
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noet 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
December 15, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council;
Background:
The City entered into a contract dated August 2, 1999 that provided for the proper
removal, transportation, and disposal of biosolids with Robinson Pipe Cleaning
Company. This contract has been amended three times in accordance with contract
provisions, which allow the annual extension of the terms and conditions for up to four
additional one-year terms, for a total of five years. This year represents the final year of
services which can be authorized by the existing contract through an amendment.
Subject: Amendment No.4 and Change
Order to Contract for Removal of
Biosolids at the Water Pollution
Control Plant
The quality of work by Robinson Pipe Cleaning Company has been satisfactory for the
preceding contract year. The wet weather of the past year, however, did directly impact
the quantity of biosolids that could be land applied (Virginia Department of Health
regulations do not permit land application during rain events or on water-saturated
lands). The total dry tons of biosolids land applied was approximately 3,750 dry tons,
which is short by 4,250 dry tons of the 8,000 dry ton minimum required in the contract
documents. Based upon close monitoring of the activities of Robinson Pipe by Utility
staff, it is the staff's opinion that the circumstances which caused Robinson Pipe to not
meet the minimum work requirements of the contract were beyond Robinson Pipe's
control. Such reduction in the removal of the biosolids has not impacted the City. The
contract contains provisions which allow the City to assess liquidated damages against
the contractor at a cost of $89.66 per dry ton under the minimum established contract
level. The City's primary concern is the potential cost increase for inflation adjustments,
which is permitted under the Contract terms, and would bring this year's price to $90.83
per dry ton.
The proposed Amendment NO.4 requires that Robinson Pipe honor the price of $89.66
per dry ton for the first 4,250 dry tons. The next 3,750 dry tons, and any additional
The Honorable Mayor and Members of Council
Amendment No.4 and Change Order to Contract for Removal of Biosolids at the
Water Pollution Control Plant.
December 15, 2003
Page 2
amounts, will be at a cost of $90.83 per dry ton in accordance with the provisions of such
Amendment NO.4. Staff recommends a Change Order to Amendment NO.3 to reduce
the required minimum number of dry tons from 8,000 to 3,750.
Funding for this work is established during budget adoption and is available in account
003-510-3150-2010.
Recommended Action:
Authorize the City Manager to execute a Change Order to Amendment NO.3 reducing
the required minimum number of dry tons from 8,000 to 3,750.
Authorize an Amendment No. 4 to the Contract between Robinson Pipe Cleaning
Company and the City for an additional one year period, retroactive from October 1,
2003 through September 30, 2004, at a cost of $89.66 for the first 4,250 dry tons and
$90.83 per dry ton for the remaining 3,750 dry tons and any additional dry tons removed,
with a minimum total of 8,000 dry tons and maximum of 10,000 dry tons of bio-solids
removed from the City's Water Pollution Control Plant.
Authorize the City Manager to execute such additional documents and take such
additional actions as may be needed to implement and administer such Amendment and
Contract, including any further changes the City Manager deems appropriate.
Re~ffUIlY su~ned, !
/~c1e$-~J~J
Darlene L. B:~m
City Manager
DLB/mtm/sss
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Michael McEvoy, Director of Utilities
Jeffery Powell, General Service Director
Scott Shirley, WPC
CM03-00228
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
December 18, 2003
File #5-24-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36575-121503 amending the Code of the City of
Roanoke (1979), as amended, by adding a new Section 20-17, Reimbursement of
expenses incurred in responding to DUI incidents and other traffic incidents, Article I, In
General, to Chapter 20, Motor Vehicles and Traffic.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and will be in full force
and effect on January 1, 2004.
rh
...... 1. P ~
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 18, 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
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
Dana D. Long, Manager, Billings and Collections
Sherman M. Stovall, Acting Director, Office of Management and Budget
V 't-.~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December',2003.
No. 36575-121503.
AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by
adding a new Section 20-17, Reimbursement of expenses incurred in responding to DUI
incidents and other traffic incidents. Article I, In General, to Chapter 20, Motor Vehicles and
Traffic; providing for an effective date; and dispensing with the second reading by title of this
ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The Code of the City of Roanoke (1979), as amended, is hereby amended and
reordained by the addition of new Section 20-17, Reimbursement of expenses incurred in
resoonding to DUI incidents and other traffic incidents. Article I, In General. to Chapter 20,
Motor Vehicles and Traffic, to read and provide as follows:
ARTICLE I
IN GENERAL
~ 20-17
Reimbursement of exoenses incurred in responding to DUI
incidents and other traffic incidents.
A. A person convicted of violating any of the following provisions shall be
liable in a separate civil action for reasonable expenses incurred by the
city or by any volunteer rescue squad, or both, when providing an
appropriate emergency response to any accident or incident related to such
violation:
1. The provisions of ~ ~ 18.2-51.4, 18.2-266 or 29.1-738 of the Code
of Virginia (1950), as amended, or similar city ordinances
including ~ 20-52, when such operation ofa motor vehicle, engine,
train or watercraft while so impaired is the proximate cause of the
accident or incident;
1
H:\Measures\Code Amendment Adding new section for nUl Fees.doc
2. The provisions of Article 7 (~ 46.2-852 et seq.) of Chapter 8 of
Title 46.2 of the Code of Virginia (1950), as amended, relating to
reckless driving, when such reckless driving is the proximate cause
of the accident or incident;
3. The provisions of Article 1 (~ 46.2-300 et seq.) of Chapter 3 of
Title 46.2 of the Code of Virginia (1950), as amended, relating to
driving without a license or driving with a suspended or revoked
license; and
4. The provisions of ~ 46.2-894 of the Code of Virginia (1950), as
amended, relating to improperly leaving the scene of an accident.
B. Personal liability under this section for reasonable expenses of an
appropriate emergency response shall not exceed one thousand dollars
($1,000) in the aggregate for a particular accident or incident occurring in
the city. In determining the "reasonable expenses," the city may bill a flat
fee of one hundred dollars ($100) or a minute-by-minute accounting of the
actual costs incurred. As used in this section, "appropriate emergency
response" includes all costs of providing law-enforcement, fire-fighting,
rescue, and emergency medical services. The provisions of this section
shall not preempt or limit any remedy available to the Commonwealth, to
the city, or to any volunteer rescue squad to recover the reasonable
expenses of an emergency response to an accident or incident not
involving impaired driving, operations of a vehicle or other conduct as set
forth herein.
2. This ordinance shall be in full force and effect on and after January 1,2004.
3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
2
H:\Measures\Code Amendment Adding new section for OUl Fees.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 18, 2003
File #5-24-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36574-121503 amending and reordaining certain
sections of the 2003-2004 General Fund Appropriations, in connection with establishment
of the Driving Under the Influence Recovery Program.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
Sincerely, ~
1A~.j ~
MFP:ew
Mary F. Parker, CMC
City Clerk
Attachment
Jesse A. Hall
December 18, 2003
Page 2
pc: Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Ronald S. Albright, Clerk, General District Court
Dana D. Long, Manager, Billings and Collections
Sherman M. Stovall, Acting Director, Office of Management and Budget
.~\)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No. 36574-121503.
AN ORDINANCE appropriating funds for expendable equipment in the Police
department and establishing a DUI Offender Fee, amending and reordaining certain
sections of the 2003-2004 General Fund Appropriations, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2003-2004 General Fund Appropriations be, and the same are hereby,
amended and reordained to read and provide as follows:
Appropriations
Expendable Equipment
Revenues
DUI Offender Fee
001-640-3113-2035
$ 10,000
001-110-1234-1412
10,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December 15, 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: Driving Under the Influence (DUI)
Recovery Program
Background:
During Fiscal Year 2001-02, Roanoke Police Officers arrested 357 individuals for driving
under the influence (DUI). During the same time period, there were 183 alcohol-
related traffic accidents. DUI arrests totaled 395 in Fiscal Year 2002-03, with 187
alcohol-related traffic crashes - representing an 11 percent increase in DUI arrests and
a two percent increase in alcohol-related traffic accidents over the previous fiscal year.
The Roanoke Police Department continues to spend a great deal of time, effort and
money in combating drunk driving in an effort to make the city streets safer through a
variety of special details and checkpoints conducted to decrease the number of drunk
drivers on the streets. Many of these activities were held with the use of grant money to
provide supplemental enforcement to the regular on-duty officers. Additionally, officers
distributed literature to educate motorists on the dangers of drunk driving and what to do
if a drunk driver is spotted by a citizen. While these efforts do serve to help make our
streets safer, the problem persists.
Considerations:
Virginia State Code 915.2-1716 allows localities to enact an ordinance to recover
reasonable expenses incurred by the locality from persons violating DUI, reckless
driving, driving without a license, and other provisions when providing an appropriate
emergency response to any accident or incident related to such a violation. In
deterrnining the "reasonable expenses", a locality may bill a flat fee of $100 or a minute-
by-minute accounting of actual costs incurred not to exceed the aggregate of $1,000.
For example, Roanoke County and the City of Virginia Beach have enacted such an
Honorable Mayor Smith and Members of City Council
DUI Recovery Program
Page 2
ordinance and their Police Departments currently bill convicted DUI offenders $100 to
recover costs incurred by the City for the officer's time.
This ordinance will serve to enhance our efforts to make our streets safer and allow the
City to recoup a portion of the cost of public resources expended in response to DUI
incidents. Roanoke's General District Court currently provides the Police Department
with a post-court docket, which indicates those individuals convicted of a DUI offense
within the city. Using the information provided through the docket, each offender would
be billed $100 by Police Department staff for each DUI conviction using the City-wide
Billing System. At this point, the billing initiative would be separate and apart from the
Court System fines; however, the collection process may be handled by the Court at
some future date.
Projected annual revenue is estimated at approximately $20,000. Funds recovered
through this program would be used by the Police Department to purchase traffic/DUI
enforcement equiprnent and related educational materials to enhance our efforts to
combat drunk driving.
Recommended Action:
Adopt an ordinance amending and re-ordaining the Code of the City of Roanoke (1979),
as amended, by adding a new section under Article I, "Sec. 20-17. Reimbursement of
expenses incurred in respondinq to DUI incidents and other traffic incidents", to Chapter
20, Motor Vehicles & Traffic, and provide for an effective date of January 1, 2004.
Adopt a revenue estimate of $10,000 in Account Number 001-110-1234-1412, DUI
Offender Fee, for fees anticipated during the second half of FY 2004; and appropriate
funding in the same amount to Account Number 001-640-3113-2035, Expendable
Equipment.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:mds
Attachment
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
Ron S. Albright, General District Court Clerk
Dana D. Long, Manager of Billings & Collections
CM03-0242
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
December 18, 2003
File #379
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36577-121503 authorizing the City Manager's
issuance of Change Order No.3 to the City's contract with H. & S. Construction Company
for changes in design and corrections to existing drainage problems in connection with the
Mill Mountain Greenway.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
S?i:~ ;.~
Mary F. Parker, CMC
City Clerk
MFP:ew
Attachment
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Sherman M. Stovall, Acting Director, Office of Management and Budget
Elizabeth Belcher, Executive Director, Roanoke Valley Greenways, P. O. Box
29800, Roanoke, Virginia 24018
A
f,1J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36577-121503.
AN ORDINANCE authorizing the City Manager's issuance of Change Order NO.3 to the
City's contract with H. & S. Construction Company for changes in design and corrections to existing
drainage problems in connection with the Mill Mountain Greenway; and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the City, in a form
approved by the City Attorney, Change Order No.3 to the City's contract with H. & S. Construction
Company for changes in design and corrections to existing drainage problems in connection with the
Mill Mountain Greenway, all as more fully set forth in the letter to this Council dated December 15,
2003.
2. This Change Order will provide authorization for additions in the work with an increase
in the amount of $102,559 to the contract, all as set forth in the above letter.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\Measures\CO No 3 H&S Mill Mountain Greenway.doc
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 18, 2003
File #379
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36576-121503 amending and reordaining certain
sections of the 2003-2004 Capital Projects Fund Appropriations, in connection with
issuance of Change Order No.3 to the City's contract with H. & S. Construction Company
for changes in design and corrections to existing drainage problems associated with the
Mill Mountain Greenway.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
Ael~ /fJ~
Mary F. ParKer, CMC
City Clerk
MFP:ew
Attachment
Jesse A. Hall
December 18, 2003
Page 2
pc: Darlene L. Burcham, City Manager
Philip C. Schirmer, City Engineer
\>'~ ')
INTHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No; 36576~121503.
AN ORDINANCE to transfer funding from various projects related to change order
number 3 for the Mill Mountain Greenway Project, amending and reordaining certain
sections of the 2003-2004 Capital Projects Fund Appropriations, and dispensing with the
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2003-2004 Capital Projects Fund Appropriations be, and the same are
hereby, amended and reordained to read and provide as follows:
Appropriations
Appropriated from 1999 Bond Funds
Appropriated from 1999 Bond Funds
Appropriated from General Revenue
Appropriated from 1999 Bond Funds
Appropriated from 1996 Bond Funds
Appropriated from 1999 Bond Funds
Appropriated from 1999 Bond Funds
Appropriated from 1999 Bond Funds
Appropriated from General Revenue
Appropriated from 1996 Bond Funds
008-530-9811-9001
008-530-9789-9001
008-530-9756-9003
008-530-9795-9001
008-052-9689-9088
008-052-9695-9001
008-530-9788-9001
008-052-9721-9001
008-052-9721-9003
008-052-9721-9088
$ (33,083)
( 30,000)
( 14,795)
( 8,887)
( 4,586)
( 3,925)
( 2,965)
78,860
14,795
4,586
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
December 15, 2003
Honorable Ralph K. Srnith, 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:
Change Order No.3
Mill Mountain Greenway
Greenways were first proposed for the City of Roanoke by landscape architect John Nolan
in the 1907 and 1928 comprehensive plans he developed for the city. Nolan realized that
the beneficial aspects of greenways extended far beyond their recreational value. Since
that time, the Roanoke Valley community has undertaken an extensive and ambitious
greenways development plan.
Subject:
The Mill Mountain/Prospect Greenway was included in the Roanoke Valley Conceptual
Greenway Plan, and selected as the region's pilot greenway project in 1995 by the
Roanoke Valley Greenways Committee, which is comprised of representatives of all four
Roanoke Valley governments. As originally envisioned, the greenway was to connect
three of the valley's most visited destinations, linking the Market area with attractions on
Mill Mountain, continuing on to the Blue Ridge Parkway. Due to budget constraints and
other factors, the scope of the project has been divided into phases. The present phase,
named the Mill Mountain Greenway and completed in September of 2003, allows walkers,
runners, and bicyclists to travel from the Market area, through Elrnwood Park, across Elm
Avenue and down Williamson Road, across the Walnut Street Bridge, to Piedmont Park,
overlooking the Roanoke River.
Due to changes in design and corrections to existing drainage problems, additional work
was requested by City staff, which consisted of substituting planted medians for the
concrete barrier shown on the plan, adding drainage infrastructure to Williamson Road and
Piedmont Street, repaving of the greenway, the addition of sidewalk and curb on Laurel
Street, and design changes at Hamilton Terrace and Piedmont Park. Such work has been
done and a change order is needed in the amount of $102,559 to pay for such work. Two
change orders have previously been administratively executed.
The Honorable Mayor and Members of Council
December 15, 2003
Page 2
Council approval is required as the amount of this change order, combined with the two
prior change orders, exceeds twenty-five percent (25%) of the original contract amount for
this project.
Funding for Change Order No.3 is available in unspent balances from completed projects
as follows:
$ 33,083
30,000
14,795
8,887
4,586
4,318
3,925
2,965
$102.559
Barnhart Street Drainage Improvements, account number 008-530-9811
RCIT Detention Maintenance Design Fees, account number 008-530-9789
Roanoke River Greenway Phase 2, account number 008-530-9756
Summit Hills Storm Drain Phase II, account number 008-530-9795
Forest Park Drainage Project, account number 008-052-9689
Mill Mountain Greenway, account number 008-052-9721
Sumrnit Hills Drainage Project Phase I, account number 008-052-9695
Ore Branch Channel Design Fees, account number 008-530-9788
Recommended Actions:
Authorize the City Manager to execute Change Order No.3 in the amount of $102,559
with H. & S. Construction Company for the above work.
Transfer the amounts of $33,083 from Barnhart Street Drainage Improvements, account
nurnber 008-530-9811; $30,000 from RCIT Detention Maintenance Design Fees, account
number 008-530-9789; $14,795 frorn Roanoke River Greenway Phase 2, account
number 008-530-9756; $8,887 from Summit Hills Storm Drain Phase II, account number
008-530-9795; $4,586 from Forest Park Drainage Project, account number 008-052-9689;
$3,925 from Summit Hills Drainage Project Phase I, account number 008-052-9695; and
$2,965 from Ore Branch Channel Design Fees, account number 008-530-9788; to Mill
Mountain Greenway, account number 008-052-9721.
DLB/KDK/na
Respectfully submitted,
\
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, P.E., L.S., City Engineer
#CM03-00243
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
December 18, 2003
File #448
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36578-121503 authorizing execution of Amendment
NO.1 to the Roanoke Valley Regional Cable Television Committee Agreement with the City
of Roanoke, the County of Roanoke and the Town of Vinton, to reflect references to
recently adopted Cable Television Franchise Ordinances and Cable Television Franchise
Agreements, effective October 31,2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
Sincerely,
)~~~
~ .
Mary F. Parker, CMC
City Clerk
11,
MFP:ew
Attachment
Darlene L. Burcham
December 18, 2003
Page 2
pc: Robert R. Altice, Chair, Roanoke Valley Regional Cable Television Committee, 616
South Maple Street, Vinton, Virginia 24179
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 24018-0798
Elaine Simpson, Cable Access Director, Roanoke Valley Television, 541 Luck
Avenue, S. W., Suite 145, Roanoke, Virginia 24016
Jesse A. Hall, Director of Finance
John A. Elie, Director, Department of Technology
/"
Pll}
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 2003.
No. 36578-121503.
AN ORDINANCE approving and authorizing execution of Amendment NO.1 to the Roanoke
Valley Regional Cable Television Committee Agreement among the City of Roanoke, the County of
Roanoke and the Town of Vinton; and dispensing with the second reading by title of this ordinance.
WHEREAS, the City of Roanoke, the County of Roanoke, and the Town of Vinton
previously entered into a Roanoke Valley Regional Cable Television Committee Agreement dated
June 9, 1992, that authorized the Committee to provide for the development, administration, and
operation of cable television governmental, educational and institutional facilities and programming;
and
WHEREAS, the three jurisdictions have enacted Cable Television Franchise Ordinances
effective October 31, 2003, and entered into Cable Television Franchise Agreements, pursuant to
those ordinances, with CoxCom, Inc., d/b/a Cox Communications Roanoke; and
WHEREAS, the Roanoke Valley Regional Cable Television Committee Agreement needs to
be modified to reflect references to the recently adopted Cable Television Franchise Ordinances and
Cable Television Franchise Agreements mentioned above.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the substance of the terms of Amendment No.1 to the
Roanoke Valley Regional Cable Television Committee Agreement attached to the City Manager's
letter to Council dated December 15, 2003.
2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, Amendment No.1 to the Roanoke Valley Regional Cable
Television Committee Agreement in a form substantially similar to the one attached to the above
mentioned City Manager's Letter.
H:\Measures\Amd NO.1 RVCTC Agreement.doc
1
3. The form of the Amendment shall be approved by the City Attorney.
4. The City Manager is authorized to take such further action and execute such additional
documents as may be necessary to implement and administer such Amendment No. I to the Roanoke
Valley Regional Cable Television Committee Agreement and the Agreement itself
5. Pursuant to the provisions of Section 12 ofthe City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk
H:\Measures\Amd NO.1 RVCTC 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
December 15, 2003
Honorable Ralph K. Srnith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe. Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Subject: Amendment NO.1 to Roanoke Valley
Regional Cable Television Committee
Agreement
Dear Mayor Smith and Members of City Council:
This Arnendment updates the Roanoke Valley Regional Cable Television
Committee (RVRCTC) Agreement (the 'Agreement') to reaffirm the continued
participation of Roanoke City, Roanoke County, and Vinton Township in the Agreement.
Roanoke County and Vinton adopted revised ordinances and franchise agreements to
support their continued participation in RVRCTC shortly after the Roanoke City Council
adopted similar agreements on October 6, 2003. This Amendment updates the
Agreement to incorporate the actions of the County and Vinton, as follows:
On October 6, 2003, City Council adopted Ordinance No. 36503-100603, which
provided for a revised Cable Television Franchise Ordinance for the City and provided
for an effective date of October 31, 2003. On October 7, 2003, Vinton Town Council
adopted Ordinance No. 792, which is substantially similar to the City's. On October 28,
2003, Roanoke County adopted Ordinance No. 102803-12, which is substantially similar
to the City's. The three Ordinances provided that each jurisdiction affirmed its
continued participation in and support of the Roanoke Valley Regional Cable Television
Committee (CATV Committee) which had been created by an agreement dated June 9,
1992, among the three jurisdictions (RVRCTC Agreement). Such Agreement provides
for the Committee to provide for the development, administration, and operation of cable
Mayor Smith and Members of City Council
December 15, 2003
Page 2
television governmental, educational and institutional facilities and programming and
referred to the prior ordinances adopted by the jurisdictions in 1991.
Pursuant to the ordinances adopted by each of the jurisdictions in October 2003,
each jurisdiction has entered into a Cable Television Franchise Agreement between the
respective jurisdiction and CoxCom, Inc., d/b/a Cox Communications Roanoke as of
November 1, 2003.
The RVRCTC Agreement needs to be modified to provide references to the
current Cable Television Franchise Ordinances and the Cable Television Franchise
Agreements entered into by each of the jurisdictions. Accordingly, an Amendment No.
1 to such Agreement has been drafted and reviewed by counsel for the three
jurisdictions and requires approval by City Council. A copy of Amendment No. 1 is
attached to this letter as Attachment A.
Recommended Action:
Council approve the terrns of Amendment No. 1 to the RVRCTC Agreement as
set forth in attachment A to this letter and authorize the City Manager to execute such
Amendment in a form substantially similar to the one attached to this letter, in a form
approved by the City Attorney.
Authorize the City Manager to take such further action and execute such
additional documents as may be necessary to implement and administer Amendment
NO.1 to the RVRCTC Agreement and the Agreement itself.
Respectfully subrnitted,
Darlene L. Burcham
City Manager
c: Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
John Elie, Director, Department of Technology
CM03-0240
AMENDMENT NO.1 TO
ROANOKE VALLEY REGIONAL
CABLE TELEVISION COMMITTEE
AGREEMENT
THIS Amendment No. 1 is dated
, 2003, by and between the CITY
OF ROANOKE, a municipal corporation of the Commonwealth of Virginia ("City"); the
COUNTY OF ROANOKE, a political subdivision of the Commonwealth of Virginia
("County"); and the TOWN OF VINTON, a municipal corporation of the
Commonwealth of Virginia ("Town").
RECITALS
WHEREAS, by the Roanoke Valley Regional Cable Television Committee
Agreement, by and between the City, the County and the Town, dated as of June 9, 1992
(the "Agreement"), the City, the County and the Town authorized the creation of the
Roanoke Valley Regional Cable Television Committee (the "Committee") and authorized
that Committee to provide for the development. administration, and operation of cable
television governmental, educational and institutional facilities and programming; and
WHEREAS, by Ordinance Nos. 36503-100603,102803-12, and 792, effective
October 31, 2003, respectively (the "New Ordinances"), the City, the County, and the
Town have repealed and superceded Ordinances Nos. 30478-42291,42391-5, and 545,
respectively (the "Ordinances"), with the New Ordinances governing the granting and
regulation of one or more franchises to construct, operate, and maintain one or more
cable television systems within their jurisdictions; and
C:\DOCUME-l \cmsml.OOO\WCALS-l\Temp\c.lotus.notes.data\Cable Television Agmnt Amendment No.1 1103.DOC
WHEREAS, pursuant to the New Ordinances, the City, the County, and the Town
have entered into new Cable Television Franchise Agreements with Cox Com, Inc., d/b/a
Cox Communications Roanoke, effective November I, 2003 ("New Franchise
Agreements"); and
WHEREAS, the City, the County and the Town desire, subject to the terms set
forth herein and in the Agreement, to continue the Agreement and the operation of the
Committee during the term of the New Franchise Agreements; and
WHEREAS, the City, the County and the Town desire to amend the Agreement to
reflect the New Ordinances and New Franchise Agreements.
WITNESSETH
THAT FOR AND IN CONSIDERATION of the mutual covenants and
agreements contained herein, the parties hereto, pursuant to the provisions of Section
15.2-1300 of the Code of Virginia (1950), as amended, do covenant and agree to amend
the Agreement and continue such Agreement and the operation of the Committee upon
the terms and conditions set forth herein.
Section 1.
The Agreement is hereby amended as follows:
(a) Section I, Term, of the Agreement is amended by striking "Cable
Television Franchise Agreements granted pursuant to the Ordinances by the City, County
and Town to Cox Cable Roanoke, Inc., ('Franchise Agreements')" and substituting in its
place, "New Franchise Agreements granted pursuant to the New Ordinances".
(b) Section II, Establishment and Terms of Members, of the Agreement is
amended by (i) striking "Section 11 of the Ordinances" and substituting in its place,
- 2 -
"Section 5 of the New Ordinances", and (ii) substituting a copy of Section 5 of the New
Ordinances as Exhibit A to the Agreement.
(c) Section III, Purpose and Administration, of the Agreement is amended by
(i) striking the reference to "Ordinances" and replacing it with "New Ordinances", (ii)
striking all references to "Franchise Agreements" and replacing them with "New
Franchise Agreements", and (iii) striking the reference to "Cox Cable Roanoke, Inc." and
replacing it with "Cox Com, Inc., d/b/a Cox Communications Roanoke".
(d) Section IV, Financing and Budgets, of the Agreement is amended by
striking the reference to "Cox Cable Roanoke, Inc." and replacing it with "Cox Com, Inc.,
d/b/a Cox Communications Roanoke".
Section 2. All the terms and provisions of the Agreement shall continue to be
unchanged and remain in full force and effect, except as modified above.
WITNESS the following signatures and seals:
CITY OF ROANOKE
ATTEST
By:
Title:
By:
Title:
COUNTY OF ROANOKE
ATTEST
By:
Title:
By:
Title:
- 3 -
TOWN OF VINTON
By:
Title;
Approved as to form
By
City Attorney
-4-
ATTEST
By:
Title;
Approved as to Execution
By
City Attorney
Exhibit A to Amendment No.1
Section 5. Roanoke Vallev Reaional Cable Television Committee.
As of the date of adoption of this Ordinance, the County, the City and the Town
have, pursuant to ordinances duly adopted by each of them, jointly established a
committee known as the Roanoke Valley Regional Cable Television Committee (the
"CATV Committee"). By adoption of this Ordinance, the City does hereby affirm its
continued participation in and support of the CATV Committee, which shall comprise
eleven (11) members and have the duties and responsibilities as set forth below:
(a) Members. One member shall be provided from each of the Governing
Bodies of the County, the City and the Town; three members shall be the Chief
Executives (or their designees) from each of the County, the City and the Town; one
member shall be appointed by each of the Roanoke County and Roanoke City School
Boards; and one member-at-Iarge shall be appointed by each of the Governing Bodies
of the County, the City and the Town.
(b) Chairperson. The CATV Committee shall select a chairperson from its
membership, who shall serve for a periOd of one year or such other term as the CATV
Committee may deem appropriate.
(c) Terms of Office. The terms of office of the three at-large members shall
be for three years each, provided that such terms shall be staggered, with a continuation
of the staggered sequence established by the CATV Committee prior to the adoption of
this Ordinance; members from the Governing Bodies of each of the jurisdictions and
those appointed by their respective School Boards shall serve for such terms as are
determined by their respective appointing authorities.
(d) Meetinas. Meetings of the CATV Committee shall be held not less than
once per year, and at such more frequent times as the Chairperson or the Committee
shall determine; a quorum shall consist of five members. The Committee may adopt
such procedures and bylaws as it deems necessary for the proper exercise of its
responsibilities.
(e) Scope. The CATV Committee shall fulfill its responsibilities with respect
to any Franchisee or applicant for a Franchise as to which the Cable Service provided or
proposed shall extend within or to any portion of all of the three jurisdictions addressed
herein.
(f) Franchisee Attendance. The General Manager (or his or her designee) of
each Franchisee within the scope of the CATV Committee's responsibilities shall be
afforded the opportunity to attend each meeting of the CATV Committee, with at least
ten (10) days advance notice to be provided whenever reasonably possible, except
when the CATV Committee meetings holds a closed meeting.
(g) Powers and Duties. The CATV Committee shall:
(i) Advise the affected Governing Bodies concerning any applications
for Franchises.
(ii) Provide for the development, administration, and operation of EG
access facilities and programming for the City, County and Town as provided for in this
Ordinance and any franchise agreements. The administration of all such EG activities
shall be undertaken by the Committee.
(iii) Monitor each Franchisee's compliance with the provisions of this
Ordinance and any Franchise granted hereunder, and advise affected Governing Bodies
of matters that may constitute grounds for a monetary forfeiture or Franchise revocation.
(iv) Advise the affected Governing Bodies concerning the regulations
of Cable rates.
(v) Receive, record and consider Subscriber complaints that have not
been resolved by a Franchisee; attempt to resolve and respond to all such complaints,
maintaining a record of all resolutions: and report annually to each Governing Body the
results of its actions with respect to such complaints.
(vi) Review any proposed transfer of a Franchise and recommend
whether such transfer should be approved.
(vii) Coordinate review of each Franchisee's records as may be
required by this Ordinance.
(viii) Encourage the use of such EG access channels and facilities as
are required under this Ordinance or any Franchise by the widest range of institutions,
groups and individuals within the Service Areas of the respective Franchisees,
consistent with applicable law.
(ix) Review budgets prepared by departments within affected
jurisdictions for EG channel usage, and coordinate the expenditure of any capital grant
funds provided by any Franchisee to maximize the potential and provide for the full
development of EG channel usage.
(x) Advise the Governing Bodies of the jurisdictions addressed herein
as to proposed rules and procedures under which a Franchisee may use unused EG
channel capacity for the provision of other services, and under which such Franchisee
use shall cease.
(xi) Coordinate programming and activities on EG channels, develop
appropriate policies and procedures therefor, and assist in preparation and review of
budgets for all cablecasting activities on EG channels.
(xii) Maintain records in accordance with statutory requirements.
:~~;;
\,.~~\'~~~
',; "
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box t220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver@ci.roanoke.va.us
JESSE A. HALL
Director or Fiaante
email: josse_hall@Ci.roanokc.va.us
December 15, 2003
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:
Subject: FY03 Audited CMERP
In mid-September, Council was presented with the unaudited total of funds available for capital
maintenance and equipment replacement (CMERP). Due to the short period of time in which
the annual closing process is completed, these amounts were partially based on estimates. The
calculations used to achieve these estimates were based on a 60-day period of availability for
revenues received after year-end. Similarly, expenditures are subject to accrual to the extent
they relate to goods or services received prior to June 30th.
During the course of annual financial statement preparation, actual revenues and expenditures
were identified, and some adjustments were made to incorporate actual data into the FY03
financial statements. This resulted in an adjustment to CMERP for both the General Fund and
the School Fund. Adjustments in General Fund CMERP stemmed from changes in general
local tax revenues and an expenditure accrual which generated a net increase of $175,401. Of
this amount, $101,069 was shared with the School Board based on our revenue sharing
formula. Adjustments in the School Fund stemmed from changes in school sales tax revenues
which generated an increase of $103,485. Total School CMERP increased $204,554, while
City-retained CMERP increased $74,332. A comparison of unaudited and audited CMERP is as
follows:
Unaudited Audited Increase
General Fund - City Portion $2,480,774 $2,555,106 $ 74,332
General Fund - School Portion 529,557 630,626 101.069
Total General Fund $3,010,331 $3,185,732 $175,401
School Fund $2,000,149 $2,103,634 $103,485
Honorable Mayor and Members
of City Council
December 15, 2003
This report is provided for your information and no action is required. I will be pleased to answer
any questions City Council may have regarding this matter.
Respectfully submitted,
q~tl. ddI
Jesse A. Hall
Director of Finance
JAH/DH
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of Schools
Richard Kelley, Assistant Superintendent for Operations
Sherman M. Stovall, Acting Director of Management & Budget
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
December 18, 2003
File #24-51
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36579-121503, amending and reordaining 936.1-25,
Definitions, of Article II, Construction of Language and Definitions, and 936.1-207, Special
exception uses, of Division 3, Commercial District Regulations, of Article III, District
Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as
amended, to permit the establishment of outpatient mental health and substance abuse
clinics as a special exception use in only the C-2, General Commercial District, of the City
of Roanoke.
The above referenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
S~'..., I;J~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Darlene L. Burcham
November 18, 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
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
Rolanda B. Russell, Assistant City Manager for Community Development
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W. Roanoke, Virginia 24014
Martha P. Franklin, Secretary, City Planning Commission
Steven J. Talevi, Assistant City Attorney
Sherman M. Stovall, Acting Director, Office of Management and Budget
Susan S. Lower, Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
~ lo~
j~l~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36579-121503.
AN ORDINANCE amending and reordaining 936.1-25, Definitions, of Articl~ II,
Construction of Language and Definitions, and ~36.1-207, Special exception uses, of
Division 3, Commercial District Regulations, of Article III, District Regulations, of Chapter
36.1, Zoning. of the Code of the City of Roanoke (I979), as amended, to permit the
establishment of outpatient mental health and substance abuse clinics as a special exception
use in only the C-2, General Commercial District, of the City of Roanoke; and dispensing
with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
I. Section 36.1-25, Definitions, of Article II, Construction of Language and
Definitions. of Chapter 36.1, Zoning. of the Code of the City of Roanoke (I979), as
amended, is hereby amended and reordained to read and provide as follows:
Section 36.1-25. Definitions.
For the purpose of this chapter certain terms and words used herein shall be defined as
follows:
* * *
Outpatient mental health and substance abuse clinics: An establishment
which provides outpatient services primarily related to the treatment of mental
health disorders, alcohol, or other drug or substance abuse disorders, which
services include the dispensing and administering of controlled substances and
pharmaceutical products by professional medical practitioners as licensed by
the Commonwealth of Virginia.
o-ca-MethadoneClinic
* * *
2. Section 36.1-207, Special exception uses, of Division 3, Commercial District
Regulations, of Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the
City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide
as follows:
Sec. 36.1-207. Special exception uses.
The following uses may be permitted in the C-2 district by special exception granted
by the board of zoning appeals subject to the requirements of this section:
* * *
(4) Outpatient mental health and substance abuse clinics.
* * *
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
o-ca-MethadoneClinic
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning Appeals
Planning Commission
December 15, 2003
Mr. Robert B. Manetta, Chairman, Planning Commission
Mr. Richard A. Rife, Vice Chairman, Planning Commission
Mr. Gilbert E. Butler, Jr., Planning Commission
Mr. Kent D. Chrisman, Planning Commission
Ms. Paula Prince, Planning Commission
Mr. Henry Scholz, Planning Commission
Mr. Fredrick M. Williams, Planning Commission
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Members of the Planning Commission and City Council:
Subject:
Amending the following sections of Chapter 36.1, Zoninq, of
the Code of the City of Roanoke (1979), as amended:
936.1-25, Definitions, and 936.1-207, Special exception
uses, to permit the establishment of outpatient mental health
and substance abuse clinics as a special exception use in
only the C-2, General Commercial District, of the City of
Roanoke.
Background:
The City of Roanoke Zoninq Ordinance provides a single, broad definition of a
"medical clinic", defining it as "an establishment which offers medical- or health-
related counseling or treatment (including diagnosis), including dental, optical,
and psychiatric treatment, where treatment is offered by more than two (2)
licensed professional medical practitioners." A "medical clinic" is currently
permitted as a use by right in the C-2, General Commercial District, and in the
C-3, Central Business District, and is permitted by special exception in the CN,
Neighborhood Commercial District, the C-1, Office District, and the LM, Light
Manufacturing District.
The current definition of "medical clinic" covers a wide range of medical
specialties, practices, and services. While most medical facilities and clinics
have similar physical, functional, and land use characteristics, there are other
types of facilities that, by nature of their operational and functional needs or
characteristics, could have potential adverse impacts on adjacent land uses.
Certain medical clinics which provide services for drug and alcohol abuse or
treatment of mental illness have the potential to exhibit operational hours, parking
needs, and security measures that are unique unto themselves, and are not
shared by other medical clinic facilities as contemplated by the current zoning
ordinance definition.
Considerations:
To address potential adverse impacts of some types of medical clinics that are
accommodated by the current definition in the Zoninq Ordinance, one alternative
would be to maintain the current broad definition of medical clinics and regulate
all such clinics on a case-by-case basis as special exception uses as opposed to
the manner in which they are regulated currently, either by special exception or
by right depending on the applicable zoning district. This option, however, while
sufficiently addressing new locations, would result in allowing any existing
medical clinic location to change its medical specialty or type of practice without
obtaining a special exception permit.
Therefore, in order to more clearly define and regulate certain types of medical
clinics, which tend to exhibit unique functional and operational characteristics,
these proposed text amendments establish a newly defined land use as follows:
Outpatient Mental Health and Substance Abuse Clinic: An
establishment which provides outpatient services related to
the treatment of mental health disorders, alcohol, or other
drug or substance abuse disorders including the dispensing
and administering of controlled substances and
pharmaceutical products by licensed professional medical
practitioners.
The proposed text amendments would permit "outpatient mental health and
substance abuse clinics" in the C-2, General Commercial District, upon the
issuance of a special exception by the Board of Zoning Appeals. Such regulation
would provide a specific process for the review and approval of these unique
types of medical facilities including general public notice of such a proposed use,
the notification of abutting property owners, and a public hearing by the Board of
Zoning Appeals. These text amendments allow for the retention of the current
definition and regulation of other types of medical clinics as originally
contemplated by the Zoninq Ordinance.
Given the continuing evolution of healthcare delivery systems, and the potential
for land uses that are accommodated under the term "medical clinic", as currently
defined, to be more intensive than originally contemplated, the Zoning Ordinance
should set forth clearer definition and more appropriate regulation of certain
types of medical facilities. The proposed amendments will strengthen the City's
ability to preserve the integrity of future land use and provide a public forum for
consideration of those medical facilities exhibiting unique operational and
functional characteristics.
The proposed text amendments, which give the City a process to better address
the potential concerns of higher intensity medical facilities, further the
recommended actions of Vision 2001-2020 to update the zoning ordinance to
accommodate changes in lands uses and to protect and improve the quality of
life in the City's neighborhoods. The amendments are also consistent with
Vision 2001-2020's policies that stress compatibility of uses and the protection
of the City's neighborhoods.
Recommendation:
Given the evolution of health care delivery systems and Vision 2001-2020' s
recommendations to update the zoning ordinance to accommodate changes in
land uses, the Planning Commission should recommend approval of the
proposed text amendments to City Council.
City Council should consider the recommendation of the Planning Commission.
Respectfully submitted,
~ ~I{/~
R. Brian Townsend, Agent
Roanoke City Planning Commission
Attachments
c: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Mary F. Parker, City Clerk
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
.._,
,
The Roanoke Times I
II
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - _ _ _ _ _ _ _ _ ....-0;. _ _ _ _ _ _ _ _ _ _ _ _ _
,
1"'
CITY OF ROANOKE, PDV
215 CHURCH, RM 166
PLANNING, BLDG., DEV
ROANOKE VA 24011
IllI~CE~lICHEAIIIIlC
REFERENCE: 80076514
02264273
Substance Abuse
TO WHOM rr MAY CONCERN:
The Council of the CIty of
Roenoke and the Roanoke City
Planning Commission will hold
a joint public hearlng on Mon-
day, December 15, 2003, at
7:00 p_m., or as lOon thereaf-
ter .. the matter lNlYbe
heard, In. Older to, conaIder
amel'Klments to Chapter 38.:1.,
ZONING, Code of -the CIty of
Roan. (1979), .. amended.
CItlzel1foftheCllywllbe
gJven"'~toappear
and be heard by Council on
theaul:l:lecloftheproposed
amendments.
State of Virginia
City of Roanoke
The proposed amendm.nts
would amend the followlng
sectIonIofChlPPtlr36.1.Zor\.
Ing. of the Code oft/1e City of
Reanohe (1979), .. amended:
t36.1-25, Definltlona, and
138.1-207, SpecIII ExceptIon
Uses, to permit the establish_
ment of outpatient mental
health and substance abuse
cllnJee aa a special exception
use In only the Co2, General
,Con'ImeR:l~1 Dlstrfct, of the
City of Roanoke. A copy of
such propo&ed amendments Is
available for review In the
OI'I'Ice Of the City Clel'k, Room
456,. Noel e. Taylor Munlclpal
,BuIlding. QwstIons about the
content of the proposed
amendments ,hou/dbe
directed 1D the omce .of P1an~
'oInt. Building and Develop-
,men!, 853-1730.
rfYOU"8P8l8011w1thadla-
ablNty who needa accommoda-
tions for this h88l'1ng, please
COntacl:theCltyClerk'sOl'ftce
(853-2541), before 12:00
noon on Thursday, Dec8mber
11, 2003,
Air partlIs In Interest may
appear on the ablMI date and
behNrdonthequestlon.
GIVEN under my haod this
17th day of November, 2003.
MltyF.Parker, CIty Clerk
,
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~~. Sworn and subscribed before me this
__'Lj___day of December 2003. Witness my hand and
official seal.
~~~
_ ~_ ~ ___ Nota Public
Mt com;As1 e ires --~:3.Lr-'I.W-7-.
PUBUISHED ON: 11/28 12/05
Martha P. Franklin,
-~,
PIlIInnlng Commission
(2264273)
TOTAL COST:
FILED ON:
337.40
12/05/03
---- - - - - - - - - ---- - - - - - - - - - ---------------- -- - - - - --- ------------- - ---------- - --
Authorized \:\\ D~~ft~AAA
Signature:____~~-~----------'
Billing Services Representative
't
~\,,\~
\\~ ,'\
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council ofthe City of Roanoke and the Roanoke City Planning Commission will hold
a joint public hearing on Monday, December 15, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in order to consider amendments to Chapter 36.1, Zoning, Code of the City
of Roanoke (1979), as amended. Citizens of the City shall be given an opportunity to appear and
be heard by Council on the subject of the proposed amendments.
The proposed amendments would amend the following sections of Chapter 36.1, Zoning,
of the Code of the City of Roanoke (1979), as amended: 936.1-25, Definitions, and 936.1-207,
Special exception uses, to permit the establishment of outpatient mental health and substance
abuse clinics as a special exception use in only the C-2, General Commercial District, of the City
of Roanoke. A copy of such proposed amendments 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 amendments 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, December 11, 2003.
All parties in interest may appear on the above date and be heard on the question.
GIVEN under my hand this17th day of November
,2003.
Mary F. Parker, City Clerk
Martha P. Franklin, Secretary, Planning Commission
Note to Publisher:
Please publish twice in The Roanoke Times: Friday, November 28, 2003 and December 5, 2003.
Send Publisher's Affidavit and Bill to the following individuals:
Mary F. Parker, City Clerk
Martha P. Franklin, Secretary, Planning
Commission
Room 166
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Room 456
Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 240 II
H:\NOTICES\NOTICE OF PUBLIC HEARING-MedicaIClinics121503.doc
'C
~\~,\~
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council ofthe City of Roanoke and the Roanoke City PI arming Commission will hold
a joint public hearing on Monday, December 15, 2003, at 7:00 p.m., or as soon thereafter as the
matter may be heard, in order to consider amendments to Chapter 36.1, Zoning, Code of the City
of Roanoke (1979), as amended. Citizens of the City shall be given an opportunity to appear and
be heard by Council on the subject of the proposed amendments.
The proposed amendments would amend the following sections of Chapter 36.1, Zoning,
of the Code of the City of Roanoke (1979), as amended: 936.1-25, Definitions, and 936.1-207,
Special exception uses, to permit the establishment of outpatient mental health and substance
abuse clinics as a special exception use in only the C-2, General Commercial District, of the City
of Roanoke. A copy of such proposed amendments 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 amendments should be directed to the Office of Plarming, 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, December 11,2003.
All parties in interest may appear on the above date and be heard on the question.
GIVEN under my hand this17th day of November
,2003.
Mary F. Parker, City Clerk
Martha P. Franklin, Secretary, Plarming Commission
Note to Publisher:
Notice to Publisher:
Publish in the Roanoke Tribune once on Thursday, December 4,2003.
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 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
MARY F. PARKER, CMC
City Clerk
December 18, 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 No. 36580-121503 rezoning a certain parcel of land
totaling 0.379 acre, more or less, located at the corner of Yellow Mountain Road and
Melcher Street, S. E., identified as Official Tax No. 4300722, from CN, Neighborhood
Commercial District, to RM-1, Residential Multi-family, Low Density District, subject to the
proffers contained in the Petition filed in the Office of the City Clerk on November 6, 2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
S^,,,,,,, J. P ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Edward A. Natt
December 18, 2003
Page 2
pc: Mr. David M. Guilliams, et ai, 3755 Melcher Street, S. E., Roanoke, Virginia 24014
Ms. Melynda Surface, 3624 Yellow Mountain Road, S. E., Roanoke, Virginia 24014
Mr. David M and Virginia S. Robertson, 3752 Melcher Avenue, S. E., Roanoke,
Virginia 24014
Ms. Frances V. Manuel, 3711 Yellow Mountain Road., S. E., Roanoke, Virginia
24014
Garden City Elementary School, 3710 Garden City Boulevard, S. E., Roanoke,
Virginia 24014
Ms. Nancy G. Dearing, P. O. Box 8224, Roanoke, Virginia 24014
Mr. Roger W. and Nancy P. Sweeney, 5219 Lewis Road, S. E., Roanoke, Virginia
24014
Mr. Randall L. Webb, 3734 Ventnor Road, S. E., Roanoke, Virginia 24014
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. w., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36580-121503.
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 430, Sectional 1976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant; and
dispensing with the second reading by title of this ordinance.
WHEREAS, Farren and Lynette Webb have made application to the Council of the
City of Roanoke to have the hereinafter described property rezoned from CN, Neighborhood
Commercial District, to RM-l, Residential Multi-family, Low Density District, subject to
certain conditions proffered by the applicant;
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by S36.1-693, 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 December 15,2003, after due and timely notice thereof as required by S36.1-693,
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 ofthe 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. 430 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
That parcel of land located at the comer of Yellow Mountain Road and Melcher
Street, S.E., containing 0.379 acre, more or less, and designated on Sheet No. 430 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4300722, be, and is hereby
rezoned from CN, Neighborhood Commercial District, to RM-I, Residential Multi-family,
Low Density District, subject to the proffers contained in the Petition filed in the Office of
the City Clerk on November 6, 2003, and that Sheet No. 430 of the 1976 Zone Map be
changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCES\O-REZ-WEBB121S03.DOC
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zoning .-\flfleals
Planning Commi.~sion
December 15, 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 Farren Webb and Lynette Webb, represented
by Edward A. Natt, attorney, that property located at the
intersection of Yellow Mountain Road and Melcher Street,
S.E., bearing Official Tax No. 4300722, be rezoned from CN,
Neighborhood Commercial District, to RM-1, Residential
Multifamily, Low Density District, subject to certain
conditions.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November 20, 2003.
Bya roll call vote of 6-0 (Mr. Chrisman absent), the Commission recommended
approval of the rezoning request.
Background:
A Petition to Rezone was filed on September 30, 2003. A First Amended
Petition, with proffered condition, was filed on November 6, 2003. The condition
proffered by the petitioner is as follows:
(a) Each of the lots will be used solely for single-family detached
dwellings.
The subject property totals 0.379 acre, more or less, and is located at the corner
of Yellow Mountain Road and Melcher Street, S.E. The petitioner proposes to
subdivide the subject property and construct three single-family homes on three
lots.
Considerations:
The subject parcel, which was created by the subdivision of a 1.07 acre "through
lot" that contained frontage on both Garden City Boulevard and Melcher Street,
S.E., is currently zoned CN, Neighborhood Commercial District. Surrounding
zoning and land uses are residential and commercial, with all parcels on both
sides of the block face of Melcher Street being residentially zoned and
residentially developed.
· Properties along the entire block face of Melcher Street, S.E., are zoned
RM-1, Residential Multifamily, Low Density District.
· The property adjacent to the rear of the subject property fronts on Garden
City Boulevard, and is developed residentially, but is zoned CN,
Neighborhood Commercial.
· Properties with frontage on Garden City Boulevard at and near the
intersection of Yellow Mountain Road are zoned CN, Neighborhood
Commercial, and include the Garden City Recreation Center operated by
City Parks and Recreation (which building is oriented to Yellow Mountain
Road), a convenience store with gas pumps, and an automobile repair
establishment.
Given that the subject property has no frontage on Garden City Boulevard and
that the balance of the block face of Melcher Street on which the subject property
has frontage is zoned RM-1, the application of the RM-1 zoning classification to
the subject property would be consistent with the residential development along
Melcher Street and would preclude commercial development along a residentially
developed block. The residential development pattern of Melcher Street includes
single-family residential structures ranging in size from 700 square feet to 1600
square feet.
The RM-1 zoning designation would require lots with a minimum lot frontage of
50 feet and a minimum lot area of 5,000 square feet. Such frontage and lot area
are consistent with the residential lots on the interior of the block of Melcher
Street. Furthermore, the petitioner's proffered condition to limit use of the
property to single-family dwellings is consistent with the residential development
pattern of the area.
Given the subject parcel's lack of frontage on Garden City Boulevard and the
residential development pattern of Melcher Street, the subject property creates
an appropriate location for single-family residential development. Furthermore,
such zoning designation would further define the CN, Neighborhood Commercial
District, along Garden City Boulevard and maintain its focus near the intersection
of Yellow Mountain Road.
The development of single-family residential dwellings on the subject property is
consistent with the following policy of Vision 2001.2020:
2
· NH P5. Housing choice: The City will have a balanced, sustainable range
of housing choices in all price ranges and design options that encourage
social and economic diversity throughout the City.
No one has contacted the planning staff in opposition to this petition.
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.
There was no public comment during the hearing.
Recommendation:
The Commission recommends that City Council approve the rezoning request,
given the existing residential development pattern of Melcher Street.
Respectfully submitted,
aekd13~~
Robert B. Manetta, Chairman ~
Roanoke City Planning Commission
attachments
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Edward A. Natt, Attorney for the Petitioner
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FIRST AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of property totaling 0.379 acre, more or less, identified as Tax Map
No. 4300722, located at the corner of Yellow Mountain Road and Melcher Street,
S.E., from CN, Neighborhood Commercial District, to RM-1, Residential Multi-family,
Low Density District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioners, FARREN WEBB and LYNETTE WEBB, are the owners of
property containing 0.379 acre, more or less, which is identified as Tax Map No. 4300722
and situated at the intersection of Yellow Mountain Road and Melcher Street, S.E. Said
tract is currently zoned CN, Neighborhood Commercial District. A map of the property to
be rezoned is attached as Exhibit 1. A concept plan is attached as Exhibit 2-A,
Exhibit 2-8, Exhibit 2-C and Exhibit 2-D.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioners request that property containing 0.379 acre, more or less, which is
identified as Tax Map No. 4300722, be rezoned from CN, Neighborhood Commercial
District, to RM-1, Residential Multi-family, Low Density District, for the purpose of locating
three single-family homes on three lots.
The Petitioners believe 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
a parcel of land located on Melcher Street, S.E. to be used for residential purposes as
other properties in the area are so utilized.
Attached as Exhibit 3 are the names, addresses and tax numbers of the owners
IIJOLL YISYSIUSERSICBaumgardnerlZONINGIWebb 1ST AMD PET TO REZONE.doc
October 31, 2003
of all lots or property immediately adjacent to and immediately across a street or road
from the property to be rezoned.
The Petitioners voluntarily submit the following proffer to be included as a part of
the rezoning request:
(a) Each of the lots will be used solely for single-family detached
dwellings.
WHEREFORE, the Petitioners request that the above-described property be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfully submitted this Sthcj.ayof . N()verrber.. ;}O~
~~er~/~C~/
!../ /!~~
! /'
/i. YNETTE wE.8'Ef' &-' . a
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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
I\JOLL YISYSIUSERSICBaumgardnerlZONINGIWebb 1 ST AMD PET TO REZONE.doc
October 31, 2003
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ADJOINING PROPERTY OWNER L!Sm,IG
Tax MaD No.:
4300722
Yellow Mountain Road, S.E
Applicant/Owner:
Farren Webb and Lynette VIJebb
ADJOINING PROPERTY OW~jERS
This list as follows are those property owners who own property beside, behind or across
the street from the subject property noted above:
CITY OF ROANOKE
Official Tax Number I
Propertv Address
Owner's Name
and Mailinq Address
4300609
3755 Melcher Street, S.E.
David M. Guilliams, et al.
3755 Melcher Street, S.E.
Roanoke, VA 24014
4300611
3712 Yellow Mountain Road, S.E.
Melynda Surface
3624 Yellow IVl0untain Road, S.E.
Roanoke, VA 24014
4300708
3762 Melcher Street, S.E.
David M. and Virginia S. Robertson
3752 Melcher Avenue, S.E.
Roanoke, VA 24014
4301005
3711 Yellow Mountain Road, S.E.
Frances V. Manuel
3711 Yellow Mountain Road, S.E.
Roanoke, VA 24014
4301101
3741 Garden City Blvd., S.E.
Garden City School
215 Church Avenue, S.W., Room 250
Roanoke, VA 24011
IIJOLL YISYSIUSERSICBaumgardnerlZONINGIWebb APO.doc
October 2, 2003
Page 1 of 2
Because Farren Webb and Lynette Webb are the owners of Tax Map No. 4300709
(which is adjacent to the subject property), the following owners of property adjacent to
Tax Map No. 4300709 are included:
Official Tax Number /
Property Address
4300721
3747 Garden City Blvd., S.E.
4400201
3764 Garden City Blvd.,S.E.
4400207
3752 Garden City Blvd., S.E.
IIJOLL YISYSIUSERSICBaumgardnerlZONINGIWebb APQ.doc
October 2, 2003
CITY OF ROANOKE
Owner's Name
and Mailinq Address
Nancy G. Dearing
P. O. Box 8224
Roanoke,VA 24014
RogerW. and Nancy P. Sweeney
5219 Lewis Road, S.E.
Roanoke, VA 24014
Randall L. Webb
3734 Ventnor Road, S.E.
Roanoke, VA 24014
Page 2 of 2
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
I'
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - -..., - - - - - - - - - - - - -
NATT, EDWARD A., ATTY.
3912 ELECTRIC RD.
OSTERHOUDT, PRILLAMA
ROANOKE VA 24018
NOncE OF PUBlIC HEARINC
REFERENCE: B0068694
02264212
Yellow Mtn. Rd.
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 Hearlng on
December 15, 2003, at 7:00
p.m., In the Council Chamber
in the Noel C. Taylor Municipal
Building. 215. Church Aveooe,
S.W., on the question of
rezoning from CN, Neighbor-
hood Commercial District, to
RM-l, Residential Multi-family,
Low Density District, subject
to certain proffered condl-
tions, the following property:
Thatpareel of land located at
the cotner of Yellow Mol.lfltaln
Road and Melcher Street,
S.E., containing 0.379 acre,
more or less, Identlfled as
OffIcial Tax No. 4300122.
A copy of this proposal is
avalleble ftIr public Inspection
In the OffIce ofUle City Clerk,
Room 456, Noel C~ Taylor
Municipal Building. AM parties
In Interest may appear on the
above date end be heard onl
thequestlon. I
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Vi~~l~~~. Sworn and subscribed before me this
_~~ay of December 2003. Witness my hand and
o~al seal. ~
~ Notary Public
M~commissio ~T~~-1--.
If you are a personwlth 8 dis-
ability who neede accommoda-
tions for tIli.. public hearlng.
cont&ct the City Clerk's OffIce,
853-2541, by Thursday,
December 11, 2003,
GIVEN under my hand ttlls
24th day of N0\/'8mber, 2003.
M8I)'F. P8I1ler,CItyClerk.
(2264212) . .
FD3LISHED ON: 11/2B 12/05
TOTAL COST:
FILED ON:
250.64
12/05/03
--------------------------------------------------+---------------------------
~~::~~~~:~___~-~--~-------, 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
December 15,2003, 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 CN, Neighborhood
Commercial District, to RM-I, Residential Multi-family, Low Density District, subject to
certain proffered conditions, the following property:
That parcel of land located at the comer of Yellow Mountain Road and
Melcher Street, S.E., containing 0.379 acre, more or less, identified as Official
Tax No. 4300722.
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, December 11, 2003.
GIVEN under my hand this24th day of November
,2003.
Mary F. Parker, City Clerk.
N-Rezo-RosenbergI02303
Notice to Publisher:
Publish in the Roanoke Times once on Friday, November 28, 2003, and once on Friday, December 5,
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.e.
P. O. Box 20487
Roanoke, Va. 24018-8180
(540) 725-8180
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: c1erk@cLroanoke.va.us
December 5, 2003
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
File #51
Edward N. Natt, Attorney
Osterhoudt, Prillaman, Natt, Helscher,
Yost, Maxwell and Ferguson, P.L.C.
P. O. Box 20487
Roanoke, Virginia 24018-0049
Dear Mr. Natt:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 15, 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 Farren and Lynette Webb, that a parcel of land
located at the corner of Yellow Mountain Road and Melcher Street, S. E., containing 0.379
acre, more or less, identified as Official Tax No. 4300722, be rezoned from CN,
Neighborhood Commercial District, to RM-1 , Residential Multi-family, Low Density District,
subject to certain conditions proffered by the petitioners.
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.
It will be necessary for you, or your representative, to be present at the December 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
~m.rr;btyV
Stephanie M. Moon
Deputy City Clerk
Enclosure
N:\CKEW1\PUBLlC HEARiNGS 03\DECEMBER 15 ATTORNEY-ADJOINING PROPERTY OWNERS LETTERS.DOC
,- _""">.'_'_"""'-~~"_..~..'M'._~.~~_~.",_,~~.._"."~_~"_._
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 5, 2003
File #51
Belmont Baptist Church
Phoua Munekhounehane
Mr. and Mrs. David VanLew
Mr. Donald W. Webber
Christine Proffitt and Bobby Meadows
Members, Historic Belmont
Mr. Joseph W. Ellis, Sr.
Ms. Shelby C. Hylton
Ms. Betty J. Knapp
Sandra Eanes, President
Southeast Action Forum
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 15, 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 Super D. Holdings, L.L.C., that property located
at 414,416,418 and 420 Ninth Street, S. E., Official Tax Nos. 4112708 - 4112711,
inclusive, be rezoned from C-2, General Commercial District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by the petitioner.
The City Planning Commission is recommending that Council approve the rezoning. If you
would like to receive a copy of the report of the City Planning Commission, please call the
City Clerk's Office at 540-853-2541. .
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
~m.~
Stephanie M. Moon
Deputy City Clerk
N:\CKEW1\PUBLlC HEARINGS 03\DECEMBER 15 ATTORNEY-ADJOINING PROPERTY OWNERS LETTERS.DOC
..
"
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@cLroanoke.va.us
MARY F. PARKER, CMC
City Clerk
November 7, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Pursuant to Section 36.1-690(e) ofThe 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
November 7,2003, from Edward A. Natt, Attorney, representing Farren and Lynette Webb,
requesting that property containing 0.379 acre, more or less, located at the corner of
Yellow Mountain Road and Melcher Street, S. E., Official Tax No. 4300722, be rezoned
from eN, Neighborhood Commercial District, to RM-1, Residentrial Multi-family, Low
Density District, subject to certain conditions proffered by the petitioners.
?r~lP~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
N:\CKEWIIRezonings - Slreet Alley Closings 03\rezonings 03\november 03\amended petition farren webb ed natt.wpd
"'''"''-'--~-'''--'''_._" < .."--....-..-.-.'""''','--
Robert B. Manetta
November 7, 2003
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell &
Ferguson, P. L. C., P. O. Box 20487, Roanoke, Virginia 24018-0049
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
N:\CKEWIlRezonings - Street Alley Closings 03\rezonings 03lnovember 03lamended petition farren webb ed natt.wpd
LAW OFFIGES
OSTERHOUDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL & FERGUSON, PLC
Edward A. Natt
Please reply to:
P. O. Box 20487
Roanoke, VA 24018
Direct: (540) 725-8180
Fax: (540) 772-0126
E-mail: enatt@opnlaw.com
3012 ELECTRIC ROAD, S.W.
P. O. Box 20487
ROANOKE. VIRGINIA 24018-004H
SAI.EM. VIRGINIA 2/},15:1
p, O. ]lox 27\1
(540) 989-0000
FAX (540) 772-012fj
10:'> '\", COLORADO STREET
U:H,O) :Jflll-2U-HI
FAX (5.Hl) :-IIHI-g500
November 5, 2003
Mary Parker, City Clerk
456 Municipal Bldg.
215 Church Avenue, SW
Roanoke, VA 24011
Re: Rezoning - Farren and Lynette Webb
0.379 acre, Yellow Mountain Road and Melcher Street
(Tax Map No. 4300722)
Dear Ms. Parker:
Enclosed please find the original First Amended Petition to Rezone relating to the
above matter. By copy of this letter, I am providing a copy to Nancy Snodgrass in the
City Planning Department.
With best personal regards, I am
Very truly yours,
OSTERHOUDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL & FERGUSON, P.L.C.
&u..OGnr
Edward A. Natt
EAN/csb
Enclosure
pc: Nancy Snodgrass, City Planner II
City of Roanoke
215 Church Avenue, SW
Municipal Building, Room 166
Roanoke, VA 24011
pc: Mr. and Mrs. Farren Webb
5300 Rock Hill Drive
Roanoke, VA 24014
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, November 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 Farren Webb and Lynette Webb, represented by Edward A. Natt,
attorney, that property located at the intersection of Yellow Mountain Road and
Melcher Street, S.E., bearing Official Tax No. 4300722, be rezone'd from CN,
Neighborhood Commercial District, to RM-1, Residential Multifamily, Low Density
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, November 4 and 11, 2003
Please charge to:
Edward A. Natt, Esq.
Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC
POBox 20487
Roanoke, VA 24018-0049, (540) 725-8180
f Please send affidavit of publication to:
Martha P. Franklin, Department of Planning Building & Development
Room 166, Municipal Building, 215 Church Avenue, SW.
Roanoke, VA 24011 (540) 853-1730
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Farren and Lynette Webb at Yellow Mountain and Melcher
Street, S.E., Tax No. 4300722, from CN to RM-1
)
)AFFIDAVIT
CITY OF ROANOKE
)
) TO-WIT:
)
COMMONWEALTH OF VIRGINIA
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
20th day of October, 2003, notices of a public hearing to be held on the 20th day of
November, 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 Mailinq Address
4300609 David M. Guilliams, et als 3755 Melcher Street, SE
Roanoke, VA 24014
4300611 Melynda Surface 3624 Yellow Mtn. Rd., SE
Roanoke, VA 24014
4300708 David and Virginia Robertson 3752 Melcher Street, SE
Roanoke,VA 24014
4301005 Frances V. Manuel 3711 Yellow Mtn. Rd.,SE
Roanoke, VA 24014
4301101 Garden City School
Also sent to: Charles Hancock, Garden City Civic League
Jennie McGregor, Garden City Civic League
~ tU;i;t;~ Il~ n~ 4c.-'~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 20th day of October, 2003.
~~ {aJAaMU
Notary Pu Ie
My Commission Expires: d-;;2& -0'7
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: c1erk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER,CMC
City Clerk
October 3, 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 September 30,2003,
from Farren Webb and Lynette Webb, requesting that property containing 0.379 acre,
more or less, located at the corner of Yellow Mountain Road and Melcher Street, S. E.,
Official Tax No. 4300722, be rezoned from CN, Neighborhood Commercial District, to
RM-1, Residentrial Multi-family, Low Density District.
Sincerely, ~
A ~ ;. ( IJAA,...&
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
N:\CKEW1\Rezonings ~ Street Alley Closings 03\rezonings 03\october\YelJow rntn rd farren and lynette webb.wpd
'''':vt:;'t''-7'"~
";,~":W~.""t-":","~
Robert B. Manetta
October 3, 2003
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell &
Ferguson, P. L. C., P. O. Box 20487, Roanoke, Virginia 24018-0049
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. Frederick Gusler, City Planner II
N:\CKEWl\Rezonings - Street Alley Closings 03\rezonings 03\october\Yellow mtn rd farren and lynette webb.wpd
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA
INRE:
Rezoning of property totaling 0.379 acre, more or less, identified as Tax Map
No. 4300722, located at the corner of Yellow Mountain Road and Melcher Street,
S.E., from CN, Neighborhood Commercial District, to RM-1, Residential Multi-family,
Low Density District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioners, FARREN WEBB and LYNETTE WEBB, are the owners of
property containing 0.379 acre, more or less, which is identified as Tax Map No. 4300722
and situated at the intersection of Yellow Mountain Road and Melcher Street, S.E. Said
tract is currently zoned CN, Neighborhood Commercial District. A map of the property to
be rezoned is attached as Exhibit 1. A concept plan is attached as Exhibit 2-A,
Exhibit 2-8, Exhibit 2-C and Exhibit 2-D.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioners request that property containing 0.379 acre, more or less, which is
identified as Tax Map No. 4300722, be rezoned from CN, Neighborhood Commercial
District, to RM-1, Residential Multi-family, Low Density District, for the purpose of locating
three single-family homes on three lots.
The Petitioners believe 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
a parcel of land located on Melcher Street, S.E. to be used for residential purposes as
other properties in the area are so utilized.
Attached as Exhibit 3 are the names, addresses and tax numbers of the owners
IIJOLL YlSYSIUSERSICBaumgardnerlZONINGIWebb PET TO REZONE.doc
September 23, 2003
of all lots or property immediately adjacent to and immediately across a street or road
from the property to be rezoned.
WHEREFORE, the Petitioners request that the above-described property be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfullysubmittedthis 2'S' day of 'Se.?+e",\'..,.
~ d;/o/f-
. ~A.JA#
L YN TTE WEBB
,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
IIJOLL YlSYSIUSERSICBaumgardnerlZONINGIWebb PET TO REZONE. doc
September 23. 2003
2
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- -
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@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
December 18, 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 No. 36581-121503 rezoning those parcels of land
located at 414, 416, 418, and 420 Ninth Street, S. E., identified as Official Tax Nos.
4112708 - 4112711, inclusive, from C-2, General Commercial District, to CN,
Neighborhood Commercial District, subject to the proffers contained in the Second
Amended Petition filed in the Office of the City Clerk on November 26, 2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
S',,,rely, ~
AfMp J ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosure
Edward A. Natt, Attorney
December 18, 2003
Page 2
pc: Belmont Baptist Church, 819 Stewart Avenue, S. E., Roanoke, Virginia 24013
Trustees, Belmont Baptist Church, 819 Stewart Avenue, S. E., Roanoke, Virginia
2013
Mr. Joseph Wayne Ellis, Sr., 1019 Clearview Drive, Vinton, Virginia 24179
Mr. Ollie Oneida Blankenship, 3651 Bunker Hill Drive, S. W., Roanoke, Virginia
24018
Ms. Shelby C. Hylton, 906 Dale Avenue, S. E., Roanoke, Virginia 24013
David W. and Mamie L. Vanlew, 912 Dale Avenue, S. E., Roanoke, Virginia 24013
Ms. Betty J. Knapp, 829 Dale Avenue, S. E., Roanoke, Virginia 24013
Mr. Donald W. Webber, 200 Twin Oaks Road, Wirtz, Virginia 24185
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
I'{\
7-'\\D\0
I"
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36581-121503.
AN ORDINANCE to amend 936.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke , to rezone certain
property within the City, subject to certain conditions proffered by the applicant; and
dispensing with the second reading by title of this ordinance.
WHEREAS, Super D Holdings, L.L.C. has made application to the Council of the
City of Roanoke to have the hereinafter described property rezoned from C-2, General
Commercial District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the applicant;
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by 936.1-693, 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 December 15, 2003, after due and timely notice thereof as required by 936.1-
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. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
That property located at 414, 416, 418 and 420 Ninth Street, S.E., and designated on
Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos.
4112708 through 4112711, inclusive, be, and is hereby, rezoned from C-2, General
Commercial District, to CN, Neighborhood Commercial District, subject to the proffers
contained in the Second Amended Petition filed in the Office of the City Clerk on
November 26, 2003, and that Sheet No. 411 of the 1976 Zone Map be changed in this
respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCES\O-REZ-SUPERDI21S03.DQC
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Board
Board of Zonin~ Appeals
Planning (,'ommission
December 15, 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 Super D Holdings, L.L.C., represented by
Edward A. Natt, attorney, that property identified as Tax Map
No. 4112708 (414 Ninth Street), Tax Map No. 4112709 (416
Ninth Street, S.E.), Tax Map No. 4112710 (418 Ninth Street,
S.E.) and Tax Map No. 4112711 (420 Ninth Street, S.E.), be
rezoned from C-2, General Commercial District, to CN,
Neighborhood Commercial District, such rezoning to be
subject to certain conditions.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November 20, 2003.
Motion was made, duly seconded and approved (6-0, Mr. Chrisman absent) to
recommend approval of the rezoning sought by the amended petition. A roll call
vote was taken and approved 6-0 (Mr. Chrisman absent).
Second Amended Petition Subsequent to Planning Commission Action:
Subsequent to Planning Commission action, a Second Amended Petition was
filed on November 26, 2003, which includes one proffered use not considered by
the Planning Commission during its public hearing. A report on the Second
Amended Petition is attached to this report.
1
Background:
A Petition to Rezone the four subject properties was filed on September 30,
2003. A First Amended Petition, with conditions, was filed on November 7,2003,
and was considered by the Planning Commission at a hearing on November 20,
2003. Conditions proffered by the petitioner in the First Amended Petition are as
follows:
(a) The building will face Ninth Street.
(b) There will be no parking between the building and Ninth Street.
(c) There will be a twenty percent (20%) transparency on the
fagade of the building facing Ninth Street.
The vacant subject parcels are in the 400 block of Ninth Street in the Belmont
neighborhood, with Tax Map Number 4112711 (420 Ninth Street) being located
at the corner of Ninth Street and Dale Avenue, S.E. The four contiguous parcels
cover 13,443 square feet and have 130 feet of frontage along Ninth Street and
64 feet of frontage along Dale Avenue.
Considerations of the First Amended Petition:
The designated village center extends along Ninth Street from Tazewell Avenue
to Highland Avenue. Zoning around the subject parcels includes C-2, General
Commercial District to the north and south, and RM-2, Residential Multi-family
Medium Density District to the east and west. The land uses adjacent to the
subject parcels include single-family homes to the east, an office building to the
south, a church parking lot to the west, and an automobile repair establishment
to the north.
The request to rezone the subject properties from C-2, General Commercial
District, to CN, Neighborhood Commercial District, constitutes a down-zoning
and would limit permitted use of the properties to neighborhood-oriented uses
that are consistent with the village center concept and designation along Ninth
Street. The petitioner's request would permit the establishment of a
neighborhood-oriented retail commercial building on the property, with no off-
street parking requirement. The proffered conditions of the First Amended
Petition, which include the orientation of the building to Ninth Street, the provision
of transparency on the Ninth Street fagade of the building, and the preclusion of
parking between the building and Ninth Street are consistent with the following
village center recommendations and design principles as outlined in Vision
2001-2020, the City's comprehensive plan:
2
. Village Centers are characterized by a mixture of high-density uses,
including neighborhood-oriented retail, office, and residential uses.
(p. 91-92)
· Parking should be located on the street or to the rear or side of
principal buildings. (p. 91)
· Buildings should be set close to the street with ground floor facades
that emphasize pedestrian activity. (p. 91)
The future land use map of the Belmont-Fallon Neighborhood Plan, adopted by
City Council in January 2003, and attached to this report, recommends village
center uses for the 400 block of Ninth Street. In addition, the neighborhood plan
further states that "village centers contain basic services such as convenience
stores, drug stores, auto parts stores, and hardware" (p.15).
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 given
its consistency with the future land use recommendations of the Belmont-Fallon
Neighborhood Plan and the proffered conditions' compliance with the village
center design principles set forth in Vision 2001-2020. There was no public
comment during the hearing.
Planning Commission discussion centered on the following:
· Whether or not the proposed development would include a drive-through
facility (With the petitioner acknowledging plans for such drive-through for
purposes of the pharmacy component of the proposed use, the
Commission asked if the petitioner would be willing to proffer that such
drive-through would be limited to pharmacy use. The petitioner agreed to
file a Second Amended Petition limiting a drive-through facility to
pharmacy use only.)
· Whether or not the petitioner would be willing to proffer limiting use of the
property to "neighborhood retail establishment" as set forth in paragraph
22 of the Commercial Neighborhood District (The petitioner agreed to file
a Second Amended Petition limiting use of the subject properties to
"neighborhood retail establishments".)
· Clarification of the condition regarding "transparency" on the fa9ade of the
building facing Ninth Street (The petitioner agreed to file a Second
Amended Petition clarifying the transparency condition including
referencing the "front" fa9ade of the building facing Ninth Street.)
3
Planning Commission Recommendation:
The Planning Commission recommends City Council approve the rezoning
request, as amended, to include limiting of any drive-through facility to pharmacy
use only, limiting use of the property to "neighborhood retail establishments" and
clarification of transparency on the front fac;:ade of the building. The application
of CN, Neighborhood Commercial District to the four subject properties is
consistent with the future land use recommendations of the Belmont-Fallon
Neighborhood Plan, and the proffered conditions comply with the village center
design principles set forth in Vision 2001-2020.
Second Amended Petition Filed Subsequent to Planning Commission Action:
Following Planning Commission action, a Second Amended Petition was filed on
November 26, 2003. Said Second Amended Petition includes those proffered
conditions considered and recommended for approval by the Commission, but
also includes one additional proffered use not considered by the Planning
Commission in during its public hearing. A report on the Second Amended
Petition is attached to this report.
Respectfully submitted,
l1ekJi l1CUircLltl _
~~bert B. ~netta, Chair~~~ \
Roanoke City Planning Commission
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Edward A. Natt, Attorney for the Petitioner
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SECOND AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Rezoning of property identified as Tax Map No. 4112708 (414 Ninth Street,
S.E.), Tax Map No. 4112709 (416 Ninth Street, S.E.), Tax Map No. 4112710 (418 Ninth
Street, S.E.) and Tax Map No. 4112711 (420 Ninth Street, S.E.), from C-2, General
Commercial District, to CN, Neighborhood Commercial District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, SUPER D HOLDINGS. L.L.C., is the owner of property in the City
of Roanoke, situate at 414 Ninth Street, S.E. (Tax Map No. 4112708), 416 Ninth Street,
S.E. (Tax Map No. 4112709), 418 Ninth Street, S.E. (Tax Map No. 4112710) and
420 Ninth Street, S.E. (Tax Map No. 4112711), said tract being currently zoned C-2,
General Commercial District. A map of the property to be rezoned is attached as
Exhibit 1. A concept plan is attached as Exhibit 2-A and Exhibit 2-8.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioner requests that property identified as Tax Map Nos. 4112708, 4112709,
4112710 and 4112711, be rezoned from C-2, General Commercial District, to CN,
Neighborhood Commercial District, for the purpose of locating a retail commercial building
on the property.
The Petitioner believes the rezoning of said tracts of land will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable
said parcels of land located on Ninth Street, S.E. to be used for neighborhood commercial
purposes as other properties in the area are so utilized.
Attached as Exhibit 3 are the names, addresses and tax numbers of the owners
\\JOlL Y\SYS\USERS\CBaumgardner\ZONING\Super 0 Holdings 2ND AMO PET TO REZONE.doc
November 24, 2003
of all lots or property immediately adjacent to and immediately across a street or road
from the property to be rezoned.
The Petitioner voluntarily submits the following proffers to be included as a part of
the rezoning request:
(a) The building will face Ninth Street.
(b) There will be no parking between the building and Ninth Street.
(c) At least twenty percent (20%) of the front facade of the building
facing Ninth Street shall consist of plate glass.
(d) Use of the property will be limited to neighborhood retail
establishments as set forth under Paragraph 22 of the Neighborhood
Commercial District and restaurants not to exceed twenty-five (25)
seats as set forth under Paragraph 20 of the Neighborhood
Commercial District, provided that a drive-thru may be permitted for
pharmacy use only.
WHEREFORE, the Petitioner requests that the above-described property be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfully submitted this 24th day of November, 2003.
:~PER_~
ITS /nEm6Ete
IIJOLL YISYSIUSERSICBaumgardnerlZONINGISuper D Holdings 2ND AMD PET TO REZONE.doc
November 24, 2003
2
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
\\JOlL y\SYS\USERS\CBaumgardner\zON1NG\Super 0 Holdings 2ND AMD PET TO REZONE.doc
November 24, 2003
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ADJOINING PROPERTY OWNER LISTING
Tax MaD No.:
,1112708 (41,1 Ninth Street, SE.)
4112709 (416 Ninth Street, S.E.)
4112710 (418 Ninth Street, S.E.)
4112711 (420 Ninth Street, SE)
Aoolicant/Owner:
Super 0 Holdings, LLC
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:
CITY OF ROANOKE
Official Tax Number /
PropertY A.ddress
Owner's Name
and Mailinq Address
4112609
825 Stewart Avenue, S.E.
Belmont Baptist Church
819 Stewart Avenue, S.E.
Roanoke, VA 24013
4112618
Dale Avenue, S.E.
Trustees, Belmont Baptist Church
819 Stewart Avenue, S.E.
Roanoke, VA 24013
4112701
404 Ninth Street, S.E.
Joseph Wayne Ellis, Sr.
1019 Clearview Drive
Vinton, VA 24179
4112702
907 Steward Avenue, S.E.
Ollie Oneida Blankenship
3651 Bunker Hill Drive, S.w.
Roanoke, VA 24018
4112712 ,
906 Dale Avenue, S.E.
Shelby C. Hylton
906 Dale Avenue, S.E.
Roanoke, VA 24013
4112713
912 Dale Avenue, S.E.
David W. and Mamie L. Vanlew
912 Dale Avenue, S'E'
Roanoke, VA 24013
\\JOLL y\SYS\USERS\CBaumgardnerIZONING\Super 0 Holdings APO,doc
September 4, 2003
Page 1 of 2
CITY OF ROANOKE
Official Tax Numbei I
Pmoertv Address
Owner's Name
and Mailinq Address
4120110
Dale Avenue, S.E.
Betty J. Knapp
829 Dale Avenue, SE.
Roanoke, V A 24013
4120201
907 Dale Avenue, S.E.
Donald W. Webber
200 Twin Oaks Road
Wirtz, VA 224185
\\JOLL Y\SYS\USERS\CBaumgardner\zONING\Super 0 Holdings APO.doc
September 4. 2003
Page 2 of 2
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Hoard
Board of Zoning Aplleals
Planning Commission
December 15, 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 Super 0 Holdings, L.L.C., represented by
Edward A. Natt, attorney, that property identified as Tax Map
No. 4112708 (414 Ninth Street), Tax Map No. 4112709 (416
Ninth Street, S.E.), Tax Map No. 4112710 (418 Ninth Street,
S.E.) and Tax Map No. 4112711 (420 Ninth Street, S.E.), be
rezoned from C-2, General Commercial District, to CN,
Neighborhood Commercial District, such rezoning to be
subject to certain conditions.
Second Amended Petition Subsequent to Planning Commission Action:
Subsequent to Planning Commission action on November 20, 2003, a Second
Amended Petition was filed on November 26, 2003, which includes one
additional proffered use not considered by the Planning Commission during its
public hearing.
Background:
A Petition to Rezone the four subject properties was filed on September 30,
2003. A First Amended Petition, with conditions, was filed on November 7,2003,
and was considered by the Planning Commission at a hearing on November 20,
2003. A Second Amended Petition, with conditions, was filed on November 26,
2003. Conditions proffered by the petitioner in the Second Amended Petition are
as follows:
(a) The building will face Ninth Street.
(b) There will be no parking between the building and Ninth Street.
(c) At least twenty percent (20%) of the front fa(fade of the building
facing Ninth Street shall consist of plate glass.
(d) Use of the property will be limited to neighborhood retail
establishments as set forth under Paragraph 22 of the
Neighborhood Commercial District and restaurants not to
exceed twenty-five (25) seats as set forth under Paragraph 20
of the Neighborhood Commercial District, provided that a drive-
thru may be permitted for pharmacy use only.
Considerations:
The Second Amended Petition includes amended and additional proffered
conditions as set forth by the petitioner and recommended for approval by the
Planning Commission on November 20, 2003. Those include clarification of
"transparency" on the front fa(fade of the building, limitation of any drive-through
facility to pharmacy use, and limitation of use of the subject properties to
"neighborhood retail establishments" as set forth in Section 36.1-164(22) of the
Zoning Ordinance, which sets out the permitted uses in the Neighborhood
Commercial District.
In order to further define and more clearly reflect the intended use of the subject
properties, proposed to include a pharmacy, retail sales and a sit-down deli
component, the Second Amended Petition proffers restaurants, not to exceed
twenty-five (25) seats, in addition to "neighborhood retail" as an additional
proffered use of the property. This specific proffer was not considered by the
Commission during its public hearing.
Given that the request to rezone the property from C-2, General Commercial, to
CN, Neighborhood Commercial, is a down-zoning and is consistent with the
future land use recommendations of the Belmont-Fallon Neighborhood Plan, and
given that the permitted uses of the CN District are consistent with the village
center concept of neighborhood-oriented, pedestrian-friendly commercial uses,
the request to include restaurants as a proffered use, particularly with a seat
limitation, is supportable.
Recommendation:
City Council should approve the rezoning request as stated in the Second
Amended Petition, including a proffer permitting a restaurant not to exceed 25
seats.
Respectfully submitted,
r1?~ T OW-WWV-8
R. Brian Townsend, Agent
City Planning Commission
RBT:NS:mpf
Attachment
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Edward A. Natt, Attorney for the petitioner
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
1'-1
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _f'_ _ _ _ _ _ _ _ _ _ _ _ _ _
The Roanoke Times
r.
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
I
.,
IIOIlCE Of PUIUC IDIIIC '
REFERENCE: 80023382
02264281
Ninth Street
TO WHOM rr MAY CONCERN:
Ptnuant to the ProwisIon. of I
ArtIcle VII 'of CIJIpter 38.1,
Code of the CIty of lloanok8
(1979), .. ""ended, the
COuncU t1f the City of RoMoJoe
will hold a ~Ic Hearing on
Deoember 11,2003, .-: 7:00
p;m~, In the CoII'IqII Chamber
In the Noel C. TeyIor MWl~1
Building. 215 Church ~,
S.W., on. the quMtIon of i
rezonllll from ~2. General,
Commen::llll DIatrict, to, CN, I
NelflhborhoOd Commercl1l1
DiItrIct, sUbjNt to cetteln I
proffli...concIItioM,lhefol-
kM1ng propel1;y.
I That PfOPlir1;ylocated .1414,
416" 418 and 420 Ninth
Street, S.E., bMItna; Ol'\'!dal
Tax NOs. 41.12108thrbugh
4W711,fnclusNa,
A 'cOpy of this ,,1lfOPOMI II
avatIabie far public InIpeCtlon
In the omceofthe CIlyClerk,
Room 456, NOel C. Taylor,
Munlciplll Bulldlni- AU partin
In IntenlIt !My...ar on the
above date and be heard' on
thequeatlon.
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
Vil~~~a. Sworn and subscribed before me this
_~___day of December 2003. Witness my hand and
off~cial seal.
~ ~..J_A'-'
__ {;fItI,u;.J..!.- _ _~ Notar Public
Myf~ommission x . es ~~lT~~~__--'
lfyoual1lapetllOnwlthe.
IlblIItt whO needs 8cC0mrn0da.
tlonsforthlsllubllc_heeI1n&
contact the City Clerk'. omce,
853-2541. by Thu'rIday,
o.c.rntlar 1,1, 2003.
GIVtN' under my hand tht.
24ttt dey ofNowmber.2003. '
Mary F. Perlwf, CIl;y Clerk.
(2264281)
PUBLISHED ON: 11/28 12/05
TOTAL COST:
FILED ON:
245.82
12/10/03
--------------------------------------------------+---------------------------
Authorized C\, On.",",. . _ A
Signature:___~-~--~--------, Billing Services Representative
{If'
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
December 15, 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 C-2, General
Commercial District, to CN, Neighborhood Commercial District, subject to certain proffered
conditions, the following property:
That property located at 414, 416, 418 and 420 Ninth Street, S.E., bearing
Official Tax Nos. 4112708 through 4112711, inclusive.
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, December II, 2003.
GIVEN under my hand this 24th day of November
,2003.
Mary F. Parker, City Clerk.
N-Rezo-Rosenberg 1 02303
Notice to Publisher:
Publish in the Roanoke Times once on Friday, November 28, 2003, and once on Friday, December 5,
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
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church A venue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail;clerk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
MARY F. PARKER, CMC
City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 5, 2003
File #51
Edward N. Natt, Attorney
Osterhoudt, Prillaman, Natt, Helscher,
Yost, Maxwell and Ferguson, P.L.C.
P. O. Box 20487
Roanoke, Virginia 24018-0049
Dear Mr. Natt:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 15, 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 Super D. Holdings, L.L.C., that property located
at 414, 416, 418 and 420 Ninth Street, S. E., Official Tax Nos. 4112708 - 4112711,
inclusive, be rezoned from C-2, General Commercial District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by the petitioner.
For your information, I am enclosing copy of a report of the City Planning Commission 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.
It will be necessary for you, or your representative, to be present at the December 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
~rn. fYl!nv
Stephanie M. Moon
Deputy City Clerk
Enclosure
N:\CKEW1\PUBLlC HEARINGS 03\DECEMBER 15 ATTORNEY-ADJOINING PROPERTY OWNERS LETTERS.DOC
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
December 5, 2003
SHEILA N. HARTMAN
Assistant City Clerk
File #51
Mr. David M. Guilliams, et als
Charles Hancock and
Jennie McGregor, Members
Garden City Civic League
Ms. Melynda Surface
Ms. Frances V. Manuel
Garden City Elementary School
Mr. and Mrs. David Robertson
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 15, 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 Farren and Lynette Webb, that a parcel of land
located at the corner of Yellow Mountain Road and Melcher Street, S. E., containing 0.379
acre, more or less, identified as Official Tax No. 4300722, be rezoned from CN,
Neighborhood Commercial District, to RM-1, Residential Multi-family, Low Density District,
subject to certain conditions proffered by the petitioners.
The City Planning Commission is recommending that Council deny the rezoning. If you
would like to receive a copy of the report of the City Planning Commission, please call the
City Clerk's Office at 540-853-2541.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
~In.~
Stephanie M. Moon
Deputy City Clerk
N:\CKEW1\PUBLlC HEARINGS 03\DECEMBER 15 ATTORNEY-ADJOINING PROPERTY OWNERS LETTERS.DOC
'"
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CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church A venue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E.mail: clerk@cLroanoke.vaus
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
December 1 , 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) ofThe Code of the City of Roanoke (1979), as amended,
I am enclosing copy of the revised Second Amended Petition to rezone received in the City
Clerk's Office on November 26, 2003, from Edward A. Natt, Attorney, representing Super
D. Holdings, L.L.C., in connection with rezoning properties located at 414,416,418 and
420 Ninth Street, S. E., identified as Official Tax Nos. 4112708 - 4112711, inclusive, from
C-2, General Commercial District, to CN, Neighborhood Commercial District, subject to
certain conditions proffered by the petitioner.
Sincerely, /J
A~ /rWL.(~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
N:\CKEWIIRezonings - Street Alley Closings 03\rezonings 03\dec 03\amended pelition 2nd Super D. Holdings, LLC.wpd
Robert B. Manetta
December 1 , 2003
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell &
Ferguson, P. L. C., P. O. Box 20487, Roanoke, Virginia 24018-0049
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
N:\CKEWl\Rezonings _ Street Alley Closings 03\rezonings 03\dec 03\amended petition 2nd Super D. Holdings, LLC.wpd
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church A venue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@cLroanokc.va.us
STEPHANIE M. MOON
Deputy City Cleric
SHEILA N. HARTMAN
Assistant City Cleric
MARY F. PARKER, CMC
City Cleric
November 7, 2003
File #51
Robert B. Manetta, Chair
City Planning Commission
2831 Stephenson Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Manetta:
Pursuant to Section 36.1-690(e) ofThe 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
November 7,2003, from Edward A. Natt, Attorney, representing Super D. Holdings, L.L.C.,
in connection with rezoning properties located at414, 416, 418 and 420 Ninth Street, S. E.,
identified as Official Tax Nos. 4112708 - 4112711, inclusive, from C-2, General
Commercial District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the petitioner.
n~
Mary F. Parker, CMC
City Clerk
l !L..-
Sincerely,
MFP:ew
Enclosures
N:\CKEWIIRezonings - Street Alley Closings 03\rezonings 03\november 03\amended petition Super D. Holdings, LLC.wpd
Robert B. Manetta
November 7, 2003
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell &
Ferguson, P. L. C., P. O. Box 20487, Roanoke, Virginia 24018-0049
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
N:\CKEWl\Rezonings - Street Alley Closings 03\rezonings 03\november 03\amended petition Super D. Holdings, LLC.wpd
LAW OFFICES
OSTERHOUDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL & FERGUSON, PLC
Edward A. Natt
Please reply to:
P. O. Box 20487
Roanoke, VA 24018
Direct: (540) 725-8180
Fax: (540) 772-0126
E-mail: enaU@opnlaw.com
3912 ELECTRIC ROAD, S.W.
P. O. Box 20487
ROANOKE. VIRGIXIA 2'1018-0049
(:')40) 089-0000
FAX (540) 772-0126
November 7,2003
SAI"EM. VUUHNIA24153
P. O. Box 279
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HAND DELIVERED
Mary Parker, City Clerk
456 Municipal Bldg.
215 Church Avenue, SW
Roanoke, VA 24011
Re: Rezoning - Super D. Holdings, L.L.C.
414 Ninth Street (Tax Map No. 4112708)
418 Ninth Street (Tax Map No. 4112710)
420 Ninth Street (Tax Map No. 4112711)
Dear Ms. Parker:
Enclosed please find the original First Amended Petition to Rezone relating to the
above matter. By copy of this letter, I am providing a copy to Nancy Snodgrass in the
City Planning Department.
With best personal regards, I am
Very truly yours,
OSTERHOUDT, PRILLAMAN, NATT, HELSCHER,
YOST, MAXWELL & FERGUSON, P.L.C.
(:~o\)~
Edward A. Natt
EAN/csb
Enclosure
pc: Nancy Snodgrass, City Planner II
City of Roanoke
215 Church Avenue, SW
Municipal Building, Room 166
Roanoke, VA 24011
pc: Mr. Bruce Thompson
Super D Holdings, LLC
2152 Dale Avenue, SE
Roanoke, VA 24013
FIRST AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
INRE:
Rezoning of property identified as Tax Map No. 4112708 (414 Ninth Street,
S.E.), Tax Map No. 4112709 (416 Ninth Street, S.E.), Tax Map No. 4112710 (418 Ninth
Street, S.E.) and Tax Map No. 4112711 (420 Ninth Street, S.E.), from C-2, General
Commercial District, to CN, Neighborhood Commercial District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, SUPER D HOLDINGS. L.L.C., is the owner of property in the City
of Roanoke, situate at 414 Ninth Street, S.E. (Tax Map No. 4112708), 416 Ninth Street,
S.E. (Tax Map No. 4112709), 418 Ninth Street, S.E. (Tax Map No. 4112710) and
420 Ninth Street, S.E. (Tax Map No. 4112711), said tract being currently zoned C-2,
General Commercial District. A map of the property to be rezoned is attached as
Exhibit 1. A concept plan is attached as Exhibit 2-A and Exhibit 2-8.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioner requests that property identified as Tax Map Nos. 4112708, 4112709,
4112710 and 4112711, be rezoned from C-2, General Commercial District, to CN,
Neighborhood Commercial District, for the purpose of locating a retail commercial building
on the property.
The Petitioner believes the rezoning of said tracts of land will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable
said parcels of land located on Ninth Street, S.E. to be used for neighborhood commercial
purposes as other properties in the area are so utilized.
Attached as Exhibit 3 are the names, addresses and tax numbers of the owners
r:IUSERSICBaumgardnerlZONINGISuper 0 HOldings 1 ST AMD PET TO REZONE.doc
October 31. 2003
of all lots or property immediately adjacent to and immediately across a street or road
from the property to be rezoned.
The Petitioner voluntarily submits the following proffers to be included as a part of
the rezoning request:
(a) The building will face Ninth Street.
(b) There will be no parking between the building and Ninth Street.
(c) There will be a twenty percent (20%) transparency on the fagade of
the building facing Ninth Street.
WHEREFORE, the Petitioner requests that the above-described property be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfully submitted this 7!Jt day of Nt;JVe,n,y~
SUPER 0 HOL~-':C
BY.~
ITS /I1.€1'J?13e/L..
,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:IUSERSICBaumgardnerIZONINGISuper 0 Holdings 1ST AMD PET TO REZONE.doc
October 31. 2003
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ADJOINING PROPERTY OWNER LISTING
Tax Map No.:
4112708 (414 Ninth Street, S.E.)
4112709 (416 Ninth Street, S.E.)
4112710 (418 Ninth Street, S.E.)
4112711 (420 Ninth Street, S.E.)
Applicant/Owner:
Super D Holdings, LLC
ADJOINING PROPERTY OWNERS
EXHIBIT
~
~ 3
This list as follows are those property owners who own property beside, behind or across
the street from the subject property noted above:
CITY OF ROANOKE
Official Tax Number /
Property Address
Owner's Name
and Mailina Address
4112609
825 Stewart Avenue, S.E.
Belmont Baptist Church
819 Stewart Avenue, S.E.
Roanoke, VA 24013
4112618
Dale Avenue, S.E.
Trustees, Belmont Baptist Church
819 Stewart Avenue, S.E.
Roanoke,VA 24013
4112701
404 Ninth Street, S.E.
Joseph Wayne Ellis, Sr.
1019 Clearview Drive
Vinton, VA 24179
4112702
907 Steward Avenue, S.E.
Ollie Oneida Blankenship
3651 Bunker Hill Drive, SW.
Roanoke, VA 24018
4112712 ,
906 Dale Avenue, S.E.
Shelby C. Hylton
906 Dale Avenue, S.E.
Roanoke, VA 24013
4112713
912 Dale Avenue, S.E.
David W. and Mamie L. Vanlew
912 Dale Avenue, S.E.
Roanoke, VA 24013
I\JOLL y\SYSIUSERSICBaumgardnerlZONINGISuper 0 Holdings APO.doc
September 4, 2003
Page 1 of2
CITY OF ROANOKE
Official Tax Number /
Property Address
Owner's Name
and Mailinq Address
4120110
Dale Avenue, S.E.
Betty J. Knapp
829 Dale Avenue, S.E.
Roanoke, VA 24013
4120201
907 Dale Avenue, S.E.
Donald W. Webber
200 Twin Oaks Road
Wirtz, VA 224185
I\JOLL YlSYS\USERSICBaumgardnerlZONINGISuper 0 Holdings APO.doc
September 4. 2003
Page 2 of 2
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,/ d}'..u-/ ILlt UL/
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, November 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 Super D. Holdings, LLC, represented by Edward A. Natt, attorney,
that property located at 414, 416, 418 and 420 Ninth Street, S.E., bearing Official
Tax Nos. 4112708 through 4112711, inclusive, be rezoned from C-2, General
Commercial District, to CN, Neighborhood Commercial District.
A copy of the application is available for review in the Department of Planning
Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard
on the matter. If you are a person who needs accommodations for this hearing, please
contact the Department of Planning Building and Development at 853-1730 before
12:00 noon on the Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, November 4 and 11, 2003
Please charge to:
Edward A. Natt, Esq.
Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, PLC
POBox 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, SW.
Roanoke, VA 24011 (540) 853-1730
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Super D Holdings, LLC, 414, 416, 418, 420 9th Street, S.E
Tax Nos. 4112708-4112711, from C-2 to CN
)
)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
20th day of October, 2003, notices of a public hearing to be held on the 20th day of
November, 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
Mailinq Address
4112609
4112618
Belmont Baptist Church
819 Stewart Avenue, SE
Roanoke,VA 24013
4112701
Joseph W. Ellis,Sr.
1019 Clearview Drive
Vinton, VA 24179
4112703
PhouaMunekhounehane
911 Stewart Avenue, SE
Roanoke,VA 24013
4112712
Shelby C. Hylton
906 Dale Avenue, SE
Roanoke, VA 24013
4112713
David and Mamie VanLew
912 Dale Avenue, SE
Roanoke, VA 24013
4120110
Betty J. Knapp
829 Dale Avenue, SE
Roanoke, VA 24013
4120201
Donald W. Webber
200 Twin Oaks Road
Wirtz, VA 24185
Notice also mailed to: Sandra Eanes, SE Action Forum
Christine PJ9ffitt and Bo~eadows, Historic Belmont
~""" ,P~~"~4 .L
Ma ha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 20th day of October, 2003.
~9J~
Notary Public
My Commis~ion Expires: ,;? -C) ~ - ;:2f:.:Xj 17
.
.
-
.
.
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~mai1: clerk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
October 3, 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 September 30, 2003,
from Super D Holdings, L. L. C., requesting that properties located at 414, 416, 418 and
420 Ninth Street, S. E., identified as Official Tax Nos. 4112708 - 4112711, be rezoned
from C-2, General Commercial District, to CN, Neighborhood Commercial District.
Sincerely, /J
A~!.r~
Mary F. Park~r, CMC
City Clerk
-
MFP:ew
Enclosures
N:\CKEWI \Rezonings - Street Alley Closings 03\rezonings 03\october\super d holdings 9th street se.wpd
Robert B. Manetta
October 3, 2003
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell &
Ferguson, P. L. C., P. O. Box 20487, Roanoke, Virginia 24018-0049
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. Frederick Gusler, City Planner II
N:\CKEWI\Rezonings - Street Alley Closings 03\rezonings 03\october\super d holdings 9th street se.wpd
.
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
INRE:
Rezoning of property identified as Tax Map No. 4112708 (414 Ninth Street,
S.E.), Tax Map No. 4112709 (416 Ninth Street, S.E.), Tax Map No. 4112710 (418 Ninth
Street, S.E.) and Tax Map No. 4112711 (420 Ninth Street, S.E.), from C-2, General
Commercial District, to CN, Neighborhood Commercial District.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
The Petitioner, SUPER D HOLDINGS. L.L.C., is the owner of property in the City
of Roanoke, situate at 414 Ninth Street, S.E. (Tax Map No. 4112708), 416 Ninth Street,
S.E. (Tax Map No. 4112709), 418 Ninth Street, S.E. (Tax Map No. 4112710) and
420 Ninth Street, S.E. (Tax Map No. 4112711), said tract being currently zoned C-2,
General Commercial District. A map of the property to be rezoned is attached as
Exhibit 1. A concept plan is attached as Exhibit 2-A and Exhibit 2-B.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended,
the Petitioner requests that property identified as Tax Map Nos. 4112708, 4112709,
4112710 and 4112711, be rezoned from C-2, General Commercial District, to CN,
Neighborhood Commercial District, for the purpose of locating a retail commercial building
on the property.
The Petitioner believes the rezoning of said tracts of land will further the intent and
purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable
said parcels of land located on Ninth Street, S.E. to be used for neighborhood commercial
purposes as other properties in the area are so utilized.
Attached as Exhibit 3 are the names, addresses and tax numbers of the owners
F:\USERS\CBaumgardner\ZONING\Super 0 Holdings PET TO REZONE.doc
September 23. 2003
of all lots or property immediately adjacent to and immediately across a street or road
from the property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described property be
rezoned as requested in accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfully submitted this ;). ~ day of OS C.f+ e"" b er
:~PER D HO~~C
,~
,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
IIJOLL YISYSIUSERSICBaumgardnerlZONINGISuper 0 Holdings PET TO REZONE.doc
September 22, 2003
2
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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.vaus
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
December 18, 2003
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby and Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
I am enclosing copy of Ordinance No. 36582-121503 rezoning those parcels of land
located at the intersection of Stewart Avenue and Ninth Street, S. E., identified as Official
Tax Nos. 4112016 - 4112018, inclusive, from RM-2, Residential Multifamily, Medium
Density District, to C-2, General Commercial District, subject to the proffers contained in
the Petition filed in the Office of the City Clerk on September 30, 2003, as amended on
December 15, 2003.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
MFP:ew
(i:'....1 ~
Mary F. Parker, CMC
City Clerk
Enclosure
Maryellen F. Goodlatte, Attorney
December 18, 2003
Page 2
pc: Mr. Mark E. Minniz, 18550 Calloway Road, Calloway, Virginia 24067
Byron and Doris Mullen, 1113 Morehead Avenue, S. E., Roanoke, Virginia 24013
Mr. Charlie D. Pollumbo, Jr., 310 Stonebridge Drive, Vinton, Virginia 24179
AMVETS Post #4,911 Tazewell Avenue, S. E., Roanoke, Virginia 24013
The Castle Rock Group, 6053 Burnham Road, S. w., Roanoke, Virginia 24013
Mr. Joseph W. Ellis, Sr., 1019 Clearview Drive, Vinton, Virginia 24179
Belmont Baptist Church, 819 Stewart Avenue, S. E., Roanoke, Virginia 24013
Mr. Michael K. Mabery, 1689 Duncans Chapel Road, N. W., Willis, Virginia 24380-
4542
Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Rolanda B. Russell, Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Susan S. Lower, Director, Real Estate Valuation
Ronald L. Smith, Building Commissioner
Philip C. Schirmer, City Engineer
Steven J. Talevi, Assistant City Attorney
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36582-121503.
AN ORDINANCE to amend 936.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 411, Sectiona11976 Zone Map, City of Roanoke, to rezone certain
property within the City, subject to certain conditions proffered by the applicant; and
dispensing with the second reading by title of this ordinance.
WHEREAS, Norman R. and Marie A. Pratt have made application to the Council of
the City of Roanoke to have the hereinafter described property rezoned from RM-2,
Residential Multifamily, Medium Density District, to C-2, General Commercial District,
subject to certain conditions proffered by the applicant;
WHEREAS, the City Planning Commission, which after giving proper notice to all
concerned as required by 936.1-693, 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 December 15, 2003, after due and timely notice thereof as required by 936.1-693,
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. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following
particular manner and no other:
Those certain parcels ofland located at the intersection of Stewart Avenue, S.E. and
Ninth Street, S.E, and designated on Sheet No. 411 of the Sectional 1976 Zone Map, City of .
Roanoke, as Official Tax Nos. 4112016, 4112017 and 4112018, be, and is hereby rezoned
from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial
District, subject to the proffers contained in the Petition filed in the Office of the City Clerk
on September 30,2003, as amended on December 15,2003, and that Sheet No. 411 of the
1976 Zone Map be changed in this respect.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCES\O-REZ-PRATTI21503_DOC
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W" Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Re,'jew Board
Board of Zoning Appeals
Planning Commissioll
December 15, 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:
Rezoning of three tracts of land located at the intersection of
Stewart Avenue, S.E. and 9th Street, S.E., identified as
official Tax Map Numbers 4112016,4112017, and 4112018
(one parcel having a street address of 818 Stewart Avenue,
S.E.), from RM-2, Residential Multi-Family, Medium Density
District, to C-2, General Commercial District, such rezoning
to be subject to certain conditions.
Planning Commission Action:
Planning Commission public hearing was held on Thursday, November 20, 2003.
A roll call vote was taken on the rezoning request and the vote failed by a
vote of 2-4 (Messrs. Butler and Rife voting for the request, Messrs. Manetta,
Scholz and Williams and Ms. Prince voting against the request, Mr.
Chrisman absent).
Background:
The petitioner requests the rezoning of three vacant parcels in the 800 block of
Stewart Avenue, S.E., for the purpose of permitting an automobile repair
establishment on the property. Tax map number 4112018 is located on the
corner of Stewart Avenue and 9th Street. Tax map numbers 4112017 and
4112016 front on Stewart Avenue. The three parcels total 20,817 square feet and
have approximately 159 feet of streetfrontage along Stewart Avenue and 129
feet on 9th Street.
1
The three subject parcels are currently zoned RM-2, Residential Multi-family,
Medium Density District. The petitioner requests that the subject parcels be
rezoned to C-2, General Commercial District, subject to the following conditions:
1. The property will be developed in substantial conformity with the
Development Plan dated September 22, 2003, and attached to this
amended petition as Exhibit B, subject to any changes required by the
City during the Comprehensive Site Plan review.
2. All lighting on the property shall consist of fixtures with shields
designed to minimize illumination of any off-site property.
3. This property shall be used only as an automobile repair establishment
except painting and body shops.
4. There shall be no freestanding signs on the subject property.
Considerations:
The subject parcels are located in a residential block of Stewart Avenue,
includin~ both block faces, and are adjacent to the village center which extends
along 91 Street from Tazewell Avenue to Highland Avenue. Land uses around
the subject parcels include single-family residential, multi-family residential,
institutional and commercial uses. The surrounding land uses and zoning districts
include:
· A multi-family dwelling directly adjacent to and to the west of the subject
properties along Stewart Avenue, zoned RM-2, with the balance of the
Stewart Avenue block face also zoned RM-2 and including a vacant lot,
one single-family dwelling and two multifamily dwellings;
· A church and associated surface parking lots directly across Stewart
Avenue from the subject parcels, zoned RM-2, Residential Multi-family
Medium Density District;
· A single-family dwelling and a restaurant across the alley and to the north
of the subject parcels, fronting on Tazewell Avenue, zoned C-2, General
Commercial District; and
· A small vacant lot and a single-family home across 9th Street from the
subject properties to the east, zoned C-2. The single-family home, located
on the northeast corner of 9th Street and Stewart Avenue, is oriented
towards Stewart Avenue.
The request to rezone the subject parcels to C-2, General Commercial, with
conditions, is inconsistent with the following statements and recommended
actions of Vision 2001-2020, the City's Comprehensive Plan:
2
· Infill development: Encourage quality infill development that reflects the
character of the neighborhood (NH A29). Infill development consisting of
an automobile repair establishment is neither consistent with the existing
residential structures along the north side of the 800 block of Stewart
Avenue nor compatible with neighborhood-oriented retail, office, or
residential uses encouraged in the village center along 9th Street.
· Higher-density residential development: Higher-density residential
development should be concentrated within and immediately adjacent to
village centers (p.91). The future land use map of the Belmont-Fallon
Neighborhood Plan, adopted by City Council in January 2003,
recommends the future land use for the 800 block of Stewart Avenue as
high-density residential development. As one of the two land use
components of a village center, the high-density residential use(s) would
complement the neighborhood commercial development currently located
and encouraged to develop along 9th Street. (The Belmont-Fallon
Neighborhood Plan future land use map delineating the subject properties
is attached to this report.)
As set forth in Vision 2001-2020, the commercial component of a village center
consists of neighborhood-serving, pedestrian-oriented activities, such as CN
uses, not C-2, General Commercial as requested by this petition. Furthermore,
the C-2 request of this petition separates itself even further from the CN village
center concept by proffering the use of the property to be an automobile repair
establishment, a use also permitted in LM and HM because of its inherent
character and potential adverse impacts on neighboring residential properties.
A petition containing 40 signatures, as well as eight letters in support of the
request and one letter in opposition to the petitioner's request were received. The
letters of support focused on the dependable, reputable and clean operation of
the petitioner's existing transmission shop located at 10th Street and Tazewell
Avenue, S.E., and the nearby businesses on the 9th Street corridor. The letter of
opposition emphasized inconsistencies of the request with the Belmont-Fallon
Neighborhood Plan, including the recommendations for future land uses and
minimizing disruption of the existing neighborhood, and cited the availability of
vacant buildings in Southeast currently zoned to permit automobile repair. The
letter also referenced the City's involvement two blocks away from the subject
property in the Southeast by Design pilot project for revitalization of the
neighborhood.
During the Planning Commission public hearing, Maryellen F. Goodlatte,
attorney, presented the request on behalf of the petitioner. Nancy Snodgrass,
City Planner, presented the staff report, recommending denial of the request
because of its inconsistencies with Vision 2001-2020 and the adopted Belmont-
Fallon Neighborhood Plan. The staff report included the submission of photos of
the existing residential structures in the 800 block of Stewart Avenue and a map
3
delineating existing C-2 and LM properties in Southeast, where automobile repair
is permitted. (The C-2 and LM properties map is attached to this report.)
The Planning Commission opened the meeting for public comment.
· Mr. Richard Nichols, representing the Southeast Action Forum, expressed
his and the Southeast Action Forum's support for the petition.
o The petitioner's existing transmission shop in Southeast is an asset
to the neighborhood, and Southeast needs to retain its businesses,
especially those that make a positive contribution to the
neighborhood.
o The subject property has been vacant for a number of years.
· Ms. Christine Proffitt, 424 Bullitt Avenue S.E., spoke in opposition to the
petition.
o The request is inconsistent with the Belmont-Fallon Neighborhood
Plan, including the plan's direction for minimizing disruption of
existing neighborhoods and the plan's proposed use of the property
at 9th Street & Tazewell Avenue for an attractive building or a small
park.
o There are numerous vacant buildings in Southeast already zoned
to permit automobile repair.
· Ms. Kathy Hill, Riverland Alert Neighbors, expressed opposition to the
request, stating that the potential need for a privacy fence and dogs for the
protection overnight of vehicles awaiting service do not lessen the impacts
of noise and appearance of the use proffered in this petition.
Planning Commission discussion centered on the following issues:
· The petitioner's consideration of properties in Southeast that are already
zoned to permit automobile repair establishments (C-2, LM, HM)
· Concerns that a metal-shell building may be non-contributory in terms of
improvement to the neighborhood
· The need to focus on the land use issue and not the proprietor in order to
avoid potentially noxious uses that would adversely impact a residential
neighborhood (concerns that proprietors come and go, but the zoning
designation and proffered uses stay with the land)
· Whether or not an automobile repair establishment is consistent with the
"village center" concept and the "village center's" pedestrian-friendly
character
Recommendation:
The Planning Commission recommends that Council deny the requested
rezoning. Given the standards for infill and village center development set forth
in Vision 2001-2020 and the future land use recommendations of the Belmont-
4
Fallon Neighborhood Plan, the Commission cannot support the request for
rezoning the subject parcels to C-2, General Commercial, with conditions.
Respectfully submitted,
aoiwff:,1Vl~
Robert B. Manetta, Chairman
Roanoke City Planning Commission
attachments
cc: Darlene L. Burcham, City Manager
Rolanda Russell, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attomey
Maryellen F. Goodlatte, Attorney for the Petitioner
5
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IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
INRE:
Rezoning of three tracts of land located at the intersection of Stewart Avenue, S.E.
and 9th Street, S.E., identified as official Tax Map Numbers 4112016, 4112017, and
4112018 (one parcel having a street address of 818 Stewart Avenue, S.E.), from
RM-2, Residential Multi-Family, Medium Density District, to C-2, General
Commercial District, such rezoning to be subject to certain conditions.
PETITION FOR REZONING
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE, VIRGINIA:
Petitioners Norman R. Pratt and Marie A. Pratt own real property in the City of
Roanoke, Virginia, containing 0.4778 acres, more or less, located at the intersection of
Stewart Avenue, S.B. and 9th Street, S.E. and being Tax Map Numbers 4112016,
4112017, and 4112018.
The property is currently zoned RM-2, Residential
Multi-Family, Medium Density District. A map of the property to be rezoned is attached
as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (I979), as amended,
Petitioner requests that the said property be rezoned from RM-2, Residential
Multi-Family, Medium Density District, to C-2, General Commercial District, subject to
certain conditions set forth below, for the purpose of pennitting an automobile repair
establishment (Norm's Transmissions) on the property. The conceptual development
plan dated September 22,2003, is attached hereto as Exhibit B ("Development Plan").
Your petitioner believes the rezoning of the property will further the intent and
purposes of the City's Zoning Ordinance and Vision 2001-2020 Comprehensive Plan.
This property is located along 9th Street, S.E., and is currently a vacant lot. The
small-scale commercial building housing Norm's Transmission Shop will provide
commercial infill development which will complement the surrounding commercial and
institutional uses.
Your petitioner hereby proffers and agrees that if the said tract is rezoned as
requested, that the rezoning will be subject to, and that it will abide by, the following
conditions:
I. The property will be developed in substantial conformity with the
Development Plan dated September 22, 2003, and attached to this amended petition as
Exhibit B, subject to any changes required by the City during the Comprehensive Site
Plan review.
2. All lighting on the property shall consist of fixtures with shields designed
to minimize illumination of any off-site property.
3. This property shall be used only as an automobile repair establishment
except painting and body shops.
4. There shall be no freestanding signs on the subject property.
2
Attached as Exhibit C are the names, addresses and tax numbers of the owners of
all lots or properties immediately adjacent to, immediately across a street or road from the
property to be rezoned.
WHEREFORE, your Petitioner requests that the above-described tract be rezoned
as requested in accordance with the provisions of the Zoning Ordinance of the City of
Roanoke.
Respectfully submitted this ~ 9 day of .4~..A ~ 2003.
Norman R. Pratt
Marie A. Pratt
BY~O_. _ F~
of unsel
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
210 1st Street, S.W., Suite 200
P. O. Box 2887
Roanoke, Virginia 24001-2887
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
3
Norman R. Pratt and Marie A. Pratt, owners of the property subject to this petition,
hereby consent 10 this rezoning petition.
u ~ ~ fledIr-
Norman R. Pratt
{J.1 /hd_ ,<I il. u
Marie A. Pratt
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ADJOINING PROPERTY OWNERS
OF
NORMAN R. PRATT and MARJE A. PRATT
TAX MAP PARCELS 4112016, 4112017, AND 4112018
TAX MAP NUMBER
OWNER(S)/ ADDRESSES
4112006 Mark Edward Minnix
18550 Calloway Road
Calloway, Virginia 24067
4112007 Byron A. Mullen
Doris P. Mullen
1113 Morehead Avenue, S.E.
Roanoke, Virginia 24013
4112008 Charlie Davis Pol umbo, Jr.
310 Stonebridge Drive
Vinton, Virginia 24179
4112009 Charlie Davis Po1umbo, Jr.
310 Stonebridge Drive
Vinton, Virginia 24179
4112101 AMVETS Post #4
911 Tazewell Avenue, S.E.
Roanoke, Virginia 24013
4112111 AMVETS Post #40
911 Tazewell Avenue, S.B.
Roanoke, Virginia 24013
4112110 The Castle Rock Group
6053 Burnham Road, S.W.
Roanoke, Virginia 24018
4112701 Joseph Wayne Ellis, Sr.
1019 C1earview Drive
Vinton, Virginia 24179
4112609
Belmont Baptist Church
819 Stewart Avenue, S.E.
Roanoke, Virginia 24013
4112608
Belmont Baptist Church Trustees
819 Stewart Avenue, S.E.
Roanoke, Virginia 24013
4112607
Belmont Baptist Church Trustees
819 Stewart Avenue, S.E.
Roanoke, Virginia 24013
4112015
Michael K. Mabery
1689 Duncans Chapel Road, N.W.
Willis, Virginia 24380-4542
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PETITION
The undersigned enthusiastically support the rezoning of three parcels at the corner of
9th Street and Stewart Avenue for the relocation of Norm's Garage, an automobile
transmission shop, from RM-2 to C-2. We believe this low-intensity commercial use is
just right for the location and helps to anchor the other commercial uses along 9th
Street. We do not think residential uses are appropriate here:
r
;
L
i
(0
PETITION
I,
The undersigned enthusiastically support 1he rezoning of three parcels at the comer of
9th Street and Stewart Avenue for the relocation of Norm's Garage, an automobile
transmission shop, from RM-2 to C-2. We believe 1his low-intensity commercial use is
just right for the location and helps to anchor the other commercial uses along 9th
Street. We do not think residential uses are appropriate here:
"
s
PETITION
The undersigned enthusiastically support the rezoning of three parcels at 1he comer of
9th Street and Stewart Avenue for the relocation of Norm's Garage, an automobile
transmission shop, from RM-2 to C-2. We believe this low-intensity commercial use is
just right for the location and helps to anchor the other commercial uses along 9th
Street. We do not think residential uses are appropriate here:
=>-"'-'"'-
I:::> ~ ~ -
I
t'l
PETITION
The undersigned enthusiastically support the rezoning of three parcels at the comer of
9th Street and Stewart Avenue for the relocation of Norm's Garage, an automobile
transmission shop, from RM-2 to C-2. We believe this low-intensity commercial use is
. just right for the location and helps to anchor the other commercial uses along 9th
Street. We do not think residential uses are appropriate here:
I
I
)
October 2.. 4-
,2003
RECEIVED
Ms. Martha Franklin
Roanoke City Planning Commission
Municipal Building, First Floor
Room 162
215 Church Avenue, S.W.
Roanoke, Virginia 240II
On ""l'Yi
.1 0 Ltj~..kl
CITY OF ROANOKE
PLANNlrlG BUILDING AND DEVELOPMENT
Dear Ms. Franklin
PI this I
P I h ease accept elter to. show my support for the rezoning request of Norman and Marie
ralt. . ave reviewed the apphcatlOn. I beheve the conditions are proper and their requested use is
appropnate.
. The existence of Norm's Garage in the south east area has been a long lasting one The have
been m the area for I3 years and have done nothing but clean up and support the neighborhoo/
d ~ 1: UJc-<-:,,~ L~ L~~ 0/2) ~7;Y}, 1ve SI
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"PCC
PRESBYTERIAN COMMUNITY CENTER
1228 Jamison Avenue, SE
Roanoke, VA 24013
Phone: 540.982.2911
Fax 540.342.3568
Email:pccse@roanoke.infi.net
Website:www.pccse.org
Ms. Martha Franklin
Roanoke City Planning Commission
Municipal Building, First Floor
Room 162
215 Church Avenue, SW
Roanoke, Virginia 24011
RECEIVED
or.r " R 2CC3
October 27,2003
(;! ,v 'iF IlUi..,,,l;!\C
PLANNING BUiLDiNG AND DEVElOP,,; ::lr
Dear Ms. FrarJ::lin,
I am writing in support of the rezoning request of Norman and Marie Pratt. It is my
understanding that they plan to build a new auto service center at the comer of Stewart and
Ninth Street in Southeast Roanoke City. I view this use of that property as appropriate and
proper since the Ninth Street corridor has many other businesses and services nearby. I have
known Mr. Pratt and his son for the past 8 years. They have provided a valuable service to the
Presbyterian Community Center by providing affordable automotive service to PCC vehicles.
Norm's Garage has also examined and repaired vehicles donated to the PCC, which were then
turned over to needy families that the PCC regularly serves.
Norm's Garage is a reputable and dependable business that I believe is a valuable asset to the
Southeast community. I urge you to accept and support the rezoning request to help keep this
business in our neighborhood.
Very Sincerely,
~c.~a::t~
Director of Family Programs
....--""--
October
, qj
,2003
Ms. Martha Franklin
Roanoke City Planning Connni5sion
Municipal Building, First Floor
Room 162
215 Church Avenue, S.W.
Roanoke, Virginia 240 II
Dear Ms. Franklin
Please accept this letter to show my support for the rezoning request of Norman and Marie
Pratt. I have reviewed the application. I believe the conditions are proper and their requested use is
appropriate.
The existence of Norm's Garage in the south east area has been a long lasting one. They have
been in the area for I3 years and have done nothing but clean up and support the neighborhood.
NIiV ~( !JJOODJ^4
.fflJ1~
l{}tXJDJAlq6 AUroEODV
RECEIVED
NOV - 7 2003
CI1Y OF ROANOKE
PlANNING BUILDING AND DEVELOPMENT
Belmont Baptist Church
Rev. Steven Harris,
Pastor
October 30, 2003
REC€IVED
o 3 2003
PLANNING 8~~,~; ROANOKE
1/,6 ANO 0
'EV!:LOPMENT
Rev. Carol F. McCann,
Minister of Education, Youth & Children
Rev. Lynwood Catron,
Minister of Music
825 Stewart Ave., SE
Roanoke, VA 24013
(540) 343-5539
To Whom It May Concern:
Norm's Garage has been a part of the economic fabric of Southeast
Roanoke for decades. As pastor of Belmont Baptist Church, located at 825
Stewart Avenue, I was delighted to see Mr. Pratt's plans to move his business.
Norm's Garage will be a welcome neighbor by the church.
I am hopeful of Mr. Pratt's relocation of his garage, for such action will
continue the economic development and revitalization of Southeast. Mr. Pratt
has been a committed businessman in Southeast, and it's good economic
interest for him to relocate and grow his business at Stewart Avenue and Ninth
Street.
The property to which Mr. Pratt desires to relocate has been vacant for
many years. By moving his business and making the property aesthetically
pleasing, this section of Belmont will be more inviting to those living in and
traveling to Southeast.
As stated, Mr. Pratt's business would be a welcome neighbor and I hope
the ComMission will support this development at Stewart and Ninth.
Sincerely ~ /
7?(N. ~ ., I
Rev. Steven W. Harris
Pastor, Belmont Baptist Church
cc: Mr. l\Iorman Pratt
11/06103
MS. MAR'IHA FRANICLlN
ROANOlCBClTYPLANNING ceMMlSSION
MUNIClPAL'.BUILDlNG,ElRST'PLQOR
ROOM 162
21SCHURCHAVENUB, S.W.
ROANOlCB, VA 24011
DEAR MS.FRANKLIN
MY NAMBJSTJMMCGUlRB AND I OWN BILL'S AU'l'O SALES ON
TAZBWmLAVENUE. lHAVEBBENINBUSlNESSFORFOURTBIlN YEARS
AND,CURRBNTLY OWN TWELVE OTHER. PROPERTlBSINROANOICEClTY AS
WELL.
lRECBl'fll,YSIGNBDACON'mACT TOPURCHASB'lHB OlD
.POLUMBO~SRBSTAURAHTPROPBRTY'lHATIOINSMR..PRATfSPROP08BD
SrrBFORTHENEWBUlLDINaHJRGBYOO'ID'BNaOURAGEBSTABLISHED
SOUTHEASTBtfSlNESSOWNBRS TOSTAYINSOUTHE.AST.
MR..mnCOULD BAVEPURalASEDOTHER.PROPBRTY ANDH>VBDOUl'
OFOURNBIGHBORHOOD; ALLOFMYTRANSMISSION.WORKJSDONB
THROUGHms BIJSDllESS.BECAUSIHrIS ALWAYS RBPAJRBllCORRBC'J!LY
AND AT A PAIR .PRICB.. lTWOULDBBA HUOBLOSS 10 MY BUSINBSS AND
1HBCOMMUNlTYIF HBWBRBNO LONGBRIN SOUTHEAST.
HlSNBW BUILDING ALONGwrm:nmNEWSUI1ER. DDlWG
lOCATlONACROSS'IHESTRP'.BTWlLLENCOtJRAGBMORBPROPFRTY
OWNFRS'IOCONTlNUB'IOIMPROVE THBAPPEARANCBANDCONDmON
OF 1lJBIRPR.OP.BRTY.
TO PROVEMY' RP,J.IRJlINTHE SOU'l'HBAST COMMUNl'lY I INVrrB
YOU TO LOOIC ATMY RENTAL PROPBRTYlOCATlIDAT 1171)m STREBT SA
IN WHlCHlRBCBN'IL Y SPP.N1'DfBXCBSS 01"145,000 roCOMPLBTBL Y
REMODEL IT. I COULD HAVBBASlLY SPBNT$7000.00ANDLEF'T IT AN
BYBSORB ANDRBNTBD IT ANYWAY..IDlDNOTCHOOSBTHATOPTION
BBCAUSB IPLAN ON BBlNGJN THB SOlJ'I'HBAST OOMMUNITYPOR. THE
RESt OF MY LIFE.
WmnllI8, IURGB YOU 10 SUPPORT 1HB R.E.ZONJNG RBQUBST OF
NORMANANDMARJBPRATI'.
~
TlMMCGUlRE
BILL'S AUTO SALES
804 TAZEWELL AVE, SE
ROANOKE, VA 24013
(540) 344-9479
RECEIVED
NOV ~.7 2003
CITY OF ROANOKE
PlANMNG BUllDING AND DEVELOPMENT
Wooding's Auto Body
824 Tazewell Ave. S.E
Roanoke, Virginia 24013
540-345-4871
Ms. Martha Franklin
Roanoke City Planning Commission
Municipal Building, First Floor
Room 162
215 Church Avenue, SW
Roanoke, Virginia 24011
Dear Planning Commission,
We at Wooding's Auto Body have had a long lasting relationship as a neighbor
to Norm's Garage. Both of our Company's entered S.E in the same month of the
same year some, 13.5 years ago. Since that time I have appreciated and
witnessed the services and commitment to the local residents of the Southeast
Community.
We also have greatly benefited from the influx of customers Norm's Has brought
to our community, as have many other local company's located in S.E. The
importance of bringing new faces and people to S.E that otherwise would not
come here is great. I feel that Norm's has become a pillar of the community and
it would be extremely beneficial to keep them in the immediate area.
I fully support the request to rezone the lot at 818 Stewart Ave. from Residential
to Commercial and feel Norm's would fit the description of "Commercial
rehabilitation and in fill development" perfectly. I have reviewed the site plan of
the proposed Norm's Transmission's and feel it is exactly what the community
needs. It is a very attractive and inviting plan and I feel it incorporates the needs
and wants of our residents.
Very truly yours,
RECElVED
NOV . 7 2003
CIlY OF ROANOKE
PI.ANNlNG BUILDING AND DEVELOPMENT
~~' WOOd~___
. ~---
"'--
~
November 10, 2003
Ms. Martha Franklin
Roanoke City Planning Commision
Municipal Building, First Floor
Room 162
215 Church Avenue, SW
Roanoke, Virginia 24011
Dear Ms. Franklin,
Our Corporation, Santillane, LLC, owns the property at 602 Ninth Street SE in Roanoke
and is currently leased by Replay Video. Our owner (George C. Moore) or our corporation
has owned this property for 8 years. We currently have a good working relationship with
Norm's Garage and are eager to see their business relocate to the planned new building
located at 818 Stewart Avenue.
By allowing Norm's Garage to move to this new location, we feel sure it will help improve
the business traffic in this area as well as attract new customers to the area. Norm's
Garage has been a cornerstone business in this area for over 13 years and this new project
will transform a vacant lot into a thriving business.
Our corporation fully supports the rezoning of this vacant lot location at 818 Stewart
Avenue from Residential to Commercial. We feel that this will help encourage economic
growth in this part of town which is in desperate need of new growth.
As stated above, I urge you to honor the rezoning request of Norm's Garage to help
continue the economic development of the Southeast Roanoke area.
")
Si.ncere. Iv. i,~ /
,'.._' J.~-"~, ,
".~
, .
/
1...-...' ",' .
Randall Woods
General Manager
Santillane, LLC
November 13,2003
Mr. Norman R. Pratt
C/p Norm's Garage
1003 Tazewell Avenue
Roanoke, Va. 24013
Re: Rezoning
Dear Mr. Pratt:
This letter is to show South East Action Forum is supporting the rezoning request. We
believe the conditions are proper and the request use is appropriate. The rezoning does
not jeopardize or adversely impact the Southeast.. .By Design project.
South East Action Forum, enthusiastically support the rezoning of three parcels at the
comer of 9th Street and Stewart Avenue for the relocation of Norm's Garage, an
automobile transmission shop, from RM-2 to C-2. We, believe this low-intensity
commercial use is just right for the location and helps to anchor the other commercial
uses along 9th Street. We, do not think residential uses are appropriate here.
Our Forum, would like to say that one of the important points of the Southeast.. .By
Design project is to provide for commercial rehabilitation and in-fill development.
This, is just what Mr. Norman R. Pratt is doing.
South East Action Forum, support Mr. Norman R. Pratt 100%.
Sincerely Yours,
~~A~
Donna Bonham
Secretary
South East Action Forum
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
,
"
The Roanoke Times
--------------------------------------------------+------------4~-------------
,
I'
NATT, EDWARD A., ATTY.
3912 ELECTRIC RD.
OSTERHOUDT, PRILLAMA
ROANOKE VA 24018
I
!
IlOTICE Of PUBlIC IEMM
REFERENCE: 80068694
02264290
Stewart/Ninth
TO WHOM IT MAY CONCERN:
PuI'8UIII'lt to the provisions of
Artlde VU of Chapter 36.1,
COde of the CIty of Roanoke
,(1979), as amended, the
Councll.of the CIty of Roenoke
will hold e Public Hearing on
Dei:ember 15, 2003, at 7:00
p.m., In the CouncQ Chamber
In the Noel C. Tey\orMunlc1pa1
BuIlding. 215 Church Avenue,
S.W., on the question of
I'8ZOI'lInC fiom RM-2, AMldan.
tlaI MuItlfM'IIly, ~um Den.
sIty DlstriGt, toC-2, General
Commerc\aI.D1str1ctlUbJectto
certeln pn:lf\'eredCOl\dMlons,
the fOIloM>C proptIrty. .
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:
Those certain parcelill of land
locatecletthelnt.-l'MC:Ilonof
Stewart A~ue, .8.E., and
N1n1h Street, S.E., identlfIed
lIlI OfIIoIcII.fU NoI. 4112018,
4112017 and 411201$.
A QOIl'1 of thle. propoeel Is
avallablll for public Inapection
tn,ttleOl'llce of theQty aerk,
ROom 456, Noel C. Taylor
Munlclpal Bulldlna. All parties
In IntaRlst may 8PPMf 011 the
abO\'edate.Mdbetleardon
the. quMtIon.
City/County of Roanoke, Commonwealth/State of
V~~~~A~a. Sworn and subscribed before me this
_Ji-L~_day of December 2003. Witness my hand and
official seal.
~ ~ c
__ ~_ _ ~~ Notar Public
M.;f c ommi'fl i!f/) re s :::ir/UL..3Jj'1lZrl----.
If you are a peraon with. dls.
ability WIlo need8 acoommocIa-
tlol'llfor this public hHrfn&.
contactthaCItyClerk'aOfllce,
8153-2541,. by. Thursday,
Dacarrber 11, 2003.
GIVEN unclerrny hancithls
24th day of Novembet,.2003.
MeryF.-Parkar,CltyCterk.,
(2264290)
PU8LISHED ON:
11/28 12/05
TOTAL COST:
FILED ON:
245.82
12/05/03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - --
~~:~~~~;:~__~_~_~---------, Billing Services Representative
~V{v:
...
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
December 15, 2003, at 7:00 p.rn., in the Council Chamber in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential
Multifamily, Medium Density District, to C-2, General Commercial District, subject to
certain proffered conditions, the following property:
Those certain parcels of land located at the intersection of Stewart Avenue,
S.E., and Ninth Street, S.E., identified as Official Tax Nos. 4112016, 4112017
and 4112018.
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, December 11,2003.
GIVEN under my hand this 24th day of November
,2003.
Mary F. Parker, City Clerk.
~ .
Notice to Publisher:
Publish in the Roanoke Times once on Friday, November 28, 2003, and once on Friday, December 5,
2003.
Send affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 240 11
(540) 853-2541
Send bill to:
Maryellen F. Goodlatte, Esquire
Glenn, Feldmann, Darby & Goodlatte
P.O. Box 2887
Roanoke, Virginia 24001-2887
(540) 244-8018
..
.
~~
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@cLroanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
December 5, 2003
File #51
Maryellen F. Goodlatte, Attorney
Glenn, Feldmann, Darby and Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 15, 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 Norman R. and Marie A. Pratt, that certain parcels
of land located at the intersection of Stewart Avenue and Ninth Street, S. E., Official Tax
Nos. 4112016 - 4112018, inclusive, be rezoned from RM-2, Residential Multifamily,
Medium Density District, to C-2, General Commercial District, subject to certain conditions
proffered by the petitioners.
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.
It will be necessary for you, or your representative, to be present at the December 15
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
~ rn. fYJ~
Stephanie M. Moon
Deputy City Clerk
Enclosure
N:\CKEW1\PUBLlC HEARINGS 03\DECEMBER 15 ATTORNEY-ADJOINING PROPERTY OWNERS LETTERSDOC
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 240 I I - I 536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
December 5, 2003
File #51
Mr. Mark E. Minnix
Mr. Charlie D. Polumbo, Jr.
The Castle Rock Group
Belmont Baptist Church
Christine Proffitt and Bobby Meadows
Members, Historic Belmont
Mr. and Mrs. Byron Mullen
AMVETS Post #4
Mr. Joseph W. Ellis, Sr.
Mr. Michael K. Mabery
Sandra Eanes, Member
Southeast Action Forum
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
December 15, 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 Norman R. and Marie A. Pratt, that certain
parcels of land located at the intersection of Stewart Avenue and Ninth Street, S. E.,
Official Tax Nos. 4112016 - 4112018, inclusive, be rezoned from RM-2, Residential
Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioners.
The City Planning Commission is recommending that Council approve the rezoning. If you
would like to receive a copy of the report of the City Planning Commission, please call the
City Clerk's Office at 540-853-2541 .
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the
Department of Planning, Building and Development at 540-853-1730.
Sincerely,
~"rn .'N"\t>tnQ
Stephanie M. Moon \
Deputy City Clerk
N:\CKEW1\PUBLlC HEARINGS 03\DECEMBER 15 ATTORNEY-ADJOINING PROPERTY OWNERS LETTERS.DOC
NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The City of Roanoke Planning Commission will hold a public hearing on
Thursday, November 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 Norman R. Pratt and Marie A. Pratt, represented by Maryellen F.
Goodlatte, attorney, that property located at the intersection of Stewart Avenue,
S.E., and Ninth Street, S.E., bearing Official Tax Nos. 4112016, 4112017 and
4112018, be rezoned from RM-2, Residential Multifamily, Medium Density
District, to C-2, General Commercial District, such rezoning to be subject to
certain conditions proffered by the petitioner.
A copy of the application is available for review in the Department of Planning
Building and Development, Room 166, Noel C. Taylor Municipal Building.
All parties in interest and citizens may appear on the above date and be heard
on the matter. If you are a person who needs accommodations for this hearing, please
contact the Department of Planning Building and Development at 853-1730 before
12:00 noon on the Monday before the date of the hearing listed above.
Martha P. Franklin, Secretary
City of Roanoke Planning Commission
Please print in newspaper on Tuesday, November 4 and 11, 2003
Please charge to
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
POBox 2887, Roanoke, VA 24001-2887 (540) 224-8018
Please send affidavit of publication to:
Martha P. Franklin, Department of Planning Building & Development
Room 166, Municipal Building, 215 Church Avenue, SW.
Roanoke, VA 24011 (540) 853-1730
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING REQUEST OF:
Norman and Marie Pratt, at Stewart and Ninth Street, S.E )
Tax Nos. 4112016-4112018, from RM-2 to C-2, conditional ) AFFIDAVIT
COMMONWEALTH OF VIRGINIA
)
) TO-WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary
to the Roanoke City Planning Commission, and as such is competent to make this
affidavit of her own personal knowledge. Affidavit states that, pursuant to the
provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke, she has sent by first-class mail on the
20th day of October, 2003, notices of a public hearing to be held on the 20th day of
November, 2003, on the rezoning captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
4112006
4112007
4112008
4112009
4112101
4112111
4112110
4112701
4112609
4112608
4112607
4112015
Owner's Name
Mailina Address
Mark E. Minnix
18550 Calloway Road
Calloway, VA 24067
Byron and Doris Mullen
1113 Morehead Avenue, SE
Roanoke, VA 24013
Charlie D. Polumbo, Jr.
310 Stonebridge Drive
Vinton, VA 24179
AMVETS Post #4
911 Tazewell Avenue, SE
Roanoke, VA 24013
The Castle Rock Group
6053 Burnham Road, SW
Roanoke, VA 24018
Joseph W. Ellis, Sr.
1019 Clearview Drive
Vinton, VA 24179
Belmont Baptist Church
819 Stewart Avenue, SE
Roanoke, VA 24013
Michael K. Mabery
1689 Duncans Chapel Road, NW
Willis, VA 24380-4542
Notice also mailed to: Sandra Eanes, SE Action Forum
Christine ffitt and Bobby Meadows, Historic Belmont
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 20th day of October, 2003.
~9~wJ
Notary Public
My Commission Expires: O? - 01 ~ -.;;;)CO 7
,
,
CITY OF ROANOKE
OFFICE OF CITY CLERK
2 I 5 Church A venue, S. W., Room 456
Roanoke, Virginia 240 II - I 536
Telephone: (540) 853.2541
Fax: (540) 853-1145
E~mail: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
October 3, 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 September 30,2003,
from Maryellen F. Goodlatte, Attorney representing Norman R. and Marie A. Pratt,
requesting that property located at the intersection of Stewart Avenue and 9th Street, S. E.,
Official Tax Nos. 4112016 - 4112018, inclusive, be rezoned from RM-2, Residential Multi-
Family, Medium Density District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioners.
A'~ J. ~
Mary F. Parker, CMC
City Clerk
MFP:ew
Enclosures
N:\CKEWl\Rezonings - Street Alley Closings 03\rezonings 03\october\rezoning Stewart and 9th se goodJatte.wpd
Robert B. Manetta
October 3, 2003
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box
2887, Roanoke, Virginia 24001
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. Frederick Gusler, City Planner II
N:ICKEWI IRezonings. Street Alley Closings 03lrezonings 031octoberlrezoning Stewart and 9th se goodlatte.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
December 18, 2003
File #100-166-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36583-121503 authorizing the City Manager to enter
into a lease with YMCA of Roanoke Valley, Inc., for the lease of City-owned property
identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412 and
1113413, and Official Tax Nos. 1011206, 1011209 and 1011210, when they become
property belonging to the City, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
rhfM-t
I tM--
Sincerely,
Mary F. Parker, CMC
City Clerk
Enclosure
MFP:ew
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
Sherman M. Stovall, Acting Director, Management and Budget
F. Calvin Johnson, Executive Director, YMCA of Roanoke Valley, Inc., 425 Church
Avenue, S. W., Roanoke, Virginia 24016
I" \,<ry
!," v
,':\ '
\~~ ..
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36583-121503.
AN ORDINANCE authorizing the City Manager to enter into a lease with YMCA of
Roanoke Valley, Inc., for the lease of City-owned property identified as Official Tax Nos. 1113408,
1113409,1113410,1113411,1113412 and 1113413, and Official Tax Nos. 1011206, 1011209 and
1011210, when they become property belonging to the City, upon certain terms and conditions; and
dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in
form approved by the City Attorney, a lease with YMCA of Roanoke Valley, Inc., for the lease of
City-owned property identified as Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412
and 1113413, and Official Tax Nos. 1011206,1011209 and 1011210, when they become property
belonging to the City, such lease beginning August 1,2004, and terminating December 31,2005,
subject to an automatic renewal on a month to month basis, and upon the terms and conditions as
more particularly set forth in the City Manager's letter dated December 15, 2003, to this Council.
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading ofthis
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H:\QRDINANCES\O-LEASE- YMCA 121503.DOC
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December 15, 2003
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Best pitch, Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Lease of City Owned
Property to the YMCA of Roanoke
Valley, Inc.
Background:
On December 24, 2002, City Council entered into an Agreement with the YMCA
of Roanoke Valley to provide support for the development and construction of a
new YMCA facility in the West Church area of downtown Roanoke to
accommodate an expanding number of YMCA programs and to replace the
current YMCA building located at the corner of Church Avenue and Fifth Street,
SW. In order to support the economic development of the West Church Avenue
corridor including the new YMCA facility, City Council approved construction of a
structured parking garage as part of the 2004-2008 Capital Improvement Plan.
Bonds are projected to be sold in FY2006 to finance this garage project.
Considerations:
In order to assure sufficient interim parking for the new YMCA facility prior to the
opening of a new public parking structure, the YMCA wishes to leases two city
owned suriace parking lots in the West Church corridor, as more fully described
in Attachment A to this report, for the purpose of providing parking for its
members and program attendees. The lease would commence on August 1,
2004 and terminate on December 31, 2005 subject to automatic renewal on a
month-to-month basis until the parking structure is operational. Annual revenue
from the lease will be $35,597. The YMCA will assume complete responsibility,
Honorable Mayor and Member of Council
December 15, 2003
Page-2
liability and expenses related to the operation of the parking lots for the term of
the lease,
Recommended Action:
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 the term of August 1,2004 until December 31,
2005 subject to automatic renewal on a month to month basis until the new
public parking structure located in the West Church Avenue corridor is
operational.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:djm
c: Mary F. Parker, City Clerk
William M, Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth Neu, Director of Economic Development
Sherman Stovall, Acting Director, Management and Budget
CM03-00229
AGREEMENT TO ASSIGN LEASEHOLD INTEREST
THIS AGREEMENT TO ASSIGN LEASEHOLD INTEREST, made and
entered into this day of , 2003, by and between
YMCA OF ROANOKE V ALLEY, INC. (the "Borrower"), and SUNTRUST
BANK, its successors and assigns (the "Lender") and is consented to by the CITY
OF ROANOKE, VIRGINIA (the "City").
WITNESSETH
THAT for and in consideration of the mutual covenants contained herein,
and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Borrower assigns to the Lender and its assigns, all of its right,
title and interest as tenant (the "Assignment") in and to that certain Lease dated the
day of , 2003, by and between the Borrower and the City,
as in effect as of the date hereof (the "Lease"). The Assignment shall become
effective only upon (i) the occurrence of an "Event of Default" under that certain
Credit Line Deed of Trust, made as of the first day of November, 2002, from the
Borrower to G. Michael Pace, Jr., and Alton L. Knighton, of record in the Clerk's
Office for the Circuit Court for the City of Roanoke, Virginia as instrument no.
020023040 as modified, replaced or restated from time to time (the "Deed of
Trust"), and (ii) written notice delivered by the Lender to the Borrower and the
City, stating that the Lender or its assignee shall be substituted as the tenant under
the Lease for the sole purpose of operating the property secured by the Deed of
Trust. Any party substituted as the tenant under the Lease shall assume all of the
Borrower's liabilities and obligations thereunder.
The City enters into this agreement for the sole purpose of consenting to the
Assignment.
The Assignment is made and consented to subject to the requirement that in
the event that any assignee hereunder does not operate the YMCA's facility as a
"YMCA," then the rental amount under the Lease shall be adjusted to be equal to
the parking rental rate then being offered by the City to other for-profit entities.
Exhibit A
Witness the following duly authorized signatures.
YMCA OF ROANOKE V ALLEY, INC.
By:
Its:
SUNTRUST BANK
By:
Its:
CITY OF ROANOKE, VIRGINIA
By:
Its:
Exhibit A
LEASE
This LEASE is entered into this _ day of ,2003, by and between the CITY
OF ROANOKE, VIRGINIA (hereinafter referred to as "the City") and the YMCA OF
ROANOKE VALLEY, INC., (hereinafter referred to as "the YMCA").
FOR AND IN CONSIDERATION of the mutual entry into this lease by the parties hereto,
and other good and valuable consideration, the City and the YMCA agree as follows:
I. Lease: The City hereby leases to the YMCA and the YMCA hereby leases from the
City, Official Tax Nos. 1113408, 1113409, 1113410, 1113411, 1113412 and 1113413 and, when
they become property belonging to the City pursuant to an Agreement dated December 24, 2002,
between the City and the YMCA, Official Tax Nos. 1011206, 1011209 and 1011210 ("the Leased
Property"). The YMCA acknowledges and agrees that the Leased Property is leased "as is" and that
the City shall have no responsibility or liability for maintenance of the Leased Property, including,
without limitation, snow removal, utilities, gravel or asphalt replacement, or drainage of surface
water, provided, however, that the City shall be responsible for maintenance of the Leased Property
for any period that it preempts the use of the Leased Property pursuant to Paragraph No.3 and for
any maintenance or cleaning required as a result or consequence of such preemption.
2. Term: This lease shall be for a term commencing on August 1,2004, and terminating
on December 31, 2005, subject to automatic renewal on a month to month basis until a parking
structure that contains ISO parking spaces available for lease at rates approved by City Council by
the YMCA for its patrons is constructed west of 3rd Street in the Church Avenue West area. The
Church Avenue West area is defined and bound by Campbell Avenue to the north, 2nd Street to the
east, Marshall Avenue to the south, and 7th Street to the west.
3. Use of Leased Prooerty: The YMCA shall have the exclusive right to use the Leased
Property twenty-four (24) hours each day and for seven (7) days a week provided, however, that all
uses of the Leased Property by the YMCA shall be subject to the right of the City to preempt such
use when special events are scheduled in the vicinity of the Leased Property or at any other location
which necessitates, in the judgment of the City Manager for the City, the use of the Leased Property,
by giving the YMCA seventy-two (72) hours written notice of such preemption. In the event the
City preempts the YMCA's exclusive or other use of the Leased Property, all costs and expenses of
required alternative parking arrangements shall be borne by the YMCA. The Leased Property shall
be used by the YMCA solely for the purpose of parking motor vehicles, and in no case may a motor
vehicle be left on the Leased Property for over twenty-four (24) consecutive hours.
4. Rent: The YMCA shall pay to the City TWO THOUSAND EIGHT HUNDRED
EIGHTY THREE DOLLARS AND NINE CENTS ($2,883.09) per month as rent for the Leased
Property. The rent shall be due in advance and payable on the first day of each month during the
term ofthis Lease. For each day in a month that the City preempts the YMCA's use of the Leased
Property pursuant to Paragraph No. 3 above, the rent that month will be reduced by NINETY
THREE DOLLARS AND NO CENTS ($93.00).
I
12/08/03
5. The YMCA's Responsibilities:
(a) The YMCA shall arrange for its staff to patrol the Leased Property as part of their
regular duties during the hours when the Leased Property is being used for the YMCA parking;
provided, however, that the YMCA assumes no responsibility for patrolling or securing the Leased
Property when it is being used by the City or others for special events.
(b) The YMCA shall keep the Leased Property clear of trash and debris.
(c) The YMCA shall install signs on the leased property, and shall remove such signage
upon termination of the lease at YMCA expense.
6. Insurance and Indemnification:
(a) Requirement of insurance. The YMCA shall, at its sole expense, obtain and
maintain during the life of this Lease the insurance policies required by this section. Any
required insurance policies shall be effective prior to the beginning of any work or other
performance by the YMCA under this Lease. The following policies and coverages are
required:
(I) Commercial General Liabilitv. Commercial general liability insurance shall insure
against all claims, loss, cost, damage, expense or liability from loss of life or damage or
injury to persons or property arising out of the YMCA's use of the Leased Property. The
minimum limits of liability for this coverage shall be ONE MilLION DOLLARS AND NO
CENTS ($1,000,000.00) combined single limit for anyone occurrence.
(b ) Umbrella Coverage. The insurance coverages and amounts set forth in subsection (I)
may be met by an umbrella liability policy following the form of the underlying primary
coverage in a minimum amount of ONE MILLION DOLLARS AND NO CENTS
($1,000,000.00). Should an umbrella liability insurance coverage policy be used, such
coverage shall be accompanied by a certificate of endorsement stating that it applies to the
specific policy numbers indicated for the insurance providing the coverages required by
subsections (I), and it is further agreed that such statement shall be made a part of the
certificate of insurance furnished by the YMCA to this City.
(c) Evidence of Insurance. All insurance shall meet the following requirements:
(I) Prior to execution of this Lease, the YMCA shall furnish the
City a certificate or certificates of insurance showing the type,
amount, effective dates and date of expiration of the policies.
Certificates of insurance shall include any insurance
deductibles. Such certificates shall be attached to this Lease at
the time of execution of this Lease and shall be furnished in a
timely fashion to demonstrate continuous and uninterrupted
2
12/08/03
coverage of all of the required forms of insurance for the
entire term of this Lease.
(2) The required certificate or certificates of insurance shall
include substantially the following statement: "The insurance
covered by this certificate shall not be canceled or materially
altered, except after thirty (30) days written notice has been
received by the Risk Management Officer for the City of
Roanoke."
(3) The required certificate or certificates of insurance shall name
the City of Roanoke, its officers, employees, agents,
volunteers and representatives as additional insureds.
(4) Where waiver of subrogation is required with respect to any
policy of insurance required under this section, such waiver
shall be specified on the certificate of insurance.
(5) Insurance coverage shall be in a form and with an insurance
company approved by the City which approval shall not be
unreasonably withheld. Any insurance company providing
coverage under this Lease shall be authorized to do business
in the Commonwealth of Virginia.
7. Indemnification: The YMCA agrees and binds itself and its successors and assigns to
indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives
free and harmless from any liability on account of any injury or damage of any type to any person or
property growing out of or directly or indirectly resulting from any act or omission of the YMCA
including: (a) the YMCA's use of the City's Tax Nos. 1113408, 1113409, 1113410, 1113411,
1113412, 1113413, and when they become property belonging to the City pursuant to an Agreement
dated December 24, 2002, between the City and the YMCA, Official Tax Nos. 1011206, 1011209
and 1011210, (b) the exercise of any right or privilege granted by or under this lease; or (c) the
failure, refusal or neglect of the YMCA to perform any duty imposed upon or assumed by the
YMCA or under this lease. In the event that any suit or proceeding shall be brought against the City
or any of its officers, employees, agents, volunteers or representatives at law or in equity, either
independently or jointly with the YMCA on account thereof, the YMCA, upon notice given to it by
the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of
defending the City or any of its officers, employees, agents, volunteers or representatives in any such
action or other proceeding. In the event of any settlement or any final judgment being awarded
against the City or any of its officers, employees, agents, volunteers or representatives, either
independently or jointly with the YMCA, then the YMCA will pay such settlement or judgment in
full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the
City or any of its officers, employees, agents, volunteers or representatives harmless therefrom.
3
12108/03
8. Equal Emplovment Opportunitv: During the performance of this Lease, the YMCA
agrees as follows:
(a) The YMCA will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by
state law relating to discrimination in employment, except where there is a bona fide occupational
qualification reasonably necessary to the normal operation of the YMCA. The YMCA agrees to post
in conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
(b) The YMCA, in all solicitations or advertisements for employees placed by or on
behalf of the YMCA, will state that such the YMCA is an equal opportunity employer.
(c) The YMCA will include the provisions of the foregoing subsections (a) and (b) in
every contract or purchase order of over ten thousand dollars and no cents ($10,000.00) so that the
provisions will be binding upon each contractor or vendor.
9. Drug-free workplace: During the performance of this Lease, the YMCA shall: (i)
provide a drug-free workplace for the YMCA's employees; (ii) post in conspicuous places, available
to employees and applicants for employment, a statement notifying employees that the unlawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or
marijuana is prohibited in the YMCA's workplace and specifying the actions that will be taken
against employees for violations of such prohibition; (iii) state in all solicitations or advertisements
for employees placed by or on behalf of the YMCA that the YMCA maintains a drug-free workplace;
and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of
over ten thousand dollars and no cents ($10,000.00) so that the provisions will be binding upon each
subcontractor or vendor. For the purpose of this section, "drug-free workplace" means a site for the
performance of work done in connection with this Lease.
10. Faith-based organizations: Pursuant to ~2.2-4343.1 of the Code of Virginia (1950). as
amended, the Citv of Roanoke does not discriminate against faith-based organizations.
11. Negotiation: This Lease has been fully negotiated by and between the parties and
shall be construed as if both parties had an equal responsibility in the drafting hereof.
12. Termination: If a party defaults in its obligations under this Lease, the other party
may terminate the Lease if the defaulting party has failed to correct such default within 30 days after
receiving written notice of the default.
13. Right of Entry: The City and its agents shall be entitled to enter upon the Leased
Property at any reasonable time for any reasonable purpose.
14. Regulations: The YMCA shall fully comply with all local, state, and federal
ordinances, laws, and regulations.
4
12/08103
15. Entire Lease: This Lease represents the entire integrated Lease between the parties
and supersedes all prior negotiations, representations or agreements, either written or oral.
16. No Waiver of Terms of Lease: No failure of any party to insist upon strict
observance of any provision of this Lease, and no custom or practice of the parties at variance with
the terms hereof, shall be deemed a waiver of any provision of this Lease in any instance.
17. Notice: Any notice, request, or demand given or required to be given under this Lease
shall, except as otherwise expressly provided herein, be in writing and shall be deemed duly given
only if delivered personally or sent by certified mail, return receipt requested to the addresses stated
below.
To the City:
City Manager
Room 364, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 240 II
cc:
Director of Economic Development
III Franklin Plaza
Suite 200
Roanoke, Virginia 24011
To the YMCA:
Cal Johnson, Executive Director
YMCA of Roanoke Valley, Inc.
425 Church Avenue, S.W.
Roanoke, Virginia 24016
18. Assignment: The City may assign this Lease with the consent of the YMCA, which
consent shall not be reasonably withheld.
19. Relationship to Other Parties: It is not intended by any of the provisions of any part of
this Lease to confer a benefit upon any other person or entity not a party to this Lease or to authorize
any person or entity not a party to this Lease to maintain a suit pursuant to the terms or provisions of
this Lease, including, without limitation, any claim or suit for personal injuries, property damage or
loss of profits or expenses.
20.
parties.
Amendment: This Lease shall be amended only with the written agreement of both
21. Assignment of Leasehold Interest: The City consents to the assignment of the
YMCA's interest pursuant to the terms of that certain Agreement to Assign Leasehold Interest, dated
the date hereof and attached hereto as Exhibit A and incorporated herein, by which SunTrust Bank,
or its assignee, may be substituted for the YMCA with all rights, privileges, and obligations of the
YMCA hereunder, subject to the requirement that in the event that any assignee thereunder does not
5
12/08/03
operate the facility as a YMCA, then the rental amount shall be adjusted to be equal to the parking
rental rate then being offered by the City to other for-profit entities.
IN WITNESS WHEREOF, the parties hereto have executed the same as of the day and year
first hereinabove written:
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By
Darlene L. Burcham,
City Manager
ATTEST:
YMCA OF ROANOKE VALLEY, INC.
By By
Secretary President
Approved as to Form: Approved as to Execution:
Assistant City Attorney Assistant City Attorney
6 12/08/03
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
I18T1CE Of PUlllUfAlIHI
REFERENCE, 80023382
02260443
Lease of City-owned
The CIty of Roa.noke proposes
to Ie~ City-owned property
Identified as Ol'ftcllll Tax Nos.
1113408, 1113409,
1113410, 1113411,
1113412 IIn~ 1113413,
lOcated In the 500 block of
ChUfdl Avenue, S.W., and om-
clal Tax Nos. 1011208,
! 1011209 and 1011210,
. located In the 400 block of
Olureh Avenue, S.W., when
they becomeptoperty belong-
Ing to the ctty pursuant to an
Agreement dated December
24, 2002, betWlNn the CIty
and the YMCA of Roanoke VIII-
ley, Inc., to the YMCA of
Roanoke Valley, Inc., for II,
tenn beglnnlnS. on Auem. 1;
2004, and terminating
December 1, 2005, subject to
IIn aurom~ ~~ 00 II
month to month b8S1s.
State of Virginia
City of Roanoke
I, (the undersigned) an authori zed 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,
Pursull'rt to the I'8qUlraments
of H15_2-18OO and 1813,
Code of Viql\nlIl (1950), all
amended, notice 1& hereby
~ that the CII;y eouncll of
the City of Roanoke wtn Mtd II
publlctJeaFlngon the above
matttr at Its .,..... meeting
to be held on o-mber 15,
2003, commencing lit 7;00
p.m.,.tlthGCoui1oI~rs
of the Noel C.,~ MunIcipal
Bvfldlrtg, 1oc::llte:d It 215
Church Avenua, , S.W..
Roanoke, Vlrglnll 240U.
City/County of Roanoke, Commonwealth/State of
Vir:~a. Sworn and subscribed before me this
__l~~;day of December 2003. Witness my hand and
offlcial seal.
~~t!t'/~L.. it..:., , .
__ ~. ~~_ Notary Public
My/com sio e ires ~..31T-2....~J__.
Citizens Shall have t!)eo
--'- .
opportunity to be heard and
I express their oplnloftson said
.....,.
If you are a person with a dis-
ability who needs accommoda-
tions for this tleerIng. pleue
contact the City CIerk's OfFIce
(853-2541), before 12:00
noon on Thurs9y, December
11,2003. '
GIVEN under. my hand this
18thdliyof~,2003.
MaryF.Pa~,CityClerk
12260443}
?lJELISHED a.N:
12/05
TOTl'.L ,COST,
FILED ON:
154.24
12/10/03
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~~~~~~~;:~___~_~__~---------, Billing Services Representative
(.
sf, ~"J
,~
~~
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to lease City-owned property identified as Official Tax Nos.
1113408, 1113409, 1113410, 1113411, 1113412 and 1113413, located in the 500 block of Church
Avenue, S.W., and Official Tax Nos. 1011206, 1011209 and 1011210, located in the 400 block of
Church Avenue, S. W., when they become property belonging to the City pursuant to an Agreement
dated December 24, 2002, between the City and the YMCA of Roanoke Valley, Inc., to the YMCA
of Roanoke Valley, Inc., for a term beginning on August 1,2004, and terminating December I, 2005,
subject to an automatic renewal on a month to month basis.
Pursuant to the requirements ofSSI5.2-1800 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 December 15, 2003, commencing at 7:00p.m., in
the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue,
S.W., Roanoke, Virginia 24011.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, December 11,2003.
GWEN under my hand this 18th day of November
,2003.
Mary F. Parker, City Clerk.
H:INOTICES\NL- YMCACHURCHA VE121503.DOC
Notice to Publisher:
Publish in the Roanoke Times once on Friday, December 5,2003.
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
December 18, 2003
File #166-373
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36584-121503 authorizing the City Manager to enter
into a lease extension agreement between the City and The Hertz Corporation for use of
an 87,120 square foot parcel of City-owned land at 1302 Municipal Road, N. W., for
operation of an automobile rental establishment, upon certain terms and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003, and is in full force and
effect upon its passage.
MFP:ew
Sii' AA.-y J. ~
Mary F. Parker, CMC
City Clerk
Attachment
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director, Economic Development
Sherman M. Stovall, Acting Director of Management and Budget
Dana D. Long, Manager, Billings and Collections
Scott A. Pflueger, Director, Properties, The Hertz Corporation,
225 Brae Boulevard, Park Ridge, New Jersey 07656
~:~
'fJ
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36584-121503.
AN ORDINANCE authorizing the proper City officials to enter into a lease extension
agreement between the City and The Hertz Corporation for use of an 87,120 square foot parcel of
City-owned land at 1302 Municipal Road, N.W., for the operation of an automobile rental
establishment, upon certain terms and conditions, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a lease
extension agreement with The Hertz Corporation for use ofan 87,120 square foot parcel of City-
owned land at 1302 Municipal Road, N.W., for such corporation's operation ofan automobile rental
establishment, for a term of five (5) years, beginning December 1, 2003, and ending November 30,
2008, at a total lease fee of$138,430 over the five-year period, as more particularly described in the
City Manager's letter to this Council dated December 15, 2003.
2. Pursuant to Section 12 of the City Charter, the second reading ofthis ordinance by
title is hereby dispensed with.
ATTEST:
City Clerk.
H:\ORDINANCESIO-HERTZ121503.WPD
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
December 15, 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
Background:
The Hertz Corporation currently leases approximately 87,120 square feet of city-owned
property identified as tax map number 6640123, commonly known as 1302 Municipal Road,
N.W., Roanoke, Virginia, for the purposes of operating an automobile rental establishment.
Hertz began leasing this parcel from the city of Roanoke in 1968. The current lease
agreement expired November 30, 2003.
The Hertz Corporation has requested an extension of the current lease agreement for an
additional five year period, beginning December 1, 2003 through November 30, 2008. The
extension agreement will be substantially similar to the attached agreement. The proposed
agreement establishes a rate of $26,600 for the first year with an increase of 2% each year
thereafter. The annual rental, which will be paid in monthly installments, shall be as follows:
Dec. 1, 2003 - Nov. 30, 2004 $26,600 ($2,166.67 per month)
Dec. 1, 2004 - Nov. 30, 2005 $27,132 ($2,261.00 per month)
Dec. 1, 2005 - Nov. 30, 2006 $27,675 ($2,306.25 per month)
Dec. 1,2006 Nov. 30, 2007 $28,229 ($2,352.42 per month)
Dec. 1, 2007 - Nov. 30, 2008 $28,794 ($2,399.50 per month)
Mayor Smith and Members of City Council
December 15, 2003
Page 2
Recommended Action:
Following the public hearing, authorize the City Manager to execute a lease extension
agreement with The Hertz Corporation for approximately 87,120 square feet of city-owned
property located at 1302 Municipal Road, NW., Roanoke, Virginia for a period of five years,
beginning December 1, 2003 and expiring November 30, 20008.
DLB:slm
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sherman A. Stovall, Acting Director of Management and Budget
Dana Long, Manager of Billings and Collections
Scott L. Motley, Economic Development Specialist
CM03-00235
SECOND LEASE EXTENSION AGREEMENT
THIS SECOND EXTENSION AGREEMENT is entered into as of the _ day of
,2003.
WHEREAS, by Lease Agreement dated December I, 1993 ("Lease Agreement")
between the CITY OF ROANOKE, VIRGINIA ("City") and THE HERTZ
CORPORATION ("HERTZ"), the City agreed to lease to Hertz and Hertz agreed to lease
from the City a 2.0-acre parcel of City-owned land located at 1302 Municipal Road, N.W., for
Hertz's maintenance, servicing and storage facilities;
WHEREAS, the Lease Agreement was subsequently extended for an additional five
year term pursuant to a First Extension Agreement entered into on June 25, 1999; and
WHEREAS, the Lease Agreement was subsequently amended to delete 800 square feet
of area from the Lease Agreement's coverage, pursuant to a Lease Amendment entered into on
,2003; and
WHEREAS, Roanoke City Council has authorized the execution of this Agreement by
the appropriate City officials by Ordinance No. , adopted on , 2003,
following a public hearing required pursuant to 9 15-2-1800(B) and 1813 of the Code of
Virginia (1950), as amended, upon certain terms and conditions.
THEREFORE, IN CONSIDERA nON of the above premises, and mutual covenants
and promises hereinafter contained, City and Hertz hereby mutually agree as follows:
I. The Lease Agreement is hereby extended for an additional five (5) year term
from December 1,2003 through November 30,2008.
I
2. The Lease Agreement shall be amended to provide that following annual rental,
payable monthly in advance, and shall be as follows:
Dec. 1,2003 - Nov. 30, 2004 $26,600 ($2,166.67 per month)
Dec. 1,2004 - Nov. 30, 2005 $27,132 ($2,261.00 per month)
Dec. 1,2005 - Nov. 30, 2006 $27,675 ($2,306.25 per month)
Dec. 1,2006 - Nov. 30, 2007 $28,229 ($2,352.42 per month)
Dec. 1,2007 - Nov. 30, 2008 $28,794 ($2,399.50 per month)
3. Except as changed or modified herein, the conditions, terms and obligations of
the Lease Agreement remain in full force and effect as if fully stated herein.
IN WITNESS WHEREOF, the parties hereto have executed this Second
Extension Agreement as of the day and year hereinabove written.
ATTEST:
CITY OF ROANOKE, VIRGINIA
Name:
Its City Manager
THE HERTZ CORPORATION
Name: Simon Ellis
Its Vice President, Properties and Concessions
2
COMMONWEALTH OF VIRGINIA
~
~ To-wit:
~
CITY OF ROANOKE
The foregoing instrument was acknowledged before me this _ day of
,2003, by , City Manager of the City of Roanoke,
for and on behalf of said municipal corporation.
My Commission expires on:
Notary Public
STATE OF NEW JERSEY
~
~ To-wit:
~
COUNTY OF BERGEN
The foregoing instrument was acknowledged before me this _ day of
,2003, by Simon Ellis, the Vice President, Properties and Concessions of The
Hertz Corporation, for and on behalf of said corporation.
My Commission expires on:
Notary Public
[SEAL]
Approved as to Form
Approved as to Execution
Assistant City Attorney
Assistant City Attomey
G:\BOB HWRPORTS\Roanoke, V A second extension agrnt.doc
3
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
1'.'
r:"
(i
,
,
r-,
REFERENCE: 80023382
02267483
The Hertz Corp.
,
, IfGTlCE UF~ HWlIfC
The Cltygfl;;.......a proposes
to extend 'ttT;'t;;. of an
87,120 square foot parcel of
tand located at 1302 MunlClI.
pal Road, N.W., to The Herb:'
Cqrp0t'8tfon, for a pel10d of
flve (5) years.
State of Virginia
City of Roanoke
Pursuant to the requlrvments
of U15.2-18OO(B) and 1813,
Code of V11J1n18 {1950}, a8
amended, notice Is hereby
given that the City Coonell of
the CIty of Roanoke wm hold a
public" heal1ng on the above
matter at Its regular meeting
to be held on December 15,
2003, commencIng at 7:00
p.m., In the Council Cham-
bers, 4th Floor, Noel C. Taylor
I MunJclpal Building, 215
Church Avenue, S.W.,
Roanoke, V1lJ1nia. A ~ of
the Propoeed Lease 1$ avall.
able from the omce of the CIty
C1lHk for ~ C~of Roanoke
at (540) 8SS.254!.
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:
Citizen, shall have the"oppor_
tunltyto be heard and exprwss
.
thelroplnlonson881dmatt8r.
City/County of Roanoke, Commonwealth/State of
VifJ~. Sworn and subscribed before me this
__~~;day of December 2003. Witness my hand and
off1cial seal.
~.~
--- ~ __ Notar Public
My lommiS~ e p1 s ~A "JJT2f2Q2____.
If you area personwIttJ adls-
al)11~ who naedI acoommoda.
tlOllS for thll heaflf'l&, please
contact the CIty Clerk', 9fTloe
I at 8SS-2541 before 12:00
noon on Thursday, December
11,2003.
GIVEN under my hand this
24th dey of Novembel'; 2003.
MaIYF.Parker, City Clerk.
(2267483)
PUBI.lISHED ON:
12/05
TOTAL COST:
FILED ON:
120.50
12/10/03
--------------------------------------------------+---------------------------
~~:~~~~;:~---~~--~----------, Billing Services Representative
"
, r l
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to extend the lease ofan 87,120 square foot parcel ofland
located at 1302 Municipal Road, N.W., to The Hertz Corporation, for a period offive (5) years.
Pursuant to the requirements of SSI5.2-1800(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 December 15,2003, 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 proposed 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, December II, 2003.
GWEN under my hand this 24th day of November ,2003.
Mary F. Parker, City Clerk.
Notice to Publisher:
Publish in the Roanoke Times once on Friday, December 5, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 2401 I
(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
December 18, 2003
File #28-27-166
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 36585-121503 authorizing vacation and relocation
of a portion of a sanitary sewer and drainage easement across Official Tax No. 1070605,
located on Wildwood Road, S. W., and across a portion of the adjoining parcel identified
as Official Tax NO.1 070603, and authorizing acceptance and dedication of a new sanitary
sewer and drainage easement across a portion of the same properties, upon certain terms
and conditions.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 2003.
MFP:ew
S~'''-'<r j. fL-
Mary F. Parker, CMC
City Clerk
Enclosure
Darlene L. Burcham
December 18, 2003
Page 2
pc: Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Jt-~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 2003.
No. 36585-121503.
AN ORDINANCE authorizing the vacation and relocation of a portion of a sanitary
sewer and drainage easement across Tax Map No. 1070605, located on Wildwood Road,
S.W., and across a portion of the adjoining parcel identified as 1070603, authorizing the
acceptance and dedication of a new sanitary sewer and drainage easement across a portion of
the same properties, upon certain terms and conditions, and dispensing with the second
reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, appropriate documentation providing for
the vacation of a portion of an existing sanitary sewer and drainage easement across Tax Map
No. 1070605, located on Wildwood Road, S.W., and across a portion of the adjoining parcel
identified as 1070603, as more particularly described in the City Manager's letter to this
Council dated December 15,2003.
2. The City Manager and City Clerk are authorized to execute and attest,
respectively, in form approved by the City Attorney, appropriate documentation providing for
the acceptance and dedication of a new sanitary sewer and drainage easement, across Tax
Map No. 1070605, located on Wildwood Road, S.W., and across a portion ofthe adjoining
parcel identified as 1070603, as more particularly described in the City Manager's letter to
0- W ildwoodRd( v.catee.sement) I 2 I 503
this Council dated December 15, 2003.
3. The City Attorney is authorized to record the appropriate documentation
providing for acceptance and dedication of a new sanitary sewer and drainage easement
across Tax Map No. 1070605, and across a portion of the adjoining parcel identified as
1070603, as more particularly described in the City Manager's letter to this Council dated
December 15, 2003.
4. Vacation of the aforementioned easements is made expressly contingent on all
of the property owners involved dedicating the new easements to the City of Roanoke.
5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance
by title is hereby dispensed with.
ATTEST:
City Clerk.
0- w ildwoodRd( vacateeasement) I 21503
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
December 15, 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:
Vacation and Dedication of Sewer &
Drainage Easements - Wildwood Road, SW
Tax Map No. 1070605
Robert H. Kulp, Jr., and G. Baker Ellett, owners of property located on Wildwood Road, SW,
identified by Tax Map No. 1070605, have requested that the City vacate portions of sanitary sewer
and drainage easements that interfere with the development of that parcel. The owners propose to
relocate the existing utilities and easements and are willing to dedicate to the City alternate
easements for the new alignment.
Council previously authorized the vacation and relocation of existing easements and the
acceptance and dedication of new easements on this property for developmental purposes in
January 2003. An easement was recorded which vacated the old easements and dedicated the
new easements to the City. Subsequent to Council's actions and the recordation of the relevant
documents, it was discovered by the owners of the property that the proposed structure to be
developed on the property would encroach on a portion of the relocated easements.
The plats have been reviewed by and are acceptable to the City Engineer. See Attachment #1 for
plat showing the portion of the existing easements to be vacated and the easements to be
dedicated. In addition, the owner of the adjacent parcel shown as Lot 3A, June W. Camper, upon
which a portion of the relocated easements will encroach, has agreed to dedicate the proposed
easement on her parcel.
Recommended Action(s):
Following a public hearing, authorize the City Manager to execute the appropriate documents
vacating a portion of the existing easements and accepting the new easements. The property
Mayor Smith and Members of City Council
December 15, 2003
Page 2
owner will be responsible for preparation of all necessary documents, approved as to form by the
City Attorney, and for all expenses associated with relocating any existing utilities.
ReRpectfully submitted,
~ r
/ ,- ) ,
. \.. .-
c/o, LU~~<.~L._-nJ
Darlene L. Burcham
City Manager
DLB/SEF
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Stephen W. Lemon, Martin, Hopkins & Lemon, P.C.
#CM03-00232
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The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+-------------~-------------
c'
,
(I
ROANOKE CITY CLERK'S
215 CHURCH AVE. RM 456
ATT: MARY PARKER, CL
ROANOKE VA 24011
I".
r,
REFERENCE: 80023382
02267465
Wildwood Rd.
NonCE OFIifueuc HWINe
Incooo~.wIththedevel_
Qpm8nt of a parcel on privately
owned property located on,
Wildwood AGed, S.W., and
identified by Roanoke CIty Tax
Map No. 1070805, the CIty of
Roanoke PI'OPOIt\S to lIacete
portlOl\5 ofsanltery sewer and
drall'\ll&8 e_mentBthElt Inter-
fare with the' deIIelopment of
the parcel In eJWhange for
such easements to be relo-
cated and dedicated to tne
CIty of RoanolW.
State of Virginia
City of Roanoke
Pursulllnt to the requirements
of !S15.2-1800(B), 1813,
Code of Virginia (1950), as
amended, notice II hereb~
given that the City Council 01
the CIty of Roanoke will hold e
puDllc hurlng on the abovE'
matter at Its"lerrneetl~
to be held onMondey, Decem-
ber 15, 2003, commencing at
7:00 p.m., in the Council
Chambers, 4th Floor, Noel C.
Taylor Municipal Building. 215
Church Allenue, S.W.,
Roanoke, virginia, 24011. Fur-
ther Information Is 8118Wable
from the Office of the City
Clerk for the City of - Roanoke
at (540) 85302541.
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
Vif~~a- Sworn and subscribed before me this
_~___day of December 2003. Witness my hand and
off~cial seal.
~. .
~ J?t.<..NVL. lAo, ...... Notar'j:.....public
My/commi;sio~J~~~Lrt(U)~L-----.
CItizens shall have the oppor-
tunityto be heard and 8Xpf'eSS
their opinions on Slid matter.
tfyou ara a person with a dls-
ability who needs fCCQmmoda-
tlonsforthlshearlng.please
contact the CIty Clerk's Offlce
at, (540) 853-2541, befall!
12:00 noon on Thursday,
December 11, 2003.
GIVEN under my hand thil 2m
day of December, 2003.
MaryF. Parker, Cfty Cierk
(2267485)
PUBLISHED ON:
12/05
TOTAL COST:
FILED ON:
137.37
12/10/03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - --
~~:~~~~;:~--~_~_~_________, Billing Services Representative
v~c
.
NOTICE OF PUBLIC HEARING
In connection with the development of a parcel on privately owned property located on
Wildwood Road, S.W., and identified by Roanoke City Tax Map No. 1070605, the City of Roanoke
proposes to vacate portions of sanitary sewer and drainage easements that interfere with the
development of the parcel in exchange for such easements to be relocated and dedicated to the City
of Roanoke.
Pursuant to the requirements of!l!l15.2-1800(B), 1813, Code of Virginia (1950), as amended,
notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the
above matter at its regular meeting to be held on Monday, December 15, 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, 24011. Further information is available from the Office ofthe City Clerk
for the City of Roanoke at (540) 853-2541.
Citizens shall have the opportunity to be heard and express their opinions on said matter.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, December 11,
2003.
GIVEN under my hand this ~day of December
,2003.
Mary F. Parker, City Clerk.
H\r-;OTlCES\N- V ACA TIONOFEASEMENT -W1LDWQODROAD121503.DOC
..
Notice to Publisher:
Publish in the Roanoke Times once on Friday, December 5, 2003.
Send bill and affidavit to:
Mary F. Parker, City Clerk
215 Church Avenue, S. W.
Roanoke, Virginia 240 I I
(540) 853-2541
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church A venue, S. W., Room 456
Roanoke, Virginia 2401 1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@cLroanoke.va.us
STEPHANIE M. MOON
Depnty City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 22, 2003
Mr. Lewis R. Burger
111 Jamestown Road
Rocky Mount, Virginia 24151
Dear Mr. Burger:
Your petition appealing a decision of the Architectural Review Board for a Certificate of
Appropriateness with regard to property located at 802 Marshall Avenue, S. W., was before
the Council of the City of Roanoke at a regular meeting which was held on Monday,
December 15, 2003.
Based on evidence, testimony and documents, Council voted to affirm the decision of the
City of Roanoke Architectural Review Board on October 9, 2003, that no Certificate of
Appropriateness be issued for the installation of siding and windows at 802 Marshall
Avenue, S. W., as set forth in the Petition of Appeal, on the grounds that the proposed
installation would not maintain the architectural defining features of the building.
~~
Mary F. Parker, CMC
City Clerk
;L
Sincerely,
MFP:ew
Lewis R. Burger
December 22,2003
Page 2
pc: Valerie Eagle, President, Old Southwest, 1225 3rd Street, S. W., Roanoke, Virginia
24016
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Rolanda B. Russell, Assistant City Manager for Community Development
R. Brian Townsend, Director, Planning, Building and Development
Martha P. Franklin, Secretary, Architectural Review Board
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
November 3, 2003
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
I am enclosing copy of a Petition for Appeal filed by Lewis R. Burger, Burger & Son, Inc.,
in connection with a decision of the Architectural Review Board to deny issuance of a
Certificate of Appropriateness, with regard to property located at 802 Marshall
Avenue, S. W. The petition was filed in the City Clerk's Office on Monday,
November 3, 2003.
Section 36.1-642, Review Procedure, Code of the City of Roanoke (1979), as amended,
provides that any property owner aggrieved by any decision of the Architectural Review
Board may present to the City Council a petition appealing such decision, provided such
petition is filed within 30 days after the decision is rendered by the Board. The Council
shall schedule a public meeting and render a decision on the matter within 60 calendar
days of receipt of the petition. Council may reverse or modify the decision of the
Architectural Review Board, in whole or in part, or it may refer the matter back to the Board
or affirm the decision of the Board.
With the concurrence of Council, I will include the Petition for Appeal on the Monday,
December 15, 2003, 7:00 p.m., City Council agenda.
With kindest regards, I am
Sincerely, /)
^ ~ :I r~4.~
Mary F. Parker, CMC
City Clerk
MFP:ew
N:\CKEW1\public hearings 03\november 2003\Lewis Burger petition for appeal arb2003.wpd
The Honorable Mayor and Members
of the Roanoke City Council
November 3, 2003
Page 2
Enclosure
pc: Lewis R. Burger, 111 Jamestown Road, Rocky Mount, Virginia 24151
Valerie Eagle, President, Old Southwest, Inc., 1225 3rd Street, S. W., Roanoke,
Virginia 24016
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Rolanda B. Russell, Assistant City Manager for Community Development
Robert B. Townsend, Director, Planning, Building and Development
Martha P. Franklin, Secretary, Architectural Review Board
N:\CKEW1\pubfic hearings 03\november 2003\Lewis Burger petition for appeal arb2003.wpd
8.
9.
VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
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!.-L.:::.!",,;,_ \)..~: :-'LV ~.i..:i r:.':l-:!r::..,..(.
PETITION FOR- APPEAL
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City
of Roanoke (1979), as amended.
1.
NameofPetitioner(s): /"EW/S !? 8c(I<fJ{./7-
Doing business as (if applicable): /3l{ ~ hER ci. ..&mar/' _ '
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Street addre s of property hich is the subject of this appeal: g () J.,
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2.
3.
4.
Overlay zoning (H-1, Historic District, or H-2, Neighborhood Preservation
District) of property(ies) which is the subject of this appeal: I-I-:J,
5.
Date the hearing before the Architectural Revjew Board was held at which
the decision being appealed was made: / (J - 9 - (J 3
6.
Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.1-327 if H-1 or Section 36.1-345 if H-2):
7.
Description of the request for which the Certificate of Appropriateness was
sought from he Architectural Review Board: r;- Lt:/ CEM (' AI T
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Groundsforappe~ ~ ~/l1lS hi r?t~~7v:/I/E
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Name, title, address and telephone number of person(s) who will
represent the Petitioner(s) before City council:!Jw f< f? aR;;?Il.
///.lJiA/Y{Fr~fA',J,IU /<t7C~/JI/ i/4 .~_2"
483-f768
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Signature of Petitioner(s) or
representative(s), where
applicable:
!Pbk'~ Y2~~v4,
Name:jf"V;,J R CaR6F'P
(print or'type)
Name:
(print or type)
Name:
Name:
(print or type)
(print or type)
------------------------------------------------------------------------------------------------------------
TO BE COMPLETED BY CITY CLERK:
Received by:
H~C&L
ate: 7fJ(P,t0/l.- 3? ;)..00.3
City of Roanoke - GIS
Page I of3
Print Report I Close Window
GIS by I~rr~loqic.lnc.
Property Information Card for: BURGER LEWIS RUSSELL
1111 JAMESTOWN RD
ROCKY MOUNT VA 24151
BUILDING PERMITS
View Permits
Images
Sketches
Sketch 1
OWNER/LEGAL INFORMATION
Tax Number
Property Address
Legal Description
Owner Name
Owner Address
1120116
602 MARSHAll A V SW
PT lOT 1 BlK 2 R H FISHBURN
BURGER lEWIS RUSSEll
1111 JAMESTOWN RD
ROCKY MOUNT VA 24151
171
0,00000
300-Multifamily
Neighborhood Number
Census Tract
Property Use
ASSESSMENT INFORMATION
Assessment History
Land Assessment
Improvements
01/01/2003
$5,500.00
$29,200,00
http://gis.roanokegov.comlrptDetailAll.cfm?mapno= 1120 116
&mapFn=mke J.. 11/5/2003
----. .---.-----.-.-...
- .~~..,... .....
.
.
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011- J 536
Telephone: (540) 853.2S41
Fax: (540) 853.1145
E~mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
MARY F. PARKER, CMC
City Clerk
August 20, 2003
File #249
Dana A. Walker
General Manager
H & W Properties, L.L.C.
213 Jefferson Street, S. W., #1007
Roanoke, Virginia 24011
Dear Mr. Walker:
Your petition appealing a decision of the Architectural Review Board for a Certificate of
Appropriateness with regard to property located at 702 Marshall Avenue, S. W., was before
the Council of the City of Roanoke at a regular meeting which was held on Monday, August
18,2003.
Based upon evidence, testimony and documents, Council voted to affirm the decision of
the City of Roanoke Architectural Review Board on July 10, 2003, that no Certificate of
Appropriateness be issued forthe installation of siding, corner boards, and window facings
at 702 Marshall Avenue, S. W., as set forth in the Petition of Appeal, on the grounds that
the proposed installation would not maintain the architectural defining features of the
building.
Sincerely,
!:itiRfj._.: Yn. rYy~
Stephanie M. Moon
Deputy City Clerk
SMM:ew
U.\6............o..."'I',.."....1. ?nrI"'..............................,.."...
~...~ ~.....,-..
Dana B. Walker
August 25, 2003
Page 2
pc: Valerie Eagle, President, Old Southwest, Inc., 1225 3'd Street, S, W., Roanoke,
Virginia 24016
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Rolanda B. Russell, Assistant City Manager for Community Development
R. Brian Townsend, Director, Planning, Building and Development
Martha P. Franklin, Secretary, Architectural Review Board
H:\AQenca.03\Augvst 18, 2003 oorrelpondellce.wPd
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@ci.roanoke.va.us
Architectural Review Huard
Board of Zunin!!; Appeals
Planninl!; Commission
December 15, 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:
Lewis Russell Burger Appeal of
Architectural Review Board Decision
of the Application of Vinyl Siding at
802 Marshall Avenue, SW.
Background:
The structure at 802 Marshall Avenue, SW., built in 1912 and containing two
dwelling units, has a long history of code enforcement issues. Upon investigation
by staff, it was determined that the structure was condemned after Mr. Burger
purchased it in 1986. In 1994, code enforcement action was taken on the
structure against Mr. Burger and the co-owner at that time, Margaret Wade, to fix
the foundation, porch piers, siding, gutters, downspouts, porch decking, rails,
columns, and electrical. Also in 1994, a fire damaged the structure, but Ms.
Wade was granted a Certificate of Appropriateness to replace the standing-seam
metal on the roofs with asphalt shingles. However, in July, 1995, a criminal
complaint was issued to Ms. Wade for failing to fix the fire damage to the front
porch. The work was subsequently completed, and the complaint dismissed in
September, 1995
In 1999, Mr. Burger obtained sole ownership of the property. That same year, the
property was condemned and ordered to be vacated and secured. Code officials
cited problems with exterior walls, roof, peeling paint, doors, soffits, gutters and
downspouts, trash, lack of heat, insect infestation, and standing sewage in the
basement. Code officials met with Mr. Burger in March and April, 2001, as he
initiated repairs to the structure. Three months later on July 16, 2001, a
Certificate of Compliance was granted from the Rental Inspection Program for
the lower unit only. There were still outstanding code compliance issues with the
rest of the building. A year later, on July 16, 2002, the remainder of the work was
completed.
In May, 2003, it was observed that vinyl siding was being applied to the front
porch of the structure at 802 Marshall Avenue, SW., which is within the H-2,
Neighborhood Preservation district. Staff from the City, including Ms. Anne
Beckett, Architectural Review Board (ARB) Agent, and code enforcement
inspector, Mr. Nicholas Craig, visited the property on May 14, 2003 and spoke
with Mr. Burger while he was applying vinyl siding to the entablature of the front
porch roof. He had already covered the house with vinyl siding and replaced the
wood windows with vinyl replacement windows. They requested that he stop
work on the property and apply for a Certificate of Appropriateness for the work
already completed. Mr. Burger refused to stop work and stated that he was
"grandfathered in" because he owned the house prior to the historic district being
established, Ms. Beckett advised him that the work needed to comply with the
Historic District guidelines, and if he refused to obtain a Certificate, that he would
be in violation of the zoning ordinance and be summoned to General District
Court. Mr. Burger continued to apply vinyl siding and a summons was issued for
his appearance in General District Court.
Mr. Burger appeared in General District Court on September 4, 2003. The Court
continued the matter so that Mr. Burger could submit an application for a
Certificate of Appropriateness for review by the Architectural Review Board at
their October meeting. On October 9, 2003, the Architectural Review Board
(ARB) considered the application (See Minutes: Attachment A). Mr. Burger
stated that the vinyl had been installed three years ago. Photographs show
some of the wood siding still visible on the house. One of the photographs is from
the City of Roanoke's GIS inventory and the other one was taken by a resident in
August, 2002. These photographs denote the historic wood siding and some trim
details. The wood siding did not appear in poor condition. The photograph also
depicts decorative features that have since been covered by synthetic material
with no attempt to emulate them.
During the October, 2003 ARB meeting, Board members and staff were
concerned that the vinyl siding had not been installed properly and that the
windows were replaced with new vinyl windows that did not match the original
windows, nor was the trim retained. Furthermore, virtually every element of the
house had been covered with vinyl. ARB member, Don Harwood, suggested
three specific actions the applicant could undertake that might make the vinyl
siding more compatible.
Mr. Robert Richert, ARB Chairman, advised Mr. Burger if the Board denied his
application that he could work with staff and other Board members to come back
with another substantially different proposal. Mr. Burger requested that the Board
proceed with the vote. The motion to approve the application failed by a 0-7
vote. Mr. Burger was formally notified of the denial and of his right to appeal to
2
City Council by letter dated October 10, 2003. He filed an appeal on November 3,
2003 (Attachment B).
On November 6, 2003, Mr. Burger appeared again in General District Court as
scheduled. He stated that he was appealing the ARB's decision, and the court
asked him to return on December 18, 2003 for further considerations of the case.
Immediately following the November 6th court appearance, Mr. Burger
approached Ms. Beckett with the possibility of working on a design solution for
the ARB in lieu of his City Council appeal. Ms. Beckett agreed to work with Mr.
Burger, but after several follow-up phone calls, Mr. Burger decided to proceed
with his appeal to City Council.
Considerations:
Section 36.1-345(a) of the Zoning Ordinance provides:
"In order to encourage the preservation and enhancement of the district and
encourage the rehabilitation and new construction in conformance with the
existing scale and character of the district, the architectural review board
shall review and approve the erection of new buildings or structures,
including signs, the demolition, moving, reconstruction, alteration or
restoration, of existing structures and buildings, including the installation or
replacement of siding, or reduction in their floor area, including the
enclosure or removal of a porch. No such erection, demolition, moving,
reconstruction, alteration, restoration, or enlargement or reduction of a
structure, or building, shall be undertaken without the issuance of a
certificate of appropriateness by the board, unless otherwise specified
herein." (emphasis added).
The H-2 Architectural Design Guidelines adopted by the ARB and endorsed by
City Council state that historic wood siding is a distinctive feature of many
Roanoke residences and that changing or covering siding can often alter or
destroy the authentic character of a building. The guidelines further recommend
the following be considered when installing vinyl siding:
· Do not replace sound historic siding with new materials to achieve an
"improved" appearance.
· Historic wood siding is a distinctive feature that helps to define the visual
characteristics of a building.
· Both new and historic siding requires periodic maintenance to give a
building proper weather protection.
· Retain existing siding: Identify and keep the original exterior siding
materials as well as any unique siding.
3
Two matters involving the application of vinyl siding have recently been appealed
to City Council. In November 1998, the ARB denied a request to apply vinyl soffit
material on a house at 601 Allison Avenue. The decision was appealed to City
Council, which overturned the ARB's decision on January 19, 1999.
The latest appeal to City Council was a series of events that occurred during the
summer of 2003, when Mr. Dana Walker of H & W Properties, LLC, twice
appealed the ARB's decision to deny his application of vinyl siding to his rental
property at 702 Marshall Avenue, SW. His initial request was denied by the ARB
at their May 8, 2003 meeting because the vinyl siding did not maintain the
architecturally defining features of the house. Due to a lack of gutters and
downspouts, the house also suffered from moisture damage, which the Board
believed that the application of vinyl siding would have exacerbated. Mr. Walker
appealed the Board's decision to the June 21, 2003 City Council hearing, where
Council requested that Mr. Walker present a new application to the Board. The
ARB unanimously denied the revised application at their July 10, 2003 meeting.
Mr. Walker once again appealed to City Council, which unanimously upheld the
ARB's decision at their August 18, 2003 hearing. The vinyl siding that had been
applied to the house was subsequently removed.
Since January 2001, the ARB has approved four applications for vinyl siding.
Numerous other projects have been approved administratively. With these
projects, the applicant provided sufficient detail and proposed to apply the
materials in a manner that preserved the character and architecturally defining
features of the house.
Recommendation:
The Architectural Review Board recommends that City Council affirm the ARB's
decision to deny the issuance of a Certificate of Appropriateness for the
installation of vinyl siding on the grounds that the installation of the vinyl siding
does not maintain the architectural defining features of the building and is not
appropriate.
S7;pJ (2l1
Robert N. Richert, Chairman
Architectural Review Board
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Director, Planning Building and Development
Anne S. Beckett, Agent, Architectural Review Board
4
ATTACHMENT A
CITY OF ROANOKE
ARCHITECTURAL REVIEW BOARD
MINUTES
October 9, 2003
The regular meeting of the Architectural Review Board was held on Thursday,
October 9, 2003, in the City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building. The meeting was called to order at 4:03 p.m., by Robert
Richert, chairman. Attendance was as follows:
Members Present: Alison Blanton
Don Harwood
Robert Manetta
Matthew Prescott
Kyle Ray
Robert Richert
James Schleuter
The following items were considered:
1. Approval of Minutes - September 11, 2003.
There being no additions and/or corrections, the minutes were approved as
distributed.
2. Request from HMP Partnership. LLC, represented bv Richard M. Huqhes,
owner, for a Certificate of Appropriateness approvinq new addition and
siqnaqe at 650/656 Elm Avenue, SW.
Mr. Richard Hughes appeared before the Board and said he was both landlord
and tenant on the project. He discussed the history of the company and the
subsequent development of the business on Elm Avenue. He said that the
request was for building enlargement, sign enlargement, and installation of Dryvit
on portions of the building. Mr. Hughes said he had a major roof problem at 650
Elm, which had caused damage to the structure. He said he hoped to solve the
problem with the application of Dryvit. He also noted that he would be vacating
the lot lines between the buildings so that they would function as one building.
Ms. Beckett said that staff was uncomfortable with covering the brick with Dryvit
and was hoping there could be a discussion of alternatives for the brick wall.
She said she had no problem with the addition, but the Dryvit was too modern for
the neighborhood. She also said there was no problem with the sign.
Mr. Richert asked for comments from the audience.
City of Roanoke Architectural Review Board
October 9, 2003
Page 4
,He said that some details could be added along the brick fac,:ade elevation, but
had no problem with the application of the Dryvit.
ghes said that the planter could be extended.
Mr. Rich advised Mr. Hughes that if he wanted to he could ask for a
continuanc so he could meet with staff and discuss other alternatives. He also
said that the ard could act on the application before them.
Mr. Hughes said at he was hearing many ideas and he would not be able to
satisfy all of them. e said that the Board had set a precedent by allowing the
use of Dryvit on the nt the structure.
Mr. Richert said that the oard could proceed. He said he did not hear of any
problems with the signage.
Mr. Manetta said that he did n t hear of any problems with the addition or the
signage, just the brick fac,:ade. suggested Mr. Hughes could make that a
separate application and have the emainder voted on today.
Mr. Hughes said the he did not expec uch animosity about the application.
There was discussed between Mr. Hughe nd the Board as to how Mr. Hughes
wanted to proceed on his application. Mr. H hes agreed to go forward with the
requests for signage and the building addition d to continue the modification to
the brick wall.
Mr. Manetta made a motion to accept the amended a lication to include the
signage and addition and to continue the modification to he brick wall. The
motion was seconded by Mr. Harwood. A vote was then t en on the new
addition and sign, as well as the tabling of the modification to e brick wall until
November and was approved by a vote of 7-0.
3. Request from Burqer and Son for a Certificate of Appropriateness
approvinq vinvl sidinq at 802/804 Marshall Avenue. SW.
Mr. Lewis Burger appeared before the Board on behalf of Burger and Son. He
said he had no problem with his property until May, 2003. He said the siding had
been in place almost three years.
Mr. Richert said that approval of the Board was required and the vinyl siding job
was completed after Mr. Burger had been advised that Board approval was
necessary.
City of Roanoke Architectural Review Board
October 9,2003
Page 5
Mr. Burger said that the vinyl siding was around the font porch. He said that he
had run the soffit in the manner explained to him by Dave Hatchett, Building
Inspector.
Mr. Talevi asked how Mr. Hatchett had been involved if no building permit was
required for application of siding. He asked if there were other Code violations
involved.
Mr. Burger said that the house had been condemned.
Ms. Beckett said that this had been a very difficult case. She said that she had
visited the site in May when she saw Mr. Burger working on the porch, but she
had not seen him install the siding. Ms. Becket said that in May she had asked
Mr. Burger to stop work on the porch. She said he did not realize he needed to
come before the Board for a certificate of appropriateness and felt he was
"grandfathered." She said that she had to take Mr. Burger to court and the judge
had ordered him to appear to apply for a certificate of appropriateness. Ms.
Beckett said that Mr. Burger had installed vinyl windows and removed the
window trim and had basically covered everything visible on the house with vinyl.
She said that she did not believe the vinyl siding matched the original siding.
Mr. Townsend asked if the exterior cladding had been completed in May, 2003.
Ms. Beckett said that it had and he was finishing the porch.
Mr. Burger said he had been asked to stop work on the porch.
Mr. Harwood said that in the very recent past, the Board had taken a very strong
stand on synthetic siding. He said he had not heard yet that Mr. Burger knew
about the siding before he finished it.
Mr. Manetta said that the Board had been very specific in recent times about the
application of siding over defining features of the building; i.e., windows and
doors and their frames; soffits, porch wraps. He said that what Mr. Burger had
done would have required approval from the Board.
Mr. Richert said that one of the problems the Board was dealing with was that
they were being asked to look at this after the fact. He said that the property
owner had shown a significant amount of intransigence with his willingness to
comply with the request of staff in bringing this to the Board in the first place. He
said that if the Board were to approve this application, it would send an
increasingly damaging message to the community. He said that he could not
believe it was in the Board's best interest to validate this property owner's
approach to do what he wishes to in spite of what he is allowed to do in the City
as a whole. He said he would vote no.
City of Roanoke Architectural Review Board
October 9,2003
Page 6
Mr. Burger said that if you did not allow people to make improvements to their
houses you would promote slums.
Mr. Harwood said that painting was an option.
Mrs. Blanton asked for clarification on the recent Council amendment relative to
siding. She asked if synthetic siding was allowed as long as it did not damage
the character-defining features. She said that a year ago, the Board would
probably have approved the siding, but looked very carefully at the specific
details. She questioned whether Mr. Burger needed a building permit to install
siding.
Mr. Talevi said that no building permit was necessary, however, the siding had to
be applied under the zoning ordinance. He said that the Zoning Administrator
would have to make a finding that the activity did or did not need a certificate of
appropriateness.
Mr. Burger presented a brochure which depicted the replacement window he had
used.
Mr. Prescott said that the owner needed a certificate of appropriateness to install
vinyl siding and that had not been pursued.
Mr. Manetta said that he did not think the replacement windows would have been
approved by the Board.
Mr. Harwood suggested the applicant offer the following: (1) apply 3 Y:," wide
vinyl surround with an integral "J" channel to all windows and doors; (2) remove
vertical dark blue siding on the porch beam and/or entablature and repair or
replace with wood; (3) put gutters on the house, with original cornice; trim with
the Ogee gutter configuration.
Mr. Burger said that the windows were designed in the way they were installed.
He asked if that was wrong.
Mr. Harwood said that it was and that an integral "J" channel should have been
used.
Mr. Richert said that if the Board voted no, Mr. Burger could meet with staff and
other knowledgeable Board members and come back with a new proposal. He
said that the Board had spent a lot of time designing things and if Mr. Burger
came back with a new proposal that would save the Board time during the
meeting. He said that he wanted a detailed description and diagrams and he felt
that could be considered a substantially new application. He said that his
City of Roanoke Architectural Review Board
October 9, 2003
Page 7
concern was the Board taking the position that a property owner, who proceeds
in defiance, could be rewarded in any way. He said he did not want to give the
impression that the Board would approve any vinyl siding. He said he was not
anxious to sit here and design a modification to the proposal. He said that the
building required some major modification.
Mr. Harwood said that he agreed and he felt very uncomfortable with this
application. He said he was concerned about the message going to absentee
landlords that they could slip something in and get approval by the Board.
Mr. Burger said that he had a lot of money invested in the project.
Mr. Harwood said that the Board recognized that each single structure was a
contributing structure in the district. He said that the skin of these building was
wood siding and when someone wanted to cover that skin, the Board wanted to
know why. He also said there had to be great attention to the details of the
building.
Mr. Richert asked for further comments. There being none, a roll call vote on the
application was taken. The requested was denied by a vote of 0-7, as follows:
Mrs. Blanton - no
Mr. Harwood - no
Mr. Ray - no
Mr. Manetta - no
Mr. Schleuter - no
Mr. Prescott - no
Mr. Richert - no
Mr. Richert encouraged Mr. Burger to quickly meet with staff to see if something
could be worked out.
Mr. Burger said he thought he was doing the right thing.
4. Request from the Citv of Roanoke. represented bv Mark Clark. for a
Certificate of Appropriateness approvinq paint color on the dome of the
bell tower of Fire Station NO.1 at 13 Church Avenue. S.E.
Alison Blanton and Don Harwood stepped down due to a conflict of interest.
Mr. Clark said that the request was to change the color on the dome of the bell
tower to a brick red color (on file). He made a presentation on the dome and the
proposed change in color.
Mr. Prescott asked the color of the roof below it.
.
ATTACHMENT B
VIRGINIA;
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
) - ~ r L.U::.~;(. "l_~.\.::: :\U'l U...:: f't'iV},-',,--'h
) PETITION FOR. APPEAL
)
)
This is a Petition for Appeal from a decision of the Architectural Review
Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City
of Roanoke (1979), as amended.
1.
NameofPetitioner(s): tEll/IS!? !3{1PGf/2..
Doing business as (if applicable): 13t{ R {;'[ f ~..f!.tm "~ _ ~
u
Street address of pj;perty )Nhich is the subject of this appeal: gO;}..
& 1.1 f/ /f(ft/(r:: A~J,. l-I [IF. ~ W
2.
3.
4.
Overlay zoning (H-1, Historic District, or H-2, Neighborhood Preservation
District) of property(ies) which is the subject of this appeal: 1-1 ~ J..
5.
Date the hearing before the Architectural Review Board was held at which
the decision being appealed was made: / () - '1- (J 3
Section of the Code of the City of Roanoke under which the Certificate of
Appropriateness was requested from the Architectural Review Board
(Section 36.1-327 if H-1 or Section 36.1-345 if H-2):
6.
7.
Description of the request for which the Certificate of Appropriaten~s was
sought from he Architectural Review Board: r; LIi CFhI tAIl
~ . ~. ~ .
J <'. c.' . ./6 r. '
8.
Groundsforappe~ i ~~rI '!lIS ~ {(.~~9fd' rilE
~1/i:f/f~ ?J CJL/I<;~ III.- 1 -: F
9.
Name, title, address and telephone number of person(s) who will
represent the P~itioner(s) before Ci~ Council: /..J:(1f/u I? f5 u!?r;L/L
/ / / A/1IY/FT 7 I?W;:.J ,/u I? c/c ky /J(r 1/.4 "p.. :.)'/5/
483 - /708
WHEREFORE, your Petitioner(s) requests that the action of the
Architectural Review Board be reversed or modified and that a Certificate of
Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner):
Signature of Petitioner(s) or
representative(s), where
applicable:
:;pIU~ f!~~~i1'
NameJqlM R ;5rJR6G'fl...
(print or"type)
Name:
(print or type)
Name:
Name:
(print or type)
(print or type)
----------------------------------------------------------------------------------------------------~-------
TO BE COMPLETED BY CITY CLERK:
Received by: /h.....)Date: .7pJC-r>>t./L 3/ ).,003
.~~ ~UJv
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
December 4, 2003
File #27-51-166-467-514
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 Monday, December 15, 2003, at 7:00 p.m., in the City Council Chamber:
(1) Request of Edward A. Natt, Attorney, representing Super D. Holdings,
L.L.C., that property located at 414,416,418 and 420 Ninth Street,
S. E., Official Tax Nos. 4112708 -4112711, inclusive, be rezoned
from C-2, General Commercial District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by the
petitioner.
(2) Request of Edward A. Natt, Attorney, representing Farren and Lynette
Webb, that a parcel of land located at the corner of Yellow Mountain
Road and Melcher Street, S. E., containing 0.379 acre, more or less,
identified as Official Tax No. 4300722, be rezoned from CN,
Neighborhood Commercial District, to RM-1, Residential Multi-family,
Low Density District, subject to certain conditions proffered by the
petitioners.
The Honorable Mayor and Members
of the Roanoke City Council
December 4, 2003
Page 2
(3) Request of Maryellen F. Goodlatte, Attorney, representing Norman R.
and Marie A. Pratt, that certain parcels of land located at the
intersection of Stewart Avenue and Ninth Street, S. E., Official Tax
Nos. 4112016 - 4112018, inclusive, be rezoned from RM-2,
Residential Multifamily, Medium Density District, to C-2, General
Commercial District, subject to certain conditions proffered by the
petitioners.
(4) Proposed lease of City-owned property located in the 400 and 500
blocks of Church Avenue, S. W., and when such property is acquired
by the City, pursuant to an Agreement dated December 24, 2002,
between the City of Roanoke and the YMCA of Roanoke Valley, Inc.,
to the YMCA of Roanoke Valley, Inc., for a term commencing on
August 1, 2004, and ending December 1, 2005, subject to automatic
renewal on a month to month basis.
(5) Proposed amendments to the City Code to permit the establishment
of outpatient mental health and substance abuse clinics as a special
exception use in only the C-2, General Commercial District, of the City
of Roanoke.
(6) Proposed extension of a lease with The Hertz Corporation for an
87,120 square foot parcel of land located at 1302 Municipal Road,
N. W., for a period of five years.
(7) Proposed vacation of portions of sanitary sewer and drainage
easements, in connection with development of a parcel of privately
owned land located on Wildwood Road, S. W., Official Tax No.
1070605.
(8) Citizen comments regarding appointment of a School Trustee to fill
the unexpired term of Melinda J. Payne, resigned, ending June 30,
2004.
The Honorable Mayor and Members
of the Roanoke City Council
December 4, 2003
Page 2
I am enclosing copy of City Planning Commission reports filed in the City Clerk's
Office to date.
With kindest personal regards, I am
Sincerely,
A~
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Elizabeth A. Neu, Director, Economic Development
Susan S. Lower, Acting Director, Real Estate Valuation
William M. Hackworth, City Attorney, transmitted electronically bye-mail
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Sarah E. Fitton, Engineering Coordinator
Martha P. Franklin, Secretary, City Planning Commission
Stephanie M. Moon, Deputy City Clerk
Sharon A. Mougin, Executive Secretary, City Manager's Office, transmitted
electronically bye-mail
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
"
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS,1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
" ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND 00 NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
NAME ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE: SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNElLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VAllEY, ARE SIGNING THIS PETIT/ON TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
NAME
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE: SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
N~ ~RESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE: SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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ADDRESS
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WE ,THE CITIZENS OF ROANOKE, VA. AND THE: SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
NAME ADDRESS
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~",JJ- WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
NAME ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE;VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
, WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
. WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANO,KE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIG~ING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING tHIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENINC AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE DO NOT WANT A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY JEFF ARTIS, 1450 LAFAYETTE
BLVD. NW, ROANOKE, VA. 24017, (540)981-0014.
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1.
2.
3
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6.
7.
8.
9.
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11.
12
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14.
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16
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE DO NOT WANT A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY JEFF ARTIS, 1450 LAFAYETTE
BLVD. NW, ROANOKE, VA. 24017, (540)981-0014.
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3.
4.
5.
6.
7.
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ADDRESS
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10.
11.
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13
14.
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16.
17.
18.
19.
20.
WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE DO NOT WANT A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY JEFF ARTIS, 1450 LAFAYETTE
BLVD. NW, ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. ,~ND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE,~RE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-'7064, AND JEFF ARTIS, 1';~50 LAFAYETTE 3LVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDn~G
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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NAME
1.
2.
3.
ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE DO NOT WANT A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY JEFF ARTIS, 1450 LAFAYETTE
BLVD. NW, ROANOKE, VA. 24017, (540)981-0014.
ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE DO NOT WANT A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY JEFF ARTIS, 1450 LAFAYETTE
BLVD. NW, ROANOKE, VA. 24017, (540)981-0014.
NAME ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE DO NOT WANT A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY JEFF ARTIS, 1450 LAFAYETTE
BLVD. NW, ROANOKE, VA. 24017, (540)981-0014.
1 .
11.
12.
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1.
ADDRESS
I 0
WE,THE CITIZENS Of ROANOKE, VA. fI,ND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS,1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE DO NOT WANT A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY JEFF ARTIS, 1450 LAFAYETTE
BLVD. NW, ROANOKE, VA. 24017, (540)981-0014.
lt3 WttldcJ1 RIA" PIC(c
VI.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE. VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS. 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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al. L<WD ~t~dv1 :::DILj Hor',c1CA. Rvt rx..J
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ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITfi AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NWf
ROANOKE, VA. 24017, (540)981-0014.
.'
NAME ADDRESS
1., lk~V\N:L ellL~~ ICQ Is JJ,J.-MO. g-~
2..z; Bn'a/\rr.:Jo~",~' 31IP/f-o.;""'t1Arl<cl fOQ-.-.ofc J."rOI,j>
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Fax: 540-224-8050
Nov 20 03:23
WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WEARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS; 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
NAME ADDRESS .
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13.
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18.
19.
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WE,THE CITIzENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOI(E VALLEY, ARE St(;NING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITfi AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLERCHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THI:CIT'IZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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ADDRESS
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS,1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
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WE,THE CITIZENS OF ROANOKE, VA. AND THE SURROUNDING
ROANOKE VALLEY, ARE SIGNING THIS PETITION TO SHOW WE ARE
AGAINST A METHADONE CLINIC OPENING AT 3208 HERSHBERGER
ROAD, NW, ROANOKE, VA. 24017. WE ARE AGAINST A METHADONE
CLINIC AROUND THE 6 PUBLIC SCHOOLS IN THE AREA AND DO NOT
WANT THIS CLINIC INTERFERING WITH AREA BUSINESSES. THIS
PETITION IS BEING SPONSORED BY PERNELLER CHUBB-WILSON,
(540)344-7064, AND JEFF ARTIS, 1450 LAFAYETTE BLVD, NW,
ROANOKE, VA. 24017, (540)981-0014.
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER, CMC
City Clerk
215 Church Avenue, S,W., Room 456
Roanoke, Virginia 24011,1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E.mail: c1erk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
December 30, 2003
File #468
Diane S. Childers, Clerk
Roanoke County Board of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018,0798
Dear Ms, Childers:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
December 15, 2003, Council unanimously ratified the appointment of George W. Logan
as the seventh member of the Board of Directors, Western Virginia Water Authority.
Sincerely, ~
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City Clerk
MFP:ew
pc: Board of Directors, Western Virginia Water Authority
Michael T. McEvoy. Director of Utilities