HomeMy WebLinkAboutCouncil Actions 03-19-01WYATT
35230
ROANOKE CITY CO UNCIL
REGULAR SESSION
MARCH 19, 2001
12:15P. M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call.
(Council Member White was absent.)
At 12:16 p.m., the meeting was declared in recess to be
reconvened at 2:00 p.m., in the City Council Chamber.
R O/tNOKE CITY CO UNCIL
REG UL/IR SESSION
MARCH 19, 2001
2:00P. M.
CITY COUNCIL CH/tMBER .
/1GEND~4 FOR THE COUNCIL
Call to Order--Roll Call.
(Council Member White was absent.)
The Invocation was delivered 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 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, March 22,
2001, at 7:00 p.m., and Saturday, March 24, 2001, at 4:00 p.m. Council
meetings are now being offered with closed captioning for the hearing
impaired.
2
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE CITY COUNCIL
AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND
RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL,
GO TO THE CITY'S HOMEPAGE AT www.roanokegov.com, CLICK
ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS
AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT
SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
PRESENTATIONS:
A RESOLUTION paying tribute to James D. Ritchie, Deputy City Manager,
for the City of Roanoke, and expressing to him the appreciation of this City
and its people for his exemplary public service.
Adopted Resolution No. 35230-031901. (6-0)
File #80-184
3
A RESOLUTION memorializing the late G. Frank Clement, a longtime
resident of Roanoke and retired President and Chairman of the Board of
Shenandoah Life Insurance Company.
Adopted Resolution No. 35231-031901. (6-0)
File #80-132-367
A RESOLUTION memorializing the late Jimmie Layman, former Manager of
the Roanoke Parks and Recreation Department and a Clerk for the Roanoke
City Market.
Adopted Resolution No. 35232-031901. (6-0)
File #42-67-80-184-367
e
CONSENT AGENDA
(Approved 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meeting of Roanoke City Council held on
Monday, March 5,2001.
C-2
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
~J' A communication from the Honorable Ralph K. Smith, Mayor,
requesting a Closed Meeting to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to
Section 2.1-344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
File #132
Concur in request to convene in Closed
Meeting.
4
C-3 v/ Minutes of the Audit Committee held on Monday, March 5, 2001.
RECOMMENDED ACTION: Receive and file.
File #300
C-4
Qualification of the following persons:
William E. Skeen and Lular R. Lucky as members of the
Roanoke Neighborhood Parmership Steering Committee
for terms ending November 30, 2003;
File #15-110-488
Sheri Bernath as a member of the Blue Ridge Behavioral
Healthcare Board to fill a vacancy created by the
resignation of Ann Janney-Schultz for a term ending
December 31, 2003;
File #15-110-335
Robert K. Bengtson as a City representative to the
Roanoke Valley Resource Authority for a term ending
December 31, 2004;
File #15-110-253
J. Granger Macfarlane as a member of the Roanoke
Regional Airport Commission for a term ending March 9,
2005; and
File #9-15-110
William H. Cleaveland as the City's representative to the
Court Community Corrections Program Policy Board for
a term ending December 31, 2003.
File #15-110-242
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
e
HEARING OF CITIZENS UPON PUBLIC MATTERS:
NONE.
4. PETITIONS AND COMMUNICATIONS:
A communication from Vice-Mayor William H. Carder recommending
that the matter of increasing the cigarette tax by ten cents be referred to
fiscal year 2001-02 budget study.
Referred to fiscal year 2001-02 budget study.
File #60-79-132
bo
A communication from the Honorable Donald S. Caldwell, Roanoke
City Commonwealth Attorney, requesting acceptance of the Virginia
Exile Grant by the Department of Criminal Justice Services, in the
amount of $72,191.00 and a local match of $8,021.00; and a
communication from the City Manager concurring in the request.
Adopted Budget Ordinance No. 35233-031901 and Resolution No.
35234-031901. (6-0)
File #60-133-236
Co
A communication from the Roanoke City School Board requesting
appropriation of funds to various school accounts; and a report of the
Director of Finance recommending that Council concur in the request.
Adopted Budget Ordinance No. 35235-031901. (6-0)
File #60-467
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A communication recommending execution of Amendment 1-A
to the City's contract with Hayes, Seay, Mattem and Mattern,
Inc., for Phase II design and Phase III construction
administration for the Roanoke River Flood Reduction Project -
Utility Relocation Design, in the amount of $227,353.00; and
transfer of funds in connection therewith.
Adopted Budget Ordinance No. 35236-031901 and Resolution
No. 35237-031901. (6-0)
File #60-237-330
A communication concurring in a bid committee recommendation
that the bid submitted by Verizon Virginia to provide local
telephone service, at a cost of $55,395.66 per month, for a period
of one year with the option to renew for an additional one year
period, be accepted.
Adopted Resolution No. 35238-031901. (6-0)
File #386
A communication recommending issuance of Change Order No. 9
to the City's contract with Thor, Inc., for removal ofstreetscapes
for the new Police Building Project, in the amount of $30,300.00;
and transfer of funds in connection therewith.
Adopted Budget Ordinance No. 35239-031901 and Ordinance
No. 35240-031901. (6-0)
File #5-60
7
A communication recommending an amendment to Ordinance
No. 35208-020501 setting forth the correct name of the entity
being awarded the bid for remodeling seven City park shelters
(Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal
Springs) to be in compliance with requirements of the Americans
with Disabilities Act.
Adopted Ordinance No. 35241-031901. (6-0)
File #67-367
A communication recommending appropriation of $177,111.00
from the Capital Maintenance and Equipment Replacement
Program to fund equipment purchases, maintenance and other
one-time priority purchases.
Adopted Budget Ordinance No. 35242 on first reading. (4-2,
Council Members Hudson and Wyatt voted no.)
File #60-270-472
A communication in connection with boundary line adjustment
for Gates Lane, N.E.
Concurred in the recommendation.
File #91-514
A communication recommending authorization to submit a street
inventory for State maintenance payment eligibility to the
Virginia Department of Transportation for approval by the
Commonwealth Transportation Board, to insure the City's
eligibility for State maintenance funds.
Adopted Resolution No. 35243-031901. (6-0)
File #20-514
A communication recommending appropriation of $22,000.00 in
connection with funding for the Fifth District Employment and
Training Consortium.
Adopted Budget Ordinance No. 35244-031901. (6-0)
File #60-246
b. DIRECTOR OF FINANCE:
A report recommending appropriation of funds for the operating
budget of the Roanoke Valley Detention Commission for fiscal
year 2002.
Adopted Budget Ordinance No. 35245-031901. (6-0)
File #60-305
6. REPORTS OF COMMITTEES:
j a.
A report of the Audit Committee recommending that the City Manager
be authorized to enter into an agreement with KPMG LLP for the
performance of annual audits of the City's finances for the fiscal years
ending June 30,2001,2002, 2003, and 2004. William White, Sr., Chair.
Adopted Ordinance No. 35246-031901. (6-0)
File #60-10-300
A report of the Bid Committee recommending acceptance of the bid
submitted by Carter's Cabinet Shop of Roanoke, Inc., to fabricate and
install lockers in the new Police Building, located at 348 Campbell
Avenue, S. W., in the amount of $169,281.00, with a project
contingency of $10,719.00; and a communication from the City
Manager concurring in the recommendation. W. Alvin Hudson, Jr.,
Chair.
Adopted Ordinance No. 35247-031901. (6-0)
File #5-472
(1)
A report of the City Planning Commission with regard to the
South Jefferson Redevelopment Plan. D. Kent Chrisman, Chair.
Adopted Resolution No. 35248-031901. (6-0)
File #178-200-544
(2)
A communication from the City Manager recommending
execution of the South Jefferson Cooperation Agreement No. 2
to provide funds for the Roanoke Redevelopment and Housing
Authority to carry out its work, in the amount of $1,000,000.00;
and appropriation of funds in connection therewith.
Adopted Budget Ordinance No. 35249-031901, Ordinance No.
35250-031901 and Resolution No. 35251-031901. (6-0)
File #60-178-200-544
A communication from the City Manager recommending
execution of a Performance Agreement with Carilion Health
System and Carilion Biomedical Institute in connection with the
proposed South Jefferson Redevelopment Plan.
Adopted Ordinance No. 35252-031901. (6-0)
File #178-200-221-544
7. UNFINISHED BUSINESS: NONE.
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
OTHER HEARING OF CITIZENS UPON PUBLIC
MATTERS:
10.
l0
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A
TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Mr. Hume Powers, 2641 Nottingham Road, S.E., requested that Wiley
Drive be reopened to two-way traffic within the next thirty days.
File g66-20-514
CERTIFICATION OF CLOSED SESSION. (6-0)
The following persons were appointed or reappointed to boards and
commissions:
Robert Humphreys as a member of the Roanoke Arts Commission
to fill the unexpired term of Ann D. Masters, resigned, ending
June 30, 2001.
File gl 5-110-230
The Honorable William White, Sr., as a Commissioner of the Hotel
Roanoke Conference Center Commission to fill the unexpired term
of James D. Ritchie, resigned, ending April 3, 2003.
File gl5-110-247
S. Wayne Campbell as a member of the City Planning Commission
for a term ending December 31, 2004.
File g15-110-200
Marie Muddiman as a member of the Special Events Committee to
fill the unexpired term of Jay Stephens, resigned, ending June 30,
2001.
File gl 10-327
Kermit E. Hale as a member of the Board of Zoning Appeals to fill
the unexpired term of Sydnor W. Brizendine, Jr., deceased, ending
December 31, 2001.
File g15-51-110
Victor Gilchrist, James Burks and Carolyn Bumbry as
Commissioners of the Roanoke Redevelopment and Housing
Authority for terms ending August 31, 2004.
File #15-110-178
Jonathan Katz as a member of the Youth Services Citizen Board for
a term ending May 31, 2004.
File #15-110-304
At 4:55 P.M., THE MEETING OF ROANOKE CITY COUNCIL WAS
DECLARED IN RECESS TO BE RECONVENED AT 7:00 P. M., IN
THE COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR
MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., CITY OF
ROANOKE.
ROANOKE CITY CO UNCIL
REGULAR SESSION
MARCH 19, 2001
7:00P. M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. (Council Member White was absent.)
The Invocation was delivered by Cadet Girl Scout, Lydia Higgs, Troop
213.
The Pledge of Allegiance to the Flag of the United States of America
was led by Brownie Elizabeth Higgs, Troop 33.
Welcome. Mayor Ralph K. 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, March 22,2001,
at 7:00 p.m., and Saturday, March 24, 2001, at 4:00 p.m.
13
INTRODUCTION AND PRESENTATIONS:
Presentation of Honorary Girl Scout Member Certificates and Girl Scout
Cookies. Katherine Witt, Cadet Troop 97.
Introduction of the following School Board applicants:
Gary M. Bowman
Melvin W. Garrett
Melinda J. Payne
Lee A. Pusha (Application withdrawn)
William E. Skeen
Ruth C. Willson
Applications were received and filed.
File #467
A. PUBLIC HEARINGS:
Public heating on the request of Paul A. Duncan and Gary A. Duncan
Parmership that a portion of those certain parcels of real property
located at 4425 and 4431 Northwood Drive, N. W., identified as Official
Tax Nos. 6140610 and 6140609, and a portion of that certain parcel of
land located at 2032 Peters Creek Road, N.W., identified as Official Tax
No. 6141403, be rezoned from RS-3, Residential Single Family District,
to C-2, General Commercial District, subject to certain proffered
conditions. C. Cooper Youell, IV, Attorney.
Adopted Ordinance No. 35253 on first
Members Bestpitch and Harris voting no.)
File #51
reading. (4-2, Council
Public hearing on the request of Roanoke Valley SPCA and Mrs. Sandra
L. Overstreet, that a tract of land partially fronting on a portion of
Baldwin Avenue, N. E. (8 lots), and additional property fronting on a
portion of Edmund Avenue (16 lots), identified as Official Tax Nos.
3210616 - 3210620, inclusive, 3210712 - 3210722, inclusive, and
14
3210701 3210708, inclusive, be rezoned from LM, Light
Manufacturing District, to HM, Heavy Manufacturing District, subject
to certain conditions proffered by the applicant. W. Eric Branscom,
Attorney.
Adopted Ordinance No. 35254 on first reading. (6-0)
File #51
Public hearing to consider proposed amendments to zoning regulations
with regard to outdoor advertising (billboards) in the City of Roanoke.
D. Kent Chrisman, Chair, City Planning Commission.
Adopted Ordinance No. 35255-031901. (6-0)
File #51-107
B. OTHER HEARING OF CITIZENS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A
TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Mr. Frederick Price, 115 Salem Avenue, S.W., Mr. James Peterson, 409
18t" Street, S.E., and Mr. Nicholas Carr, 2703 Garden City Boulevard,
S.E., called attention to a parking lot previously owned by the City in the
area of Salem and Norfolk Avenues and operated by Allright Parking
Company as paid parking; however, the parking lot has now been
assigned by the City to Norfolk Southern for parking. They expressed
concern that the parking lot is not clearly identified as private parking
during certain hours of the day; therefore, City Market patrons park in
the lot, their vehicles are towed away by a local towing company, and a
cost of $90.00 is incurred to reclaim the vehicle.
File #66
Mr. Jeff Artis, Chair, Board of Directors, Roanoke Southern Christian
Leadership Conference, formally requested that Council adopt a measure
specifically prohibiting Roanoke City government, or any entity thereof,
from engaging in or transacting business with any individual or business
entity and/or their subsidiaries, that participate in or have been found
guilty of practicing discrimination of any kind, including age
discrimination and discrimination based upon sexual orientation.
File #66-411
Mr. Robert Gravely, 1412 Moorman Road, N.W., expressed concern with
regard to the following City issues: an increase in the real estate tax
assessments, declining economy, increased housing costs, low wages for
City employees, high crime rate, and corruption.
File #66-79-178-184
(All matters under Other Hearing of Citizens are automatically referred
to the City Manager for appropriate response.)
AT 7:55 P.M., THE MEETING OF ROANOKE CITY COUNCIL WAS
DECLARED IN RECESS UNTIL MONDAY, MARCH 26, 2001, AT
11:00 A.M., IN THE EXHIBIT HALL AT THE ROANOKE CIVIC
CENTER, 710 WILLIAMSON ROAD, N.E., CITY OF ROANOKE, AT
WHICH TIME COUNCIL WILL PARTICIPATE IN A PLANNING
RETREAT.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001.
No. 35230-031901.
A RESOLUTION paying tribute to James D. Ritchie, Deputy City Manager, for the
City of Roanoke, and expressing to him the appreciation of this city and its people for his
exemplary public service.
WHEREAS, Mr. Ritchie began his career with the city in June, 1975, as director of
Human Services; and
WHEREAS, Mr. Ritchie served under four city managers and has had direct
supervision of most City departments; and
WHEREAS, Mr. Ritchie served for nine months in 1999 as Roanoke's Acting City
Manager, guiding the City through tough times of drought, hazardous waste remediation, and
Y2K phobia; and
WHEREAS, Mr. Ritchie served as staff coordinator for the City Manager's Task
Force on Homelessness and, in the early 1980's, chaired the City Manager's Drug Study
Task Force; and
WHEREAS, Mr. Ritchie has unselfishly given his time to serve on numerous boards
and commissions during his tenure, including the Hotel Roanoke Conference Center
Commission and the boards of the Department of Social Services, the League of Older
H:XM EASURESXR-ritc hie. 1
Americans, Burrell Memorial Hospital, the United Way, and the Fifth District Employment
and Training Consortium; and
WHEREAS, Mr. Ritchie faithfully served Roanoke and its citizens for 26 years.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that
Council adopts this means of recognizing and commending the many years of service
rendered to the City of Roanoke and its people by James D. Ritchie.
ATTEST:
City Clerk.
H:XM EA SURES',R-ritchie. 1
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001.
No. 35231-031901.
A RESOLUTION memorializing the late G. Frank Clement, a longtime resident of Roanoke
and retired President and Chairman of the Board of Shenandoah Life Insurance Company.
WHEREAS, the members of Council learned with sorrow of the passing of Mr. Clement on
Thursday, March 1, 2001; and
WHEREAS, Mr. Clement was one of the most influential civic and business leaders of our
community, and was appointed to fill a vacancy on City Council in 1980, and Mr. Clement served
in that capacity from January 1, 1980, through June 30, 1980; and
WHEREAS, Mr. Clement was known as one of Roanoke's most outstanding benefactors in
the last half of the 20th century and was instrumental in raising funds to make Center in the Square
a reality; and
WHEREAS, Mr. Clement worked with leaders in both the black and white communities in
the 1960's to help Roanoke avoid the violence that accompanied desegregation; and
WHEREAS, Mr. Clement served as a valued and respected member of many of the major
boards in the Roanoke Valley, including the original board for Roanoke's Center in the Square,
Roanoke Electric Steel Corporation (25 years), and Virginia Tech's Board of Visitors; and
WHEREAS, Mr. Clement will be remembered as a compassionate and capable businessman,
and someone deeply committed to Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
H:LM EA SURESXr-clement I
1. City Council adopts this resolution as a means of recording its deepest regret and
sorrow at the passing of G. Frank Clement, and extends to his family its sincerest condolences.
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Clement's family
ATTEST:
City Clerk
H:~M EASURES'a'-clement. 1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001.
No. 35232-031901.
A RESOLUTION memorializing the late Jimmie Layman, former Manager of the
Roanoke Parks and Recreation Department and a clerk for the Roanoke City Market.
WHEREAS, the members of Council learned with sorrow of the passing of Mr.
Layman on Friday, March 2, 2001; and
WHEREAS, Mr. Layman faithfully served the Parks and Recreation Department for
36 years; and
WHEREAS, Mr. Layman maintained a steady presence at the Roanoke City Market,
renting out booths to vendors and giving out food to visitors on the market; and
WHEREAS, Mr. Layman was an active member in the Williamson Road Masonic
Lodge No. 163, Webber High Twelve Masonic Lodge No. 282, and the Williamson Road
Order of the Eastern Star; and
WHEREAS, Mr. Layman was known as someone who would do anything for anyone,
a man with a heart as big as a mountain.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this resolution as a means of recording its deepest regret
and sorrow at the passing of Jimmie Layman, and extends to his wife, Rosalie, and his family
its sincerest condolences.
H:hMEA SURES\r-layman. 1
2. The City Clerk is directed to forward an attested copy of this resolution to Mr.
Layman's widow, Rosalie Layman.
ATTEST:
City Clerk
H:~vl EASUKES\r-Iayman. 1
ACTION:
C-1
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
March 5, 2001
12:15 p.m.
The Council of the City of Roanoke met in regular session on Monday,
March 5, 2001, at 12:15, p. m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2,
Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1,
Regular Meeting~, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor Ralph K. Smith--6.
ABSENT: Council Member C. Nelson Harris ........
,M1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
CITY ATTORNEY-COUNCIL: A communication from the City Attorney
requesting that Council convene in a Closed Meeting to consult with legal counsel
on a matter of pending litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia
(1950), as amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Carder moved that Council concur in the request of the City Attorney to
convene in a Closed Meeting to consult with legal counsel on a matter of pending
litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith---------------.---..._._... 6.
NAYS: None--
(Council Member Harris was absent.)
ACTION:
COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith
requesting that Council convene in a Closed Meeting to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and committees
appointed by Council, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as
amended, was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Hudson moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was
seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestp!tch, Carder,
and Mayor Smith .......... -6.
NAYS: None ---0.
(Council Member Harris was absent.)
At 12:20 p.m., the Mayor declared the meeting in recess for two Closed
Meetings, to be followed by a briefing by the City Manager on proposed changes to
the City's Solid Waste Management Program in the Emergency Operations Center
Conference Room, Room 159.
At 1:25 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., City of Roanoke, with Mayor Smith presiding, and all Members of the
Council in attendance, with the exception of Council Member Harris.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
RECYCLING-REFUSE COLLECTION: The City Manager introduced a briefing
with regard to proposed changes in Roanoke's Solid Waste Management Program.
Robert Bengtson, Director of Public Works, introduced Frank Decker III,
Manager, Solid Waste Division, and Susan Grogan, Solid Waste Collection Inspector.
He advised that in August, 2000, Council was briefed on three proposed changes in
the collection of solid waste throughout the City of Roanoke; the first initiative was
the new bulk and brush program which began in October 2000 and t, as resulted in
a much improved appearance along the streets throughout the City of Roanoke and,
in the five months that the program has been in effect, 60 per cent more bulk and
brush has been collected than during the same five month period a year ago. He
stated that the second initiative was to provide recycling service to all Roanoke
residents by implementing a pilot program which allows recyclables to be mixed
together, also known as co-mingling; comparing the 10,000 households in the pilot
program area with the 25,000 households that were already recycling, the pounds
of bottles and cans being recycled per household are 26 per cent higher in the pilot
program area and the pounds of paper recycled per household are 57 per cent
greater in the pilot program area, which can be attributed to not only the broader
range of products that can be recycled in the pilot program, but also to the ability to
co-mingle recyclable products for collection on a weekly basis. He added that the
goal is to extend the co-mingled recycling program to all Roanoke City residents.
He advised that the third initiative was to move solid waste management out of a
substantial number of alleys and on to the curb side in front of the homes of
residents; currently solid waste is collected at the curb in front of 56 er cent of
Roanoke's residences, the remaining 44 per cent of collection is from public alleys;
it was the original goal to reduce alley trash collected to the extent that it would
leave 15 per cent of the alley customers with alley service, however, based on a field
review of the areas, the 1 $ per cent goal has been adjusted upward to 30 per cent.
He explained that every area of the City was checked in the field by solid
waste management staff, and evaluations took into consideration the condition of
the area and adjoining streets; many of the City s alleys were built in the earl art
of the 1900's and are a poor fit for the solid waste vehicles of today; and alley~wPith
steep grades, utility poles, trees, and adjacent garage structures cause difficulty in
maneuvering for drivers and have resulted in property damage both to trucks as well
as to private property. He called attention to a number of alleys that it would be
preferable not to use, but because of conditions along the street on the front side
of the residences, alley collection must be continued; in some instances, on-street
parking makes it difficult, if not impossible, for the one armed bandit trucks to empty
the trash containers along the street; and in other circumstances, the topography
of yards or the presence of steps and retaining walls also preclude residents from
physically rolling the trash containers to the street.
Mr. Benston advised that based upon the proposed program change, it will be
possible to reallocate manpower and fleet resources to expand the pilot recycling
program to all residents which will involve providing one additional recycling bin to
all residents that currently participate in the original recycling program (they would
also continue to use the older container they now have); and any resident that does
not participate currently will be encouraged to contact the Solid Waste Management
department in order to be furnished with two recycling containers. He explained that
this would enable the City to eliminate the five recycling trucks currently in its fleet
in favor of existing packer trucks that are used in today's alley collection program;
and further reallocation of resources will enable the City to provide each resident
with all collection services on the same day of the week, including what is referred
to as the "white goods truck" which will collect large metal items such as
refrigerators. He advised that implementation of the move from the alleys to the
curb can be targeted to begin on July 1, 2001, and by that time, two new bandit
trucks will have been received, the lease/purchase of which was approved by
Council last year.
He stated that over the next several weeks, new collection routes will be
finalized, planning will be shared with the Roanoke Neighborhood Partnership's
President's Council, as well as neighborhood organizations, in affected areas and
each of the affected households will be notified. He advised that it is anticipated that
more residents will be added to the City's physically challenged list due to the
difficulty in rolling the containers to the curb, which will be monitored closely to
determine the need for additional resources for the current program that is provided
to over 900 customers. He stated that implementation of the co-mingled recycling
program for all residents could begin on July 1, 2001; new collection routes will
need to be established, the program publicized and information shared with the
neighborhoods, deliver additional recycling bins, notify households that currently
participate in the recycling program of the proposed changes, and an educational
program is being developed to engage citizens in recycling. He added that by early
May, it is anticipated that Council will be provided with information on comments
from the neighborhood organizations with whom staff meets regarding the curbside
and recycling program changes.
In summary, Mr. Bengston advised that City staff is excited about the
opportunities to enhance the service delivery and efficiency of the City's Solid Waste
Collection program, thereby completing the rs-engineering of solid waste
management that was presented to Council in August, 2000.
Following discussion, Ms. Wyatt requested the following information:
What are the total costs in those areas of the City that will receive the
new recycling bins, total number of households that are presently
practicing recycling, and cost per household?
In order to introduce the recycling program to the remainder of the City,
what costs will be incurred relative to vehicular equipment, staff,
recycling bins, publicity and an educational program?
4
What is the percentage of the number of households currently
practicing recycling, combined with the percentage of those to be
provided with the new recycling bins, and cost per household?
Without objection by Council, the Mayor advised that the bri;;~ing would be
received and filed.
At 1:55 p.m., the Mayor declared the meeting in recess to be reconvened in the
City Council Chamber at 2:00 p.m.
At 2:00 p.m., on Monday, March 5, 2001, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor Ralph K. Shtith--6.
ABSENT: Council Member C. Nelson Harris-
-1.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Dr. Charles G. Fuller,
Retired Pastor, First Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
CITY MARKET-PARKS AND RECREATION-COUNCIL.CITY EMPLOYEES-
DECEASED PERSONS: The Mayor requested that a moment of silent prayer be
observed in memory of Mr. G. Frank Clement, deceased, former Member of Roanoke
City Council, and Mr. Jimmie B. Layman, deceased, Clerk, Roanoke City Market, and
former Director of the Department of Parks and Recreation.
PRESENTATIONS:
PROCLAMATIONS: The Mayor presented a proclamation declaring the month
of March, 2001, as National Nutrition Month in the City of Roanoke.
PUBLIC WORKS-CITY EMPLOYEES-DECEASED PERSONS: Mr. White offered
the following Resolution memorializing the late Reed Preston Cotton, Sr.:
ACTION:
(#35221-030501) A RESOLUTION memorializing the late Reed Preston Cotton,
Sr., who, for nearly 23 years, served Roanoke's Division of Solid Waste Management
and the citizens of the City of Roanoke with honor and distinction.
(For full text of Resolution, see Resolution Book No. 63.)
Mr. White moved the adoption of Resolution No. 35221-030501. The motion
was seconded by Mr. Hudson and adopted by the following vote:
ACTION:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ...... -6.
NAYS: None. 0.
(Council Member Harris was absent.)
ACTIONS OF ACKNOWLEDGEMENT-POLICE DEPARTMENT: Mr. Carder
offered the following Resolution recognizing Keith Patrick Weltens:
(#35222-030501) A RESOLUTION in recognition of the heroic and potentially
life-saving action of Mr. Keith Patrick Weltens of Radford.
(For full text of Resolution, see Resolution Book No. 63.)
Mr. Carder moved the adoption of Resolution No. 35222-030501. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith 6.
NAYS: None ..... ~.
(Council Member Harris was absent.)
The Mayor advised that at approximately 8:00 p.m., on January 16, 2001,
Mr. Weltens was driving out of a parking garage located on the corner of Franklin
Road and Williamson Road when he noticed a man leaning suspiciously into another
car parked in the garage; and sensing that someone may have been in danger, he
stopped his vehicle and sounded his horn. He stated that Mr. Weltens' suspicions
were well-founded and his action interrupted the perpetration of a violent physical
assault against an innocent woman; at the sounding of the horn, the woman was
able to escape from*her attacker and flee to the safety of Mr. Weltens' vehicle and
he immediately drove her to the hospital where she received prompt medical
attention. The MayOr advised that Mr. Weltens' actions saved the individual from
grave injury or worse, and the prompt reporting of the incident led to an immediate
police response and the subsequent arrest of the alleged perpetrator.
ACTION:
On behalf of the citizens of the City of Roanoke and the Members of City
Council, the Mayor commended Mr. Weltens on his heroic actions by coming to the
aid of his fellow man and presented him with a ceremonial copy of the above
referenced resolution and a gold star which is symbolic of the star on Mill Mountain.
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, the item would be removed from the Consent Agenda and considered
separately. He called specific attention to two communications from the City
Manager requesting a Closed Meeting to discuss the disposition of publicly held
property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended,
and to discuss a prospective business, where no previous announcement of the
business's interest in locating its facilities in the City has been made, pursuant to
Section 2.1-344 (A)(5), Code of Virginia (1950), as amended.
MINUTES: Minutes of the regular meeting of Council held on Tuesday,
February 20, 2001, were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. White moved that the reading of the Minutes be dispensed with and that
the Minutes be approved as recorded. The motion was seconded by Mr. Carder and
adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith 6.
NAYS: None
(Council Member Harris was absent.)
CULTURAL SERVICES COMMITTEE.FIFTH PLANNING DISTRICT
COMMISSION-HOUSING/AUTHORITY-OATHS OF OFFICE-COMMITTEES: The
following reports of qualification were before Council:
Michael Brennan as a member of the Cultural Services Committee for
a term ending June 30, 2001;
Darlene L. Burcham as a member of the Roanoke Valley-Allegheny
Regional Commission for a term ending June 30, 2003; and
7
ACTION:
ACTION:
ACTION:
Robert J. Sparrow as a member of the Fair Housing Board for ate
ending March 31, 2003.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and fi
motion was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch,
and Mayor Smith
NAYS: None ........................................... ---------------_
(Council Member Harris was absent.)
PURCHASE/SALE OF PROPERTY-COUNC :
requestin that Co · .. ..... IL A report of the City I~
g uncll ,.,.,,vene i, a Closed Meeting to discuss the dispos
publicly held property, PUrsuant to Section 2.1.344 (A)(3), Code of Virginia (1.~
amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City Man=
convene in a Closed Meeting to discuss the dis o ' '
PUrsuant to Section 2 1-344~,~-~ ,., ...... p sltlon of publicly held r
· ,.-,,,-,i, ~,oae o! Virginia (1950). as amended ThPe ~
was seconded by Mr. Carder and adopted by the followi~t'g vote: '
AYES: Council Members Hudson, White, Wyatt, Bestpitch, C
and Mayor Smith.-.---.-_...__._._...____
(Council Member Harris was absent.)
NAYS: None-
ECONOMIC DEVELOPMENT-COUNCiL: A report of the City Mar
requesting that Council convene in a Closed Me '
business, where no · . .... etlng to discuss a r
. ... previous announc . . p ospe
its facilities in the Ci~, has b ..... _,_ ement of.t? _business's Interest in loc.
· · · '] ~,, -,~ue, pursuant to ' .
Virginia (1950), as amended, was before the body 3ectlon 2.1 344 (A)(5), Co,
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the City Manage
convene in a Closed Meeting to discuss a prospective business, where no prey
announcement of the business's interest in locating its facilities in the City has I:
made, PUrsuant to Section 2.1.344 (A)(5), Code of Virginia (1950), as amended.
motion was seconded by Mr. Carder and adopted by the following vote:
8
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ......................................................................................... -6.
NAYS: None
(Council Member Harris was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ANNUAL REPORTS-ECONOMIC DEVELOPMENT: Phillip F. Sparks, Executive
Director, Roanoke Regional Partnership, presented an overview of the Partnership,
which is composed of representatives from Roanoke City, Roanoke County, City of
Salem, Town of Vinton, and Botetourt, Franklin and Craig Counties. H~ advis~ed that
the Regional Partnership was established in 1983 as the result of a recommendation
of an advisory commission which was appointed to look at how best to promote and
carry on the business of economic development in the Roanoke Valley. He stated
that the Regional Partnership is governed by a Board of Directors made up of an
executive committee, a developers committee, a business committee and an
advisory committee; and the mission of the Regional Partnership is to successfully
recruit businesses to the area while fostering the expansion of the existing industrial
base. He called attention to four primary goals: (1) the attraction of new business,
(2) implementation of marketing strategies, (3) economic development advocacy,
and (4) local industrial outreach. With regard to the attraction of new businesses,
he stated that the Regional Partnership would like to significantly increase the
growth of quality jobs and capital investment in the Roanoke Valley region through
aggressive new business recruitment, through strategies targeting recruitment
efforts, by focusing on bio-tech information technology, electro-optic type
companies, second tier automotives, plastics and printing, and enhance the data
systems and research capabilities that are currently being used to respond more
quickly.
With regard to implementation of marketing strategies, Mr. Sparks advised
that the Regional Partnership would like to effectively promote the Roanoke Valley
region to enhance its image as a preferred and strategic business location, expand
marketing efforts, develop new marketing materials and products with special
emphasis on new technologies, and increase the Valley's recognition as a region
and a preferred business location. In regard to economic development advocacy,
he stated that the Regional Partnership would like to be the regional group where
new and innovative ideas can be discussed and the Partnership is currently looking
at the identification of infrastructure requirements for the new economy. With
reference to local industry outreach, he noted that representatives of the Regional
Partnership visit with representatives of various companies to determine their
individual needs in the new economy.
Mr. Sparks stated that total funding for the Regional Partnership is
$803,000.00, which is a 60~40 split and when the Regional Partnership was founded,
it was intended to be a 50150 split, however, it has been a number of years since the
business community has reached the 50~50 split, and the budget break out is 82
per cent for marketing and 18 per cent for administration. He presented copy of
Expansion Management Magazine which contains an article entitled "America's 50
Hottest Cities for Business Relocation and Expansion" which states that according
to a survey of 75 of the most prominent site locations in the United States, the City
of Roanoke ranks 25th out of 300+ MSA's in the country.
Mr. Sparks advised that last year's budget, which the City of Roanoke helped
to formulate, provided 320 business inquiries, 35 prospect visits, and three
announcements totaling $64.5 million. He stated that the Regional Partnership is
looking.at additional strategies and preparing a budget to address issues of
concern.
As a part of his remarks, Ms. Wyatt advised that Mr. Sparks referred to-Hollins
University, Roanoke College, Virginia Western Community College and Virginia
Tech, and inquired as to why Radford University, which has a business school that
is considered to be a premier part of the university, was not mentioned; whereupon,
Mr. Sparks advised that a Regional Partnership Subcommittee is reviewing the
By-laws and he would share Ms. Wyatt's inquiry with the subcommittee.
Without objection by Council, the Mayor advised that the report would be
received and filed.
PETITIONS AND COMMUNICATIONS:
BUDGET-COMMONWEALT.H,'S ATTORNEY: A communication from
M. Don Caldwell, Commonwealth s Attorney, requesting transfer of funds in the
amount of $12,997.00, in connection with purchase of replacement computers; and
a statement of concurrence by the City Manager, were before Council.
The Mayor advised that the Commonwealth's Attorney had requested that the
item be withdrawn from the agenda; whereupon, without objection by Council, the
Mayor stated that the communication would be withdrawn.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
l0
FLOOD REDUCTION/CONTROL: The City Manager introduced a briefing on
the Roanoke River Flood Reduction Project.
Phillip Schirmer, City Engineer, advised that the Roanoke River Flood
Reduction Project is a large and complicated project, comprised of over $40 million
of construction, in which the City will participate in the amount of approximately $15
million. He stated that it is a complicated project, not only from an engineering
standpoint and a construction standpoint, but from a right-of-way acquisition
standpoint, because there are more than 110 properties that will be involved in
acquisition in one form or another. He further stated that the City is in the process
of acquiring real estate for the project, it is anticipated that the project will start
either in the summer of 2002 or 2003, however, more likely 2003, given the number
of property acquisitions, and there will be significant benefits to citizens and
property owners through reduction or elimination of flooding from storm events.
John G. Reed, Project Engineer, advised that as a result of the flood of 1985,
businesses along the Roanoke River were seriously affected and some never
recovered, jobs were lost, over 400 homes and businesses were flooded and
damage exceeded $100 million. He stated that the 1985 flood was the defining
moment in Roanoke's flood history, it was the highest flood ever seen on the
Roanoke River, although a flood in 1940 came within five feet of the 1985 flood. He
advised that there were two floods in the 1970's that were higher than the 1940 flood
and reviewed a chart showing that over the last 125 years, the Roanoke River has
flowed out of its banks about once every seven years. He stated that because of the
long history of flooding on the Roanoke River, the City of Roanoke and the U. S.
Army Corps of Engineers have taken steps toward finding the best solutions to
address repetitive damages; the initial Corps of Engineers study was completed in
the late 1.960's; in the 1970's, three flood control reservoirs upstream from Roanoke,
two in Montgomery County and one in Roanoke County, were considered; and local
opposition, environmental impacts, and high estimated costs killed the reservoir
option in 1979.
He stated that another option might have included the purchase and removal
of flood prone buildings, but since these properties were valued at over $1 billion,
this option was not economically feasible; the most economical plan identified by
the Corps of Engineers was a 16.5 mile channel improvement project through the
developed portion of the Roanoke Valley; in the early 1980's, the City of Salem,
Roanoke County and the Town of Vinton withdrew from the project, leaving a 9.2
mile project solely within the City of Roanoke; and in 1985, the highest-ever recorded
flooding occurred on the Roanoke River, and caused approximately $114 million of
damage within the City of Roanoke.
Mr. Reed noted that in 1989, the citizens of Roanoke passed a bond
referendum to support $7.5 million of the City's share of the project, which at that
time was estimated to be $11.5 million; in 1990, the City signed an agreement with
the U. S. Army Corps of Engineers, committing to construct the project; this
agreement placed all financial liability for hazardous and toxic waste on the City;
because of this potential liability, the City began an extensive environmental
assessment of the properties included in the project; in 1998, following completion
of environmental testing and Department of Environmental Quality approval, the
project was re-evaluated adding in environmental costs and was approved to
proceed toward construction; and in the year 2000, preliminary right-of-way plans
from the Corps of Engineers were received and property acquisition started; and in
1973, Council appointed a Flood Plain Committee consisting of nine members
representing a cross section of community interests, to coordinate with other
localities and to provide citizen input into the flood reduction effort.
Mr. Reed reviewed a slide showing the 9.2 miles of the Roanoke River within
the City of Roanoke, the project having been broken down into two phases: Phase
1 extending from 13t' Street to Wasena Park and Phase 2 extending from Wasena
Park to the Salem City limit, including approximately 100 non-City-owned properties
to acquire in Phase 1 and 54 in Phase 2.
He stated that the current project includes clearing of brush arid dead trees,
channel widening has been reduced to three miles on one side of the bank only
which is two miles less than the original plan called for; bank stabilization primarily.
using vegetation, but also some rock riprap; trees and shrubs will be added to
reduce the net loss of wooded area to about five miles; one mile of restraining or
levee walls, two new Iow water bridges at Smith Park to provide for safer pedestrian
crossings and less frequent flooding of roadway, and canoe passage without having
to portage; and a five mile greenway trail from Wasena Park to 13t' Street.
Mr. Reed presented a chart depicting historic flooding on the Roanoke River,
noting that the Corps of Engineers project was primarily justified by the frequent
flooding damages and not by the rare and extreme 100 year flooding that was
experienced in 1985. He advised that project benefits include reducing the depth of
flooding for over $1 billion in property values; removing many buildings from the
flood plain; as a result of being out of the flood plain, many homeowners and
business owners will no longer be required to have relatively expensive flood
insurance; hundreds of property owners will be safe guarded from the frequent
flooding which has historically occurred along the Roanoke River; and because of
the property being acquired and the trail being constructed with this project, at
completion, citizens will have one of the longer paved greenway trails in southwest
Virginia.
He advised that environmental concerns are the loss of trees and vegetation
along the Roanoke River; to offset this, the project will add several thousand trees
and shrubs so that the net loss of wooded areas is about five acres; 160 acres of
areas regraded by the project will be vegetated with native grasses; rock riprap has
been significantly reduced from the original project; and no in-river construction will
occur between March and July to allow for spawning of the endangered species, the
Roanoke Logperch.
Mr. Reed noted that since the City of Roanoke signed the project agreement
with the U. S. Army Corps of Engineers in 1990, estimated cost of the project has
increased from $34 million to $42 million, primarily due to inflation; to date the City
has budgeted $9 million for the project through the utility tax, of which about $3.5
million have been spent; since the City still has the $7.5 million bond, which has not
been sold, it is not anticipated that any additional funds will be needed for the
project· He advised that Phase 1 will not begin construction until the City has
completed the purchase of all necessary property which is anticipated to be
sometime in the year 2002 or 2003; each phase is expected to take about three years
to construct, therefore, for Victory Stadium, Biomed areas, which are included in
Phase 1, earliest completion would be around 2006; and assuming that property can
be acquired on this timetable, total project should be completed around the year
2007.
As a part of the discussion, Mr. Reed advised that City staff does not wish to
give unrealistic expectations for the project, which will reduce floodi'ng only on the
Roanoke River and will not reduce flooding in downtown Roanoke, Mudlick Creek
or any of the other tributaries, except in the immediate vicinity where they come into
the Roanoke River. He stated that according to the U. S. Army Corps of Engineers,
project benefits exceed the cost and the Corps of Engineers is willing to move
forward with the Federally funded portion. He advised that as the water leaves the
City of Roanoke and goes into the Town of Vinton and down stream, impacts.
according to the Corps of Engineers model, are minimal and do not in~rease the
velocity because it is not a channelization project down the entire length of the
Roanoke River. He further advised that navigability of the Roanoke River will be
somewhat improved because of the elimination of some of the utili cros
are impediments, esneciall, wk.._ ,,- ............. ty sings that
. r ~ ,,=,, L~,U water IS at Iow levels He stated that th
.d~am. at W.asena Park will stay in place and a fordage ,~ath'will b ...... ..~._._...e larger
rna =am, mere will be additional parking access for pers"ons with c=an~'~" arouna
,o~f_t_h_e,_r_~_ver .w.!ll .n. ot be changed or disturbed, the work will be on '~.-- ~.':-~-e- b~o_~.om
· ' ,,,= ,,vur [~anKs,
,-urerore, With trte exception of the Iow water bridges, there should no
change between what exists todau otb.-,· fh,,~ ,~.-, ...... .. .......... t be any
s .......... L,,U ~uWur~r~g O! tl~VO Ul;lll[~y crossings.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ITEMS RECOMMENDED FOR ACTION:
POLICE DEPARTMENT.CITY CODE'NUISANCES-COMMONWEALTH,S
ATTORNEY: The City Manager submitted a communication advising that defacement
and damage to public and private property through graffiti can have an .e, xtremely
negative impact on a community; graffiti detracts from the community s image.
compromising the sense of security and discou.r_,a,g_ing both new and continue~
investment necessary to maintain the neighborhood s vitality; graffiti has also been
linked to gang activity and hate crimes, with all related connotations for the
community; and Section 21-25 of the City Code prohibits the defacement of u '
o_r p. rivate Property and makes such an action a ~oo, ..;..., ....... p b.!lC
~oae of VJraini ,.,,..o ,,... . .... Cl...oo, ,,,,=.u~-.uanor; nowever, me
o a all....o .,,,, City to make additional r
' p ovisions, as follows:
a:
Section 15.2-908 gives the City the authority to remove
defacement that is visible from a public right-of-way, after notice
is given to the proPerty owner and the owner fails to have the
defacement removed. This section does not provide for the City
to recover its costs.
b'-
Under Section 18.2-138.1, the City may provide that if the damage
or defacement is done as a first offense, the court may mandate
community service by the offender, preferably repairing similar
damage, as an alternative to conviction of the offense.
It was further advised that existing provisions of Section 21-25 of the City
Code are not effective in addressing graffiti on private property; if the offender is not
caught, the City is powerless either to compel the property owner to remove the
defacement, or to remove the defacement itself; if the offender is caught and
prosecuted, the courts do not have the option of community service related to the
offense for the minor first time offender; and additional provisions are needed to
provide the City and the courts with additional tools to address a range of situations.
The City Manager recommended that Council amend Section 21-25 of the City
Code to authorize the City to remove defacement from private property visible from
public right-of-way, if the property owner fails to do so, and authorize community
service as an option to the court for first offenders.
ACTION:
(For full text, see report on file in the City Clerk's Office.)
Mr. Bestpitch offered the following emergency ordinance:
(#35223-030501) AN ORDINANCE amending Section 21-25. Damagin(j or
defacinq DropertT_ qenerally, of Chapter 21 Offenses-Miscellaneous, of the Code of
the City of Roanoke (1979), as amended, to specify graffiti as a type of damage and
defacement, to provide for community service for offenders, and to provide for
authority of the City to remove or repair defacement; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. Bestpitch moved the adoption of Ordinance No. 35223-030501. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith 6.
NAYS: None .. 0.
(Council Member Harris was absent.)
]4
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of
Finance submitted the Financial Report for the City of Roanoke for the month of
January, 2001.
ACTION:
(For full text, see Financial Report on file in the City Clerk's Office.)
Following discussion and without objection by Council, the Mayor advised
that the Financial Report would be received and filed.
REPORTS OF COMMITTEES:
BUDGET-WATER RESOURCES: Council Member W. Alvin Hudson, Jr., Chair.
Bid Committee, presented a written report on behalf of the Committee, in connectior~
with bids received by the City to gunite the interior of the Crystal SprFngs Reservoir
to repair cracks that have occurred over the last 20 years, and to repair the Walls up
to the overflow level, with all work confined to the interior of the reservoir.
The Bid Committee recommended that Council accept the bid of and award
a lump sum contract to Peters and White Construction Company, in the amount of
$198,283.00 and 90 consecutive calendar days of cOntract time, with a project
contingency of $18,717.00, and provide $900.00 for reproduction
advertising fees; transfer $217,900.00 to a new account to be establis~°e~lt~n ;~ed
Water Fund Capital Projects entitled, "Gunite of Crystal S rin s and '
Reservoirs"; and reject all other bids received by the City.p g Falhng Creek
A statement of concurrence by the City Manager in the recommendation of the
Bid Committee, was also before Council.
ACTION:
(For full text, see report and statement on file in the City Clerk's Office.)
Mr. Hudson offered the following emergency budget ordinance:
(#35224-030501) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. Hudson moved the adoption of Ordinance No. 35224-030501. The motion
was seconded by Mr. White and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith-------. -6.
NAYS: None. ---
/0.
(Council Member Harris was absent.)
ACTION:
ACTION:
Mr. Bestpitch offered the following emergency ordinance:
(#35225-030501) AN ORDINANCE accepting the bid of Peters and White
Construction Company to gunite the interior of the Crystal Springs Reservoir to
repair the walls up to the overflow level, and to also repair leaks in the walls and
floor of the clear well (holding tank) at the Falling Creek Reservoir, upon certain
terms and conditions and awarding a contract therefor; authorizing the proper City
officials to execute the requisite contract for such work; rejecting all other bids
made to the City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. Bestpitch moved the adoption of Ordinance No. 35225-030501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ...... 6.
NAYS: None .....
(Council Member Harris was absent.)
WATER RESOURCES-STREETS AND ALLEYS-IMAX THEATRE: Council
Member Linda F. Wyatt, Chair, Water Resources Committee, presented a written
report on behalf of the Committee, with regard to a petition to vacate and close a
portion of public street right-of-way across Official Tax No. 4010213, in connection
with development of the Art MuseumllMAX Theatre Project.
A Staff report advised that an Agreement between the City and the Art Museum
of Western Virginia for the design, development and construction of a new building
or complex to house the art museum and IMAX Theatre was entered into on
October 4, 2000; that the City desires to convey property identified by Official Tax
Nos. 4010205, 4010209, 4010212, and 4010213 to the Western Virginia Foundation
for the Arts and Sciences at such time as it is needed for construction of the Project;
an existing alley is located on Official Tax No. 4010213; and authorization is needed
to file a petition to vacate and close the public right-of-way.
The Water Resources Committee recommended that Council authorize the
filing of a petition to vacate and close a portion of public street right-of, way across
Official Tax No. 4010213, in connection with development of the Art Museum/IMAX
Theatre Project.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt moved that Council concur in the recommendation of the Water
Resources Committee. The motion was seconded by Mr. Carder and adopted.
BUDGET-EASEMENTS-UTILITIES-WATER RESOURCES: Council Member
Linda F. Wyatt, Chair, Water Resources Committee, presented a written report on
behalf of the Committee, with regard to acquisition of the necessary utility easement
across the property of James D. Fralin, located in Roanoke County, for Carvins Cove
improvements.
A staff report advised that an engineering study by Mattern & Craig, Inc.,
identified certain improvements needed at the Carvins Cove Filter Plant (Phase I) and
to various waterlines (Phase II) to meet the increasing need for water in the City of
Roanoke; authority to acquire the necessary property rights and execute certain
permits and agreements was granted on February 8, 1993, pursuant to Ordinance
No. 31339-020893; a temporary construction easement across the property of
James D. Fralin, located in Roanoke County, was acquired for a nominal
consideration; waterline construction was completed in 1996, and since that time,
it has been discovered that the waterline was constructed across a corner of
Mr. Fralin's property in the temporary easement area.
ACTION:
It was further advised that negotiations with Mr. Fralin have indicated that the'
required property rights may be acquired for the sum of $20,000.00; the appraised
value of the easement is $13,699.00; additional funding of $3,000.00 is required to
cover related expenses such as appraisal, title report, document preparation and
recording fees; acquisition of the easement will permit the waterline to remain in its
present location; and funding of $23,000.00 is available from Water Fund Retained
Earnings and needs to be appropriated to an account to be established by the
Director of Finance entitled, "Carvins Cove Waterline Project Easement Acquisition".
The Water Resources Committee recommended that Council authorize the
City Manager to acquire the necessary utility easement across Mr. Fralin's property,
for the sum of $20,000.00, and said property rights are defined as a permanent
easement and may be acquired following a satisfactory environmental site
inspection by negotiation or eminent domain.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#35226-030501) AN ORDINANCE to amend and reordain certain sections of
the 2000-2001 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 63.)
Ms. Wyatt moved the adoption of Ordinance No. 35226-030501. The motion
was seconded by Mr. Hudson and adopted by the following vote:
17
ACTION:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ..................................................................................... -6.
NAYS: None. 0.
(Council Member Harris was absent.)
Ms. Wyatt offered the following emergency ordinance:
(#35227-030501) AN ORDINANCE providing for the acquisition of an easement
needed by the City for the placement of a waterline across the property of
James D. Fralin, in connection with certain improvements made at Carvins Cove;
providing for the City's acquisition of such easement by condemnation, under
certain circumstances; and dispensing with the second reading of this ordinance by
title.
(For full text of Ordinance, see Ordinance Book No. 63.)
Ms. Wyatt moved the adoption of Ordinance No. 35227-030501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith 6.
NAYS: None 0.
(Council Member Harris was absent.)
WATER RESOURCES-LEASES-REAL ESTATE VALUATION: Council Member
Linda F. Wyatt, Chair, Water Resources Committee, presented a written report on
behalf of the Committee, with regard to execution of a new lease between the City
and Commonwealth Buildings, a Virginia Partnership, for office space for the Office
of Real Estate Valuation in the Commonwealth Park Building.
A staff report explained that the Office of Real Estate Valuation has leased
2,453 square feet of additional office space at 110 Campbell Avenue in the
Commonwealth Park Building since 1995, which helps to alleviate overcrowding in
the Municipal Building office and improves efficiency, productivity, and public
service by providing additional public workspace and private areas for discussions
with citizens; that the current lease will expire on February 28, 2001, and a new
lease has been negotiated to provide for continued use of the space; the lease is for
a one-year term commencing on March 1, 2001, and expiring on February 28, 2002,
with an option to renew for three additional one-year terms, at a base rent of
$2,516.88 per month, which is $12.31 per square foot, and includes basic utilities and
janitorial service; and the lease also provides that each partywill indemnify and hold
harmless.the other from and against any loss, damage or liability occasioned by or
resulting from any willful or negligent act on its part, its agents, employees or
invitees.
ACTION:
The Water Resources Committee recommended that Council authorize the
City Manager to execute a new lease between the City and Commonwealth
Buildings, a Virginia Partnership, for a one-year term, with the option to renew for
three additional one-year terms, at the rate of $2,516.88 per month.
(For full text, see reports on file in the City Clerk's Office.)
Ms. Wyatt offered the following Resolution:
(#35228-030501) A RESOLUTION authorizing the City Manager to enter into an
agreement with Commonwealth Buildings for the lease of office space at
110 Campbell Avenue, for use by the Roanoke City Office of Real Estate Valuation,
upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 63.)
Ms. Wyatt moved the adoption of Resolution No. 35228-030501. The ~notion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith 6.
NAYS: None 0.
(Council Member Harris was absent.)
GENERAL DISTRICT COURT-COMMUNITY PLANNING-DECEASED PERSONS-
COURTS FACILITY: A report of the City Planning Commission, advising that in
October 2000, the City received a request from Dr. J. Hayden Hollingsworth and
others to name the Roanoke City Courthouse in honor of the late Judge
Beverly T. Fitzpatrick, was before Council.
It was further advised that on December 21, 2001, the Planning Commission
discussed the matter with Dr. Hollingsworth and with Mike Pace, President of the
Roanoke Bar Association; the Planning Commission deferred action on the matter
to allow further discussion of the possibilities by the Bar Association and others; on
January 5, 2001, a letter was received from Mr. Pace which advised that the Board
of Directors declined to make a more specific recommendation to the Planning
Commission and further recommended that the matter be forwarded to City Council
and the Judges of the 23"~ Judicial Circuit for consideration and action; the Planning
Commission again met on January 18, 2001, to discuss the request, and
Dr. Hollingsworth advised that he would like to amend his request to ask that the
public atrium of the courthouse be named in honor of Judge Fitzpatrick.
19
The City Planning Commission recommended approval of the request to name
the Roanoke City Courthouse Atrium in honor of the late Judge
Beverly T. Fitzpatrick, Sr.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following Resolution:
(#35229-030501) A RESOLUTION naming the Atrium in the Roanoke City
Courthouse in honor of the late Honorable Beverly T. Fitzpatrick, Sr., Judge, General
District Court for the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 63.)
ACTION:
Ms. Wyatt moved the adoption of Resolution No. 35229-030501. The motion
was seconded by Mr. Carder.
Dr. J. Hayden Hollingsworth appeared before Council in support of the
request, and advised that naming the Courthouse Atrium in honor of Judge
Fitzpatrick recognizes not only former Judge Fitzpatrick, but everyone who seeks
justice for all, regardless of circumstances, social standing or ethnic background.
He stated that Council's endorsement of the request sends a message to all who
enter the judicial system that it is a place where they will be judged fairly with hope
for the future. He advised that the honor could be executed with a plaque located
adjacent to the plaque recognizing those who planned the courthouse; however, a
more prominent recognition would be appropriate such as a bust of Judge
Fitzpatrick located at the entranceway to the Courthouse, or a painting depicting the
court over which he presided. He stated that funding has not been addressed,
former Judge Jack B. Coulter has indicated a willingness to assist with
implementation of the project, and Dr. Hollingsworth volunteered his service.
Resolution No. 35229-030501 was adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith. ~.
NAYS: None 0.
(Council Member Harris was absent.)
UNFINISHED BUSINESS: None.
20
INTRODUCTION
RESOLUTIONS:
AND
CONSIDERATION OF
ORDINANCES AND
ACTION:
ZONING: Ordinance No.' 35217, on second reading, amending the conditions
now binding upon a tract of land lying on the west side of Grandview Avenue, N. W.,
between Empress Drive and Marr Street, Official Tax No. 2270223, having previously
been before the Council for its first reading on Tuesday, February 20, 2001, read and
adopted on its first reading and laid over, was again before the body, Mr. White
offering the following for its second reading and final adoption:
(#35217-030501) AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the
City of Roanoke (1979), as amended, and Sheet No. 227, Sectional 1976 Zone Map,
City of Roanoke, in order to amend certain conditions presently binding upon certain
property previously conditionally zoned C-1, Office District.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. White moved the adoption of Ordinance No. 35217-030501. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith---
NAYS:None-
(Council Member Harris was absent.)
Gl
ZONING: Ordinance No. 35218, on second reading, rezoning two tracts of land
located at 3034 and 3042 Brambleton Avenue, S. W., Official Tax Nos. 1650903 and
1650946, from RS-3, Residential Single Family District, to C-2, General Commercial
District, subject to certain proffers contained in the Second Amended Petition, filed
in the City Clerk's Office on January 17, 2001, having previously been before the
Council for its first reading on Tuesday, February 20, 2001, read and adopted on its
first reading and laid over, was again before the body, Mr. Hudson offering the
following for its second reading and final adoption:
(#35218-030501) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 165, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63.)
ACTION:
ACTION:
Mr. Hudson moved the adoption of Ordinance No. 35218-030501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith ...................................................................................... 6.
NAYS: None
(Council Member Harris was absent.)
ZONING: Ordinance No. 35219, on second reading, rezoning property located
at 2109 and 2115 Peters Creek Road, N. W., described as Official Tax Nos. 6370302,
6370304 and 6370301, from RS-3, Residential Single Family District, to C-2, General
Commercial District subject to certain proffers contained in the First Amended
Petition filed in the City Clerk's Office on February 20, 2001, having previously been
before the Council for its first reading on Tuesday, February 20, 2001, read and
adopted on its first reading and laid over, was again before the body, Mr. Hudson
offering the following for its second reading and final adoption:
(#35219-030501) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. Hudson moved the adoption of Ordinance No. 35219-030501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Carder, and Mayor Smith ....5.
NAYS: Council Member Bestpitch .....
(Council Member Harris was absent.)
POLICE DEPARTMENT-EASEMENTS-CITY PROPERTY-UTILITIES: Ordinance
No. 35220, on second reading, authorizing the donation and conveyance of a 15 foot
easement across City owned property located at 348 Campbell Avenue, S. W., to
Verizon for installation of underground facilities, to upgrade the telephone service
for the new Police Building, upon certain terms and conditions, as more particularly
set forth in a report of the Water Resources Committee dated February 5, 2001,
having previously been before the Council for its first reading on Tuesday,
February 20, 2001, read and adopted on its first reading and laid over, was again
before the body, Mr. Hudson offering the following for its second reading and final
adoption:
ACTION:
ACTION:
(#35220-030501) AN ORDINANCE authorizing the donation and conveyance of
a 15' easement across City owned property located at 348 Campbell Avenue, S. W.,
to Verizon, for installation of underground facilities, upon certain terms and
conditions.
(For full text of Ordinance, see Ordinance Book No. 63.)
Mr. Hudson moved the adoption of Ordinance No. 35220-030501. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder,
and Mayor Smith .......... 6.
NAYS: None
(Council Member Harris was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 4:10 p.m., the Mayor declared the meeting in recess.
At 5:35 p.m., the meeting reconvened in the Council Chamber, with
Mayor Smith presiding, and all Members of the Council in attendance, with the
exception of Council Members Harris, Hudson and White. (Council Members
Hudson and White left the meeting during the Closed Session.)
COUNCIL: With respect to the Closed Meeting just concluded, Mr. Carder
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Wyatt, Bestpitch, Carder, and Mayor Smith ....... -4.
NAYS: None
(Council Members Harris, Hudson and White were absent.)
At 5:37 p.m., the Mayor advised that the meeting of Roanoke City Council
would be declared in recess until Saturday, March 10, 2001, at 8:30 a.m., at The Hotel
Roanoke, 110 Shenandoah Avenue, N. W., at which time Council will participate in
a Budget Financial Planning Session.
The meeting of Roanoke City Council reconvened at 8:30 a.m., on Saturday,
March 10, 2001, in Shenandoah Room A at The Hotel Roanoke, 110 Shenandoah
Avenue, N. W., with Mayor Ralph K. Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., William White, Sr.,
Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith---6.
ABSENT:.Council Member C. Nelson Harris, Jr.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; James D. Grisso, Director of'Finance; and
Mary F. Parker, City Clerk. -
OTHERS PRESENT: James D. Ritchie, Sr., Deputy City Manager;
Robert H. Bird, Municipal Auditor; Troy Harmon, Assistant Municipal Auditor;
Willard N. Claytor, Director of Real Estate Valuation; George C. Snead, Jr., Assistant
City Manager for Community Development; Jessee A. Hall, Deputy Director of
Finance; Ann Shawver, Manager of Accounting Services; Barry L. Key, Director of
Management and Budget; Sherman M. Stovall, Budget/Management Analyst;
Frank Baratta, Grants Monitor; Philip C. Schirmer, City Engineer; and Alicia Stone,
Financial Systems Accountant.
(No motions or measures were introduced.)
(See Financial Planning Workshop Notebook dated March 10, 2001, on file in
the City Clerk's Office.)
At 1:55 p.m., Council Member White left the meeting.
There being no further business, the Mayor declared the meeting adjourned
at 2:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
24
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 19, 2001
Council Members:
William D. Bestpitch
William H. Carder
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Linda F. Wyatt
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request a Closed Meeting to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Ralph K. Smith
Mayor
RKS:sm
N:\cksml~Agenda.01\CIosed Session on Vacancies.wpd
MINUTES OF ROANOKE CITY COUNCIL AUDIT COMMITTEE
MarCh 51 2001
CALL TO ORDER:
The meeting of the Roanoke City Audit Committee was called to order at 11:00 a.m. on
Monday, March 5, 2001, with Chairman, William White, Sr., presiding.
· The roll was called by Mrs. Powers
Audit Committee
Members Present:
William White, Sr., Chairman
William H. Carder
W. Alvin Hudson
Linda F. Wyatt
Others Present:
Robert H. Bird, Municipal Auditor
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Ann Shawver, Manager Accounting Services
Kenneth F. Mundy, Controller Roanoke City Public Schools
Major Charles I. Poff, Chief Deputy
Dana Long, Chief of Billings & Collections
Gerri Rorer, Sr. Tax Compliance Administrator
Troy A. Harmon, Assistant Municipal Auditor
Tera D. Hamden, Senior Auditor
Mike Tuck, Senior Auditor
Pamela C. Mosdell, Auditor
Evelyn W. Powers, Administrative Assistant
FINANCIAL AUDITS:
Clerk of the Circuit Court
Sheriff's Canteen and Jail Inmate Fund
Mr. White ordered that the financial audits be received and filed. There were no
objections to the order. Mr. White recognized the Municipal Auditor's staff for
comments. Mrs. Mosdell briefed the Committee on the Clerk of the Circuit Court audit.
There were no questions from the Committee.
Mr. Tuck briefed the Committee on the Sheriff's Canteen and Jail Inmate audit. Mr.
Hudson asked if the prices increased for the canteen items. Mr. Harmon informed the
Committee that the prices for canteen items had increased based on a study of the
average prices for the same goods of the Roanoke market. The contract with Swanson
requires a market study and the Sheriff's approval before prices can be increased.
Mr. Hudson asked if the canteen prices were comparable with other institutions. Mr.
Harmon stated that no data on other institutions were gathered.
Audit Committee Minutes Page 2
Mr. Hudson asked if City Deputies were still doing canteen work. Mr. Poff explained
that the two Deputies who were previously doing this work have been freed up to do
more Sheriff work. Two Deputies are required to escort Swanson delivery employees
on their deliveries for security reasons.
FINANCIAL RELATED AUDITS:
A. Civic Center Concessions
Mr. White ordered that the financial related audit be received and filed. There were no
objections to the order.
Mr. White recognized the Municipal Auditor's staff for comments. Mrs. Hamden briefed
the Committee on the Civic Center Concessions audit. Mr. Carder asked what type of
system was being put into place at the Civic Center. Mr. Harmon reported that it is an
Event Management System and that the audit office would look at the system when it is
put into operation in July 2001. Mr. Carder said he would hope that the system would
also handle food and beverage operations as well as events. Mrs. Wyatt said that most
events are staffed by volunteers and hoped that the system would not be too complex
for them to operate. Mr. Harmon said that the procedures that are currently in place for
the volunteers is very good. The problem is with the central inventory before it gets to
the volunteers. Mr. Hudson asked if the $11,000 start up fund for the concessions is
balanced everyday. Mr. Harmon reported that they do balance everyday. Mr. Hudson
expressed concern that an overage was noted in the auditor's count. Mrs. Hamden
stated that a reason for the overage was being investigated. Mr. White asked for the
value of the inventory. Mr. Harmon reported that in January, the value of the inventory
was $33,000. Mr. White asked why an inventory system/accounting system was not
purchased when the Civic Center went to running the concessions in house from using
the private company. Mr. Grisso reported that the ITC Committee had talked about an
accounting system at the Civic Center for some time and that they agreed to fund half
the cost if the Civic Center funded the other half out of retained earnings. Mr. Grisso
agreed that this should have already been done. Ms. Burcham reported that there has
been a gap in the use of appropriate technology at the City. She reported that the City
is currently looking at leasing computers to replace older computers. She also reported
that there are many systems that need to be updated and redesigned. We are trying to
hire qualified technical people to work with these problems. She has asked the
Information Technology Committee to present to her a master plan to move forward in
getting the City's technology systems updated. She said that the City needs more
funding to take care of these technology issues. Mr. White said that her point is well
taken. Mr. Harmon added that Audit recommended an accounting system be
purchased in 1995. Funding and the time required to get through the RFP and
evaluation process have contributed to the delay.
Audit Committee Minutes Page 3
UNFINISHED BUSINESS:
A. Audit Selection Committee - Recommendation
Mr. White ordered that the Audit Selection Committee recommendation be received and
filed. There were no objections to the order. A motion to concur with the
recommendation of the Audit Selection Committee and to recommend that the Council
authorize the City Manager to execute a contract between the City of Roanoke and
KPMG was moved by Mr. Carder and seconded by Mr. Hudson. The motion was
approved unanimously.
NEW BUSINESS:
A. GASB 34 Implementation
Mr. White recognized Mr. Grisso for comments. Mr. Grisso informed the Committee
that KPMG has advised against early implementation of GASB 34. Mr. Grisso
introduced Mrs. Shawver who briefed the Committee on what GASB 34 is and how it
will impact the City's financial statements.
Mr. White recognized Mr. Bird for comments on the Municipal Auditing department's
Strategic Business Plan. Mr. Bird reported to the Committee that Mr. Harmon and the
audit staff had presented the Strategic Business Plan to the City Manager and Roanoke
City Council. Mr. Bird read a letter to the Committee from the City Manager
commending Mr. Harmon for his hard work and dedication to the development of the
business plan.
ADJOURNMENT:
There being no further business, the meeting adjourned at 11:30 a.m.
William White, Sr., Chairman
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
March 21,2001
File #15-110-488
Barbara N. Duerk, Chair
Roanoke Neighborhood Partnership
Steering Committee
2607 Rosalind Avenue, S. W.
Roanoke, Virginia 24014
Dear Ms. Duerk:
This is to advise you that Lular R. Lucky and William E. Skeen have qualified as members
of the Roanoke Neighborhood Partnership Steering Committee for terms ending
November 30, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc: Elizabeth Watson, Secretary, Roanoke Neighborhood Partnership Steering
Committee
Stephanie M. Moon, Deputy City Clerk
N:\CKSHl~Agendas 2001\Corresp Marcfl 19, 2001.wpd
U/
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Lular R. Lucky, 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 Neighborhood Partnership Steering Committee for a
term ending November 30, 2003, according to the best of my ability. So help me God.
Subscribed and sworn to before me thi~-~ day of~'~r~. £'~"2001.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
N:\CKSHl~Agendas 2001\Corresp. February 20, 2001 .wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William E. Skeen, 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 Neighborhood Partnership Steering Committee for a
term ending November 30, 2003, according to the best of my ability. So help me God.
Subscribed and sworn to before me this C~ day of ~001.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
N:\CKSH l~,Agendas 2001 \Corresp. February 20, 200 l .wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
March 21,2001
File #15-110-335
Rodney P. Furr, Chair
Blue Ridge Behavioral
Healthcare Services
301 Elm Avenue, S. W.
Roanoke, Virginia 24016-4001
Dear Mr. Furr:
This is to advise you that Shed Bernath has qualified as a member of the Blue Ridge
Behavioral Heathcare Board to fill a vacancy created by the resignation of Ann
Janney-Schultz, for a term ending December 31,2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc:
S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare Services,
301 Elm Avenue, S. W., Roanoke, Virginia 24016-4001
Stephanie M. Moon, Deputy City Clerk
N:\CKSHI~ger~Ia$ 2001\Corresp. March 19. 2001 wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sheri Bernath, 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 Blue Ridge Behaviorial Healthcare Board to fill a vacancy created
by the resignation of Ann Janney-Schultz for a term ending December 31, 2003,
according to the best of my ability. So help me God.
Subscribed and sworn to before me thisJ--~''~ day of~ 2001.
ARTHUR B. CRUSH, III, CLERK
, DEPUTY CLERK
N:\CKS H 1 ~Agendas 2001 \Corresp. February 20, 2001.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
March 21, 2001
File #15-110-253
John Hubbard, Executive Director
Roanoke Valley Resource Authority
1020 Hollins Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Hubbard:
This is to advise you that Robert K. Bengtson has qualified as a City representative to the
Roanoke Valley Resource Authority for a term ending December 31,2004.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc:
Deborah T. Charles, Secretary, Roanoke Valley Resource Authority, 1020 Hollins
Road, N. E., Roanoke, Virginia 24012
Stephanie M. Moon, Deputy City Clerk
N:\CKSHl~Agendas 2001\Corresp. Marc~l 19, 2001 wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Robert K. Bengtson, 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 City representative to the Roanoke Valley Resource Authority
for a term ending December 31, 2004, according to the best of my ability. So help me
God.
Subscribed and sworn to before me this
day of .J~~001.
ARTHUR B. CRUSH, Ill, CLERK
BY
, DEPUTY CLERK
N:\CKSHl~Agendas 2001\Corresp. February 20, 2001.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
March 21,2001
File #9-15-110
Arthur M. Whittaker, Sr., Chair
Roanoke Regional Airport Commission
4169 Woodridge Drive, S. W.
Roanoke, Virginia 24018
Dear Mr. Whittaker:
This is to advise you that J. Granger Macfarlane has qualified as member of the Roanoke
Regional Airport Commission for a term ending March 9, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc:
Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission
Stephanie M. Moon, Deputy City Clerk
N:\CKSH~Agendas 2001\Corresp. Marcll 19, 2001 wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, J. Granger Macfarlane, 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 Regional Airport Commission for a
term ending March 9, 2005, according to the best of my ability. So help me God.
Subscribed and sworn to before me this / ~ day of .~4',--c.~, 2001.
ARTHUR B. CRUSH, III, CLERK
, ~ CLERK
N:\CKSHIXAgendas 2001~Corresp. February 20, 2001 .wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
March 21,2001
File #15-110-242
Jim T. Phipps, Director
Court Community Corrections
Program Policy Board
541 Luck Avenue, S. W., Suite 300
Roanoke, Virginia 24016
Dear Mr. Phipps:
This is to advise you that William H. Cleaveland has qualified as the City's representative
to the Court Community Corrections Program Policy Board for a term ending December 31,
2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc: Stephanie M. Moon, Deputy City Clerk
N:\CKSH 1 ~Agendas 2001\Corresp. March 19.2001 wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William H. Cleaveland, 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 the City's representative to the Court Community Corrections
Program Policy Board for a term ending December 31, 2003, according to the best of
my ability. So help me God.
Subscribed and sworn to before me this o~ day of/"")k~-~, 2001.
ARTHUR B. CRUSH, III, CLERK
N:\CKSHl~Agendas 2001\Corresp. February 20, 2001.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #60-79-132
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of a communication from Vice-Mayor William H. Carder recommending
that the matter of increasing the cigarette tax by ten cents be referred to fiscal
year 2001-02 budget study, which communication was before the Council of the City of
Roanoke at a regular meeting held on Monday, March 19, 2001.
On motion, duly seconded and adopted, the matter was referred to fiscal year 2001-02
budget study.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
James D. Grisso, Director of Finance
Barry L. Key, Director, Management and Budget
N:\CKSHI~Ager~Ias 2001\Corresp. March 19, 2001.wpd
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 19, 2001
Council Members:
William D. Bestpitch
William H. Carder
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Linda F. Wyatt
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
I would like to request that Council consider during fiscal year 2001-02 budget study the
question of increasing the cigarette tax by ten cents. It is my suggestion that this additional
$735,000.00 will be allocated to curb, gutter and sidewalk improvements.
Your concurrence in referring the above request to fiscal year 2001-02 budget study will
be appreciated.
WHC:sm
Sincerely,
· Carder
Vice-Mayor
pc: Darlene L. Burcham, City Manager
N:\cksm l\Council. O l\Carcler~Cigarett e Tax.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #60-133-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35234-031901 accepting the Virginia Exile Grant
from the Department of Criminal Justice Services, in the amount of $72,191.00; and
authorizing execution of any required documentation on behalf of the City. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting, which was held on Monday, March 19, 2001.
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
James D. Grisso, Director of Finance
Barry L. Key, Director, Management and Budget
Frank S. Baratta, Budget Team Leader, Department of Management and Budget
N:\CKSHl~Agendas 2001~Con'esl). March 19, 2001 wpcl
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001.
No. 35234-031901.
A RESOLUTION accepting the Virginia Exile Grant offer made to the City by the
DepartmentofCfiminalJustice Services and authorizing execution ofanyrequired documentation
on behalfofthe City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the offer made to the City by the Department
of Criminal Justice Services of the Virginia Exile grant in the amount of $72,191, such grant being
more particularly described in the report of the City Manager, dated March 19, 2001, upon all the
terms, provisions and conditions relating to the receipt of such funds.
2. The City Manager and the City Clerk, are hereby authorized to execute, seal and
attest, respectively, the grant agreement and all necessary documents required to accept the grant,
including any documents providing for indemnification by the City that may be required for the
City's acceptance of this grant, all such documents to be approved as to form by the City Attorney.
3. The City Manager is further directed to furnish such additional information as may
be required by the Department of Criminal Justice in connection with the City's acceptance of this
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21, 2001
File #60-133-236
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35233-031901 amending and reordaining certain
sections of the 2000-2001 General and Grant Funds Appropriations, to provide for
appropriation of $72,191.00 and transfer of $8,021.00 in local matching funds, in
connection with acceptance of the Virginia Exile Grant from the Department of Criminal
Justice Services. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, March 19, 2001.
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Darlene L. Burcham, City Manager
Barry L. Key, Director, Management and Budget
Frank S. Baratta, Budget Team Leader, Department of Management and Budget
N:~CKSHl~Agendas 2001\Corresp. March 19, 2001
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2001.
No. 35233-031901.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
General and Grant Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 General and Grant Funds Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental
Transfers to Other Funds (1) ..................................
Contingency - General Fund (2) ................................
$ 66,229,827
66,709,017
291,326
Grant Fund
Appropriations
Judicial Administration $
DCJS Exile Grant CY 2001 (3-13) ..............................
754,06O
80,212
Revenues
Judicial Administration
DCJS Exile Grant CY 2001 (14-15) .............................
754,060
80,212
1) Transferto Grant Fund (001-250-9310-9535) $ 8,021
(8,021)
2) Contingency
3) Regular Employee
Salaries
4) ICMA - Retirement
5) FICA
6) Medical Insurance
(001-300-9410-2199)
(035-150-5141-1002)
(035-150-5141-1115)
(035-150-5141-1120)
(035-150-5141-1125)
55,094
3,698
4,215
2,520
7) Dental Insurance
8) Life Insurance
9) Disability Insurance
10) Advertising
11) Administrative
Supplies
12) Local Mileage
13) Other Rental
14) State Grant
15) Local Match
(035-150-5141-1126)
(035-150-5141-1130)
(035-150-5141-1131 )
(035-150-5141-2015)
(035-150-5141-2030)
(035-150-5141-2046)
(035-150-5141-3075)
(035-150-6141-5139)
(035-150-5141-5140)
2O2
441
132
5,000
1,250
1,66O
6,000
72,191
8,021
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect
from its passage.
City Clerk.
Office of the City Manager
March 19, 2001
Honorable, Mayor Ralph Smith, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: VIRGINIA EXILE GRANT
Background:
The Department of Criminal Justice Services (DCJS) has awarded the City of Roanoke a
grant in the amount of $72,191.00 for the calendar year 2001. The Grant for VIRGINIA
EXILE in 2001 will continue to provide the City of Roanoke with additional funding
resources to maintain the Commonwealth's emphasis on prosecuting the violent gun
carriers in the City. The EXILE Grant relates to the state laws, enacting in 1999, which set
minimum mandatory sentences for convicted felons who possess guns, individuals who
possess guns while possessing drugs, and people who bring guns on to school property
with the intent to use them. The City of Roanoke would use the funds to target those who
illegally possess and use firearms and to reduce the number of violent firearms crimes in
the City of Roanoke. This goal will be achieved through a unified effort of city, state, and
federal prosecutors and law enforcement agencies.
VIRGINIA EXILE funding will continue at least through 2002. Annual re-application for
funding will be required.
VIRGINIA EXILE in the City of Roanoke would continue to fund an experienced prosecutor
to oversee charges that arise from the Virginia EXILE legislation. Additionally, funding will
be applied to office materials, equipment, and a public awareness campaign.
Considerations:
The grant requires a cash match. To implement the VIRGINIA EXILE campaign in the
City of Roanoke in 2001, the City would provide local match funds of $8,021.00 from the
General Fund Contingency.
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.raanoke.va.us
Honorable Mayor and Members of Council
Page 2
March 19,2001
Recommended Action(s):
Adopt a resolution accepting the 2001 DCJS funds and authorizing the City Manager to
execute the requisite Grant Agreement, Funding Approval, and any other forms required
by DCJS on behalf of the City in order to accept such funds, said Agreement and forms to
be approved as to form by the City Attorney. Appropriate $80,212.00 as shown in
attachment 1 to accounts in the Grant Fund established by the Director of Finance and in
accordance with State grant requirements and establish a grant fund revenue estimate.
Transfer funding in the amount of $8,021.00. From General Fund Contingency (001-300-
9410-2199) to Transfer to Grant Fund (001-250-9310-9535).
Attachment: 1
Respectfully submitted,
Donald S. Cal~
Roanoke City Commonwealth Attorney
pc: City Manager
City Attorney
Director of Finance
Commonwealth's Attorney
#01-603
Attachment I
Program Accounts
1002
1115
1120
1125
1126
1130
1131
2015
2030
2046
3075
TOTAL
Regular Employee Salaries
ICMA - Retirement
FICA
Medical Insurance
Dental Insurance
Life Insurance
Disability Insurance
Advertising
Administrative Supplies
Local Mileage
Other Rental
$55,094.00
$3,698.OO
$4,215.00
$2,520.00
$2O2.00
$441.00
$132.00
$5,000.00
$1,250.00
$1,660.00
$6,000.00
$80,212.00
Office of the City Manager
March 19, 2001
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject: Acceptance of Funding for the Virginia Exile Grant (Council Report No. 01-
603)
I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney
for the City of Roanoke, with respect to the subject referenced above and recommend that City
Council accept funding from the Department of Criminal Justice Services in the amount of
$72,191.00 for the Virginia Exile Grant and provide a local match of $8,021.00.
Respectfully submitted,
Darlene L. Burchafla~
City Manager
C.'
Donald S. Caldwell, Commonwealth's Attorney
James D. Grisso, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoke,va.us
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
March 21, 2001
File #60-467
STEPHANIE M. MOON
Deputy City Clerk
Melinda J. Payne, Chair
Roanoke City School Board
301 Rutherford Avenue, N. W.
Roanoke, Virginia 24016
Dear Ms. Payne:
I am enclosing copy of Ordinance No. 35235-031901 amending and reordaining certain
sections of the 2000-2001 General, School and School Capital Projects Funds
Appropriations, to provide for appropriation of funds to various school accounts. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker,.CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Cindy H. Lee, Clerk, Roanoke City School Board
Barry L. Key, Director, Department of Management and Budget
N:\CKSHl~Agendas 2001\Corresp. Marc~ 19, 2001.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2001.
No. 35235-031901.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
General, School and School Capital Projects Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THERE. FORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 General, School and School. Capital Projects Funds
Appropriations, be, and the same are hereby, amended and reordained to read as follows,
in part:
General Fund
Appropriations
Nondepartmental $ 66,301,375
Transfers to Other Funds (1) ................................... 66,772,544
Fund Balance
Reserved for CMERP - Schools (2) .............................. $ 780,210
School Fund
Appropriations
Education $127,195,301
Facilities (3-6) .............................................. 69,022,609
Title I Winter, 124-01-1 (7-35) .................................. 3,!94,048
Governor's School 2000-01 (36-39) ............................. 1,407,936
Jobs for Virginia Graduates 2000-01 (40) ......................... 48,351
Revenues
Education
Nonoperating (41).
Title I Winter, 124-0'1'-i .......................................
(42) ...................................
Governor's School 2000-01 (43) ...............................
Jobs for Virginia Graduates 2000-01 (44) ........................
School Capital Projects Fund
Appropriations
Education
Fairview Elementary School Improvements (45) ...................
Fishburn Park Elementary School (46) ...........................
High School Feasibility Study (47) ..............................
Public Improvement Bonds - Series 1999 (48) .....................
$125,444,366
45,573,913
3,194,048
1,407,936
48,351
Revenues
Due from State - Literary Fund Loan - Fairview Elementary (49) ........ $
Due from State - Literary Fund Loan - Fishburn Park (50). ............
(001-250-9310-9530) $ 71,548
(001-3324) (71,548)
(030-060-6006-6302-0806)
(030-060-6006-6318-0801)
(030-060-6006-6681-0821)
(030-060-6006-6896-0851)
(030-060-6179-6000-0121)
(030-060-6179-6000-0124)
(030-060-6179-6000-0141 )
(030-060-6179-6000-0129)
(030-060-6179-6000-0204)
(030-060-6179-6000-0211)
(030-060-6179-6000-0614)
(030-060-6179-6000-0615)
(030-060-6179-6000-0602)
(030-060-6179-6200-0114)
16,737
25,455
1,560
27,796
(150,603)
57,061
50,533
29,417
48,137
20O
(5,059)
58,325
6,025
(66,443)
1) Transfer to School Fund
2) Reserved for CMERP -
Schools
3) Replacement-
Data Process Equipment
4) Replacement- Machinery
and Equipment
5) Additional - Machinery
and Equipment
6) Buildings
7) Compensation of Teachers
8) Compensation of
Supervisors
9) Compensation of Teacher
Aides
10) Supplements
11) Health Insurance
12) Attendance Bonuses
13) Educational and
Recreational Supplies
14) Other Operation Supplies
15) Food
16) Compensation of Directors
23,699,465
2,468,398
2,324,294
250,000
1,051,271
2,425,648
2,272,O44
17) Compensation of
Teachers
18) Compensation of
Supervisors
19) Supplements
20) Compensation of Other
Professionals
21) Compensation of Teacher
Aides
22) Indirect Costs
23) Maintenance and Service
Contracts
24) Field Trips
25) Testing/Evaluation/
Dissemination
26) Other Miscellaneous
Payments
27) Inservice Workshops
28) Office Supplies
29) New Operation Supplies
30) Additional - Machinery
and Equipment
31) Compensation of Teachers
32) Compensation of Nurses
33) Social Security
34) Field Trips
35) Food
36) Additional - Machinery
and Equipment
37) Electrical Service
38) Heating Services
39) Water and Sewer Services
40) Educational and
Recreational Supplies
41) Transfer from General Fund
42) Federal Grant Receipts
43) State Grant Receipts
44) Federal Grant Receipts
45) Appropriated from Literary
Fund Loan
46) Appropriated from Literary
Fund Loan
47) Appropriated from Bond
Funds - Series 1999
48) Public Improvement Bonds -
Series 1999
(030-060-6179-6200-0121)
(030-060-6179-6200-0124)
(030-060-6179-6200-0129)
(030-060-6179-6200-0138)
(030-060-6179-6200-0141)
(030-060-6179-6200-0212)
(030-060-6179-6200-0332)
(030-060-6179-6200-0583)
(030-060-6179-6200-0584)
(030-060-6179-6200-0586)
(030-060-6179-6200-0587)
(030-060-6179-6200-0601)
(030-060-6179-6200-0615)
(030-060-6179-6200-0821)
(030-060-6179-6449-0121 )
(030-060-6179-6449-0131 )
(030-060-6179-6449-0201 )
(030-060-6179-6449-0583)
(030-060-6179-6449-0602)
(030-060-6321-6346-0821)
(030-060-6321-6681-0511)
(030-060-6321-6681-0512)
(030-060-6321-6681-0513)
(030-060-6728-6351-0614)
(030-060-6000-1037)
(030-060-6179-1102)
(030-060-6321-1100)
(030-060-6728-1102)
(031-060-6056-6896-9006)
(031-060-6057-6896-9006)
(031-060-6061-6896-9010)
(031-060-9709-9182)
$ 9,330
(26,155)
56,717
2,354
366
(1,067)
3,492
7,770
(5,460)
54,670
4,201
2,525
222,400
15,000
20,533
28,536
1,570
477
(5,425)
33,960
10,000
5,000
2,000
1,000
71,548
419,427
50,960
1,000
68,992
28,710
250,000
(250,000)
49) Due from Literary Fund
Loan - Fairview
50) Due from Literary
Fund Loan - Fishburn
(031-1341) $ 68,992
(031-1343) 28,710
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
"~l Melinda J. Payne, Chairman Marsha W. Ellison Brian J. Wishneff
Sherman P. Lea, Vice Chairman Gloria P. Manns E. Wayne Harris, Ed.D., Superintendent
Charles W. Day Ruth C. Willson Cindy H. Lee, Clerk of the Board
Roanoke , r,
fCiry School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540~53-2381 · Fax: 540-853-2951
March 7, 2001
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
The School Board at its March 6 meeting voted to request the Roanoke
City Council to appropriate the following funds:
$68,992.00 to provide additional funds for carpet and floor tile
improvements to Fairview Elementary School. Funding will be provided
through a Literary Fund loan approved for the project.
$28,710.00 to provide additional funds for carpet and floor tile
improvements to Fishburn Park Elementary School. Funding will be provided
through a Literary Fund loan approved for the project.
$419,427.00 for the Title ! Winter program to provide remedial
reading, language arts, and mathematics instruction for students in targeted
schools. This continuing program will be reimbursed one hundred percent by
federal funds.
$50,960.00 for the 2000-01 Governor's School program to provide
instruction in science and math to high school students. This supplemental
appropriation represents additional State funds allocated to this continuing
program.
$1,000.00 for the Jobs for Virginia Graduates program to serve at least
25 economically disadvantaged students, providing classroom training and
work experience to assist the students to prepare for high school graduation
or to sit for the General Education Development (GED) examination. This
supplemental appropriation represents additional federal funds allocated to
this continuing program.
Preparing Students for Success
Members of Council
Page 2
March 7, 2001
$250,000.00 for the cost of architect fees in connection with the high
school renovation feasibility study. Funding will be provided from 1999 Bond
funds.
$71,548.00 from the 2000-01 Capital Maintenance and Equipment
Replacement Fund to provide monies for administrative technology requests,
for instructional equipment and systems, for the repair of a modular roof at
Horningside Elementary School, and for modular furniture and telephone
systems at selected elementary schools.
The Board appreciates the approval of this request.
Sincerely,
Cindy H. Lee, Clerk
re
CC:
Hs. Melinda ]. Payne
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Hr. Kenneth F. IVlundy
Mr. William L. Hurray
Mrs. Darlene L. Burcham
Mr. William M. Hackworth
Mr. ]ames D. Grisso
Mrs. Ann H. Shawver
(with accounting details)
JAMES D. GRISSO
Director of Finance
March 19, 2001
CITY OF ROANOKE'
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461'~:
R O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
JESSE A. HALL
Deputy Director
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Ralph K. Smith, Mayor
William H. Carder, Vice Mayor
William D. Bestpitch, Council Member
C. Nelson Harris, Council Member
W. Alvin Hudson, Jr., Council Member
William White, Sr., Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
We have reviewed the attached request to appropriate funding for the School Board.
This Report will appropriate the following:
$68,992.00 to provide additional funds for carpet and floor tile improvements to
Fairview Elementary School. Funding will be provided through a Literary Fund loan
approved for the project.
$28,710.00 to provide additional funds for carpet and floor tile improvements to
Fishburn Park Elementary School. Funding will be provided through a Literary Fund
loan approved for the project.
$419,427.00 for the Title I Winter program to provide remedial reading, language
arts, and mathematics instruction for students in targeted schools. This continuing
program will be reimbursed one hundred percent by federal funds.
$50,960.00 for the 2000-01 Governor's School program to provide instruction in
science and math to high school students. This supplemental appropriation represents
additional State funds allocated to this continuing program.
$1,000.00 for the Jobs for Virginia Graduates program to serve at least 25
economically disadvantaged students, providing classroom training and work
experience to assist the students to prepare for high school graduation or to sit for the
General Education Development (GED) examination. This supplemental appropriation
represents additional federal funds allocated to this continuing program.
Members of Council
March 19, 2001
Page 2
$250,000.00 for the cost of architect fees in connection with the high school
renovation feasibility study. Funding will be provided from 1999 Bond funds.
$71,548.00 from the 2000-01 Capital Maintenance and Equipment Replacement Fund
to provide monies for administrative technology requests, for instructional equipment
and systems, for the repair of a modular roof at Morningside Elementary School, and
for modular furniture and telephone systems at selected elementary schools.
We recommend that you concur with this request of the School Board.
Sincerely,
Director of Finance
JDG/JSY/pac
C~
Darlene L. Burcham, City Manger
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #60-237-330
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35237-031901 authorizing the City Manager's
issuance of Amendment I-A to the City's contract with Hayes, Seay, Mattern and Mattern,
Inc., for Phase II - Design and Phase III - Construction Administration for the Roanoke
River Flood Reduction Project - Utility Relocation Design, in the amount of $227,353.00. -
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
James D. Grisso, Director of Finance
Phillip C. Schirmer, City Engineer
J. Greg Reed, Project Manager
Barry L. Key, Director, Management and Budget
N:\CKSH f~Agendas 2001\Cormsp. March 19, 2001.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001. ~ ~ .
No. 35237-031901.
A RESOLUTION authorizing the City Manager's issuance of Amendment 1A to the City's
contract with Hayes, Seay, Mattem & Mattern, Inc. for Phase II - design and Phase III - construction
administration for the Roanoke River Flood Reduction Project - Utility Relocation Design.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager is authorized to execute for and on behalf of the City, in a form
approved by the City Attorney, Amendment lA to the City's March 18,1991, contract with Hayes,
Seay, Mattem & Mattern, Inc., for Phase II - design and Phase HI - construction administration for
the Roanoke River Flood Reduction Project - Utility Relocation Design, all as more fully set forth
in the letter to this Council dated March 19, 2001.
2. Amendment lA will provide authorization for additions in the work with an increase
in the amount of $227,353 to the contract, all as set forth in the above letter.
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #60-237-330
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35236-031901 amending and reordaining certain
sections of the 2000-2001 Capital Projects Fund Appropriations, to provide for transfer of
$240,000.00, in connection with Amendment I-A to the City's contract with Hayes, Seay,
Mattern and Mattern, Inc., for Phase II - Design and Phase III - Construction Administration
for the Roanoke River Flood Reduction Project - Utility Relocation Design. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
Phillip C. Schirmer, City Engineer
J. Greg Reed, Project Manager
Barry L. Key, Director, Management and Budget
N:\CKSHl~Agendas 2001\Con'esp March 19. 2001.w[x:i
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2001.
No. 35236-031901.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Ao_oror)riations
Flood Reduction
Roanoke River Flood Reduction (1) ..............................
Roanoke River Utility Relocation (2) ..............................
1) Appropriated from
General Revenue
2) Appropriated from
General Revenue
(008-056-9620-9003)
(008-530-9765-9003)
$ (240,000)
240,000
$14,256,118
4,998,868
240,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
'~,i~ i~ice of the City Manager
March 19, 2001
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Roanoke River Flood Reduction Project
Amendment to Contract for Utility Relocation Design
On June 25, 1990, the City executed a Local Cooperation Agreement with the Army
Corps of Engineers to construct this project. In this Agreement, the City agreed to
relocate all City owned utilities, streets and other facilities necessary to construct the
Roanoke River Flood Reduction Project (Project) at 100% City expense.
On March 18, 1991, the City entered into a contract with the engineering consulting firm
of Hayes, Seay, Mattern & Mattern, Inc., 1315 Franklin Road, S.W., Roanoke, Virginia
24016, for work consisting of three phases, which were planning, design and
construction administration for all City owned utility relocations required by this Project
(Consultant Contract). Phase I (Planning) was to be the basis for determining the scope
of work needed for the other two phases. Shortly after entering into a contract for the
preliminary phase of this work, the flood reduction Project was placed on hold, primarily
due to environmental issues, which were not resolved until 1997. Currently, the Corps
is completing the construction plans for this Project, and certain utility, street and other
facility conflicts have been identified which must be relocated prior to construction.
Phase I (planning) of the Consultant Contract has been completed.
The balance of the Consultant Contract work (Phase II - Design and Phase III -
Construction Administration) is now ready to proceed, and a detailed contract
amendment setting forth the scope of Phase II and Phase III and updating certain
contract terms has been prepared with Hayes, Seay, Mattern & Mattern, Inc. for the
remaining design and construction administration for this Project. The cost of this work
is $227,353. Funding is available in existing Capital Project account number 008-056-
9620 "Roanoke River Flood Reduction". The estimated cost for the construction of the
relocations included in this Project is $1.5 million.
Room 364 Municipal South 2t5 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci,roanake.va,us
Roanoke River Flood Reduction Project
Amendment to Contract for Utility Relocation Design
March 19, 2001
Page 2
Recommended Action:
City Council authorize the City Manager to execute a contract amendment for the above
services with Hayes, Seay, Mattern & Mattern, Inc. for City owned utility relocation on
the Roanoke River Flood Reduction Project, in a form acceptable to the City Attorney,
for a contract price of $227,353. Authorize the Director of Finance to transfer $240,000
from the Capital Project account number 008-056-9620 to an account entitled "Roanoke
River Utility Relocation" to fund the amendment and provide a $12,647 contingency
fund.
Respectfully submitted,
City Manager
DLB/JGR/bls
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
#CM01-0015
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
March 21,2001
File #386
STEPHANIE M. MOON
Deputy City Clerk
Fred Walters
Senior Corporate Account Manager
Verizon Virginia
5415 Airport Road, N. W.
Roanoke, Virginia 24012
Dear Mr. Walters:
I am attaching copy of Resolution No. 35238-031901 finding that the Iow bidder did not
provide a responsive bid and accepting the bid of Verizon Virginia to provide local
telephone service, in the amount of $55,395.66, upon certain terms and conditions; and
authorizing the proper City officials to execute the requisite contract for such services. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, March 19, 2001.
Sincerely, ~
Mary F. Pa~rker, CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
D. Darwin Roupe, Director, General Services
Robert L. White, Manager, Purchasing Department
Barry L. Key, Director, Management and Budget
N:\CKSHI~Ager~Ia$ 2001\Corresp March 19, 2001 wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
March 22, 2001
File #386
STEPHANIE M. MOON
Deputy City Clerk
Michael McAIlister, Account Executive
KMC Telecom
First Union Tower
10 South Jefferson Street
Roanoke, Virginia 24011
Jamie Ferguson, General Manager
Adelphia
111 Franklin Road, S. W.
Roanoke, Virginia 24011
Gentlemen:
I am enclosing copy of Resolution No. 35238-031901 finding that the Iow bidder did not
provide a responsive bid and accepting the bid of Verizon Virginia to provide local
telephone service, in the amount of $55,395.66, upon certain terms and conditions; and
authorizing the proper City officials to execute the requisite contract for such services. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, March 19, 2001.
On behalf of the Mayor and Members of Roanoke City Council, I would like to express
appreciation for submitting your bid on the abovedescribed service.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:hek
Enclosure
N:lCKSHl~Agendas 2001\Corresp. Ma~c~119, 2001.wlXl
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #5-60
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35240-031901 authorizing the City Manager's
issuance of Change Order No. 9 to the City's contract with Thor, Inc., for removal of
streetscapes for the New Police Building Project, in the amount of $30,300.00. The above-
referenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc~
James D. Grisso, Director of Finance
Barry L. Key, Director, Management and Budget
D. Darwin Roupe, Director, General Services
Robert K. Bengtson, Director, Public Works
Phillip C. Schirmer, City Engineer
L. Bane Coburn, Project Manager
N:\CKSHl~Agendas 2001\Cor~esp. March 19, 2001.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of btarch, 2001.
No. 35260-031901.
AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 9 to the
City's contract with Thor, Incorporated for the removal of streetseapes for the New Police Building
Project; and providing for an emergency.
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. 9 to the City's contract with Thor, Incorporated for
the removal of streetseapes for the New Police Building Project, all as more tully set forth in the letter
to this Council dated March 19, 2001.
2. This Change Order will provide authorization for additions in the work with an increase
in the amount of $30,300 to the contract, all as set forth in the above letter.
3. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in tull force and effect upon its passage.
ATTEST:
City Clerk.
Office of the City Manager
March 19, 2001
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Change Order No. 9
New Police Building
348 West Campbell Avenue
Roanoke, Virginia
The City of Roanoke received bids for this project on December 22, 1999. Six (6) bids were
received with Thor, Incorporated, 3313 Plantation Road, N.E., Roanoke, Virginia 24012,
submitting the Iow bid in the amount of $4,335,000 and 390 consecutive calendar days for
construction time. The amount of the Iow bid exceeded available funding. After negotiation,
the revised bid was accepted in the amount of $4,015,200 with no change in construction
time.
One of the items addressed in the negotiation was the removal of the streetscapes from the
contract amount for a savings of $30,300. The Streets and Traffic Division agreed to do this
part of the construction.
This work includes detailed masonry enhancements that are more appropriately handled by
contract work rather than City forces. However, Public Works will fund this work out of its
concrete replacement account. It isproposed that this work be added to the existing contract
by a change order in the amount of $30,300.
The total contract amount, including Change Order No. 9, is $4,204,707.50.
Recommended Action:
Authorize the City Manager to execute Change Order No. 9 with Thor, Incorporated, in the
amount of $30,300 and zero additional calendar days of contract time.
Authorize the Director of Finance to transfer $30,300 from Sidewalk & Curbs Phase V-A
account number 008-052-9608-9001 to Police Building Streetscape account number
008-530-9770.
~~...~ ~...~tfully submitted,
Darlene L,.,,B~,u rc_~m
City Manager
DLB/LBC/bls
C:
Ma.ry F. Parker, City Clerk
Wilham M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591
CityWeb:www. ci.roanoke.va.us
(540) 853-2333
#CM01-0020
FAX (540) 853-1138
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #5-60
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35239-031901 amending and reordaining certain
sections 0f the 2000-2001 Capital Projects Fund Appropriations, to provide for transfer of
$30,300.00, in connection with issuance of Change Order No. 9 to the City's contract with
Thor, Inc., in connection with removal of streetscapes for the new Police Building Project.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Management and Budget
D. Darwin Roupe, Director, General Services
Robert K. Bengtson, Director, Public Works
Phillip C. Schirmer, City Engineer
L. Bane Coburn, Project Manager
N:~CKSHl~Agendas 2001\Corresp. Marct119, 2001.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2001.
No. 35239-031901.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Streets and Bridges $ 26,225,931
Sidewalk and Curbs Phase V-A (1) ..............................
Police Building.Streetscape (2) .................................
1) Appropriated from
1999 Bonds
2) Appropriated from
1999 Bonds
(008-052-9608-9001)
(008-530-9770-9001)
$ (30,300)
30,300
674,050
30,300
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance'shall
be in effect from its passage.
ATTEST:
City Clerk.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
March 21,2001
File #67-367
STEPHANIE M. MOON
Deputy City Clerk
Kenneth L. Wyant
t/a Wyant Construction Co.
329 Brushy Mountain Rs.
Gretna, Virginia 24557
Dear Mr. Wyant:
I am enclosing copy of Ordinance No. 35241-031901 amending Ordinance No.
35208-020501 to set forth the correct name of the entity being awarded the bid for
remodeling seven City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith
and CrYstal Springs), to be in compliance with the Americans with Disabilities Act
requirements. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 19, 2001.
Sincerely,
MarY F. Parker,.CMC
City Clerk
MFP:sm
Enclosure
pc:
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
Wanda B. Reed, Acting Director, Parks and Recreation
Philip C. Schirmer, City Engineer
L. Bane Coburn, Project Manager
D. Darwin Roupe, Director, General Services
N:\CKSHl~Agendas 2001\CoITesp. Marctl 19, 2001.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of ~'Iarch, 2001.
hlo. 35241-031901.
AN ORDINANCE amending Ordinance No. 35208-020501 to set forth the correct name of
the entity being awarded the bid for remodeling seven City park shelters (Thrasher, Golden, Fallon,
Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities
Act requirements; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Ordinance No. 35208-020501 is hereby amended to set forth the correct name of the
entity being awarded the bid for remodeling seven City park shelters (Thrasher, Golden, Fallon,
Wasena, Strauss, Smith and Crystal Springs) to be in compliance with the Americans with Disabilities
Act requirements.
2. The correct name of the entity being awarded the bid is Kenneth L. Wyant, t/a Wyant
Construction Co. and all references in Ordinance No. 35208-020501 to Wyant Construction
Company, Inc. are hereby amended to read Kenneth L. Wyant, t/a Wyant Construction Co., all as
more fully set forth in the March 19, 2001, letter of the City Manager to this Council.
3. As amended, Ordinance No. 35208-020501 awarding the bid for the above work to
Kenneth L. Wyant, t/a Wyant Construction Co. and authorizing the City Manager to sign a contract
for such work is hereby affirmed and remains in full force and effect.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Office of the City Manager
March 19, 2001
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Revision to Council Letter No. 01-102
(Bid Committee Report, Remodel Park Shelters for
ADA Compliance, Bid No. 00-09-01)
On February 5, 2001, City Council authorized the City Manager to enter into a
contractual agreement with Wyant Construction Company, Inc. for remodeling seven
City park shelters (Thrasher, Golden, Fallon, Wasena, Strauss, Smith and Crystal
Springs) to be in compliance with the Americans with Disabilities Act requirements. The
Council Letter and Bid Committee Report of February 5, 2001, inadvertently listed
Wyant Construction Company, Inc. as the entity to be awarded the contract, which was
not the correct legal name.
After sending the contract to the contractor for signatures, Mr. Kenneth L. Wyant called
and informed Engineering staff that he is a sole proprietor, and not a company. After
making several telephone calls and obtaining a copy of Mr. Wyant's contractor's license,
it was determined that the correct legal name to be used for this contract is Kenneth L.
Wyant, t/a Wyant Construction Co.
Funding in the amount of $113,000.00 has been transferred to a new Capital Projects
Fund account entitled "Remodel Park Shelters for ADA Compliance".
Recommended Action:
Amend Ordinance No. 35208-020501, adopted February 5, 2001, to set forth the
correct name of the entity awarded the contract for the above project.
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci,roanoke.va.us
Honorable Mayor and Members of Council
March 19, 2001
Page 2
Affirm the acceptance of the bid of Kenneth L. Wyant, t/a Wyant Construction Co. and
award a lump sum contract as described in Council Letter No. 01-102 (copy attached)
with Kenneth L. Wyant, t/a Wyant Construction Co. in the amount of $98,950.00 and 75
consecutive calendar days of contract time. Authorize the City Manager to enter into a
contractual agreement for the same, in a form approved by the City Attorney.
Respectfully submitted,
City Manager
DLB/LBC/bls
C;
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
D. Darwin Roupe, Director of General Services
CM01-0022
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #91-514
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
Your communication in connection with boundary line adjustment for Gates Lane, N. E.,
was before the Council of the City of Roanoke at a regular meeting, which was held on
Monday, March 19, 2001.
On motion, duly seconded and adopted, Council concurred in the recommendation.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
pc:
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant Manager for Community Development
Evelyn S. Lander, Director, Planning and Code Enforcement
William M. Hackworth, City Attorney
N:\CKSHl~Agendas 2001\Corresp, March 19, 2001 .wpd
Office of the City Manager
March 19, 2001
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject: Boundary Line Adjustment - Gates Lane, NE
Background:
Since 1996, there have been unresolved issues regarding access and public
services for 12 parcels of land located on Gates Lane, N.E., within the City of
Roanoke. Access to Gates Lane in the City is only by way of Gates Lane, in the
Town of Vinton, which is a private road. In the past, there has been difficulty in
responding to emergencies, as the City must travel through Vinton to respond.
The City has provided refuse service, but by way of the private street. Refuse
trucks have not been able to negotiate the narrow street and occasionally have
caused damage to the street. The City schools have provided individual pick up
by car for one student in order to provide transportation to a City school. In 1997
and 1998, the City denied a subdivision of a 19.2 acre parcel owned by Mr. Mike
Henderson due to the inadequate access provided by Gates Lane (private road).
Mr. Henderson and Mrs. Carrell (805 Gates Lane) have both made inquiries as to
the possibility and potential of adjusting the corporate boundary to relocate these
12 properties into the Town of Vinton. It is our understanding that location of this
property at the end of a private road or lane will prohibit subdivision of the
property, regardless of which jurisdiction it is located within.
Section 16.2-3106, Code of Virginia, as amended, states that wherever any two
or more localities wish to relocate or change the boundary line between them, the
governing bodies of such localities may, by agreement, establish, relocate or
change such boundary line between them. Accordingly, in this instance, the
three local governments (the City and County of Roanoke and the Town of
Vinton) must be partners in any boundary adjustment agreement.
Before adopting an agreement, each governing body is required to properly
advertise its intention to approve such an agreement. Following publication of its
intent to enter into such an agreement, each party of the agreement must hold at
least one public hearing on the agreement prior to its adoption. Within a
reasonable time after a voluntary boundary agreement is adopted by the three
parties, each locality shall petition the Circuit Court for one of the affected
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci, roanoke.va, us
Honorable Mayor and Members of Council
March 19, 2001
Page 2
localities to approve the boundary agreement. A plat must be provided depicting
the change in the boundaries of the locality or a metes and bounds description of
the new boundary line of the locality. Costs shall be awarded as the Court may
determine.
It is the opinion of the City Attorney that since the City is relinquishing its land,
the City should expect Roanoke County and the Town of Vinton to bear all of the
expense of preparing the necessary agreements, surveys, advertising costs, and
costs of petitioning the Circuit Court. In the City Attorney's experience, these
voluntary annexations are time consuming and would be subject to U.S. Justice
Department approval under the Voting Rights Act and may have to be reviewed
by the Council of Local Governments.
Considerations:
The proposed boundary line adjustment would involve 12 properties and a total
land area of 33.29 acres. The total assessed value of those 12 properties is
$480,400. The combined annual tax revenue is $5,725.23.
In the year 2000, the City spent $9,929.00 collecting refuse and the City school
system spent $4,835.00 providing transportation to one student to attend
Roanoke public schools.
Recommended Action:
Authorize the City Manager to inquire as to the adjoining municipalities' intention
and support of a boundary line adjustment to include the 12 parcels identified in
Attachments 1 and 2.
Authorize City Manager and City Attorney to review and report to City Council
any agreement developed with the other jurisdiction(s) to adjust the current
boundary.
DLB:mpf
C;
Respectfully submitted,
Darlene L. B~~
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
CM01-0025
Honorable Mayor and Members of Council
March 19, 2001
Page 3
Tax No. Owner Address Area Value Annual
Taxes
7020103 George and 735 Gates 0.68 ac.
Rebecca Lane
Richards 67,100 815.26
7020104 Manning & Vacant 0.94 ac.
Henderson Gates Lane 10,000 121.50
7020105 Randle & FIo Vacant 1.88 ac.
Carrell Gates Lane 13,000 157.95
7020106 Randle & FIo Vacant 1.66 ac.
Carrell Gates Lane 13,000 157.95
7020107 Randle & FIo Vacant 0.90 ac.
Carrell Gates Lane 3,500 42.52
7020108 Randle & FIo Vacant 0.38 ac.
Carrell Gates Lane 1,500 18.22
7020109 Randle & FIo 805 Gates 0.30 ac.
Carrell Lane 78,200 838.52
7020110 Laura A. 740 Gates 1.10 ac.
Brown Lane 79,000 959.85
7020111 Michael 732 Gates 19.15 ac.
Henderson Lane 125,200 1,521.18
7020112 Meador & 806 Gates 3.93 ac.
Meador Lane 67,400 818.91
7020113 Willie & Vacant 1.45 ac.
AIlene Gates Lane
Meador 11,000 133.65
7020114 Wilbert & Vacant 0.92 ac.
Frances Gates Lane
Manning 11,500 139.72
33.29 ac. $480,400 $5,725.23
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #20-514
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35243-031901 authorizing the City Manager to
submit a street inventory for State maintenance payment eligibility to the Virginia
Department of Transportation, upon forms prescribed by the Department of Transportation
for approval by the Commonwealth Transportation Board, to ensure the City's eligibility for
State street maintenance funds. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, March 19,
2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
James D. Grisso, Director of Finance
Robert K. Bengtson, Director, Public Works
Kenneth H. King, Jr., Manager, Streets and Traffic
N:\CKSHI~Aoendas 2001\Corresp. March 19, 2001 wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2001.
No. 35243-031901.
A RESOLUTION authorizing the City Manager to submit a street inventory for State
maintenance payment eligibility to the Virginia Department of Transportation (VDOT), upon
forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in
order to ensure the City's eligibility for State maintenance funds.
WHEREAS, the Code of Virginia (1950), as amended, establishes eligibility criteria
for localities for receiving funds from VDOT for street maintenance purposes; and
WHEREAS, inventory additions are required to be submitted to VDOT in order to be
eligible for payment.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager is authorized to submit inventory additions to VDOT for approval by the
Commonwealth Transportation Board in order to ensure the City's eligibility for State street
maintenance funds, as set forth in the City Manager's report dated March 19, 2001, and its
attachment.
ATTEST:
City Clerk.
H:\RES\R-StMaln-VDOT-$- 19-01
Office of the City Manager
March 19, 2001
Honorable Ralph K. Smith, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject: Street Inventory for State Maintenance Payment Eligibility
Background:
Section 33.1 -41.1 of the Code of Virginia establishes the eligibility criteria of localities
for receiving funds from the Virginia Department of Transportation (VDOT) for street
maintenance. It specifies two functional classifications of roadways (Principal/Minor
Arterials and Collector/Locals) and establishes a base payment rate per lane mile for
each classification or roadway. These rates are adjusted annually by VDOT based
upon a statewide maintenance index of unit costs for labor, equipment and materials
used by VDOT on roads and bridges.
City eligibility for fiscal year 2000-2001 is approximately $8,347,949 in street
maintenance payments from VDOT. These funds are used for eligible maintenance
expenditures that the City incurs for streets, sidewalks, curb and gutter, traffic signals
bridges, signs and pavement markings.
Considerations:
City staff has found that the attached list of streets should be submitted to VDOT to
enable their eligibility for payment in the next fiscal year. Approval of these additions
and deletions to the street inventory is expected to increase the street maintenance
payments to the City by approximately $4,000 at current year payment rates. VDOT
has agreed to take on the maintenance responsibilities of Frontage Road; therefore, it is
included in this action as a deletion from the City system.
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 ,~540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoke.va.us
Street Inventory for State Maintenance Payment Eligibility
Page 2
March 19, 2001
Recommended Action:
City Council authorize the City Manager to submit the attached list of streets to the
Virginia Department of Transportation for approval by the Commonwealth
Transportation Board to enable State Maintenance Payment eligibility.
Respectfully submitted,
City Manager
DLB/KHK/gpe
Attachment 1
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
CM01-0026
Form U- 1
(Rev. 1-1-87)
URBAN DIVISION
VDOT
Request for Street Additions or Deletions
For Municipal Assistance Payments
Section 33.1 - 41.1
Code of Virginia
Additions
Page 1 of 1
MUNICIPALITY: City of Roanoke
Street Name R/W Pavement Center- Func.
Termini Width Width Line Number Lane Class.
Ronte Number From To (Feet) (Feet) Miles Of Miles (ZeD USE
Lanes ONLY)
Kay Street, N.W. Woodbridge Ave. Dead End 50 30 0.09 2 0.18
Quail Dr., N.W. Kay St. Temple Drive 50 30 0.26 2 0.52
Clinton Circle, N.W. Quail Dr. Dead End 50 30 0.04 2 0.08
Temple Dr., N.W. Airview Rd. Dead End 50 30 0.09 2 0.18
Rosewalk Lane, S.E. Mt. Pleasant Blvd. Dead End 50 30 0.28 2 0.56
Hidden Oak Rd., S.W. Lee Hi Rd. Dead End 50 24 0.10 2 0.20
Chestnut Oak Rd., S.W. Hidden Oak Rd. Dead End 50 24 0.10 2 0.20
Ordway Dr., N.W. Hershberger Rd. Femdale Dr. 50 30 0.20 2 0.40
Pinnacle Ridge Rd., N.E. Belle Ave. Dead End 50 30 0.27 2 0.54
Sunrise Ridge Rd., N.E. Pinnacle Ridge Rd. Dead End 50 30 0.06 2 0.12
Extension from
Eugene Dr., N.W. existing Eugene Dr. Melrose Ave. 50 30 0.32 2 0.64
5.a.7.
Deletions
Street Name R/W Pavement Center- Func.
Termini Width Width Line Number Lane Class.
Ronte Number From To (Feet) (Feet) Miles Of Miles (Tm USE
Lanes ONLY)
Frontage Rd., N.W. Highland Farm Rd. Peters Creek Rd. 50 19 0.90 2 1.80
Signed:
Darlene Burcham, City Manager
Date
Signed:
Classified By:
Resident Engineer
Date
TPD Engineer Date
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #60-246
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35244-031901 amending and reordaining certain
sections of the 2000-2001 Consortium Fund Appropriations, to provide for appropriation
of $22,000.00 in connection with funding for the Fifth District Employment and Training
Consortium. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
Glenn Radcliffe, Director, Human Services
Vickie Price, Executive Director, Fifth District Employment and Training Consortium
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2001.
No. 35244-031901.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
Consortium Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 Consortium Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Fifth District Employment & Training Consortium $ 4,277,869
Drug Court Placement (1-6) ................................... 22,000
Revenues
Fifth District Employment & Training Consortium $ 4,277,869
Drug Court Placement (7) .................................... 22,000
1) Wages
2) Fringes
3) Communications
4) Supplies
5) Miscellaneous
6) Support Services
7) Drug Court placement
(034-633-2195-8350) $ 16,000
(034-633-2195-8351) 3,950
(034-633-2195-8353) 500
(034-633-2195-8355) 500
(034-633-2195-8360) 800
(034-633-2195-8461 ) 250
(034-633-2195-2159) 22,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from-its passage.
City Clerk.
Office of the City Manager
March 19, 2001
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Funding for the Fifth District Employment and Training Consortium
Background
The Fifth District Employment and Training Consortium (FDETC) administers the
federally funded Workfome Investment Act (WlA) for the region, which encompasses
the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke as well as the cities
of Clifton Forge, Covington, Roanoke and Salem. The agency's client population is
primarily economically disadvantaged individuals as determined by household income
guidelines set by the U.S. Department of Labor.
The City of Roanoke is the grant recipient and fiscal agent for FDETC funding, thus,
City Council must appropriate the funding for all grants and other monies the FDETC
receives.
Family Services of Roanoke Valley has signed an agreement with the FDETC which
provides funding for job search and placement services to clients referred to the
FDETC by the Drug Court. Family Services of Roanoke Valley will pay $250.00 per
client served for the period January 1, 2001 to December 31, 2001. Funding will be
provided for a population of up to 88 persons or a maximum of $22,000.00 for the
agreed upon period. (Under previous contracts, the FDETC has served 85 to 90
individuals annually, with an average placement rate of 53% and a wage rate of
approximately $7.27 per hour).
Considerations
Action by City Council is necessary to ensure that existing activities continue and
planned programs are implemented. Funds to support this activity are available from
the Grantor agency and other sources as indicated, at no additional cost to the City.
Further, immediate action will allow transition activities to be implemented and
completed within planned time frames.
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoke.va,us
Honorable Mayor and Members of Council
March 19, 2001
Page 2
Recommended Action(s)
Appropriate the FDETC's funding totaling $22,000 and increase the revenue estimate
by $22,000 in accounts to be established in the Consortium fund by the Director of
Finance.
Respectfully s~.
City Manager
DLB:WC
C;
Mary Parker, City Clerk
James Grisso, Director of Finance
William Hackworth, City Attorney
George Snead, Assistant City Manager for Community Development
Glenn Radcliffe, Director of Human Services
Vickie Price, FDETC Executive Director
#01-412
IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA
The 19th day of March, 2001.
No. 35238-031901.
A RESOLUTION finding that the low bidder did not provide a responsive bid and accepting the bid
of Verizon Virginia to provide local telephone service, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the requisite contract for such services; and
rejecting all other bids made to the City for the service.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The low bidder took exceptions to providing four (4) digit dialing to all City locations and
providing a contingency plan for Public Safety Departments as specifically requested in the bid. Also, low
bidder's references did not have ISDN Centrex services or equipment which was a requirement of the
speficications. The low bidder did not submit a bid which conformed in all material respects to the invitation
to bid and was thus nonresponsive.
2. The next low bid, on file in the Purchasing Department, of Verizon Virginia to provide local
telephone service at $55,395.66 per month as is set forth in the letter to this Council dated March 19, 2001,
such bid being in full compliance with the City's specifications made therefor and as provided in the contract
documents to be offered to such proposer, be and is hereby ACCEPTED.
3. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute
and attest, respectively, the requisite contract with the successful bidder, based on its bid made therefor and
the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney.
4. Any and all other bids made to the City for the aforesaid service are hereby REJECTED, and
the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid.
ATTEST:
City Clerk.
Office of the City Manager
March 19, 2001
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Bids for Local Telephone Service
Bid #00-10-41
Background:
Current management responsibility for City-wide telecommunications resides within the
Department of Technology. The Roanoke City's school division local dial tone phone
services are also managed by the City's Department of Technology. Our type of
telephone service, Centrex, among other requirements, dictates the need for four (4)
digit dialing, departmental transfer, conference call and speed dial capabilities, paging
access, and voice mail among City departments and schools.
The City issued an invitation for bid for local telephone service on October 25, 2000 and
the current contract for local telephone service with Verizon Virginia expired on
November 26, 2000.
Considerations:
Three (3) bids were received and evaluated in a consistent manner. Telcom
Management Group (TMG) assisted the City bid committee in the evaluation of all
responses received. TMG has no association with the responding firms.
The Iow bidder took exceptions to providing four (4) digit dialing to all City locations and
providing a contingency plan for Public Safety Departments as specifically requested in
the bid. Also, the Iow bidder's references did not have ISDN Centrex services or
equipment which was a requirement of the specifications. The Iow bidder did not
submit a bid which conformed in all material respects to the invitation to bid and was
thus nonresponsive.
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoke.va.us
The Honorable Mayor and Members of Council
March 19, 2001
Page 2
Verizon Virginia was the next Iow bidder and is a responsive bidder. Verizon Virginia is
our current provider, and its proposed rate would be a cost savings of $9,000 per month
less than the current rate.
Recommended Action:
Authorize the City Manager to enter into a contract with Verizon Virginia at a cost of
$55,395.66 per month for a period of one (1) year with the option to renew for an
additional one (1) year period. Funding is available in operating accounts to cover the
cost of the contract.
Respectfully submitted,
City Manager
DLB: bdf
C:
City Clerk
City Attorney
Director of Finance
Director of Technology
Manager, Purchasing Department
Office of Management & Budget
CM01-0016
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
March 21,2001
File #60-305
Stephanie M. Moon
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35245-031901 amending and reordaining certain
sections of the 2001-2002 Roanoke Valley Detention Commission Fund Appropriations,
to provide for appropriation of funds for the operating budget of the Roanoke Valley
Detention Commission for fiscal year 2002. The abovereferenced measure was adopted
by the Council of the City of Roanoke at a regular meeting which was held on Monday,
March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
John Chambliss, Chair, and Members of the Roanoke Valley Detention Commission
Darlene L. Burcham, City Manager
Jesse A. Hall, Treasurer, Roanoke Valley Detention Commission
Barry L. Key, Director, Management and Budget
N:\CKSHl~Agendas 2001\Corresp. March 19, 2001.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2001.
No. 35245-031901.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
Roanoke Valley Detention Commission Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the
City of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2001-2002 Roanoke Valley Detention Commission Fund
Appropriations, be, and the same are hereby, amended and reordained to read as follows,
in part:
Appropriations
Operating
Personal Services (1-3) ......................................
Fringe Benefits (4-13) ........................................
Contractual Services (14-15) ..................................
Other Charges (16-46) .......................................
Recovered Costs (47) .........................................
Capital Outlay (48) ..........................................
$ 4,354,788
2,627,925
717,143
175,000
799,720
15,000)
50,000
Non-Operating
Interest Expense (49) ........................................
Depreciation Expenses (50) ...................................
$ 738,253
379,920
358,333
Revenues
Operating
Federal (51) ...............................................
Grants-In-Aid Commonwealth (52) ..............................
Charges for Services (53-57) ..................................
$ 5,093,041
55,000
1,873,102
3,164,939
1) Regular Employee Salaries (011-632-3370-1002)
2) Overtime Wages (011-632-3370-1003)
3) Temporary Employee Wages (011-632-3370-1004)
4) Retirement (011-632-3370-1105)
$ 2,407,925
40,000
180,000
153,177
5) ICMA Match
6) FICA
7) Medical Insurance
8) Dental Insurance
9) Retiree Supplemental to 65
10) Life Insurance
11) Disability Insurance
12) Unemployment Wages
13) Termination Leave Wages
14) Maintenance Contracts
15) Fees for Professional
Services
16) Advertising
17) Telephone
18) Telephone-Cellular
19) Electric
20) Natural Gas
21) Water and Sewage
22) Utilities - Other
23) Administrative Supplies
24) Housekeeping Supplies
25) Expendable Equipment
(<3,500)
26) Motor Fuels and Lubricants
27) Publications
and Subscriptions
28) Dues and Memberships
29) Training and Development
30) Local Mileage
31) Maintenance Equipment
32) Food
33) Medical
34) Wearing Apparel
35) Program Activities
36) Printing
37) Kitchen Supplies
38) Detainee Hygiene Supplies
39) Employee Tuition
40) Detainee Medications
41) Detainee Clothing
42) Detainee Linens
43) Employee Physicals
44) Employee Drug Screening
45) Postage
46) Insurance
47) Reimbursements
48) Other Equipment
49) Interest Expense
50) Depreciation Expense
(011-632-3370-1116)
(011-632-3370-1120)
(011-632-3370-1125)
(011-632-3370-1126)
(011-632-3370-1127)
(011-632-3370-1130)
(011-632-3370-1131)
(011-632-3370-1145)
(011-632-3370-1150)
(011-632-3370-2005)
(011-632-3370-201 O)
(011-632-3370-2015)
(011-632-3370-2020)
(011-632-3370-2021)
(011-632-3370-2022)
(011-632-3370-2024)
(011-632-3370-2026)
(011-632-3370-2029)
(011-632-3370-2030)
(011-632-3370-2032)
(011-632-3370-2035)
(011-632-3370-2038)
(011-632-3370-2040)
(011-632-3370-2042)
(011-632-3370-2044)
(011-632-3370-2046)
(011-632-3370-2048)
(011-632-3370-2060)
(011-632-3370-2062)
(011-632-3370-2064)
(011-632-3370-2066)
(011-632-3370-2075)
(011-632-3370-2101 )
(011-632-3370-2103)
(011-632-3370-2105)
(011-632-3370-2106)
(011-632-3370-2108)
(011-632-3370-2109)
(011-632-3370-2110)
(011-632-3370-2111)
(011-632-3370-2160)
(011-632-3370-3020)
(011-632-3370-8005)
(011-632-3370-9015)
(011-632-3371-3841 )
(011-632-3372-9100)
$ 46,800
188,632
226,800
18,166
2,520
19,263
6,785
30,000
25,000
15,000
160,000
10,000
20,000
1,200
120,000
40,000
15,120
1,500
15,000
40,000
7,000
2,500
1,000
1,000
15,000
1,000
37,000
300,000
15,000
3,000
16,000
5,000
20,000
17,400
8,000
30,000
7,500
4,300
5,200
1,500
4,000
35,500
(15,000)
50,000
379,920
358,333
51) USDA
52) State Block Grant
53) City of Roanoke
54) Roanoke County
55) City of Salem
56) Franklin County
57) Botetourt County
(011-110-1234-0660)
(011-110-1234-0718)
(011-110-1234-0816)
(011-110-1234-0820)
(011-110-1234-0826)
(011-110-1234-0831 )
(011-110-1234-0832)
$ 55,O0O
1,873,102
1,614,119
791,235
379,793
316,494
63,298
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
JAMES D. GRISSO
Director of Finance
March 19, 2001
CITY OF ROANOKE
DEPARTMEN~.~0F FINANCE
215 Church Avenue, S.W., Room 461
P. O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
JESSE A. HALL
Deputy Director
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Council Members:
The Department of Finance provides accounting, payroll and retirement services for the
Roanoke Valley Detention Commission. The Roanoke Valley Detention Commission recently
adopted an operating budget for fiscal year 2002. Fiscal year 2002 will be the first full year of
operation of the completed facility as Phase II construction is scheduled for completion in June
2001. The budget and per diem rate for services provided are for City Council's information in
accordance with the multiju risdictional service agreement. This budget needs to be appropriated
within the City's accounting system in order for the City to properly administer accounting
services.
We recommend City Council adopt the attached ordinance appropriating the Commission's
operating budget for fiscal year 2002. I would be pleased to answer questions.
Sincerely,
Director of Finance
JDG/JAH:s
Attach ments
C~
John Chambliss, Chairperson, Roanoke Valley Detention Commission
Jesse A. Hall, Treasurer, Roanoke Valley Detention Commission
Honorable Mayor and Members
of City Council
March 19, 2001
Page 2
Forest Jones, Member, Roanoke Valley Detention Commission
Bonnie Newlon, Member, Roanoke Valley Detention Commission
Ned McEIwaine, Member, Roanoke Valley Detention Commission
Glenn D. Radcliffe, Member, Roanoke Valley Detention Commission
Alan Hullette, Executive Director, Roanoke Valley Detention Center
5.b.1.
REVENUES
ROANOKE VALLEY JUVENILE DETENTION CENTER
BUDGET FOR FISCAl- yEAR 2001-2002
USDA
REIMBURSEMENTS (MEDICATIONS)
STATE BLOCK GRANT
PER DIEM ($120,43)
TOTAL REVENUES
55,000
15,000
1.873,102
3,154,939
5,108,041
EXPENDITURES
1002 Regular Employee Wages
1003 Overtime
1004 Temporary Wages
1105 Retirement
1116 ICMA
1120 FICA
1125 Medical insurance
1126 Dental insurance
1127 Retiree Supplemental to 65
1130 Life Insurance
1131 Disal:)irlty Insurance
1145 Unemployment Wages
1150 Termination Wages
2005 Maintenance Contracts
2010 Fees for Professional Services
2015 Advertising
2020 Telephones
2021 Telephones (Cellular)
2022 Electric
2024 Natural Gas
2026 Water and Sewage
2029 Utirlties- Other
2030 Administrative Supplies
2032 Housekeeping Supplies
2035 Expendable Equ~oment
2038 Motor Fuels and Lubricants
2040 Publications and Sut~scdptions
2042 Dues and Memberships
2044 Train~g and Development
2046 Local Mileage
2048, Maintenance of Equipment
2060 ' Food
2062 Medical Supplies
2064 Weadng Apparel
2066 Program Act~fties
2075 pfintinglMarketing
2101 Kitchen Supplies
2103 Detainee H~jiene Supplies
2105 Employee Tuition
2106 Detainee Medications
2108 Detainee Clothing
2109 Detainee Linens
2110 Employee Physicals
2111 Employee Drug Screening
2160 Postage
3020 insurance
9015 Caoital Expendituree-
Interest Expense
Depreciation
Total Expenditures
2,407,925
40,000
180,000
153.177
46.800
188,632
226,800
18.166
2,520
19,263
6.785
30,000
25,000
15.000
160,000
10,000
20,000
1,200
120,000
40,000
15,120
1,500
15,000
40,000
7,000
2,500
1,000
1,000
15,000
1,000
37,000
300.000
15,000
3,000
16,000
5,000
20,000
17,400
8,000
30,000
7,500
4,300
5,200
1,500
4,000
35.500
50.000
379,920
358,333
5,108,041
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 21,2001
File #10-60-300
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35246-031901 authorizing the City Manager to enter
into an agreement with KPMG LLP for the performance of annual audits of the City's
finances for each of the fiscal years ending June 30, 2001, 2002, 2003, and 2004, upon
certain terms and conditions. The above-referenced measure was adopted by the Council
of the City of Roanoke at a regular meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
T. Douglas McQuade, Managing Partner, KPMG LLP, 10 South Jefferson Street,
Suite 1710, Roanoke, Virginia 24011
James D. Grisso, Director of Finance
Robert H. Bird, Municipal Auditor
Evelyn W. Powers, Secretary, Audit Committee
N:\CKSHI~Aoendas 2001\Corresp Marc~ 19, 2001 wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001.
No. 35246-031901.
AN ORDINANCE authorizing the City Manager to enter into an agreement with
KPMG LLP for the performance of annual audits of the City's finances for each of the
fiscal years ending June 30, 2001, 2002, 2003, and 2004, upon certain terms and
conditions; and providing for an emergency.
WHEREAS, the Council's Audit Committee has requested proposals for certain
auditing services, and after public advertisement and competition, the Committee has
recommended that the services of KPMG LLP be engaged under contract, for the purposes
hereinafter provided; and
WHEREAS, the Audit Committee has submitted to the Council a written proposal of
such firm, dated December 5, 2000, setting out the services proposed to be rendered, and a
fee schedule dated February 5, 2001 with the compensation to be received therefor, copies
of which are on file in the Office of the City Clerk, and the Council considering the
Committee report concurs in the recommendation made therein;
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager is hereby authorized, for and on behalf of the City, to enter
into a written agreement, upon form approved by the City Attorney, with KPMG LLP,
Certified Public Accountants, engaging the services of such firm to audit annually the
H \MEASURES\o-kpmg 2001
financial records and accounts of the City for each of the fiscal years ending June 30, 2001,
2002, 2003, and 2004.
2. The scope of such firm's examinations and/or its reports and the consideration
to be paid therefor shall be as set out in the City's Request for Proposals number 00-11-1 and
such firm's proposal made to the City's Audit Committee, dated December 5, 2000.
3. In order to provide for the usual daily operation of the municipal government,
an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its
passage.
ATTEST:
City Clerk.
H:~vI~AS URES\o-kpmg. 2001
CITY OF ROANOKE
t ';~;.';~~' I CITY CouNCIL
'~~/ Ro~oke, Virginia24011-~36 ' '
~-:2 ..... ~"~ Telephone: (540) 853-2541
F~: (540) 853-1145
~LPH K. SMITH
Mayor
Roanoke City Council
Regular Agenda Report
Council Members:
William D. Bestpitch
William H. Carder
C. Nelson Harris
W. Alvin Hudson, Jr.
William White, Sr.
Linda F. Wyatt
March 19, 2001
Honorable Ralph K. Smith, Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Independent Auditing Contract
The attached report was considered by the Audit Committee at its regular meeting on
March 5, 2001. The Committee recommends that Council authorize the City Manager
to execute the appropriate documents to contract on behalf of the City with KPMG
under the terms stated in the City's "Request for Proposal for Auditing Services",
number 00-11-1, KPMG's proposal dated December 5, 2000, and their "Fee Schedule
for Audit Services" dated February 5, 2001.
Respectfully submitted,
William White, Sr., Chairman
Audit Committee
ewp
Attachments:
C:
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
PVIRGINIA, CHARTERED 1)882~
AUDIT SELECTION COMMITTEE
March 5, 2001
Roanoke City Council Audit Committee
Roanoke, Virginia
On August 7, 2000, the Audit Committee Chairman appointed an Audit Selection Committee to
obtain and evaluate proposals for auditing services for the City of Roanoke. As in 1996, the
City's request for proposal for auditing services incorporated requests for services for the
City's Pension Plan, the Roanoke City School Board, the Greater Roanoke Transit Company,
and the Fifth District Training and Employment Consortium. The Audit Selection Committee
included representatives from each entity to ensure everyone's interests were addressed.
Joyce Sparks, Retirement Administrator, and Wilma Conner, Fiscal Officer for FDETC were
involved in the selection process but were unavailable to sign this report at the time it was
completed. Barry Key, Director for the Department of Management & Budget, was involved in
the review of proposals but was ill on the day interviews were held. He felt it was appropriate
that he not sign the report.
In obtaining and evaluating proposals, the Audit Selection Committee used the City's
"Competitive Negotiation" procedure, which included the following:
Send Request for Proposal and other information to interested firms as requested.
Receive proposals by the December 6, 2000 deadline.
Determine if firms meet the specifications and are suitable to provide services.
Interview qualified firms.
Rank firms based on the merits of their proposals, interviews, and references.
Negotiate a mutually satisfactory agreement with the highest ranking firm.
Three firms responded to the request for proposal and all three were evaluated as being
suitable for further consideration:
McGladrey & Pullen, LLP
KPMG LLP
Robinson, Farmer, Cox Associates
The Audit Selection Committee members unanimously selected KPMG as the preferred firm
immediately following interviews of all three firms on January 29th, 2001.
Audit Selection Committee Page 2
The considerations favoring KPMG included its national expertise in governmental accounting,
the resources available to KPMG as one of the five largest firms in the nation, and KPMG's
technical approach to the work. The City and School System will be implementing statement
34, a major Governmental Accounting Standards Board pronouncement in 2002. In the
interviews, it was clear that KPMG is better prepared for this implementation than the other
firms.
KPMG's fees are detailed in attachment A, "Schedule of Proposed Fees for Audit Services".
As a percentage of prior year costs, overall audit fees will increase 5.6% in 2001, 5.3% in
2002, 5.0% in 2003, and 4.8% in 2004. The level of audit work required has changed over the
past four years due to changes in federal programs and changes in the expectations of federal
authorities. The audit work required for the Fifth District Employment and Training Consortium
has been reduced, while the work required in the area of grants compliance covered by the
Single Audit Act and Circular A-133 has increased. The fee schedule reduces FDETC's fees
by $4,700 and increases single audit fees by $7,500 to reflect these changes in the work.
Recommendation:
We recommend the Audit Committee present an ordinance to the City Council authorizing the
City Manager to contract on behalf of the City with KPMG under the terms stated in the City's
"Request for Proposal for Auditing Services", number 00-11-1, KPMG's proposal dated
December 5, 2000, and their "Fee Schedule for Audit Services" dated February 5, 2001.
Respectfully submitted,
W. Alvin Hudson
Roanoke City Council
Drew Harmon
Assistant Municipal Auditor
St~ph~r~ie G~es -
Finance Manager, GRTC
Kenneth F. Mundy
Controller, Roanoke City Public Schools
A~h~wver
Manager of Accounting Services
Attac,,, nent A
Schedule of Proposed Fees for Audit Services
Actual Proposed for Years Ending:
Cost Center 6/30/00 6/30/01 Incr. 6/30/02 Incr. 6/30/03 Incr. 6/30/04 Incr.
City CAFR 71,250 75,000 5.3% 77,500 3.3% 80,000 3.2% 82,500 3.1%
Single Audit 13,500 21,000 55.6% 24,600 17.1% 28,200 14.6% 31,800 12.8%
Total City 84,750 96,000 13.3% 102,100 6.4% 108,200 6.0% 114,300 5.6%
Pension CAFR 7,100 7,500 5.6% 7,700 2.7% 7,900 2.6% 8,100 2.5%
School CAFR 25,400 25,500 0.4% 26,000 2.0% 26,500 1.9% 27,000! 1.9%
GRTC (Transit & Retirement) 10,550 11,000 4.3% 11,500 4.5% 12,000 4.3% 12,500 4.2%
FDETC 7,200 2,500 -65.3% 2,700 8.0% 2,900 7.4% 3,100 6.9%
TotaI Contract 135,000 142,500 5.6% 150,000 5.3% 157,500 5.0% 165,000 4.8%
Schedule reflects fees as agreed upon with KPMG LLP on February 5, 2001.
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
March 22,2001
File #5-472
STEPHANIE M. MOON
Deputy City Clerk
Thomas E. Walton, Vice President
Carter's Cabinet Shop of Roanoke, Inc.
P. O. Box 12014
Roanoke, Virginia 24022
Dear Mr. Walton:
I am enclosing copy of Ordinance No. 35247-031901 accepting the bid of Carter's Cabinet
Shop of Roanoke, Inc., in the amount of $169,281.00, to fabricate and install lockers in the
New Police Building, located at 348 Campbell Avenue, S. W., as follows: 248 in Men's
Locker Room, 28 in Women's Locker Room and 17 in the Tactical Room, upon certain
terms and conditions; and rejecting all other bids made to the City for the work. The
above-referenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
pc:
Darlene L. Burcham, City Manager
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
Philip C. Schirmer, City Engineer
L. Bane Coburn, Project Manager
D. Darwin Roupe, Director, General Services
N:\CKSHI~Agendas 2001\Cofresp. Mater1 19. 2001 wod
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
lelephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.manoke.va.us
March 22, 2001
File #5-472
STEPHANIE M. MOON
Deputy City Clerk
James W. Humphries,
Chief Financial Officer
Delta Graphics, Inc.
P. O. Box AJ
Chester, Virginia 23831
Brant Kelly
State Sales Manager
Modern Door and Equipment Sales, Inc.
P. O. Box 20733
Roanoke, Virginia 24018
Dear Messrs. Humphries and Kelly:
I am enclosing copy of Ordinance No. 35247-031901 accepting the bid of Carter's Cabinet
Shop of Roanoke, Inc., in the amount of $169,281.00, to fabricate and install lockers in the
New Police Building, located at 348 Campbell Avenue, S. W., as follows: 248 in Men's
Locker Room, 28 in Women's Locker Room and 17 in the Tactical Room, upon certain
terms and conditions; and rejecting all other bids made to the City for the work. The
above-referenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, March 19, 2001.
On behalf of the Mayor and Members of Roanoke City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
N:\CKSHI~Agendas 2001\CorresD MercI1 19, 2001 wl3d
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of l~Iarch, 2001.
No. 35247-031901.
AN ORDINANCE accepting the bid of Carter's Cabinet Shop of Roanoke, Inc. to fabricate
and install lockers in the New Police Building, located at 348 Campbell Avenue, S.W., as follows:
248 in Men's Locker Room, 28 in Women's Locker Room and 17 in the Tactical Room, upon certain
terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Carter's Cabinet Shop of Roanoke, Inc. in the amount of $169,281.00 to
fabricate and install lockers in the New Police Building, located at 348 Campbell Avenue, S.W., as
follows: 248 in Men's Locker Room, 28 in Women's Locker Room and 17 in the Tactical Room, as
is more particularly set forth in the City Manager's letter dated March 19, 2001, to this Council, such
bid being in full compliance with the City's plans and specifications made therefor and as provided in
the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and
is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively, the requisite contract with the successful bidder, based on its
proposal made therefor and the City's specifications made therefor, the contract to be in such form
as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore
or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above work are hereby REJECTED, and
the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for
such bid.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Office of the City Manager
March 19, 2001
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Bid Committee Report
Fabricate and Install Police Building
Lockers for the New Police Building
348 West Campbell Avenue
Roanoke, Virginia
Bid No. 01-01-10
After proper advertising, bids were received to fabricate and install lockers in the New
Police Building, located at 348 West Campbell Avenue, as follows: 248 in Men's Locker
Room, 28 in Women's Locker Room and 17 in the Tactical Room. These lockers are
ventilated and have electricity for radio battery chargers. The lockers are to be
constructed and installed in accordance with the contract documents as prepared by the
Office of the City Engineer.
Three (3) bids were received with Carter's Cabinet Shop of Roanoke, Inc., 2132
Shenandoah Valley Avenue, Roanoke, Virginia 24012, submitting the Iow bid in the
amount of $169,281.00. The construction time was specified as sixty (60) consecutive
calendar days.
Funding requirements for this project are as follows:
Contract Amount
Contingency, Reproduction Costs, Advertisements
$169,281.00
10,719.00
Total $180,000.00
Funding is available in the New Police Building account number 008-052-9563-9035.
Recommended Actions:
Accept the above bid and award a lump sum contract for the above work with Carter's
Cabinet Shop of Roanoke, Inc. in the amount of $169,281.00 and 60 consecutive
calendar days of contract time, with a project contingency of $10,719.00.
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci,roanoke.va,us
Bid Committee Report
Fabricate and Install Police Building
Lockers for the New Police Building
348 West Campbell Avenue
Roanoke, Virginia
Bid No. 01-01-10
March 19, 2001
Page 2
Authorize the City Manager to enter into a contractual agreement for the above work.
Reject the other bids received.
Respectfully Submitted,
William H. Carder
W. Alvin Hudson
I concur in the recommendation of the Bid Committee and recommend it to you for
approval.
Respectfully submitted,
City Manager
DLB/LBC/bls
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
James D. Grisso, Director of Finance
D. Darwin Roupe, Director of General Services
#CM01-0019
ATTACHMENT 1
TABULATION OF BIDS
FABRICATE AND INSTALL POLICE BUILDING
LOCKERS FOR THE NEW POLICE BUILDING
348 WEST CAMPBELL AVENUE
ROANOKE, VIRGINIA
BID NO. 01-01-10
Bids were opened by Robert L. White, Manager, Purchasing Department, on Thursday,
February 22, 2001, at 2:00 p.m.
Carter's Cabinet Shop of Roanoke, Inc. $169,281
Modern Door and Equipment Sales, Inc. $234,000
Delta Graphics, Inc. $271,909
Office of the City Engineer
Roanoke, Virginia
March 19, 2001
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
March 22, 2001
File #178-200-544
Stephanie M. Moon
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35248-031901 approving the Redevelopment Plan
for the South Jefferson Redevelopment Area dated February 5, 2001, as being
substantially in accord with Roanoke Vision, the City' Comprehensive Plan, and as
required by Section 36-51 of the Code of Virginia (1950), as amended. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
DC~
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
P. O. Box 6359, Roanoke, Virginia 24017-0359
D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue,
S. W., Roanoke, Virginia 24014
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
N:\CKSHI~Agen~as 2001\Con'esp. March 19, 2001.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001.
No. 35248-031901.
A RESOLUTION approving the Redevelopment Plan for the South Jefferson
Redevelopment Area dated February 5,2001, as being substantially in accord with Roanoke
Vision, the City's Comprehensive Plan, and as required by §36-51 of the Code of Virginia
(1950), as amended.
WHEREAS, the area of the City which is generally east of Route 220 (the Roy L.
Webber Expressway), west of the Roanoke River, south of the Elm Avenue interchange with
Interstate 581, and north of Wiley Drive and Wiley Road (hereinafter referred to as the
"Redevelopment Area") is a blighted area which impairs economic values and tax revenues;
WHEREAS, the Redevelopment Area suffers from deteriorated and dilapidated
structures, deficient streets, sidewalks and drainage, deleterious land uses, obsolete layout
and faulty arrangement of design, obsolescence, flood hazards, abandoned structures,
abandoned vehicles, an accumulation of debris and overgrown lots, depressed economic
business activity, and a decline in economic impact for the City of Roanoke;
WHEREAS, the Redevelopment Area is an area where the condition of title, diverse
ownership of the land to be assembled, the street and lot layouts, and other conditions
prevent a proper development of the Redevelopment Area;
WHEREAS, the Roanoke Redevelopment and Housing Authority ("Housing
Authority") has made studies of the economic conditions, flooding hazards and conditions,
environmental hazards, structural conditions and other conditions, and proposes to eliminate
or reduce these conditions through redevelopment and clearance, rehabilitation and
relocation assistance;
WHEREAS, the Housing Authority has prepared and presented to this Council for
review and approval a plan for the improvement and revitalization of the Redevelopment
Area dated February 5, 2001, and entitled, "Redevelopment Plan for the South Jefferson
Redevelopment Area" ("Redevelopment Plan");
WHEREAS, the primary purpose of the Redevelopment Plan is to provide for private
reinvestment and economic growth through redevelopment by private enterprise;
WHEREAS, the specific goals of the Redevelopment Plan include eliminating blight,
blighting influences, deterioration and deleterious land use, improving business activity and
generating additional economic value for the City of Roanoke, making best use of the area's
location and urban character, and providing for a versatile mix of complimentary land uses
within the redevelopment area;
WHEREAS, the Redevelopment Plan has been recommended for approval by the
Housing Authority, as evidenced by the copy of the duly certified resolution of the Housing
Authority, approving the Redevelopment Plan, which is attached to the City Manager's
report dated March 19, 2001, to this Council;
WHEREAS, the Planning Commission, after giving proper legal notice, and after
conducting a public hearing on the matter, has made its recommendation to Council that the
Redevelopment Plan, including the proposed street construction, public open spaces and
parks, and public infrastructure improvements, is substantially in accord with Roanoke
Vision, the City's adopted Comprehensive Plan;
WHEREAS, Roanoke Vision, the City's Comprehensive Plan, is recognized and used
as the guide for the general development of the City as a whole;
WHEREAS, {}36-51 of the Code of Virginia (1950), as amended, requires that before
the Housing Authority may acquire land for, or otherwise initiate, a redevelopment project
for a particular area, City Council must review and approve a plan which provides an outline
for the development or redevelopment of the area; and
WHEREAS, the members of this Council are familiar with the conditions prevailing
in the Redevelopment Area and, in the light of such knowledge, have carefully considered
and reviewed the Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. The Redevelopment Area is an area of the City which would realize substantial
benefits from redevelopment and clearance, rehabilitation and relocation assistance, all as
contemplated by the Redevelopment Plan, and that it is therefore desirable and in the public
interest that the Housing Authority initiate and carry out the Redevelopment Plan;
2. The Redevelopment Plan conforms to, and is substantially in accord with,
Roanoke Vision, the City's Comprehensive Plan; and
3. The Redevelopment Plan has been duly reviewed and considered and is hereby
approved, and the City Clerk is hereby directed to file a copy of the Redevelopment Plan
with the minutes of this meeting in her Office.
ATTEST:
City Clerk.
H:\RES\R-Soleff Redev Plan-Approval (3-09-01) 4
Roanoke City Department of Planning
and Code Enforcement
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
Email: planning@ci.roanoke.va.us
March 19, 2001
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council'
Subject:
Request from Roanoke Redevelopment and Housing Authority for
consideration of the South Jefferson Redevelopment Plan and
determination that the proposed redevelopment plan is in
substantial accord with the City's Comprehensive Plan, Roanoke
Vision.
Background:
Over the past year, the Roanoke Redevelopment and Housing Authority (RRHA) and
the City of Roanoke have worked with property owners, potential investors, and
economic development interests to remove blight, revitalize and redevelop an industrial
area south of downtown Roanoke, referred to as the South Jefferson Redevelopment
Area ("Redevelopment Area").
The Redevelopment Area is located generally east of Route 220 (Roy L. Webber
Expressway), west of the Roanoke River, south of the Elm Avenue interchange with
Interstate 581, and north of Wiley Drive. It is expected that at completion, the project
can provide up to 2 million square feet of building space, attract up to $300 million in
private capital expenditures, and provide up to 2,500 new, technical jobs for the region.
RRHA has held several meetings with affected property owners over the last year to
share information and discuss the proposed plans for redevelopment. RRHA has
worked closely with affected property owners to address concerns and where possible,
integrate their ideas for economic development and private investment.
A copy of the South Jefferson Redevelopment Plan, dated February 5, 2001, has been
submitted to the Planning Commission, City Council, and the Board of Commissioners
for RRHA for their review. An advertised, joint public hearing to hear public comment
on the proposed Redevelopment Plan was held on February 26, 2001, at Jefferson
Center's Fitzpatrick Hall. Design guidelines are proposed which will ensure the
appropriate redevelopment of the area. (Note that no action on these guidelines is
necessary by the Planning Commission or City Council.) Most public comment on the
Redevelopment Plan was supportive of the public's interest in enhancing economic
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
development opportunities for the City and improving the area proposed for
redevelopment.
Although RRHA has proposed a Redevelopment Plan that provides for acquisition of
property within a reasonable amount of time, in accordance with the Code of Virginia,
and an opportunity for private property owners to retain ownership via proposing a plan
of redevelopment consistent with the Redevelopment Plan and entering into a
contractual agreement with RRHA, a few property owners still express concern with
respect to eminent domain and the acquisition of their properties. Both City Council
and the Planning Commission received a letter, dated March 1,2001, Mr. Donald L.
Mennel, President, Roanoke City Mills, Inc., expressing his concerns.
Planning Commission's role in the proposed Redevelopment Plan is advisory to City
Council with respect to a determination that the proposed Redevelopment Plan is
substantial accord with the City's Comprehensive Plan, as set forth in Section 15.2-
2232 of the Code of Virginia, (1950), as amended.
Planning Commission considered the Redevelopment Plan at its meeting on March 15,
2001. Mr. John Baker, Executive Director of the Roanoke Redevelopment and Housing
Authority, advised that the plan, dated February 5, 2001, had been adopted by the
Housing Authority Board at their meeting on March 12, 2001, and that no changes had
been made from the draft plan submitted to Commission members last month. Mrs.
Evelyn Lander presented the staff report and recommended that the Planning
Commission find that the Redevelopment Plan was in accord with the City's
Comprehensive Plan and that the Commission adopt a resolution to that effect.
Considerations:
The Redevelopment Plan identifies three general areas for redevelopment: (1)
Jefferson Street Corridor, (2) Campus and Institutional Area, in the vicinity of Reserve
Avenue, and (3) the Crossing, in the vicinity of railroad development and warehouses.
A proposed Land Use Map is included in the Redevelopment Plan. The land use map
and the Redevelopment Plan identify the following four classifications of land use
proposed for the redevelopment area: (1) institutional mixed use (research, biomedical,
and support uses), (2) commercial support use (i.e. office, business support), (3)
commercial and residential mixed use (flexible, combination business/residential
space), and (4) public use (i.e. open space, greenways).
Public improvements are proposed for transportation corridors serving the area
(Jefferson Street, Albemarle Avenue, Williamson Road, and Reserve Avenue) and for
Iow-lying flood plain areas (along the Roanoke River). These improvements include
street widening, sidewalks, utility relocation, and new public open spaces and
greenways. An access ramp to the redevelopment area from Interstate 581 is being
2
pursued, and is shown in a general location on the Land Use Map; however, at the
present time, the ramp's final location is pending additional traffic and planning studies.
Roanoke Vision, the City's Comprehensive Plan identifies this area as an existing
commercial and industrial area that is adjacent to the downtown, which is targeted for
continued growth as an office, commercial and cultural center for the region. The
Comprehensive Plan also identifies the Roanoke River Corridor as a potential
greenway system and river parkway. In addition, the Comprehensive Plan
recommends protected open space along the Roanoke River and encourages
appropriate flood control measures to protect existing development.
The Comprehensive Plan recommends that:
Commercial, industrial and residential growth and redevelopment should be
encouraged through public and private actions to ensure a strong and diversified
economic base and employment opportunities for all of Roanoke's citizens.
Development of new or existing commercial and industrial areas should be
carefully planned and designed to promote quality development and good land
use.
Roanoke should encourage the continued development of commercial, health,
transportation-related businesses and other service facilities that serve the larger
Valley region. Roanoke should continue its efforts to expand its employment
base. Roanoke should encourage industrial development on appropriate sites
and complete public access and infrastructure improvements to these
developments, as needed.
Promoting, encouraging, maintaining or enhancing environmental quality and the
appearance of the city should be a key objective of public services and private
initiatives in Roanoke.
Appropriate flood control measures and open space conservation areas should
be implemented in flood prone areas to protect natural resources and sensitive
land.
New housing and housing types should be encouraged to respond to current
needs and trends including changing family structures, household composition,
and economic conditions. New housing should be carefully designed to relate
well to existing neighborhood character. Development of housing in downtown
should be encouraged through public and private initiatives. Priority should be
given to maintenance and rehabilitation of sound, usable structures, rather than
demolition. Traditional and historical features should be preserved to the extent
practical.
Recommendation:
Planning Commission voted 5-0-1 (Messrs. Chrisman, Hill, Rife, Dowe and Butler voting
in favor of the motion and Mr. Manetta abstaining) that the Redevelopment Plan for the
South Jefferson Redevelopment area is in substantial accord with the City's
Comprehensive Plan, Roanoke Vision. The adopted resolution is attached
recommending that City Council approve the Redevelopment Plan and find that the
plan is in accord with the Comprehensive Plan.
Respectfully submitted,
D. Kent Chrisman, Chairman
Roanoke City Planning Commission
Attach ment
cc: City Manager
City Attorney
John Baker, Executive Director, RRHA
IN THE PLANNING COMMISSION FOR THE
CITY OF ROANOKE, VIRGINIA,
A RESOLUTION approving and recommending approval of the Redevelopment Plan for the
South Jefferson Redevelopment Area dated February 5, 2001, as being substantially in accord with
Roanoke Vision, the City's adopted Comprehensive Plan.
WHEREAS, the area of the City which is generally east of Route 220 (the Roy L. Webber
Expressway), west of the Roanoke River, south of the Elm Avenue interchange with Interstate 581,
and north of Wiley Drive and Wiley Road (hereinafter referred to as the "Redevelopment Area") is
a blighted area which impairs economic values and tax revenues;
WHEREAS, the Redevelopment Area suffers from deteriorated and dilapidated structures,
deficient streets, sidewalks and drainage, deleterious land uses, obsolete layout and faulty
arrangement of design, obsolescence, flood hazards, abandoned structures, abandoned vehicles, an
accumulation of debris and overgrown lots, depressed economic business activity, and a decline in
economic impact for the City of Roanoke;
WHEREAS, the Redevelopment Area is an area where the condition of title, diverse
ownership of the land to be assembled, the street and lot layouts, and other conditions prevent a
proper development of the Redevelopment Area;
WHEREAS, the Roanoke Redevelopment and Housing Authority ("Housing Authority") has
made studies of the economic conditions, flooding hazards and conditions, environmental hazards,
structural conditions and other conditions, and proposes to eliminate or reduce these conditions
through redevelopment and clearance, rehabilitation and relocation assistance;
WHEREAS, the Housing Authority has prepared and presented to this Commission for
review, approval and recommendation a plan for the improvement and revitalization of the
Redevelopment Area dated February 5, 2001, and entitled, "Redevelopment Plan for the South
Jefferson Redevelopment Area" ("Redevelopment Plan");
WHEREAS, the primary purpose of the Redevelopment Plan is to provide for private
reinvestment and economic growth through redevelopment by private enterprise;
WHEREAS, the specific goals of the Redevelopment Plan include eliminating blight,
blighting influences, deterioration and deleterious land use, improving business activity and
generating additional economic value for the City of Roanoke, making best use of the area's location
and urban character, and providing for a versatile mix of complimentary land uses within the
redevelopment area;
WHEREAS, this Commission, after giving proper legal notice, and after conducting a public
hearing on the matter, is prepared to make its recommendation to City Council on whether the
Redevelopment Plan, including the proposed street construction, public open spaces and parks, and
public infrastructure improvements, is substantially in accord with Roanoke Vision, the City's
adopted Comprehensive Plan;
WHEREAS, Roanoke Vision, the City's adopted Comprehensive Plan, is recognized and
used as the guide roi-the general development of the City as a whole;
WHEREAS, the members of this Commission are familiar with the conditions prevailing in
the Redevelopment Area and, in the light of such knowledge, have carefully considered and
reviewed the Redevelopment Plan; and
2
WHEREAS, this Commission finds that the Redevelopment Plan, including the proposed
street construction, public open spaces and parks, and public infrastructure improvements_, is
substantially in accord with Roanoke Vision, the City's adopted Comprehensive Plan, and should
be included as appropriate public facilities in the Redevelopment Area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission for the City of
Roanoke that:
1. The Redevelopment Area is an area of the City which would realize substantial
benefits from redevelopment and clearance, rehabilitation and relocation assistance, all as
contemplated by the Redevelopment Plan, and that it is therefore desirable and in the public interest
that the Housing Authority initiate and carry out the Redevelopment Plan;
2. The Redevelopment Plan conforms to, and is substantially in accord with, Roanoke
Vision, the City's adopted Comprehensive Plan; and
3. The Redevelopment Plan has been duly reviewed and considered and is hereby
approved by this Commission, and the Commission recommends that the City Council for the City
of Roanoke approve the Redevelopment Plan and find that the Redevelopment Plan conforms to, and
is substantially in accord with, Roanoke Vision., the City's adopted Comprehensive Plan.
Adopted this /5"~dayof ~~ ,2001.
ATTEST:
Secretary
H:'xRES\RES-PC-SoJeff Rcdev Plan-Approval (3-12-0 I) 3
REDEVELOPMENT
AND HOUSING
AUTHORITY
Partners in Progress
March 13, 2001
Ms. Darlene Burcham, City Manager
215 Church Ave. SW Room 364
Roanoke, VA 24011
Dear Darlene:
This is to inform you that the Commission of the Roanoke Redevelopment and
Housing Authority approved the South Jefferson Redevelopment Plan and the
South Jefferson Cooperation Agreement 2 at its regular meeting on March 12,
2001. The redevelopment plan and cooperation agreement are being forwarded
to City Council with a recommendation for approval from the Redevelopment and
Housing Authority. The vote was 6 for and none against with one commissioner
absent.
Copies of the Commission resolutions are attached for your information. I have
previously provided two copies of the redevelopment plan as approved by RRHA
to your staff. These copies do not have the word "Draft" on the cover, and are to
be attached to resolutions to be presented to the City Planning Commission and
City Council. I believe that those documents are now in the Office of Economic
Development.
It has been a pleasure to work with you and your staff on the planning for this
important project, and I look forward to continuing to work together to change this
area of the city.
6.c. ]..
Sincerely,
Baker
E'~x~C u t ive Director
P.O. Box 6359 · Roanoke, Iqrginia 24017-0359
2624 Salem Turnpike, N. gE. ° Roanoke, lqrginia 24017-5334
Telephone (540) 983-9281 · TDD (540) 983-9217 · Fax (540) 983-9229
CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
RESOLUTION NO. 318o
Meeting Date March 12, 2001 Agenda Item 6
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
APPROVING, RATIFYING AND ADOPTING THE SOUTH JEFFERSON
REDEVELOPMENT PLAN DATED FEBRUARY 5, 2001
WHEREAS, by Resolution of the Board of Commissioners of the Roanoke
Redevelopment and Housing Authority ("RRHA") dated May 12, 2000, RRHA authorized
entering into a Cooperation Agreement with the City of Roanoke whereby the City agreed to
provide certain funding to enable RRHA to undertake the initial study, preparation and research
necessary to prepare and establish an appropriate redevelopment area and redevelopment plan
within that section of the City generally located in the area of Jefferson Street and Franklin Road,
south of 1-581 and north of the Roanoke River (the "Project Area"); and
WHEREAS, RRHA has undertaken and completed a thorough and extensive study of the
Project Area, which study has required the utilization of numerous consultants, including Hayes,
Seay, Mattem & Mattem for the provision of engineering services, base mapping and flood
impact analysis, Scott Edelman, P.E., floodplain analysis, Dunbar, Milby, Williams, Pittman and
Vaughn, structural evaluations in the Project Area, the Wessex Group, economic analysis,
Huggins, Faulkner & Flynn, environmental assessments, K.W. Poom and Associates, land use
planning and design, and Hill Studio, development guidelines and preparation of the illustrative
master plan (the "Consultant Team"); and
WHEREAS, RRHA, based upon the f'mdings and reports of the Consultant Team, has
determined that the said Project Area contains blighted areas which by reason of dilapidation,
obsolescence, faulty arrangement of design, deleterious land use or obsolete layout is detrimental
to the safety, health, morals or welfare of the residents of the City as well as conditions which
impair economic values and tax revenues and which prevent proper development of the land in
the Project Area; and
WHEREAS, RRHA has caused to be prepared that certain South Jefferson
Redevelopment Plan (the "Plan") which addresses the findings of the Consultant Team as well as
the proposed redevelopment of the Project Area and which proposes the redevelopment of said
area; and
WHEREAS, the said Plan has been presented to this Board of Commissioners for its
consideration and approval; and
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WHEREAS, the Board of Commissioners has reviewed the proposed Plan and the data
and reports in support thereof; and
WHEREAS, the Board of Commissioners conducted a public hearing with the Council
of the City of Roanoke and the Planning Commission of the City of Roanoke on February 26,
2001 regarding the proposed Plan, after due notice; and
WItEREAS, this Board of Commissioners has determined that:
The Project Area is a" blighted area" within the meaning of Virginia law, which
by reason of dilapidation, obsolescence, faulty arrangement of design, deleterious
land use or obsolete layout is detrimental to the safety, health, morals or welfare
of the residents of the City;
In addition, there exist in the Project Area conditions such as diverse ownership of
land, obsolete street or lot layout, and other conditions which impair economic
values and tax revenues and which prevent proper development of the land in the
Project Area;
The clearance, replanning, rehabilitation and reconstruction of the Project Area
and the sale or lease of land within the Project Area for redevelopment are
necessary for the welfare of the citizens of the City and can best be effectuated by
the adoption and implementation of the proposed Plan;
The objectives set forth in the proposed Plan are public uses and public purposes
for which public money may be spent and private property acquired by purchase
or by the exercise of the power of eminent domain.;
o
The proposed Plan is substantially in accord with Roanoke Vision, the
Comprehensive Plan of the City;
o
The proposed Plan concurs and complies with provisions and requirements of the
Housing Authorities Law of Virginia as set forth in Chapter 1 of Title 36 of the
1950 Code of Virginia as amended (the "Act") and, when adopted by the Council
of the City of Roanoke, the Plan will legally establish the Project Area as a
redevelopment project as set forth in the Act;
The proposed Plan is in the best interests of the citizens of the City and will
promote the public purpose of the Act.
NOW THEREFORE BE IT RESOLVED, that the South Jefferson Redevelopment
Plan be and the same is hereby approved, ratified and adopted in all respects and the Plan is
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hereby recommended to City Council of the City of Roanoke for its consideration, approval and
adoption; and
FURTHER BE IT RESOLVED that this Resolution shall become effective
immediately upon its adoption and the Plan shall become effective immediately upon its
adoption by the Council of the City of Roanoke.
EXPLANATION: This resolution is to approve the South Jefferson Redevelopment Plan.
RRHA has employed consultants to study the area to determine conditions that exist in the area
today, and they have made reports on their findings. The results of those fmdings have been
provided to the Commissioners previously in the binder, and a smnmary of the findings were
included in the presentation made at the public heating on February, 26. A summary of the
findings is also included in the Redevelopment Plan. Based on the findings it is the opinion of
the consultants and staff that the area qualifies for redevelopment. The presentation at the
February 26 public hearing also included a summary of the Redevelopment Plan.
The redevelopment plan provides for the area to be developed principally for biomedical use, but
allows for uses to support the biomedical development. The plan addresses land use, traffic
patterns, location of parks and public open spaces, and standards for development as well as
other matters required by state law.
This plan was developed over the last several months with cooperation from property and
business owners in the area, city staff, RRHA staff and consultants, and consultants for the city
looking at the downtown plan.
If the Commission approves the Redevelopment Plan, then the RRHA Commission will forward
it to the Planning Commission and City Council with the recommendation for apProval.
Recommended by Date
Approved
,-,~/~ -. ~ Date
by(
/
~ COMMISSIONERS ACTION
Approved Disapproved
Remarks
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CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
RESOLUTION NO. 3181
Meeting Date March 12, 2001 Agenda Item
A RESOLUTION OF TltE CITY OF ROANOKE REDEVELOPMENT
AND HOUSING AUTHORITY AUTHORIZING EXECUTION
OF THE SOUTH JEFFERSON COOPERATION AGREEMENT 2
BETWEEN THE ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY AND THE CITY OF ROANOKE FOR THE
SOUTH JEFFERSON REDEVELOPMENT AREA.
WHEREAS, it has been found that sections of the City of Roanoke (the "City") located in
the general area of Jefferson Street and Franklin Road, south of 1-581 and north of the Roanoke
River contain blighted areas which, by reason of dilapidation, obsolescence, faulty arrangement of
design, deleterious land use, obsolete layout and other factors are detrimental to the safety, health,
morals or welfare of the residents of the City; and
WHEREAS, the City of Roanoke Redevelopment and Housing Authority CRRHA'') has
completed the initial study, preparation, and research necessary to establish an appropriate
redevelopment area and RRHA has prepared and the Board of Commissioners of RRHA has adopted
and approved that certain South Jefferson Redevelopment Plan dated February 5, 2001, attached
hereto as Exhibit 1 and hereafter referred to as the "Plan"; and
WHEREAS, the City has prepared a South Jefferson Cooperation Agreement 2 ("Agreement
2") between RRHA and the City for the purpose of accomplishing the goals and objectives of the
Plan, a copy of which Agreement 2 is attached hereto as Exhibit 2.
NOW, THEREFORE BE IT RESOLVED, by the Commissioners of the City of Roanoke
Redevelopment and Housing Authority that:
The South Jefferson Agreement 2 dated March ,2001 between the City and
RRHA, in substantial conformance with Exhibit 2 as attached hereto, is hereby
approved, ratified and confirmed; and
The Executive Director of RRHA is authorized and directed to execute Agreement 2
which shall be, in all material respects, in substantial conformance with Exhibit 2
attached hereto on behalf of RRHA; and
The Executive Director and other proper officers and employees of RRHA be and the
same are hereby authorized and directed to take all such actions as may be necessary,
in the opinion of the Executive Director, to implement and accomplish the proper
purposes of said Agreement 2.
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EXPLANATION: This resolution is to approve a cooperation agreement between RRHA and
the city for implementation of the South Jefferson Redevelopment Plan. The agreement
identifies RRHA as the agency responsible for acquisition of property, relocation of businesses,
clearance of property, and disposition of property for redevelopment in accordance with the
redevelopment plan. It further identifies the city as the responsible party to provide all of the
funds to carry out these activities.
There are specific properties identified to be acquired and cleared within the first 36 months
following approval of the redevelopment plan, therefore, the agreement is for a 36 month period
with a budget which is expected t.o provide funds for activities within that 36 month period.
Before the end of the 36 month period, the city and RRHA will negotiate a new agreement with a
new budget to carry activities forward from that point. That new agreement will be presented to
the RRHA Commission and City Council for action prior to execution.
The budget in this agreement is for $14 million, but the city will not have all of the cash
available at the time the cooperation agreement is signed. Therefore, the agreement provides that
the city must keep RRHA advised of the amount of cash available, and RRHA's responsibilities
under the agreement will stop if cash is not available. Before RRHA acquires a property, the
staff will make sure that enough cash is available to pay for acquisition, relocation, site
clearance, and any necessary environmental remediation. The agreement does not require RRHA
to be responsible for any project cost, and staff will manage the cash so that we don't become
responsible. Money received by RRHA from the sale of property to developers will be returned
to the city or used for project purposes as directed by the City Manager.
The agreement makes the city responsible for certain public improvements. It also indicates that
other public improvements are expected, and they will be provided by the city as both of us agree
at a later time.
Within the 36 month period RRHA is expected to purchase all of the property identified as Area
1 which is generally north of Reserve Avenue between Jefferson and Franklin. All of Area lA
which is the area just east of Jefferson Street across the railroad tracks, and an initial
development site for the Carilion Biomedical Institute which is along Jefferson Street from
Reserve Avenue to just beyond Whitmore Street will be acquired and cleared within a 12 month
period following approval of the redevelopment plan. The map attached to the Cooperation
Agreement identifies each of these areas.
Recommended by Date
Approved by t q Date
COMMISSIONERS ACTION
Approved Disapproved
Remarks
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SOUTH JEFFERSON COOPERATION AGREEMENT
This South Jefferson Cooperation Agreement 2 is dated this day of March, 2001, by and
between the City of Roanoke, a municipal corporation of the Commonwealth of Virginia (the
"City"), and the Roanoke Redevelopment and Housing Authority, a political subdivision of the
Commonwealth of Virginia ("RRHA"), and is hereinafter referred to as "SJC Agreement 2".
WHEREAS, it has been found that sections of the City. located in the general area of Jefferson
Street and Franklin Road, south of 1-581 and north of the Roanoke River as shown on the map
attached hereto, made a part hereof, and marked as Exhibit 1 (the "Project Area") contain
blighted areas which, by reason of dilapidation, obsolescence, faulty arrangement of deleterious
land use, obsolete layout and other factors are detrimental to the safety, health, morals or welfare
of the residents of the City. The map sets forth 6 areas numbered 1 through 4 and 1A and 1B
within the Project Area. References to specific areas of the Project Area may be made by
referring to "Area __," and
WHEREAS, it has been found that there are also areas of the City located in the
Project Area where the condition of title, diverse ownership, street or lot layouts, or other
conditions prevent a proper development of the land; and
WHEREAS, the City has requested that RRHA undertake an initial study, preparation and
research necessary to prepare a Redevelopment Plan, which assignment RRHA has undertaken,
all as more particularly set out in the South Jefferson Cooperation Agreement dated May 17,
2000, between the City and RRHA, hereinafter referred to as "South Jefferson Cooperation
Agreement 1 "; and
WHEREAS, RRHA has prepared that certain South Jefferson Redevelopment Plan dated
February 5, 2001 and hereinal~er referred to as the "Redevelopment Plan" or "Plan"; and
WHEREAS, RRHA has no funds with which to implement the Plan and the City wishes to make
available to RRHA funds necessary to accomplish the goals and objectives of the Plan; and
WHEREAS, the City and RRHA wish to work together as evidenced by this SJC Agreement 2 in
the furtherance of the goals and objectives of the Plan.
NOW, THEREFORE, in consideration of the benefits to accrue to the City and its citizens from
the realization of the goals and objectives of the Plan, and of the mutual covenants hereinafter set
forth, the City and RRHA agree as follows:
SECTION 1. TERM OF SJC AGREEMENT 2.
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The Initial Term of this SJC Agreement 2 is the earlier to occur of thirty-six (36) months from
the date hereof or March 31, 2004, at which time the SJC Agreement 2 shall be renegotiated or
extended for an additional term or terms. The City and RRHA agree to renegotiate or extend all
terms and conditions hereof no later than six (6) months prior to said expiration date.
SECTION 2. APPROPRIATION OF FUNDS.
The obligations and/or efforts set forth in this SJC Agreement 2 that the City and RRHA will
undertake in connection therewith are subject to the availability of funds and the appropriation by
City Council of such funds as may be necessary for such obligations and/or efforts. The City
will advise RRHA, on a monthly basis, of the amount of funds appropriated by the City for the
implementation of the Plan and the availability of such funds. RRHA will be deemed released
from the obligations to perform any of its duties hereunder, including the purchase of property as
provided hereunder in addition to any relocation, environmental remediation or other necessary
cleating for which the necessary funds are not available until such time as the necessary funds
are made available to RRHA.
SECTION 3. OBLIGATIONS OF THE CITY.
The City recognizes that funds necessary for the fulfillment of the Plan need to be
provided to RRHA by the City in order for RRHA to proceed with the development of
the Project Area as provided by the Plan. Accordingly, the City will provide all
necessary and appropriate funding to enable RRHA to fulfill its obligations hereunder and
to accomplish the goals and objectives set forth in the Plan.
Bo
In addition to the provision on funding as set forth above, the City agrees to assist RRHA
by making available to RRHA reasonable personnel and technical assistance and support
as may be requested by RRHA and agreed to by the City in order to assist RRHA in the
fulfillment of its obligations hereunder and in RRHA's efforts to accomplish the goals
and objectives of the Plan.
The City's Department of Economic Development will identify for RRHA appropriate
commercial and industrial sites within City suitable for business relocation for businesses
in the Project Area that might need to be relocated.
The City will be responsible for funding or arranging funding and for providing the
design and construction of appropriate public improvements to existing public rights-of-
way along Reserve Avenue and part of Jefferson Street that may be required by the Plan
and agreed to by the City on a schedule agreed to by the parties that will allow the timely
completion of development within the Project Area in accordance with the Plan. It is
expected that additional public improvements within the Project Area may become
necessary during the implementation of the Plan. The City will provide funding for such
additional public improvements as the City and RRHA may mutually agree.
RKE# 0688150.WPD 2
Eo
The City has provided RRHA, an identified and designated area of approximately five (5)
acres within Area 1 of the Project Area designated as the Initial Site for the start of initial
improvement in the Project Area.
Fo
The City will cooperate with RRHA in connection with any rezoning efforts RRHA may
undertake that will be necessary to implement the Plan and make all development
improvements, including, but not necessarily limited to infrastructure improvements, in a
timely manner.
Go
Recognizing that the knowledge of the potential environmental issues and conditions
within the Project Area is incomplete as of the date hereof, that RRHA is proceeding with
the filing of an application for enrollment in the Virginia Voluntary Remediation
Program ("VRP") and that RRHA has no source of funding for participation in the VRP
or for any required environmental testing and/or remediation activities other than from
funds received from the City, the City agrees to cooperate with RRHA in proceeding with
the VRP and to provide appropriate funding that may be necessary and required for
RRHA's participation in the VRP and for the assessment and remediation of such
environmental issues and conditions that may be required by the VRP with respect to
property to be acquired by RRHA in the Project Area.
SECTION 4. OBLIGATIONS OF THE ROANOKE REDEVELOPMENT AND
HOUSING AUTHORITY.
A. Subject to the receipt by RRHA of such funding from the City or other sources as may be
necessary to perform these obligations, including environmental remediation costs and expenses,
RRHA shall perform as follows:
Acquire and clear the Initial Site which is contained within Area 1, within twelve
(12) months of the approval of the Plan by City Council; provided however that
the owner of the property within the Site known as "Wimmer Tire Company"
shall be granted a reasonable extension of time beyond the aforesaid twelve (12)
months to relocate his business into alternate space, currently owned by Carilion
Health Systems or subsidiary thereof. Clearing the property includes demolition
of existing improvements, site restoration of the site to raw land standards and
appropriate environmental remediation as provided by the VRP or as the parties
may agree.
The remaining property contained in Area 1 will be acquired and cleared by
RRHA within thirty-six (36) months of the date of the approval of the Plan by
City Council.
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o
o
o
It is anticipated that the City may request RRHA to acquire and clear certain
property within Area ! A within twelve (12) months of the approval of the Plan by
City Council. RRHA agrees to take the steps reasonably necessary to acquire and
clear such property as may be requested by the City within twelve months of the
approval of the Plan by City Council.
RRHA will take all reasonable steps to acquire and clear the property outside
Areas 1 and 1A contained in the Redevelopment Plan upon the owners of such
property providing RRHA with sufficient justification for the accelerated
acquisition of such property by RRHA, the sufficiency of which justification shall
be determined solely by RRHA.
Additionally, upon request by a developer to acquire additional property located
outside of Areas 1 and 1 A, RRHA will take all reasonable steps to acquire such
property.
RRHA shall take such actions to form the necessary corporations, partnerships,
joint ventures of other legal entity or entities necessary to perform its obligations
hereunder.
Bo
RRHA will cooperate and work with the City in order to try to have the Norfolk
Southem's (NS) rights-of-away in Area 1 reduced within forty-eight (48) months of the
Plan's approval by City Council and will give all appropriate and due consideration to any
requests from the City for the disposal of any area that may be released by NS within
Area 1.
RRHA agrees that any money (including any interest earned thereon) RRHA receives
from the sale of any property within the Project Area will be used by RRHA or returned
to the City, all as directed by the City Manager.
Do
RRHA agrees that it will cooperate with the City and undertake any actions necessary to
assist the City in trying to obtain Virginia Department of Transportation (VDOT)
approval and acquisition by VDOT of the property in Area 3 of the Project Area so that
proposed exit and on romps from the Roy L. Webber Expressway to Reserve Avenue can
be developed. RRHA further agrees that if the proposed exit and on ramps from the Roy
L. Webber Expressway to Reserve Avenue as shown on Exhibit 1 are not constructed by
VDOT and the City requests RRHA to acquire such property in Area 3, RRHA will take
the reasonably necessary steps to do so and to convey such property for development to
an entity that is able to develop the property in accordance with the provisions of the Plan
and that is deemed to be in the best interest of the City and RRHA.
Bo
RRHA agrees to make quarterly reports to the City on the progress of RRHA to
accomplish the goals and objectives of the Plan and the progress of the development of
RKE# 0688150.WPD 4
the Project Area in accordance with the Plan. Such reports shall contain sufficient
information to allow the City to determine if the development of the property within the
Project Area is in accordance with the Plan and the anticipated schedule of development
as contained in the Plan or any request that the City may have made to RRHA to
expedited development of any property within the Project Area as well as the funds that
have been expended and what they have been expended for and the anticipated funds that
will be needed within the next twelve (12) months and the remainder of the time period
provided for by the Plan. RRHA further agrees to provide any other documentation or
information that is deemed reasonably necessary by the City. Furthermore, RRHA agrees
to allow the City or its representative to inspect or examine any books, documents, or
other relevant material in connection with the Plan or this SJC Agreement 2.
RRHA agrees to comply with applicable federal, state and local laws and regulations in
connection with this SJC Agreement 2.
Go
RRHA agrees that upon request from the City, RRHA will accept budgeted grants,
donations, or appropriations of funds from the City that may be designated and
administered by RRHA to be received by third parties for improvements to the Initial Site
in the Project Area or other funds as permissible by law.
Ho
RRHA may, upon consultation with the City, sell property in the Project Area to a
developer or developers, upon such terms and conditions as determined by RRHA.
SECTION 5. BUDGET.
Subject to the terms and conditions hereof and ~.ny amendments hereto, the City and
RRHA agree to and hereby adopt and approve the Budget as set forth in Exhibit 2,
attached hereto and incorporated herein.
RRHA may transfer budgeted funds from line item to line item within the overall budget
referred to in Section 5(A) above upon approval by the City Manager or her designee as
long as such fund movement does not result in any change in the overall budget amount
agreed to by the City.
C°
RRHA agrees that any funds that may be transferred by the City to RRHA in accordance
with the budget set forth in Exhibit 2 shall be deposited by RRHA in a bank selected by
RRHA within a reserve fund to be used only in accordance with the Budget approved
herein by the CiB' and RRHA.
SECTION 6. AUDIT.
RRHA shall keep records of its financial transactions hereunder in accordance with generally
accepted accounting principles. The City and RRHA agree that RRHA shall engage the services
RKE# 0688150.WPD 5
of an independent auditor to conduct, as a part of its annual audit, an audit of the financial
transactions undertaken hereunder. The Municipal Auditor or other representative shall have
access to all financial or other records of RRHA in connection with the Plan or this SJC
Agreement 2.
SECTION 7. RRHA'S CONTRACT WITH OTHER PARTIES
RRHA may contract, without the City's prior approval for services deemed by RRHA to be
reasonably necessary to the undertaking and carrying out of RRHA's responsibilities under this
SJC Agreement 2.
SECTION 8. FIDELITY BOND.
RRHA shall furnish the City a copy of a blanket corporate fidelity bond with surety acceptable to
the City and to RRHA covering all officers and employees of RRHA capable of authorizing
disbursement of funds or handling funds received or disbursed by RRHA from the City, such
bond to be in the amount of One Million Dollars ($1,000,000) for each such officer or employee.
SECTION 9. COOPERATION.
Each party agrees to cooperate with the other in executing any documents necessary to carry out
the intent and purpose of this SJC Agreement 2.
SECTION 10. SEVERABILITY.
If any term of this SJC Agreement 2 is found to be void or invalid, such invalidity shall not affect
the remaining terms of this SJC Agreement 2, which shall continue in full force and effect.
SECTION 11. AUTHORITY TO SIGN.
The persons who have executed this SJC Agreement 2 represent and warrant that they are duly
authorized to execute this SJC Agreement 2 in their representative capacities as indicated.
SECTION 12. COUNTERPART COPIES.
This SJC Agreement 2 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 SJC Agreement 2 shall be binding
upon and inure to the benefit of each of the parties hereto and their respective successors and
assigns.
RKE# 0688150.VVPD 6
RKE# 0688150.WPD 7
SECTION 14. NONDISCRIMINATION.
A. During the performance of this SJC Agreement 2, RRHA agrees as follows:
RRHA 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 RRHA. RRHA agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
RRHA in all solicitations or advertisements for employees placed by or on behalf
of RRHA will state that RRHA is an equal opportunity employer.
Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
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RRHA will include the provisions of the foregoing Section A (i, ii, and iii) in every
subcontract or purchase order of over $10,000, so that the provisions will be binding
upon each subcontractor or vendor.
SECTION 15. DRUG-FREE WORKPLACE.
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During the performance of this SJC Agreement 2, RRHA agrees to (i) provide a drag-free
workplace for RRHA 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 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 RRHA that RRHA maintains a
drug-free workplace; and (iv) include the provisions of the foregoing clauses in every
subcontract or purchase order of over $10,000, so that the provisions will be binding
upon each subcontractor or vendor.
For the purposes of this section, "drug-free workplace" means a site for the performance
of work done in connection with a specific contract awarded to a contractor, the
employees of whom are prohibited from engaging in the unlawful manufacture, sale,
distribution, dispensation, possession or use of any controlled substance or marijuana
during the performance of the contract or the SJC Agreement 2.
RKE# 0688150.WPD 8
SECTION 16. ASSIGNMENT.
RRHA and the City agree not to assign or transfer any part of this SJC Agreement 2 without the
prior written consent of the other party hereto.
SECTION 17. NONWAIVER.
Each party agrees that any party's waiver or failure to enforce or require performance of any term
or condition of this SJC Agreement 2 or any party's waiver of any particular breach of this SJC
Agreement 2 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 SJC Agreement 2 or a waiver of
any other breaches of the SJC Agreement 2 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 SJC
Agreement 2 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 SJC Agreement 2 or by law.
SECTION 18. FORCE MAJEURE.
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Notwithstanding the foregoing, if, by reason of Force Majeure, any party is unable to
perform or observe any agreement, term or condition of this SJC Agreement 2 which
would give rise to a default by that party of any obligation under this SJC Agreement 2,
that party shall not be deemed in default during the continuance of such inability or due
to such inability. Provided, however, that the party seeking to apply this Section must
give written notice to the other parties within a reasonable period of time after the
occurrence of the event in question.
The term "Force Majeure" shall mean: acts of God; strikes; lockouts or other industrial
disturbances; acts of public enemies; orders or restraints of any kind of the government of
the United States of America or the Commonwealth or any of their departments,
agencies, political subdivisions or officials, or any civil or military authority;
insurrections; civil disturbances; riots; epidemics; landslides; lightning, earthquakes;
environmental problems; fires; hurricanes; tornados; storms; droughts; floods, arrests;
restraint of government and people; explosions; breakage, malfunction or accident to
facilities, machinery, transmission pipes or canals; shortages of labor, materials, supplies
or transportation; any property on which work is to be done being too wet to allow work
to be done on it; or any cause or event not reasonably within the control of the party
seeking to apply this Section.
SECTION 19. EASEMENTS.
RRHA promises and agrees to grant and dedicate to the City necessary easements on its property
in the Project Area for the construction of infrastructure improvements benefitting the Project
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Area or surrounding areas including, but not limited to, storm drainage, sanitary sewers, and/or
water, all at no cost to the City.
SECTION 20. CAPTIONS AND HEADINGS.
The section captions and headings are for convenience and reference purposes only and shall not
affect in any way the meaning or interpretation of this SJC Agreement 2.
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 or facsimile number that the party to be notified may have
designated to the sender by like notice) or if sent by facsimile to the facsimile number set forth
below:
If to City, to:
City of Roanoke
City Manager
364 Municipal Building
215 Church Avenue SW
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to:
Director of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA 24011
Fax No. 540-853-1213
If to RRHA, to:
or:
Executive Director, RRHA
P. 0. Box 6359
Roanoke, Virginia 24017-0359
2624 Salem Turnpike, NW
Roanoke, VA 24017
Fax No. 540-983-9229
With a copy to:
or:
Director of Administration
P. O. Box 6359
Roanoke, Virginia 24017-0359
2624 Salem Turnpike, NW
Roanoke, VA 24017
Fax No. 540-983-9229
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Notice shall be deemed delivered upon the date of personal service, two days after deposit in the
United States mail, the day after delivery to a nationally recognized overnight courier, or upon
the date of confirmation of a facsimile transmission.
SECTION 22. ENTIRE AGREEMENT.
This SJC Agreement 2 constitutes the entire agreement of the parties and supersedes all prior
agreements between the parties. No amendment to this SJC Agreement 2 will be valid unless
made in writing and signed by the appropriate parties.
IN WITNESS WHEREOF, the parties have executed this SJC Agreement 2 by their authorized
representatives.
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By
Darlene L. Burcham, City Manager
WITNESS:
ROANOKE REDEVELOPMENT AND HOUSING
AUTHORITY
By
John P. Baker, Executive Director
SEAL
Approved as to Form:
Approved as to Execution:
City Attorney
City Attorney
Appropriation and Funds Required for
this Contract Certified
Director of Finance
Date Acct. #
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· PROJECT PHASES
SOUTH JEFFERSON REDEVELOPMENT AREA
ROANOKE REDEVELOPMENT & HOUSING AUTHORITY
LEGEND
PROPOSED REDEVELOPMENT AREA BOUNDARY
HIGHWAY ACCESS RAMP TO SITE
(UNDER STUDY)
PHASE BOUNDARY
Exhibit 1
PHASE1B
SOIJRCE: ROANOKE REDEV-~LO~MF-hFT & HOUSING ALrfHORITY
NORTH
250' 125' 0 250' 500'
~"=250' , I
HAYES, SEAY, MATTERN & MAT1-ERN, INC
K.W. POORE & ASSOC. [NC
HILL STUDIO
WESSEX GROUP
Exhibit 2
South Jefferson Redevelopment Area
Three-year RRHA Project Budget: 2001-2004
Revised March 7, 2000
Acquisition - Site I & lA
Relocation - Site 1 & lA
Acquisit/Reloc. Addit. Properties
Appraisals
Acquistion Appraisals
Disposition Appraisals
Environmental Testing
Environmental Remediation
Consultant Fees
Demolition
Site Clearance
Direct Administrative Support
Reimbursables
Property Maintenance
Improvements to Initial Site'
RRHA Budget
$6,244,070
$978,237
$958,550
$65 000
$1o ooo
$250 000
$1,125 000
$350 000
$1,563 959
$150 000
$280 184
$10 000
$15 ooo
$2,000 000
Estimated Development Costs
$14.000.000
REDEVELOPMENT PLAN
for the
SOUTH JEFFERSON REDEVELOPMENT AREA
Roanoke Redevelopment and Housing Authority
February 5, 2001
l~D~~ PLAN
SOUTH JEFFERSON I~nEVELOPMENT AREA
Roanoke Redevelopment and Housing AuthorRy
The Redevelopment Plan for the South Sefferson Redevelopment Area constitutes the Revitalization Plan for
said area. The Plan consists of 20 pages and 2 maps.
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TABLE OF CONTENTS
INTRODUCTION
DESCRIPTION OF PROJECT AREA
Boundary Description
Boundary and Acquisition Map, Dated January 3, 2001
CONDITIONS REQUIRING R~DEVELOPMENT
STATEMENT OF GOALS AND OBJECTIVES
GENERAL LAND USE PLAN
1. Proposed Land Uso Map, da~ed January 5, 2001
2. Land Use Provisions and Building Requirements
Institutional/Mixed Use Ar~a Regulations
Commercial Area Regulations
Multi-family Resi~fi~Commereial Use Area Regulations
Public Use Area Regulations
REDEVELOPMENT TECHNIQ~S TO BE USED TO ACHIEVE PLAN OBJECTIVES
OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL LAW
PROCEDURES FOR CHANGES IN APPROVED PLAN
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SOUTH JEFFERSON R~ri'~EVELOPMENT PLAN
CITY OF ROANOKE, VIRGINIA
INTRODUCTION
The South Jefferson Redevelopment Area has been designated as a R~DEVELOPMENT PRO~ECT
under Chapter 1, Article 7, T'~le 36, Code of Virginia, on the basis of the need for concentrated public
action in a blighted area and to strengthen the economic base of the City of Roanoke, Virginia.
The problems identified in the South Jefferson Redevelopment Area include: deteriorated and
dilapidated structures, deficient streets, sidewalks, and drainage, deleterious land uses, obsolete
layout/faulty arrangement of design, obsole~.ence, flood hazards, abandoned structures, abandoned
vehicles, an accumulation of debris and overgrown lots, depressed economic business activity, and a
decline in the economic impacts for the City of Roanoke. The target area has been designated as a
Redevelopment Area, as described below, with the pr/mary goal of removing bight and blighting
influences and provid/ng for the economic and physical revitalization of the area
DESCRHVTION OF PROJECT AREA '
The boundary of the South Jefferson Redevelopment Area is delineated on the Boundary and
Acquisition Map (Exhibit la), South Jefferson Redevelopment Area, Roanoke Redevelopment and
Housing Authority (RHA), dated January 5, 2001, and is further described as follows:
BOUNDARY DESCRIFrION
SOUTH JEFFERSON I~EnEVELOPMENT AREA
BEGINNING at the southwestern point of Parcel 1040102, City Tax Map, on the eastern
right-of-way line of Route 220, Roy Webber Expressway;
Thence, northeasterly approximately 32.5 feet along the right-of-way of Route 220 to a point,
said point being the northwestern comer of Parcel 1040102, City Tax Map;
Thence, easterly approximately 994.4 feet along the northern property line of Parcel
1040102, City Tax Map, to its intersection with the western right-of-way line of Franklin
Road.
Thence, continuing easterly approximately 62 feet across Franklin Road to a point on the
eastern right-of-way line of Franklin Road;
Thence, northerly approximately 229.5 feet along the eastern right-of-waY tine of Franklin
Road to a point approximately 37.5 feet west of Parcel 1032205, City Tax Map;
Thence, easterly approximately 1173.38 feet to a point approximately 30 feet north of the
northernmost boundary point of Parcel 1032207 Tmet A, City Tax Map;
Thence, northeasterly approximately 762.51 feet to a point on the western right-of-way line
of Jefferson Street;
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Thence, northerly approximately 1409.5 feet along the western right-of-way line of Jefferson
Street to the intersection of said line with the northern fight-of-way line of Albermarle
Avenue;
Thence, easterly approxima~ly 372.5 feet along the northern fight-of-way line of Albermarle
Avenue to the intersection of said line with the western right-of-way of the alley closed by
ordinance 22087-3375;
Thence, northerly 136.2 feet along said alley right-of-way line to its intersection with the
northern property line of Parcel 4021503, City Tax Map;
Thence, westerly approximately 193.6 feet along the northern property lines of Parcels
4021503, 4021508 and 4021507, City Tax Map, to the intersection of said line with the
western property line of Parcel 4021505, City Tax Map;
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Thence,
402150~
Avenue;
northerly approximztely 270.0 feet along the western property line of Parcel
to the intersection of said line with the southern right-of-way line of Highland
Thence, continuing northerly approximately 50 feet along the western right-of-way line of
Highland Avenue to the north right-of-way line of said Avenue;
Thence, easterly approximately 246.5 feet along the northern right-of-way line of Highland
Avenue to the intersection of the said right-of-way line with the western right-of-way line of
3m) Street;
Thence, continuing easterly across 3~v Street approximately 50 feet to a point, said point
being on the eastern right-of-way-of 3~m Street;
Thence, southerly approximately 1340.6 feet along the eastern right-of-way line of 3~u> Street
to the intersection of said line with the northern right-of-way line extended of the Norfolk
Southern Corporation Railway eastern tracks;
Thence, continuing easterly across the nonhero right-of-way line extended of the Norfolk
Southern Corporation Railway to the intersection of said line with the southern most property
boundary point of Parcel 4030307, City Tax Map, on the eastern right-of-way line of the
Norfolk Southern Corporation Railway;
Thence, northerly approximately 1152 feet along the eastem right-of-waY line of the Norfolk
Southern Corporation Railway to the intersection of said line with the southern right-of-way
line of Albemarle Avenue;
Thence, continuing northerly approximately 50 feet across Albemarle Avenue to a point at
the intersection of the northem right-of-way line of Albermarle Avenue with the western
most property boundary point of Parcel 4020920, City Tax Map;
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Thence, northerly approximately 211.0 feet along said western property line of Parcel
4020920, City Tax Map, to its intersection with the southwestern right-of-way line of 4m
Street;
Thence, continuing north approximately 427.7 feet to a point along the northern right-of-way
line of 4m Street;
Thence, sotrtheasterly approximately. 50 feet across 4m Street to a point at the intersection of
the southern right-of-way line of 4'" Street and the northern property line of Parcel 4021914,
City Tax Map;
Thence, southeasterly approximately 110 feet along the northern property line of Parcel
4021914, City Tax Map, to the intersection with the eastern property line of said Parcel;
Thence, southerly approximately 440.3 feet along the eastern property lines of Parcels
4021914, 4021934, and 4021915, City Tax Map, to the intersection of said line with the
northern right-of-way line of Albermarle Avenue;
Thence, easterly approximately 94.9 feet along the northern right-of way line of Albermarle
Avenue to the intersection of said line with the eastern property line of Parcel 4021925, City
Tax Map;
Thence, southerly approximately 50 feet across Albemarle Avenu~ to point at the
intersection of the southern right-of-way line of Albermarle Avenue and the western property
boundary line of Parcel 4022211, City Tax Map;
Thence, southerly approximately 282 feet along the western property lines of Parcels
4022211 and 402223, City Tax Map, to the intersection of said western property line with the
northern right-of-way line of the Norfolk Southern Corporation Railway;
Thence, southerly approximately 87 feet across the Norfolk Southern Corporation Railway to
a point along the southern right-of-way line of the Norfolk Southern Corporation Railway;
Thence, northeasterly approximately 217.6 feet along the southern right-of-way line of the
Norfolk Southern Corporation Railway;
Thence, southeasterly approximately 19.6 feet along the southern right-of~way line of the
Norfolk Southern Corporation Railway to the intersection of said line with the northern
property line of Parcel 4030301, City Tax Map;
Thence, southerly approximately 40 feet along the northern property line of Parcel 4030301,
City Tax Map;
Thence, easterly approximately 100 feet along said nonhero property line to the eastern most
property line of Parcel 4030301, City Tax Map;
Thence, southwesterly approximately 428 feet along the eastern property line of Parcel
4030301, City Tax Map, to its intersection with the eastern right-of-way line of the Walnut
· ' Bridge On-Ramp Access Road;
Thence, southwesterly approximately 12 feet along the eastem right-of-way line of the
Walnut Bridge On-Ramp Access Road to its intersection with the most southeasterly
property boundary of Parcel 4030304, City Tax Map;
Thence, continuing southwesterly approximately 320 feet along the southeasterly property
line of Parcel 4030304, City Tax Map, to said lines intersection with the northern right-of-
way line of Walnut Avenue.
Thence, continuing southwesterly approximately 55 feet across Walnut Avenue to the
intersection of said Avenue and the southeast comer of Parcel 4030306, City Tax Map;
Thence, southwesterly appro×imately 482 feet along the eastern property line of Parcel
4030306 to the intersection of said line with the eastern right-of-way line of the Norfolk
Southern Corporation Railway;
Thence, southerly approximately 258.5 feet along the eastern right-of-way line of the Norfolk
Southern Corporation Railway to its intersection with the northern property line of Parcel
4040501, City Tax Map;
Thence, southerly approximately 1453.5 feet along the. east property lines of Parcels
4040501, 4040503, 4040506, 4040502, 4040508 and 4040507, City Tax Map, to the
intersection of said line with the southwest comer of Parcel 4040507, City Tax Map and the
eastern right-of-way line of South Jefferson Street;
Thence, westerly approximately 93 feet across South Jefferson Street to a point at the
imersection of the eastern right-of-way line of the Norfolk Southern Corporation Railway
and the eastern right-of-way of South Jefferson Street;;
Thence, northerly approximately 875 feet along the eastern right-of-way line of Jefferson
Street to a point at the intersection of said eastern fight-of-way line and the southern fight-of-
way line extended of Reserve Avenue;
Thence, westerly approximately 1970.4 feet along the southern right-of way line of Reserve
Avenue to its intersection with the eastern right-of-way line of Franklin Road;
Thence,
Franklin
property
southwesterly approximately 134.9 feet along the eastern right-of-way line of
Road to a point at the intersection of said eastern right-of-way and the southern
line of Parcel 1040102, City Tax Map, extended;
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Thence, westerly approximately 56 feet across Franklin Road to a point at the intersection of
the western right-of-way line of Franklin Road and the southern property line of Parcel
1040102, City Tax Map;
Thence, westerly approximately 850.8 feet along the southern property line of Parcel
1040102, City Tax Map, to the POINT OF BEGINNING.
C. CONDITIONS REQUIRING REDEVELOPMENT
The Virginia General Assembly has determined that there exist in many communities in the
Commonwealth areas which due to their physical condition may impair economic values and
tax revenues and constitute a threat to the health, safety, morals or welfare of the
community's residents, and where conditions such as diverse ownership and outaated layout
may prevent property development of the land. Such areas are deemed proper subjects for
the expenditure of public money and the acquisition of private property, either by negotiation
or by use of the power of eminent domain.
The South Jefferson Redevelopment area has been determined to be such an area for the
following reasons:
Economic Conditions
An economic analysis of the Redevelopment Area reflects a pattern of stagnation over the
five-year period ending in 1999 for which Roanoke City economic statistics are available.
During that period, total employment in the Redevelopment Area has fallen from 388 to
327 (a 15.6% reduction); wage dislribufions have decreased at an average annual rate of
1.08% while wages for the City as a whole have increased by 4.77% annually; and
personal income has fallen by 1.65% each year in the area while increasing by 0.65%
each year throughout the City.
The analysis of the overall economic impact of the Redevelopment Area on the City's
economy paints a similar picture (the sum of direct, indirect and induced effects). Total
receipts of all businesses effected show an increase of only 0.80% in the 5-year period,
the value of output has decreased 3.31%, wages, salaries and bonuses paid by effected
businesses declined by (1.85%), and employment is 7.86% lower.
Statistics show these decreasing economic returns for the City and its residents, and
therefore a growing burden of an outdated commercial area to the City's economic
condition.
Flooding
81.99% of the land in the Redevelopment Area lies within either the floodway or the
floodplain of the Roanoke River and is subject to serious flood impacts. Of the 60
buildings in the area, 51 (comprising 41 businesses), or 85%, would be flooded in a 100-
year flood, at depths ranging from .23 feet to 17.29 feet above the elevations of the
lowest floor levels or lowest adjacent grades. A significant majority of the 51 buildings
including outside business storage areas subject to flooding do not meet the City of
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Roanoke's requirements for floodplain development (which are designed to permit
investment in flood hazard areas while minimizing the damage expected from flood
events). Thus, all are likely to sustain flood damage and many with catastrophic damage
in a flood. This fact alone may in large part explain the economic stagnation and the
evidences of disinvestment which characterize the Area.
Environmental HaT*rds
Ten (10) businesses operating on parcels comprising 28.6 percent of the Redevelopment
Area's 110.5 total acres store and handle hazardous chemicals on their premises. All are
located within the 100-year floodplain of the Roanoke River. Their presence within the
flood hazard area materially increases the risk that there will be releases of laaTardous
materials in the environment .during a flood event. Indeed, during the 1985 flood,
hazardous materials were released from businesses in the Redevelopment Area to such a
degree that extensive cleanup operations were required.
In addition, known, quantified environmental contamination, exceeding human health
risk-based screening criteria established by USEPA, exists on four (4) parcels, and on an
additional ten (10) parcels previous activities involving the handling of hazardous
materials or the presence of underground storage tanks suggest the need for further
environmental investigation.
That so many parcels in an area immediately adjacent to the downtown core of the City
are, or in the past have been, used for the handling and storage of environmentally
hazardous materials illustrates the degree to which the Redevelopment Area has failed to
be developed in a manner appropriate to its location and potential for the economy of the
City and the region.
Structural Conditions
Seven (7) of the 60 buildings located within' the Redevelopment Area, occupying parcels
totaling 13.5 acres, have major sm~_ctuml deficiencies warranting demolition and
clearance, and another 41, occupying 42.4 acres, reflect deficiencies that indicate
deferred maintenance and consequent deterioration. Dilapidation and deterioration of
structures exist on 81.4 percent of all private property (exclusive of Norfolk Southern
Corporation Railroad).
Other Conditions
Other conditions likewise explain the extent of blight and deterioration and the failure of
the Redevelopment Area to make a contribution to the City's economy that its residents
must be able to expect from one of its core commercial areas. Twelve percent (12%) of
the parcels in the Redevelopment Area are either entirely vacant or improved only with
structures that are essentially unused. One of the largest parcels is only minimally
improved. The scrapyard now occupies some of the City's most centrally located and
environmentally sensitive Roanoke River frontage. Much of the surface area that is not
occupied by buildings is unpaved, unlanclscaped, and poorly maintained. Many of the
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streets are narrow and deteriorating, while sidewalkz and curb and gutter range generally
fxom poor to nonexistent.
IN SUMMARY, 74.4% of the total land area, comprising 77.8% of the tax parcels, in the
South Jefferson Redevelopment Area is for one of the reasons set forth in the applicable
statutes either blighted and deteriorated or improperly developed, or both. All remaining
areas are adversely affected by these conditions. The result is that one of the most
strategically located areas of the City, lying between the downtown core commercial area to
the north and the region's major medical complex and a prominent residential area to the
south, is stagnant and under-productive, and no longer meets the economic and social needs
of the modern Roanoke.
D. STATEMENT OF GOALS AND OBJECTIVES
The goals set forth below for the redevelopment of the South Jefferson Redevelopment Area are
general in nature and establish the parameters for the subsequent review of development proposals by
the Roanoke Redevelopment and Housing Authority for the private reuse of real property and/or
buildings within the Redevelopment Area. The Authority in cooperation with the City has identified
the South Jefferson Redevelopment Area as a high priority area owing to its economic decline, level
of blight, vacancy, land use patterns, deteriorating infrastructure, environmental deficiencies and
potential economic impact of floods and associated health and safety risk.
The primary goal of the Redevelopment Plan is to provide for private reinvestment and economic
growth through redevelopment by private enterprise. The project will serve to foster positive
economic development through a staged process of public/private redevelopment and/or rehabilitation
throughout the entire area and along key corridors connecting to the downtown. Also, the project will
provide for an urban development pattern that mitigates environmental risk, one that is compatible
with the surrounding commercial and residential districts.
The objectives address appropriate land use patterns, economic growth and development, removal of
blight and blighting influences, public street and utility improvements and flood control. The
following redevelopment goals shall serve as a basis for redevelopment regulations and controls
placed on the land.
Goal: Eliminate blight, blighting influences, deterioration and deleterious land use through
redevelopment and clearance, rehabilitation and relocation assistance.
Objectives:
· Eliminate slxucmral dilapidation, deterioration, and blighting influences through clearance and
redevelopment, rehabilitation, adaptive reuses and capital improvements.
Acquire property where the conditions of title, diverse ownership of property to be assembled, lot
layouts, and/or other conditions prevent a proper development of the land and where such
acquisition is necessary to carry out the objectives of the Redevelopment Plan.
Require owners of existing properties not to be acquired to extend the structure's useful life
through reconstruction and/or rehabilitation, replace deteriorated and obsolete buildings, provide
for flood mitigation and haTard remediation and compatible property uses with the
Redevelopment Plan.
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Provide displaced affected businesses with relocation assistance, minimizing disruption of
existing operations, and where appropriate, assist in identifying property around the
Redevelopment Area or other appropriately zoned areas for business relocation.
Provide for flood impact reduction and environmental hazard remediation through physical
improvements within the public space, development contracts, and mitigation and remediation
requirements for private development.
Goal: Improve business activity and generate additional economic value for the City of Roanoke
through redevelopment of land for biotechnology and related uses.
Objectives:
* Strengthen economic and emplOyment growth in the Redevelopment Area targeting growth
industries/businesses that can enhance tax revenues for the City of Roanoke and provide job
opportunities to benefit the overall community.
Eliminate blighted properties and blighting influences constituting obstacles to direct and indirect
public initiatives and private reinvestments in.the area.
Encourage a dynamic mix of new land uses within the Redevelopment Area which reflect and
accentuate a more complete and viable urban environment.
Capitalize on the physical proximity of the area with the major hospital corporations and
associated institutions to foster the use of shared resources and make medical and professional
service development more feasible.
· Market both an entrepreneurial and corporate environment for biomedical, technology research,
medical, office development and related medical services.
· Incorporate technology infrastru~ which is fully capable of competing with other suburban
office parks and medical center locations.
Goal: Make best use of the area's location and urban character to provide for an orderly
development frameworlc
Objectives:
· Capitalize on the area's location relative to Jefferson Street, Franklin Road, and 1-581,
recognizing opportunities to establish a more vital and attractive southern gateway into downtown
Roanoke.
· Ensure greater compatibility and connectivity of the Redevelopment Area's developments with
the surrounding neighborhoods.
· Provide for improved public enjoyment of the Roanoke River and greater associated leisu~
space.
· Lessen negative automobile impact with strategically placed parking structures and parking lots
providing convenient, direct access from the interstate and key access routes. Encourage
alternative modes of travel through pedestrian amenities and transient service.
8
· Provide sufficient parking incorporated as part of the area's architecture, appropriately screened.
.¸0
Provide a strong physic, al focus along the Jefferson Street corridor by encouraging an urban scale
and action-oriented uses that attra~ workers and visitors, promote pedestrian traffic, and nurture a
viable, economic environment. (Discourage development which features wasted space, blank
walls, or uses that front away from the strut.)
Incorporate lighting features, pedestrian systems, signage and other streetscape improvements
along primary street corridors to create a consistent and compatible Wansition with the downtown.
Goal: Provide for a versatile mix of complimentary land uses within the Redevelopment Arec~
Objectives:
· Create a vibrant place for work, leisure/recreation, urban living and other support functions
through the development of multiple land uses (institutional, commercial, residential) including
compatible mixed use developments.
Provide land for private redevelopment which will support and strengthen the area's emerging
economic base, particularly biotechnology,, medical research, business service uses with a
supporting commercial core along Sefferson Street.
· Encourage visual contributions to the arts (i.e. sculpture, water features, etc.) as part of the
proposed development plans for property reuse.
Use a variety of amenities as subtle reminders of the area's uniformity, and influence their design
and placement with urban forms within and surrounding the Redevelopment Area. (A strong
visual image is encouraged at key activity centers through the use of building
facades/architecture, open space and landscape treatment of a consistently high quality.)
Provide public improvements to complement and serve the area, including needed utilities, storm
drainage/flood control, public parks, internal street improvements, landscaping and lighting,
vehicular and pedestrian circulation, parking facilities and improved ingress and egress with the
Redevelopment Area.
· Provide for on-street parking, where appropriate, in keeping with a viable urban environment.
Provide for strategically located and screened off-street parking that will offer sufficient spaces
distributed throughout the Redevelopment Area, create opportunities for businesses and serve to
compliment business activity.
9
E. GENERAL ~ USE PL~
~1. Proposed Land Use Map
The Proposed Land Use Map (Exhibit 10a), dated January 5, 2001, sets forth the following:
a. The vision for the Redevelopment Area as three (3) distinct development districts:
Campus and Institutional Area- Inner focused campus design and environment
characterized by identifiable institutional and related structures of a more traditional
design in a landscape setting with setbacks, quadrangles and courtyards, and strong
pedestrian movement.
Jefferson Street Corridor- Serving as the central artery extending the urban pattern
of downtown, anchored by the St. Andrews compound and Roanoke Memorial
Hospital.
The Crossing - A village at the crossroads of transportation systems and
transportation oriented structures, utilizing the architecture of warehouses and
historical structures for loft space and flex development, a counter point for the more
refined campus and the traditional downtown.
bo
The proposed redevelopment of the South ~efferson Redevelopment Area target area
including the specific land use for the respective development districts for which land use
provisions and density regulations are identified herein.
The location of all lands proposed for public use and development and lands proposed for
private use and development.
do
References to mixed use indicates that one or more or a combination of uses is
appropriate as the predominant land' use type in a particular block, partial block or
individual building.
eo
For purposes of this Redevelopment Plan, references to the word Authority and RHA
shall mean the Roanoke Redevelopment and Housing Authority, and to the Project Area
Plan or Redevelopment Plan shall mean the South Jefferson Redevelopment Area Plan.
2. Land Use Provisions and Density Regulations
The following subsections: a. GENERAL PROVISIONS AND REGULATIONS;
b. INSTrruTIONAL/MIXED USE REGULATIONS; c. COMMERCIAL REGULATIONS;
d. MULTIFAMILY RESIDENTIAL/COMMERCIAL USE REGULATIONS; and, e. PUBLIC
USE REGULATIONS shall apply to the land use areas identified on the Proposed Land Use map
dated January 5, 2001 and shall be incorporated as covenants in appropriate disposition
documents of land acquired for redevelopment by reference to a written declaration thereof
recorded simultaneously with the new plat(s) of the South Jefferson Redevelopment Area. These .
covenants are to nm with the land and shall be binding on all parties and persons making claims
under them for the period of time this Redevelopment Plan is in effect. The permitted use of
disposal parcels and of such parcels improved with Authority funds shall be limited to uses
specified for the land use area in which each parcel is located and further subject to other
10
regulations specified herein. Design Guidelines for the South Jefferson ~V~development Area shall
be approved by RI-IA and used as guidelines for the review of all development proposals.
a. GENERAL PROVISIONS AND REGULATIONS
1)
A redeveloper shall devote all land only to those uses specified in this Plan. In general,
the predominant land uses indicated by the Redevelopment Plan are Institution~ed
Uses including traditional institutional uses with support retail and related commercial
services, research and development facilities, and distribution/supply centers as permitted
under current C-3 (Central Bus/ness District) zoning regulations. In addition to the
predominant uses indicated on the Proposed Land Use Map, other types of compatible
mixed use development which meet City regulations, may be considered and deemed
appropriate by the Roanoke Redevelopment and Housing Authority.
Density
Future development that occurs in this area shall predominantly reflect a higher density
urban environment as opposed to a suburban environment. To the greatest extent
practicable, compact development patterns and human scale design principles shall be
incorporated into building facades/architecture, streetscape and site development plans.
3)
Orientation of Buildings
The from elevation of all buildings and main entrances shall be oriented to the street
whether public or private. Zero lot lines are permitted on primary streets with
appropriate minimum/maximum setbacks in accordance with City zoning districts
regulations. No surface parking is permitted along the frontages of primary streets unless
parking is located under buildings, screened and developed as part of the building
architecture.
4)
Landscape Treatment
All common open space areas, public and private, including those for pedestrians and
parking, shall be landscaped with .plantings, walks, grass or similar features.
Landscaping shall include a variety of trees and shrubs of varying degrees of maturity to
provide a variety of seasonal interest. A plan for landscaped areas shall be submitted and
approved by the Roanoke Redevelopment and Housing Authority.
5)
Property Maintenance
All redeveloped property within the designated area shall be maintained so as to ensure a
state of good repair. All building facades and exterior finished surfaces shall be
maintained to prevent flaking, peeling, blistering and excess weathering, No abandoned
vehicles, accumulated rubbish or debris shall be permitted to remain on any real property,
public or private.
6)
Off-SWeet Parking and Loading Regulations
Off-sweet parking and loading space, size and number required shall be determined at the
time of review of development proposals and shall not be less than those required by
zoning regulations for the City of Roanoke. In general, off-street parking should be
limited to the minimum amount necessary to prevent unnecessary paved areas. Shared
parking facilities are strongly encouraged. Reserve or future parking areas may be
designated on proposed site plans in order to meet minimum parking requirements set
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7)
S)
9)
forth in the zoning ordinance. Such areas shall be kept as landscaped open space until
additional parking demand can be documented.
All surface parking lots except for parking under buildings shall be located to the side or
rear of the building to permit orientation of the front facade to the street. All surface
parking lots shall be paved with an all-weather dust free surface and all parking spaces
clearly delineated and identified. Parking areas should have both interior and perimeter
landscaping with appropriate screening or berms along streets. A minimum ratio of tree
canopy to paved parking area is set forth in the Design Guidelines for the South,Tefferson
Redevelopment ,irea.
Lighting Requirements
Outdoor lighting when provided as accessory to any use or when used to illuminate any
sign shall be located, directed and shielded so as not to shine directly on adjoining
properties. The placement, number, type and intensity of all exterior lighting equipment
must be approved by the Authority.
Si~mage
Individual signs shall have a unified design to express a common theme while allowing
flexibility for expression of company identity. Directional and informational signage
shall also have a unified design. Signage guidelines and suggested design concepts are
specified in the Design Guidelines Standards. All signage outside public right-of-way
should be of monument design rather than pylon or monopole designs.
Building Materials
In general, buildings shall be compatible with surrounding architecture in terms of
materials, placement of buildings and architecture features. Design shall consider bulk,
massing, height and roof lines. Large buildings shall have multiple masses and avoid a
continuous warehouse type of appearance. Large unbroken expanses of windowless
exterior walls are prohibited. Color and materials may vary, but shall be compatible and
reflect the vernacular palette specified in the Design Guidelines Standards.
10)
Connectivity
Development plans shall contribute to an interconnected pedestrian and vehicular
transportation system with multiple ingress and egress and with consideration for the
surrounding commercial district and historic neighborhoods. Improved cmnectivity to
neighborhoods by private development interests shall be established through streetscape
design, landscaping and by integrating master planned pedestrian and bicycle paths into
individual site plans.
Refuse Storage Regulation
Outdoor storage areas and loading areas, if permitted under the applicable zoning
regulations, shall be provided on the lot or parcel, located to the rear of buildings and
well screened from public view. Such storage and collection facilities shall be of a type
that is dog, cat, rodent and vermin proof.
12)
Preservation of Easements
Easements shall be specifically reserved over and through all front, side, rear, and interior
lot lines and at all comers.
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Utilities
All utility service fixtures, attachments, supports, conduits and appliances shall be placed
underground for those lots and parcels which are located outside of floodplain areas and
to extent feasible for such improvements within floodplains when flood damage
protection can be assured. All outdoor heating, ventilation and air conditioning
equipment shall be screened from public view including rooftops.
~4)
Standards and Procedures for Evaluating Development Proposals
Proposals for the redevelopment and/or rehabilitation of specific parcels for any use shall
be evaluated by the Roanoke Redevelopment and Housing Authority based on the
following criteria:
The degree to which the proposed development meets Redevelopment Plan, physical
and financial goals and objectives, including conformity with Design Guidelines
Standards which suggest the type and character of the proposed development.
b)
The quality of the specific site and building design and overall harmony of design
within the Redevelopment Area considering such factors as urban scale and
character, building masses, heights, pedestrian space and circulation, integrated use
of space, and compatible building materials.
c) Adequacy of open space, vehicular access, circulation and off-street parking and
loading, and flood impact reduction measures.
d) Financial capability and responsibility of the developer.
e) Time schedule for completion and development.
15) Reservation of the Right of Review
a)
b)
The Roanoke Redevelopment and Housing Authority specifically reserves the fight
to review and approve all detailed plans and specifications, including signs, with
respect to their conformance with the provisions of the Redevelopment Plan and such
design controls as may be promulgated and made a part of disposition procedures by
said Authority. Preliminary sketch drawings of site plans, access, parking, landscape
treatment and building plans, elevations and other improvements shall be submitted
to the aforementioned Authority for review and its approval gained before final plans
are made. Final schematic drawings shall be submitted to the aforementioned
Authority for review and its approval prior to conveyance of the parcel to the
redeveloper.
In the exercise of its right of review of proposals, the Authority may retain the
services of professionals experienced in land planning, architecture, landscape
architecture and urban redevelopment. At RHA's request the City or other
professionals may review proposals and set forth their comment and opinions for use
by the Authority in the selection and/or approval of a specific proposal.
c) The permitted use of disposition parcels shall be limited to the uses specified herein.
All disposition instruments shall contain a provision requiring that property in the
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South Sefferson Redevelopment Area be developed ~f.I "~d in conformance with the
regulations of the Redevelopment Plan and the _Desl~I Uftl(ielines Standards.
b. INSTITUTIONAL~flXED USE AREA REGULATIONS
Use Regulations: Land or building uses shall be in acconlnfoc, with the City of Roanoke
Zoning Ordinance regulations and those specifically designalo(i ()Il the Proposed Land Use
Map, dated January 5, 2001. Emphasis will be placed o!! hnrmonions development of
institutional uses, supporting retail and related commercial norvtces, professional offices,
research and development facilities and distribution/supply (:Vmer developments that offer
creative, versatile forms of development within an urban com~l. The institutional/mixed use
and supplementary regulations shall be no less than what in n~l Ibrth in the current zoning
regulations for the respective uses, or whatever zoning is tqqdlcable at that time of RI-IA
review of development proposals for the South Jefferson Redcwh q}ment Area.
Building Location: Setbacks of buildings from property linen .~l' t~ specific lot or parcelshall
be determined at the time of review of development proposaln.
Building Height Regulations: There shall be no maximum heiF. hl ~,1' structures.
Open Space: The minimum open space requirement shall be I~tl (10) percent of the lot area
and will be unencumbered by driveways or parking. The open npacc area may include open
pedestrian plavn~ and/or decks over structures which are not mi, e Ihan twenty (20) feet above
the average ground level.
c. COMMERCIAL AREA REGULATIONS
Use Regulations: Land or building uses shall be in accords,~co with the City of Roanoke
Zoning Ordinance regulations and those specifically designalvd on the Proposed Land Use
Map, dated January 5, 2001. These uses shall serve both tl!~ Community and surrounding
market area in accordance with these regulations in a maimer which shall not create or
become a nuisance or bz~zrd. An emphasis shall be placed ¢,! Permitting professional and
business service uses as well as lodging and travel service deveh q,uent. The commercial uses
and supplemental regulations shall be no less than what is set Ii,ih in the current C-3 (Central
Business District) zoning regulations, or whatever zoning ia nPPllcable at the time of RHA
review of the development proposal for the South Jefferson Redevelopment Area.
Building Location: Setbacks of buildings from property linen ~1' t! specific lot or parcel shall
be determined at the time of review of development proposala.
Building Height Regulations: There shall be no maximum heighl (,1' structures.
Open Space: The minimum open space requirement shall be tol~ (10) percent of the lot area.
Lighting Regulations: Lighting of property shall not causo Yin,al glare toward adjoining
property or motor vehicle operators. Lamp standards shah m~l exceed fifteen (15) feet,
except for parking lot lighting and shall not visually expose i[~v [nmps to any residential area.
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Landscaping: Use of natural vegetation and trees shall be required to buffer general
commercial uses, especially auto related uses, from adjacent uses and to improxe appearances
of the parcel from the roadway.
d. COMMERCIAIfh,R3LTIFAM/LY RESIDENTIAL USE AREA REGULATIONS
A primary objective of the mixed use classification is to save those buildings in the
designated area that are suitable for an adaptive residential or commercial reuse, "Suitable for
Rehabilitation" and contribute to the architectural heritage and preservation objectives of the
City. Two (2) warehouse structures are initially considered of this type in this targeted area.
Use Regulations: Land or building uses designated Commercial/Multifamily Residential on
the Proposed Land Use Map, dated January 5, 2001 may be used for either multifamily
dwellings and accessory uses where such development is in keeping with the surrounding
neighborhood and/or commercial uses set forth in the designated institutional or commercial
areas. The multi-family residential/commercial use and parking regulations shall be no less
than what is set forth in the current RM-4 (Residential Multifamily High Density) and C-3
(Central Business District) zoning regulations, or whatever zoning is applicable at the time of ;_~
RHA review of development proposals for the South Jefferson Redevelopment Area.
Building Location: Setbacks of buildings from property lines of a specific lot or parcel shall
be in accordance with the following:
1) Front Yard: There shall be no minimum depth of front yards. New buildings shall be set
back from the streetline the average distance of existing buildings on adjoining lots
2) Side Yard: A minimum distance of eight (8) feet from the property line
3) Rear Yard: A minimum distance of twenty-five (25) feet from the rear property line
Building Height Regu/ations: There shall be no maximum height of structures, but any
building within the multifamily residential/commercial area which is on a lot adjoining a
single family residential lot shall have a maximum height of forty-five (45) feet
Open Space: There shall be one hundred square feet of open space for every dwelling unit on
the lot.
e. PUBLIC USE AREA REGULATIONS
Use Regulations: All lands designated permanent open space on the Proposed Land Use
Map, dated January 5, 2001, shall be used only for open space and no .buildings shall be
constructed thereon, except for lands designated for public parks, where public buildings and
appurtenances related to the operation and maintenance of such facilities shall be permitted
upon approval by the Roanoke Redevelopment and Housing Authority. Where such lands
constitute floodplain areas, as prescribed in Section 36.1-362 of the City of Roanoke Zoning
Ordinance, the floodplain regulations shall be no less than what is set forth in the current
Floodplain Zone zoning regulations, or whatever zoning is applicable at the time of RI-IA
review of development proposals for the South Jefferson Redevelopment Area.
Pedestrian VFallovay Regulations: Public pedestrian walkways developed throughout the
Redevelopment Area shall be hard surfaced, landscaped and shall provide occasional sitting
and small gathering areas.
15
Open Space Landscaping Regulations: Landscaping of common open space areas, shall
include a variety of trees and shrubs of varying degrees of maturity to provide a variety of
seasonal interest. All unpaved areas shall be sodded, grassed or planted with trees, shrubs or
groundcovers.
f. TIME REGULATIONS TO BE IN EFFECT
The above regulations and land use provisions, including any amendments thereto, shall be in
full force and effect for a period of thirty calendar years from the date of approval thereof by
the Roanoke Redevelopment and Housing Authority.
g. APPLICABILITY OF REGULATIONS
The provisions and requirements set forth herein are to apply to all real property within the
South Jefferson Redevelopment Area boundaries acquired by the Roanoke Redevelopment
and Housing Authority and/or improvements to said property financed in whole or part by the
Authority. Such regulations and land use provisions shall be made applicable to other real
property not to be acquired whenever the owner thereof acquired any Redevelopment Area
land; provided, such not to be acquired property is not developed so as to preclude
compliance with such regulations and controls.
RF. BEVELOPMENT TECHNIQUES TO BE USED TO ACHIICVE PLAN OBJECTIVES
Because of the extent of blight and deteri~tion that exists throughout the area and the limits by which
corrective measures are available to provide for the proper development of the land, redevelopment of the
area will require the acquisition of all real property, relocation of businesses, and dearance of
improvements. Adaptive reuse and the rehabilitation of acquired structures will depend on those
structures identified as "Suitable for Rehabilitation". Public utilities, streets and drainage will be
improved by the City of Roanoke. All property to be acquired is identified on the Boundary and
Acquisition Map, dated January 5, 2001.
Acquisition/Relocation and Clearance of Real Property
All real property identified "to be acquired" is scheduled for acquisition by purchase, donation, the
power of eminent domain (within the limitation of Section 3650 and 36.50.1, Code of Virginia,
1950 as amended) or otherwise. Acquisition will be administered by the Roanoke Redevelopment
and Housing Authority.
Real property within the South Jefferson l~mievelopment Area shall be acquired and cleared for the
following purposes:
To remove blight and blighting influences. Within the total area, 74.4 percent of the land is
blighted or deteriorated by reason of dilapidation and other blighting factors. The structure
(layout) and conditions of the area and the nature of environmental deficiencies are such that an
improvement of these deficiencies is possible only through the acquisition/clearance of certain
parcels and the redesign and improvement of the entire area.
b. To expand commercial uses and compatible homing resources in the area in accordance with the
Redevelopment Plan objectives.
Relocation assistance and payments to commercial occupants of property acquired by the Authority
will be initiated immediately following property acquisition. All relocation activities are to be
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administered by the Roanoke Redevelopmem and Homing Authority under Virginia's Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1972, as amended(hereinafter
r~ferr~d to as the "Act ") and the r~lated sections of the Virgi~'nia AdminisWafive Code (heteaf~
refemxi to as "the Code") for business and nonprofit organizations that are to be displaced as a result
of redevelopment activities.
A~apfive Reuse/Rehabilitation
The Authority may provide assistance in the ~,t~ptive muse and renovation and/or rehabilitation of
buildings (abandoned commercial/residential structures) to expand homing opportunities and/or
provide for commercial r~se. Adaptive reuse and rehabilitation will only be accomplished in
partnership wi& pr~ate investors, and if the property can be brought up to local building codes and
Public Facilities and Improvements
New street and drainage .improvements will be construcl~ in accordance with specific
improvements identified in the City's Capital Improvement Program. These improvements involve
the reconstruction of deteriorating sidewalks, str~s, curbs and gutters, water and sewer
improvements, new street construction, flood r~tuction measures, provision of landscaped open
space and general aesthetic improvements in the ar~a.
Where there are street deficiencies, they will be msurfaced and/or widened. Curb and gutter and
sidewalks and storm drainage ditches and piping will be provided to improve circulation and correct
drainage problems and erosion. Utilities will be improved as needed throughout the project area.
Private Redevelopment of NTBA Parcels
All real property is to be acquired by the Roanoke Redevelopment and Homing Authority except the
Authority may consider a plan of development by an existing property owner for said owners
properties if the proposed development plan complies with the provisions and intent of the Souh
Jefferson Redevelopment Area Plan. The Authority may choose not to acqui~ the property but
instead proceed in a ¢onmmmal relationship with the owner to ensure a sound and wholesome
development in accordance with the Redevelopment Plan.
Redeveloper's Obligations
The redeveloper will be subject to the following conditions which shall be implemented by
appropriate covenants running with the land or other provisions in disposition instrumm~ or loan
documents.
bo
The redeveloper shall begin and complete the development or rehabilitation of Redevelopment
Area property within the time specified in the disposition instruments or r~habilitation loan
documents.
The r~eveloper shall retain all interest acquired in the property until the completion of
improvements, consiruction and development of the property so acquired or property to be
rehabilitated, pursuant to the Redevelopment Plan and shall not sell, lease or transfer the inter~t
acquir~ or any part thereof prior to such completion of improverrents, construction and
development without the consent of the RHA.
17
®
G. OTHER PROVISIONS NECESSARY TO MI~.T STATE AND LOCAL LAW
The Redevelopment Plan is based on the following conditions pursuant to provisions of Virgi~'nia law and
regulations of the City of Roanoke.
The South Jefferson Redevelopment Area is substandard by reason of dilapidation, obsolescence,
deterioration of slntctur~ flood bAT~rds and other conditions detrimental to public health, safety,
morals or weffare of the citizens of Roanoke and in addition, the area suffers from inadequate
original design layout, diverse ownership and excessive land coverage, which have contributed to its
overall deterioration by inhibiting development, economic growth and improvements necessary to
meet the requirements ofpresent day life.
o
The South Jefferson Redevelopment Area is appropriate for clearance, redevelopment and
rehabilitation treatment by the necessity to remove, prevent and reduce existing blight, blighting
influences and other causes of blight.
3. Proposed land uses within the Redevelopment Area have a definite relationship with local objectives
as to the appropriate land uses and transportation, public utilities, recreation, and community
facilities and other improvements.
4. The Redevelopment Plan indicates to the maximum extent possible the real property to be made
available for redevelopment and rehabilitation by private enterprise and public agency.
5. The Redevelopment Plan clearly indicates the proposed land uses, building and rehabilitation
requirements in the Redevelopment Area.
An area is eligible for clearance and redevelopment under Virginia Statutes (Article 7, Section 36
49) when the area as a whole (interpreted to mean at least 51 percent ofthe total area) is blightedand
deteriorated and the remaining property either suffers from factors causing blight or from conditions
which prevent property development to implement the redevelopment plan. The South Jefferson
Redevelopment Area Plan provides for the realization of local objectives with respect to health,
sa~'ety, morals and welfare of the City, including:.
To remove, reduce or prevent blight or blighting factors.
The area meets the Virginia eligibility requirements bec~_~_~_~ 74.4 percent of the land found in the
area is blighted or deteriorated by r~son of dilapidation and significant environmental
deficiencies (lack of ventilation, light, sanitary facilities, overcrowding, flooding, deleterious
land use and faulty arrangement or design) and is detrimental to publichealth, safety or welfare.
The area contains 108 privately owned or leased parcels of which 84 (77.8% percent) are
blighted by virtue of dilapidation or environmental deficiencies. All remaining areas are
adversely effected by factors causing blight and prevent the proper development of property.
b. To protect economic values and tax revenue by the upgrading of a blighted and economically
depressed area of the City of Roanoke, Virginia.
The area is considered depressed because of declining employment md depressed wages in
comparison to City business overall. The area also suffers from an inability to gener~
economic growth and value output demonstrated with declining revenues and declining labor
income and employment over the past six years. The effects have contributed to business
closings, relocations from the area and/or lower gross revenues over an extended period.
18
The el/mination of blighted properties and provision of both direct and indirect public incentives
for private reinveaiment in the Redevelopment Area will promote economic and employment
growth and enhance tax revenues for the City of Roanoke for the overall benefit of the
c. To facilitate the development of land inhibil~d by diverse ownership.
do
Small individual property ownership and railroad property that transverses the area has made it
difficult for private enterprise to assemble sufficient parcels for redevelopment and to overcome
basic problems of blight and defloration in the area.
To make land available for sound wholesome development by private enterprise in accordance
with the Redevelopment Plan and consistent with:
1) Defmit~ Local Objec~es ~ To:
Appropriate Land Uses
The Redevelopment Plan has a definite relationship with local objectives as to
appwpriate land uses and transporlation, public utilities, recreation, and community
facilities and other improvements.
b)
Improved Streets and Internal Circulation
Improved bridges, road alignments, property access, widths and roadway surfaces
throughout the area will eliminate street deficiencies and improve circulation, ingress
and egress for the area, connectivity with adjoining neighborhoods such as Old
Southwest, Downtown Roanoke and Belmont. Improved connectivity to neighborhood
can be enhanced through streetscape design, landscaping signage and by integrating
planned pedestrian and bicycle paths with individual site plans.
c)
Public Utilities
Improved utilities will assure that the area will be provided with adequate sewers and
water service, sWrm drainage, power and advanced technology-telecommunication
systems.
d)
Flood Impact Reduction
Application of the City's floodplain regulations for new developments, sd~pfive reuses,
and rehabilitation will reduce flood damage and mitigate flood proltems within existing
buildings. The U.S. Corps of Engheers flood improvements will alleviate flooding for
10-year occurrences along the Roanoke River.
e)
Community Facilities and Other Public Improvements
Aesthetic and functional improvements will indude public open space and parks,
improved sidewalks, bicycle and jogging paths and related enhancements such as street
trees, lighting and landscaping. Landscaping and lighting requirements are also directly
associated with priva~ redevelopment effortsto improve the overall aesthetic nature and
character of area properties.
19
2)
Conditions and Limitations on Property Acquisition
The power of eminent domain shall be exercised in accordance with the Code of Virginia.
An agreement shall be executed between the RI-IA and owners of any not be acquired
properties to ensure compliance of development pwposals with the Redevelopment Plan.
3)
Proposed Land Uses for Acquired Property:
Land uses proposed for pwperty to be acquired are set forth in Section E.2. Land Use
Provisions and Building Requirements of this Plan and shown on the Proposed Land Use
Map, dated Sanuary 5, 2001.
4) Conditions and Limitation Including Time, Under Which Property Shall be Made
Available:
At the time property is made available for rehabilitation or redevelopment by public or
private entexprise the Authority shall stipulate in disposition instruments that such
rehabilitation or redevelopment treatment shall be completed within a reasonable time.
(Reasonable time is under normal ch,:umstances construed to mean not more than one year
from the date of conveyance of property.) Other conditions and limitations are set forth in
Section E2 of this Plan.
5) Standards of Design, Construction, Maintenance, Use and Other Measures to Elimina~ and
Prevent Blighl:
Such standards are embodied in Section E and F of the Redevelopment Plan and Desiffn
Guidelines for the South Jefferson Redevelopment Area. Clearance is proposed in order to
assure removal of existing physical and environmental causm of blight and to provide for
the public improvements required to serve the area and prevent the recurrence of blighting
conditions resulting from adverse environmental factors.
6) Relocation Assistance Plan for Displaced Businesses and Non-Profit Organ/zafions
The City of Roanoke Redevelopmeni and Housing Authority will offer relocation
assistance and services as required under Virginia's Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 19'/2, as amended (hereafter referred to as "the
Act"), and the related sections of the Virginia Administrative Code, (hereafter referred to
as '~the Code") to businesses and nonprofit organizations that are to be displaced as a
result of approved redevelopment activities. The Act and the Code are the basis for this
relocation plan and where this plan is in conflict with the Act or the Code, the Act or the
Code shall govern.
H. PROCEDURES FOR CHANGES IN APPROVED PLAN
The Redevelopment Plan may be amended from time to time upon compliance with he requirements of
law and outstanding covenant rights, provided that prior to the passage of any resolution amending the
Redevelopment Plan the owner of any land in the Redevelopment Area previously disposed of by the
Roanoke Redevelopment and Housing Amhority for use in accordance with the Redevelopment Plan
shall receive, at least thirty (30) days prior to the consideration of any such resolution by City Council,
written notice of the time and place of such Council meeting, where a copy of the proposedamendment
and a precise description of the proposed changes may be inspected.
2O
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
March 22, 2001
File #60-178-200-544
Stephanie M. Moon
Deputy City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35251-031901 declaring the City's intent to
reimburse itself from the proceeds of its general obligation public improvement bonds for
certain monies to be appropriated by the City to the City of Roanoke Redevelopment and
Housing Authority for expenditures in connection with the South Jefferson Redevelopment
Plan, effective March 19, 2001. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting which was held on Monday, March 19,
2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
P. O. Box 6359, Roanoke, Virginia 24017-0359
D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue,
S. W., Roanoke, Virginia 24014
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
N:\CKSHl~Agendas 2001\Corresp. March 19, 2001 wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001.
No. 35251-031901.
A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its
general obligation public improvement bonds for certain moneys to be appropriated by the City to
the City of Roanoke Redevelopment and Housing Authority (RRHA) for expenditures in connection
with the South Jefferson Redevelopment Plan; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby
declares that it reasonably expects and intends to reimburse itself from the proceeds of its general
obligation public improvement bonds for the amount of $1 million appropriated by an ordinance
adopted contemporaneously by the City Council on March 19, 2001, for certain moneys to be
appropriated by the City to the RRHA for expenditures in connection with the South Jefferson
Redevelopment Plan.
2. The Council hereby determines that the appropriation to the RRHA authorized
contemporaneously herewith is being made for a purpose for which the City is authorized to issue,
and is contemplated to be reimbursed from the proceeds of, general obligation public improvement
bonds of the City. The maximum principal amount of debt expected to be issued for the first part
of the South Jefferson Redevelopment Plan is $12 million, all as more fully set forth in the March 19,
2001, letter to this Council from the City Manager.
H:\Measures\rrha intent south jefferson
3. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations,
Section 1.150-2. This official intent is being made not later than sixty days after the payment of the
expenditures authorized by Paragraph 1 of this Resolution.
4. The City Clerk is directed to file this Resolution among the permanent papers of the
City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act,
{}2.1-340 et seq., Code of Virginia (1950), as amended.
5. This Resolution shall be effective on and at~er the date of its adoption.
ATTEST:
City Clerk.
H:\Measures\rrha intent south jefferson
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 22, 2001
File #60-178-200-544
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35250-031901 authorizing the proper City officials
to execute the South Jefferson Cooperation Agreement 2 between the City of Roanoke
and the City of Roanoke Redevelopment and Housing Authority to provide for the RRHA
to implement a Redevelopment Plan, in order to develop that area into a research and
technology park to enhance and to promote economic development within the City and the
Roanoke Valley. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
N:\CKSH l~Agenda$ 2001\Corresp. March 19, 2001.wpd
Darlene L. Burcham
March 22, 2001
Page 2
pc:
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
P. O. Box 6359, Roanoke, Virginia 24017-0359
D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue,
S. W., Roanoke, Virginia 24014
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
N:\CKSHlW. gendas 2001\Corresp. March 19. 2001 wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of ~arch, 2001.
No. 35250-031901.
AN ORDINANCE authorizing the proper City officials to execute the South Jefferson
Cooperation Agreement 2 between the City of Roanoke ("City") and the City of Roanoke
Redevelopment and Housing Authority (RRHA) to provide for the RRHA to implement a
Redevelopment Plan dated February 5, 2001, for a certain portion of the City as identified in that
Redevelopment Plan in order to develop that area into a research and technology park to enhance and
promote economic development within the City and the Roanoke Valley; and providing for an
emergency..
WHEREAS, the City entered in to a South Jefferson Cooperation Agreement dated May 17,
2000, with the RRHA which provided that the RRHA would undertake an initial study, preparation
and research necessary to prepare and establish an appropriate Redevelopment Area and
Redevelopment Plan for a certain area of the City located in the general area of Jefferson Street
between Carilion Roanoke Memorial Hospital and Carilion Roanoke Community Hospital; and
WHEREAS, the RRHA has undertaken the initial study, preparation and research necessary
to establish an appropriate redevelopment area and has prepared the South Jefferson Redevelopment
Plan (Redevelopment Plan) dated February 5, 2001, which has been recommended by the RKI-IA to
City Council for approval; and
WHEREAS, City Council has approved the Redevelopment Plan dated February 5, 2001,
proposed by the RRHA and now desires to have the RRHA implement the Redevelopment Plan for
the area contained in the Plan; and
WHEREAS, City Council, by Resolution No. 34842-051700, adopted on May 17, 2000,
authorized the City Manager to negotiate an Agreement between the City and the RRHA for
implememation of the Redevelopment Plan and the City Manager has negotiated such an Agreemem
between the City and the RRHA; and
WHEREAS, City Council now desires to approve the South Jefferson Cooperation
Agreement 2 (SJC Agreement 2) negotiated by the City Manager between the City and the RRHA,
and to authorize the City Manager to execute the same and to take appropriate action to implement
such SJC Agreement 2.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. City Council hereby approves the substance of the SJC Agreement 2 between the City
and the RRHA as set forth in the attachment to the City Manager's letter to Council dated March 19,
2001.
2. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, the SJC Agreement 2 between the City and the RRI-IA, upon certain
terms and conditions, as set forth in the attachmem to the above-mentioned letter to City Council
dated March 19, 2001. The SJC Agreement 2 is to be substantially similar to the one attached to
such letter, in a form approved by the City Attorney, and subject to appropriation of necessary funds
by Council.
3. The City Manager is further authorized to take such action and execute such
documents as may be reasonably necessary to provide for the implementation and administration of
such the SJC Agreement 2.
4. By adoption of this Ordinance, City Council hereby expresses its intent to provide
funds for the $14 million amount referred to in the budget attached to the SJC Agreement 2 attached
to the City Manager's letter mentioned above and to fund $12 million of that amount to be
appropriated to the RRHA by the City under the SJC Agreement 2 through the issuance of general
obligation bonds of the City under the Public Finance Act, without referendum, subject to final
authorization for the issuance of the bonds at, er the holding of a public hearing thereon, and the
adoption of an appropriate measure or measures.
5. The City Clerk is hereby authorized to advertise for a public hearing to be held on
April 16, 2001, or at such other time as the City Manager may deem appropriate, before City Council
for the purpose of receiving citizen input on the issuance of $12 million in bonds under the Public
Finance Act, §15.2-2600, et seq., Code of Virginia (1950), as amended.
6. In order to provide for the usual daily operation of the municipal government, and
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
I:\Cl~homi~ mfl~'ity
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
March 22, 2001
File #60-178-200-544
Stephanie M. Moon
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 35249-031901 amending and reordaining certain
sections of the 2000-2001 Capital Projects Fund Appropriations, to provide appropriation
of $1,000,000.00, in connection with execution of the South Jefferson Cooperation
Agreement No. 2 and to provide funds for initial work to be performed by the Roanoke
Redevelopment and Housing Authority. The abovereferenced measure was adopted by
the Council of the City of Roanoke at a regular meeting which was held on Monday, March
19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
pc:
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
P.O. Box 6359, Roanoke, Virginia 24017-0359
George C. Snead, Jr., Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
Barry L. Key, Director, Management and Budget
N:\OKSHfC~genda$ 2001\Corresp. March 19 2001 wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 19th day of March, 2001.
No. 35249-031901.
AN ORDINANCE to amend and reordain certain sections of the 2000-2001
Capital Projects Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
A~Dropriations
Economic Development
South Jefferson Project (1) .....................................
Fund Balance
Reserved Fund Balance - Unappropriated (2) ....................... $
1) Appropriated from
General Revenue
2) Reserved Fund
Balance -
Unappropriated
(008-052-9633-9003)
(O08-3325)
$ 1,000,000
(1,000,000)
$ 21,414,865
1,232,931
1,32O,4O3
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
City Clerk.
March 19, 2001
6.c. 2.
,~ ,_Off. i~q~ of the City Manager
The Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
South Jefferson Cooperation Agreement 2 among
the City of Roanoke and the City of Roanoke Redevelopment Housing
Authority (RRHA).
Background:
On May 17, 2000 the City and RRHA entered into a Cooperation Agreement to
undertake an initial study, preparation and research of a Redevelopment Plan. Since
that time the RRHA has defined the boundaries of a redevelopment area, which is
generally located east of Route 220, west of the Roanoke River, south of the Elm
Avenue interchange with 1-581, and north of Reserve Avenue and prepared the South
Jefferson Redevelopment Plan. (This matter is also referred to as the South Jefferson
Redevelopment project.) On February 26, 2001 a public hearing on the proposed Plan
was held by the City Council, Planning Commission and Redevelopment and Housing
Authority. Public comment was supportive of the proposed Plan.
Considerations:
It is expected at completion the project will provide over a million square feet of building
space, attract several million dollars of private capital investment and provide over 1,000
new technical jobs, many related to the biotechnology field. In order to go forward with
the activities identified in the Plan, the RRHA will be required to undertake certain
redevelopment activities including property appraisal, acquisition and relocation.
Estimated costs to accomplish the activities are detailed in the agreement totaling $14
million through 2003. Funding for this project will be as follows:
Bond Proceeds:
Undesignated Capital Funds (interest):
Water and Sewer Fund Retained Earnings:
Sale of Land:
TOTAL:
$12,000,000
1,000,000
797,500
202,500
SI4,000,000
Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb :www. ci,roanoke,va,us
The Honorable Mayor and Members of Council
March 19, 2001
Page 2
Recommended Action:
City Council adopt the attached ordinance approving the substance of the South
Jefferson Cooperation Agreement 2 (SJC Agreement 2) and authorize the City
Manager to enter into the SJC Agreement 2, with RRHA in a form substantially
similar to the one attached.
Authorize the City Manager to take such action and execute such documents as
may be reasonably necessary for the implementation and administration of such
SJC Agreement 2.
Appropriate $1,000,000 of Undesignated Capital Funds for initial work by RRHA.
Authorize the City Clerk to advertise for a public hearing on April 16, 2001, or at
such other time as the City Manager may deem appropriate, to be held for the
purpose of receiving citizen input on the issuance of the $12 million in bonds
under the Public Finance Act, Section 15.2-2600 et. seq., Code of Virginia (1950),
as amended.
Adopt a Resolution of Intent for the City of Roanoke to reimburse the interest
income amount being appropriated from bond proceeds once issued.
Respectfully submitted,
City Manager
EN/
Attachments:
1. Ordinance
2. SJC Agreement 2 with exhibits
CC:
City Clerk
City Attorney
Director of Finance
Director of Economic Development
John Baker, Executive Director, RRHA
Report # 01-08
SOUTH JEFFERSON COOPERATION AGREEMF~NT 2
COPY
This ,%uth Jefferson Coopemion A/reement 2 is dated this day of March, 2001, by and
between the City of Roanoke, a municipal corpomion of the Commonwealth of Virginia (the
"City"), and The City of Roanoke Redevelopment and Housin~ Author/F, a poI/tical subdivision
of the Commonwealth of'Virgi,~;n ("RRHA"), and is hereinaf~ referred to as "SIC Agreement
WHEREAS, it has been found that sections of the City located in the general area of Jefferson
Street and Franklin Road, south of 1-$8I and north of the Roanoke River as shown on the mai:
attached hereto, made a part hereof, and marked as Exhibit 1 (the "Project Area") contain
blighted areas which, by reason of dilapidation, obsolescence, faulty arrangement of deleterious
land use, obsolete layout and other factors are detrimental to the safety, health, morals or v~Ifare
of the residents of the City. The map sets forth 6 areas numbered 1 through 4 and lA and lB
within the Project Area. References to specific areas of the Project Area may be made by
referring to "Area. ," and
WHEKEAS, it has been found that there are also areas of the City located in the
Project Area where the condition of title, diverse ownership, street or lot layouts, or other
conditions prevent a proper development of the land; and
W'I~I~AS, the City has requested that RRHA undertake an inkial study, preparation and
research necessary to prepare a Redevelopment Plan, wh/ch ass/~ment RRHA has undertaken,
ali ~s more particularly set out in the South Jefferson Cooperation A~reernem dated May 17,
2000, between the City and RKHA, hereinafter referred to as "South Yefferson Coopa'a~on
Agreement 1"; and
WHEREAS, RRHA has prepared that certain South Jefferson Redevelopment Plan dated
n
February 5, 2001 and hereinafter referred to as the "Redevelopment Plan" or Plan, and
WI'~REAS, RRHA has no funds with which to implement the Plan and the City wishes to make
available to RRHA funds neces.~-y to accomplish the goals and objectives of the Plan; and
WHEREAS, the City and ~ wish to work together as evidenced by this S$C Agreement 2 in
the furtherance of the goals and objectives of the Plan.
NOW, THEREFORE, in consideration of the benefits to accrue to the City and its citizens from
the realization ofthe goals and objectives of the Plan, and of the mutual covenants her~in~r set
forth, the City and RRHA agree as follows:
SECTION 1. TERM OF SIC AGREEMENT 2.
The Initial Term of this SIC Agreement 2 is the earlier to occur of thirty-six (36) months fi:om
the date hereof or March ~ 1, 2004, at which time the SIC Agreement 2 shall be renegotiat~ or
extended for an additional term or terms. The City and RRHA agree to renegotiate or extend all
terms and conditions hereof no later than six (6) months pr/or to said expiration date.
SECTION 2. APPROPRIATION OF FUNDS_.
The obligations and/or efforts set forth in this SIC Agreement 2 thnt the City and RRHA will
undertake in connection therewith are subject to the availability of funds and the appropriation by
City CouneiI of such funds as may be necessary for such obligations and/or efforts. The City
will advise RRHA, on a monthly basis, of the amount of funds appropriated by the City for the
implementation of the Plan and the availability of such funds. RRHA will be deemed released
fi:om the obIigations to perform any of its duties hereunder, including the purchase of property as
provided hereunder in addition to any relocation, environmenl~l remediation or other necessary
clearing for which the necessary funds are not available until such time as the necessary funds
are made available to RRHA.
SECTION 3. OBLIGATIONS OF TW.~. CITY
The City reco~iTe~ that funds necessary for the fttlfillment of the Plan need to be
provided to ~ by the City in order for ~ to proceed with the development of
the Project Area as provided by the Plan. Accordingly, the City will provide all
necessary and appro~ funding to enable R.R.HA to fulfill its obligations hereunder and
to accomplish the goals and objectives set forth in the Plan.
Bo
In addition to the prov/sion on funding as set forth above, the City agrees to assist RRHA
by making available to ~ reasonable personnel and technical assimanee and support
as rnsy be requested by RRtL4. and agreed to by the City in order to assist RRHA in the
fulfillment of its obligatiom hereunder and in RRHA's efforts to accomplish the goals
and objectives of the Plan.
The City's Department of Economic Development will identify for RRHA appropriate
commercial and industrial sites within City suitable for business relocation for businesses
in the Project Area that might need to be relocated.
The City will be responsible for funding or arranging funding and for providing the
design and construction of appropriate public improvements to ex/sting public rights-of-
way along Reserve Avenue and part of~lefferson Street that may be required by the Plan
and agreed to by the City on a schedule agreed to by the parties that will allow the timely
completion of development within the Project Area in accordance with the Plan. It is
expected that additi6nal public improvements withi, the Project Area may become
2
necessary during the implementation of the Plan. The City will provide funding for such
additional public improvements as the City and KRHA may mutually agree.
Eo
The City has provided KKHA, an identified and designated area of appro~Iy five (5)
acres within Area 1 of the Project Area designsted as the Initial Site for thc start of initial
improvement in thc Project Area.
Fo
The City will cooperate with RRI-IA in connection with any rezoning effor~ ~ may
undertake tMt will be necessa~ to implement the Plan and make all development
improv _er~_ents, including, but not necessarily limited to infrastructure improvements, in a
timely manner.
Recognizing that the knowledge of the potential environmental issues and conditions
within the Project Area is incomplete as of the date hereof, that RRHA is proceeding with
the fiIi.g of an application for enrollment in the Virginia Voluntary Kernediation
Program ("VRP") and that RRHA has no source of funding for partic/p~ion in the VKP
or for any required environmental testing and/or remediation a~'dvities other th~ from
funds received from the City, the City agrees to cooperate with RRHA in proceeding with
the VRP and to provide appropriate funding that may be necessary and required for
RRHA's participation in the VRP and for the assessment and remediation of such
environmental issues and conditions that may be required by the VRP with respect to
property to be acquired by RRHA in the Project Area.
SECTION. 4. OBLIGATIONS OI~,,,,,TI:I'E ROANOKE REDEVELOPIVIE~ AND
HOUSING AUTHORITY.
A. Subject to the receipt by RRHA of such funding from the City or other sources as may be
necessary to perform these obligations, including environmental remediation costs and exposes,
~ shall perform as follows:
Acquire and clear the Initial Site which is contained within Area 1, within r~velve
(12) months of the approval of the Plan by City Council; provided however that
the owner of the property within the Site known ~s "Wimmer Tire Company"
sh,ll be grant~ a re~sonable extension of time beyond the ~fore~d twelve (12)
months to relocate his business into alternste spa~e, cun'ently owned by Car/lion
Health Systems or subsid/ary thereof. Clearing the property includes demolition
of existing improvements, site restoration of the site to raw land standards and
appropriate environmental remediation as provided by the VP,.P or as the parties
may agree.
The remaining property contained in Area 1 will be acquired and cleared by
R.RHA within thirty-six (36) months of the date of the approval of the Plan by
City Council.
RKE~ _ _t~t~__~ S0.9~D
It is anticipated that the City may request RRHA to acquire and clear c, ert~
property within Area lA within V, velve (12) months of the approval of the Plan by
City Council. RRHA agrees to take the steps reasonably necessary to acquire and
cie, ar such property as may be requested by the City within twelve months of the
approval of the Plan by City Council.
RRHA will take all reasonable steps to acquire and clear the property outside
Areas 1 and lA contained in the Redevelopment Plan upon the owners of such
property providing RRHA with sufficient justification for the accelerat~
acquisition of such property by RRHA, the sufficiency of which justification shall
be determined solely by RRI-L4,.
Additionally, upon request by a developer to acquire additional property located
outside of Areas 1 and lA, RRHA will take all reasonable steps to acquire such
property.
RRHA shall take such actions to form the necessary corporations, Partnerships,
joint ventures of other legal entity or entities necessary to perform its obligations
hereunder.
RRHA will cooperate and work with the City in order tn try to have the Norfolk
Southem's (NS) rights-of-away in Area 1 reduced within forty-eight (48) months of the
Plan's approval by City Council and will ~vc all appropriate and due consideration to any
requests from the City for the disposal of any area that may be released by NS within
Area 1.
RRHA agrees that any money (including any imerest earned thereon) RRHA receives
from the sale of any property within the Project Area will be used by RRHA or returned
to the City, all as directed by the City Manager.
RRHA agrees that it will cooperate with thc City and undertake any actions necessary to
assist the City in trying to obtain Virginia Department of Transpo~on (VI)OD
approval and acquisition by VDOT of the property in Area 3 of the Project Area so that
proposed exit and on ramps from the Roy L. Webber Expressway to Reserve Avenue can
be developed. RRI-IA further agrees that if the proposed exit and on ramps, from the Roy
L. Webber Expressway to Reserve Avenue as shown on Exhibit 1 are not constructed by
VDOT and the City requests RRHA to acquh'e such property in Arm 3, RRHA will take
the reasonably ~ steps to do so and to convc-y such property for development to
an entity that is able to develop the property in accordance with the provisions oft. he Plan
and that is deemed to be in the best interest of the City and RRHA.
RRI-IA agrees to make quarterly rc~or~s to the City on the progress of ~ to
accomplish the goals and objectives of the Plan and the progress of the development of
the Project Area in accordance with the Plan. Such reports .~ha]l contain sufficient
information to allow the City to determi.e if the development oftbe property within the
Project Area is in accordance with the Plan and the anticipated schedule of development
as co-t-i,~ed in the Plan or any request that the City may have made to RRHA to
expedited developmem of any property w/thin the Project Area as well as the funds that
have been expended and what they have been expended for and the anticipated funds that
will be needed within the next twelve (12) months and the remainder of the time period
provided for by the Plan. RRHA further agrees to provide any other documentation or
inform.~on that is deemed reasonably necessary by the City. Furthermore, RRHA agrees
to allow the City or its representative to inspect or examine any books, documents, or
other relevant material in connection with the Plan or this S$C Agreement 2.
RRHA a~ees to comply with applicable federal, state and local laws and regulations in
connection with this SJC Agreement 2.
RRHA agrees that upon request from the City, KR_HA vail accept budgeted grants,
donations, or appropriations of funds from the City that may be designated and
administered by RRHA to be received by third parties for improvements to the Initial Site
in the Project Area or other funds as permissible by law.
RRI'iA may, upon consultation with the City, sell property in the Project Area to a
developer or developers, upon such terms and conditions as determined by RRHA.
SECTION 5. BUDGET.
Subject to the terms and conditions hereof and any amendments hereto, the City and
RRHA agree to and hereby adopt and approve the Budget as set forth in Exhibit 2,
anached h~to and incorporated herein.
Bo
KR.HA may transfer budgeted funds from'line item to line item within the overall budget
referred to in Section 5(A) above upon approval by the City Manager or her designee as
long as such fund movement does not result in any change in the overall budget amount
agreed to by the City.
RRHA agrees that any funds that may be transfen-¢d by the City to RRHA in accordance
with the budget set forth in Exhibit 2 shall be deposited by RRHA in a bank selected by
RRHA within a reserve fund to be used only in accordance with the Budget approved
herein by the City and RRttA.
SECTION 6. AUDIT.
RRHA shall keep records 9fits financial transactions hereunder in accordance with generally
accepted accounting principles. The City and RRHA a~ee that RRHA shall engage the services
RKF. J 06~I$O.WPD ~
of an independent auditor to conduct, as a part of its annual audit, an audit of the financial
transactions undertaken hereunder. The Municipal Auditor or other representative shall have
access to all financial or other records of RRHA in connection with the Plan or this S$C
Agreement 2.
SECTION 7. RRHA'S CONTRACT WITH OTHI~R PARTIES.
RRHA may contra~ without the City's prior approval for services deemed by RRHA to be
reasonably necessary to the uncloaking and carrying out of RRHA's responsibilities under this
S$C Agreement 2.
SECTION 8. FIDELITY BOND.
RR3L4. sl:~ll furnish the City a copy of a blanket corporate fidelity bond with surety acceptable to
the City and to RRHA covering all officers and employees of KKHA capable of a~horizing
disbursement of funds or handling funds received or disbur~d by RRHA from the City, such
bond to be in the amount of One Million Dollars ($1,000,000) for each such officer or employee.
,SECTION 9. COOPERATION
Each party a~ees to cooperate with the other in executing any documents necessary to carry out
the intent and purpos~ of this $$C Agra-merit 2.
SECTION 10.. SEVERABILITY.
If any term of this SJC Agent 2 is found to be void or invalid, such invalidity shall not affect
the remaining terms of this SJC Agreement 2, which shall continue in full force and effect.
SECTION I 1. AUTHOR .ITY TO SIGN
The persons who have executed this SIC Agreement 2 represem and warrant that they are duly
authorized to execute fids $$C Agreement 2 in thek representative capacities as indicated.
SECTION 12. COUNTERPART COPIES.
This S/rC Agreement 2 may be executed in any number of counterpart copies, each of wkich 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 SIC Agreement 2 shall be binding
upon and inure to the benefit of each of the parties hereto and their respective successors and
~r~ 0~m~so.w~o 6
SECTION 14. NONDISCRIMINATION.
A. During the performance of this SJC Agreement 2, RRI-IA agrees as follows:
RRHA 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 ofRRP~. RRHA agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
R.R.HA in all solicitations or advertisements for employees placed by or on behalf
of RRHA will state that RRHA is an equal opportunity employer.
Notices, advertisements and solicitations placed in accordance with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
Bo
RRHA will include the provisions of the foregoing Section A (i, ii, and iii) in every
subcontract or purchase order of over $10,000, so that the provisions will be binding
upon each subcontractor or vendor.
SECTION 15. DRUG-FREE WORKPLACE.
During the performance of this SIC Agreemeat 2, RRHA agrees to (/) provide a drug-free
workplace for RRHA employees; (ii) post in conspicuous places, available to employees
and applicants for employment, a statement notifying employees that the urdawful
manufacture, sale, distribution, dispensation, possession, or use of a controlled substance
or marijuana is prohibited in the 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 RRHA that RRNA maintains a
drug-free workplace; and (iv) include the provisions oft. he foregoing clauses in every
subcontract or purchase order of over $10,000, so that the provisions will be binding
upon each subcontractor or vendor.
For the purposes of this section, "drug-free ~vorkplace' means a site for the'performance
of work done in connection with a specific contract awarded to a contractor, the
employees of whom are prohibited from engaging in the unlawful manufacture, sale,
distribution, dispensation, possession or use of any controlled substance or marijuana
during the pefforr~nce of the contract or the SIC Agreement 2.
SECTION 16. ASSIGNMENT.
RRHA and the City agree not to assi~ or iran.xfer any part of this SIC Agreement 2 without the
prior written conseat of the other party hereto.
SECTION 17. NONWAIVEIL
Each party agrees that any party's waiver or failure to enforce or require performance of any term
or condition of this SIC Agreement 2 or any party's waiver of any particular breach of this SIC
Agreemen! 2 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 t~-~az or conditions of this SIC Agreement 2 or a waiver of
any other breaches of the SIC Agreement 2 by any parry and does not bar r. he nondefaul~ing parry
from requh/ng the defauking parry to comply with all the terms and cond/tions of this SIC
Agreement 2 and does not bar the nondefault~g party from a.~erting any and all rights and/or
remedies it has or might have against the defaulting party under this SIC Agreement 2 or by law.
SECTION lg. FORCE MA,!'E~.
Ao
Notwithstanding the foregoing, if, by reason of Force Majeure, any party is unable to
perform or observe any agreemcmt, term or condition of this SIC Agreemen~ 2 which
would give rise to a default by that parry of any obligation under this SIC Agreement 2,
that party shall not be deemed in default during the continuance of such inability or due
to such inability. Provided, however, that the party seeking to apply this Section must
give written notice to the other parties within a reasonable period of time after the
occurrence of the event in quest/on.
Bo
The term "Force Majeure" shsI1 mean: acts of God; strikes; lockouts or other induslxial
disturbances; acts of public enemies; orders or n-,straints of any kind of the government of
the United States of America or the Commonwealth or any of their departments,
agencies, poetical subdivisions or officials, or any civil or military authority;
insurrections; civil disturbances; riots; epidemics; landslides; lightning, earthquakes;
environmental problems; fires; hurricanes; tornados; storms; droughts; floods, arrests;
restraint of government and people; explosions; breakage., malfunction or accident to
facilities, machinery, transmission pipes or canals; shortages of labor, materials, supplies
or transportation; any property on which work is to be done being too wet to allow work
to be done on it; or any cause or event not reasonably within the control of the party
seeking to apply this Section.
SECTION 19. EASEMEI~I'S.
RRHA promises and agrees to grant and dedicate to the City necessary easements on its property
in the Project Area for the construction of infrastructure improvements benefitting the Project
~K~ OaS~ SO.WPO 8
Area or surrounding areas including, but not limited to, storm drainage, sanitary sewers, and/or
water, all at no cost to the City.
SECTION 20. CAPTIONS AND I~ADINGS
The section captions and headings are for convenience and reference purposes only and shall not
affect in any way the meaning or interpretation of this SIC Agreement 2.
SECTION 21. NOTICES.
Ail notices hereunder must be in writing and shall be deemed validly given if sent by certified
mail, return receipt requested or by a nationally reco~i?ed overnight courier, addressed as
follows (or any other address or lacs/mile number that the party to be notified may have
designated to the sender by like notice) or ii'sent by facsimile to the facsimile number set forth
below:.
If to City, to:
City of Roanoke
City Manager
364 Mun/cipal Building
215 Church Avenue SW
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to:
Director of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA 24011
Fax No. 540-853-1213
If to RRHA, to:
Or:
Executive Director, RR.HA
P. 0. Box 6359
Roanoke, Virginia 24017-0359
2624 Salem Turnpike, NW
Roanoke, VA 24017
Fax No. 540-983-9229
With a copy to:
or:
Director of Administration
P. O. Box 6359
Roanoke, Virginia 24017-0359
2624 Salem Turnpike, NW
Roanoke, VA 24017
Fax No. 540-983-9229
9
Notice shall be deemed delivered upon the date of personal service, two days aRer deposit ir, ~e
United States mail, the day after delivery to a nationally recogn/zed overnight courier, or upon
the date of confirmation ora facsimile transmission.
SECTION 22. ENTrRE AGP~_.EMENT.
This SIC Agreement 2 constitutes the entire agreement of the parties and supersedes all prior
agreements between the parties. No amendment to this SIC Agreement 2 will be valid unless
made in writing and signed by the appropriate parties.
IN WITNESS WHEREOF, the parties have executed this SIC Agreement 2 by their authorized
representatives.
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By
Darlene L. Bureham, City M~nager
WITNESS:
THE CITY OF ROANOKE REDEVELOPMENT
AND HOUSING AUTHORITY
By
John P. Baker, Executive Director
SEAL
Approved as to Form:
Approved as to Execution:
City Attorney
City Attorney
Appropriation and Funds Required for
this Contract Certified
Director of Finmaee
Date Acct. #
10
PROJECT PHASES
SOUTH JEFFERSON REDEVELOPMENT AREA
ROANOKE REDEVELOPMENT & HOUSING AUTHORITY
LEGEND
PROPOSED REDEVELOPMENT AREA BOUNDARY
HIGHWAY ACCESS RAMP TO SITE
(UNDER STUDY)
PHASE BOUNDARY
NORTH
250' t2~' 0 2~0' 500'
1'=250' ~ ' '"'1
HAYF.3, SF.,AY, MATT~ltN a MAI'TERN,
K.W, t~:X)t~]~ & A88OC. I~C
HII..I., ffl'tI1)lO
W~ (;ROI/I*
RFHIBIT 2 - SOUTH JEFFERSON COOPERATION AGREEMENT 2 BETWEEN CITY AND RIIBA
South Jefferson Redevelopment Area
,Three'year RRHA Project Budget: 2001-2004
Revised March 7, 2000
.Acquisition - Site I & lA
Relocation - Site I & lA
:Acquisit/Reloc. Addit. Properties
.Appraisals
Acquistion Appraisals
Disposition Appraisals
~ Environmental Testing
Environmental Remediation
Consultant Fees
Demolition
Site Clearance
?
Direct Administrative Support
Reimbursables
iProperty Maintenance
Improvements to Initial Site
RRHA Budget
$6,244,070
$978,237
$958,550
$65,000
$10,000
$250,000
$1,125,000
$350,000
$1,563,959
$150,000
$280,184
$10,000
$15,OOO
$2,000,000
Estimated Development Costs $14,000,000
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
March 22, 2001
File #178-200-221-544
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35252-031901 authorizing the proper City officials
to execute a Performance Agreement among the City of Roanoke, Carilion Health System
and Carilion Biomedical Institute that provides for certain undertakings by the parties in
connection with an area of the City contained in the South Jefferson Redevelopment Plan
to develop said area into a research and technology park to enhance and promote
economic development within the City and the Roanoke Valley. The above-referenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Attachment
N:\CKSHl~Agendas 2001\Corres!~. Man~ 19, 2001.wpd
Darlene L. Burcham
March 22, 2001
Page 2
pc:
Edward G. Murphy, President, Carilion Health System, P.O. Box 40032, Roanoke,
Virginia 24022
Dr. Dennis G. Fischer, Director, Carilion Biomedical Institute, P.O. Box 13727,
Roanoke, Virginia 24036-3727
John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority,
P. O. Box 6359, Roanoke, Virginia 24017-0359
D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue,
S. W., Roanoke, Virginia 24014
James D. Grisso, Director of Finance
George C. Snead, Jr., Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
N:\CKSHl~genda$ 2001',Con'esp. Marctl 19, 2001.wlxl
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of I~arch, 2001.
No. 35252-031901.
AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement
among the City of Roanoke ("City"), Carilion Health System ("CHS") and Carilion Biomedical
Institute ("CBF') that provides for certain undertakings by the parties in connection with an area of
the City contained in the South Jefferson Redevelopment Plan in order to develop that area into a
research and technology park to enhance and promote economic development within the City and the
Roanoke Valley; and providing for an emergency.
WHEREAS, CHS, Virginia Polytechnical Institute & State University, and the University of
Virginia announced in November, 1999, the creation of CBI to develop and encourage the
development of biomedical technology endeavors and ventures; and
WHEREAS, the City entered into a South Jefferson Cooperation Agreement dated May 17,
2000, with the City of Roanoke Redevelopment and Housing Authority (RRHA) to provide a
Redevelopment Plan for a certain area of the City along Jefferson Street between Carilion Roanoke
Memorial Hospital and Carilion Roanoke Community Hospital; and
WHEREAS, the RRHA has provided the South Jefferson Redevelopment Plan dated February
5, 2001; and
WHEREAS, CHS and CBI desire to be the first major occupants within the Redevelopment
Plan Area in order to develop a biomedical institute for research and development of businesses
connected with such technology and the City desires to encourage such development in order to
develop a research and technology park in that area to enhance and promote economic development
within the City and the Roanoke Valley; and
WHEREAS, City Council, by Resolution No. 34842-051700, adopted on May 17, 2000,
authorized the City Manager to negotiate a Performance Agreement with CHS and CBI in
accordance with a letter agreement dated May 15, 2000, among the parties, to encourage the
development mentioned above and the City Manager has negotiated such a Performance Agreement
providing for certain undertakings by the City, CHS and CBI; and
WHEREAS, City Council now desires to approve the Performance Agreement negotiated by
the City Manager among the City, CHS and CBI and to authorize the City Manager to execute such
Performance Agreement and to take appropriate actions to implement such Performance Agreemem.
NOW, 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, CHS and CBI as set forth in the attachment to the City Manager's letter to Council dated
March 19, 2001.
2. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, a Performance Agreement among the City, CHS and CBI, upon
certain terms and conditions as set forth in the abovementioned letter to City Council dated March
19, 2000. The PerfOrmance Agreement is to 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 action and execute such
documents as may be reasonably necessary to provide for the implementation and administration of
such Performance Agreement.
4. By adoption of this ordinance, City Council hereby expresses its intent to provide
funds for this matter as those funds become available, subject to appropriation by Council, during the
various phases of the Performance Agreement and subject to the terms of the Performance
Agreement.
5. In order to provide for the usual dally operation of the municipal governmem, and
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
I:\C I~\O-CI-I~ Ii~A03 ! 901
March 19, 2001
6.c. 3.
Office, of.~,the City Manager
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Performance Agreement among the City of Roanoke
and Carilion Health System (CHS) and Carilion Biomedical
Institute (CBI).
Backqround:
In early 2000, CHS and CBI announced a plan to construct a building to house a
biomedical institute. The City worked with CHS and CBI to convince them that
the area known as the South Jefferson Redevelopment Area would be a
desirable location for this investment. On May 17, 2000, by Resolution No.
34842-051700, City Council authorized the City Manager to negotiate a
Performance Agreement with CHS and CBI, in accordance with a letter
agreement dated May 15, 2000 among the parties to encourage the
development of the area. The City Manager has negotiated such a Performance
Agreement providing certain undertakings by the City, CHS and CBI. Since that
time the City of Roanoke Redevelopment and Housing Authority has defined the
boundaries of the above redevelopment area, which is generally located east of
Route 220, west of the Roanoke River, south of the Elm Avenue interchange
with 1-581, and north of Reserve Avenue and prepared the South Jefferson
Redevelopment Plan. On February 26, 2001 a public hearing on the proposed
Plan was held by the City Council, Planning Commission and Redevelopment
and Housing Authority. Public comment was supportive of the proposed Plan.
CHS and CBI now wish to be the first major occupants within the redevelopment
area and the City desires to encourage this activity in order to develop a
research and technology park within the area.
Consideraticns:
In order for CHS and CBI to go forward with a proposed investment of $10
million within 24 months of the purchase of the initial site within the
redevelopment area certain considerations will need to be made by the City of
Roanoke. In addition to the acquisition and clearance of property, certain
infrastructure improvements will be needed in the area. The City of Roanoke
plans to issue general obligation bonds to cover the cost of development and
Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb',www, ci, roanoke.va.us
The Honorable Mayor and Members of Council
March 19, 2001
Page 2
provide such improvements. CHS and CBI intend to purchase the initial site and
develop it in accordance with the Redevelopment Plan.
Recommended Action:
Approve the substance of the Performance Agreement and authorize the
City Manager to enter into the Performance Agreement in a form
substantially similar to the one attached and approved by the City
Attorney, with Carillon Health System and Carillon Biomedical Institute.
Authorize the City Manager to take such action and execute such
documents as may be reasonably necessary for the implementation and
administration of such Performance Agreement.
Respectfully submitted,
Darlene L. ~
City Manager
Report # 01-07
EN/
Attachments:
1. Ordinance
2. Performance Agreement with 2 Exhibits
City Clerk
City Attorney
Director of Finance
Director of Economic Development
COPY
PERFORMANCE AGREEMENT
This Performance Agreement (Agreement) is dated this ~ day of ,2001, by and
between the City of Roanoke, Virginia, a municipal corporation organized and existing under the laws
of the Commonwealth of Virginia (City), Carilion Health System, a Virginia Corporation (CHS), and
Carilion Biomedical Institute, a Virginia Corporation (CBI).
WITNESS__ETH:
WHEREAS, the City, CHS, and CBI have signed a letter proposal dated May 15, 2000, providing
that the parties will undertake certain actions or activities in connection with an area of the City along
South Jefferson Street between Carilion Roanoke Memorial Hospital and Carilion Roanoke
Community Hospital should such area be recommended to be a redevelopment area by the Roanoke
Redevelopment and Housing Authority (RRHA) and designated as such by City Council; and
WHEREAS, the City wishes to develop any such area that may be recommended to be a
redevelopment area by the RRHA and designated as such by City Council (Project Area) into a
Research and Technology Park to be known as the Riverside Centre for Research and Technology
(RCRT); and
WHEREAS, CHS and CBI desire to be the first major occupants of the Project Area in order to
develop a Biomedical Institute for research and development of businesses connected with such
technology; and
WHEREAS, the parties desire to reduce to writing the actions or activities that they will take in order
to further the development of the Project Area into a Research and Technology Park that will benefit
the residents of the City, the Roanoke Valley, and all of Southwest V'trginia.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto mutually agree as follows:
SECTION 1. CONTINGEN~/' OF PROJECT AREA BECOMING A REDEVELOPMENT
AREA.
The parties acknowledge and agree that the undertakings set forth in this Agreement are subject to
the condition precedent that the Project Area will meet eligibility requirements and become a
redevelopment area and that the RRHA rede~,,elopment plan as may be approved and/or adopted by
City Council (plan or redevelopment plan) will be compatible with the intent of the parties hereto to
develop the Project Area into a Research and Technology area to be known as the Riverside Centre
for Research and Technology. Should the Project Area not become a redevelopment area or should
the plan not be compatible with the use of the Project Area as a Research and Technology Park, the
parties agree and acknowledge that they will not be required to pursue any further actions or activities
set forth herein and that any of the parties may terminate this Performance Agreement provided they
give written notice to the other parties.
SECTION 2. PROPOSED PROJECT AREA
The proposed Project Area is shown on the map attached hereto and made a pan hereof and marked
as Exhibit 1, which sets forth 6 areas numbered 1 through 4 and 1A and 1B within the Project Area.
References to specific areas of the Project Area may also be made by referring to "Area "
SECTION 3. DEFINITION OF TERM - CARII,ION
For the purposes of this Agreement, the term Carilion shall mean Carilion Health System and any of
its subsidiaries, affiliates, parent entities, or any other entities of any type which are associated in any
way with Carillon Health System, and which exist or operate within the City of Roanoke either now
or in the future. This definition includes'Carilion Services, Inc., Carilion Roanoke Community
Hospital, Carilion Roanoke Memorial Hospital, and Burrell Nursing Center, Inc., but does not include
CBI. The term Carilion/CBI or CHS/CBI shall mean Carilion and/or CBI.
SECTION' 4. INITIAL SITE AND PROPERTY IN AI~EAS 1 AND lA.
Subject to the provisions of Section I and the approval of a redevelopment plan by Roanoke City
Council, the City will request the RRHA to acquire and clear the property contained in Areas 1 and
IA of the Project Area in accordance with the redevelopment plan within 36 months of the approval
of the redevelopment plan by Roanoke City Council. Provided, however, RRHA may choose not to
acquire property which will be redeveloped by existing property owners, including Carilion/CB I, upon
such property owners' agreement to redevelop their property in accordance with the redevelopment
plan and in accordance with a construction schedule acceptable to the RRHA. (This is hereafter
referred to as the Property Owners Exception). Furthermore, Carilion/CBI hereby agree to designate
prior to the date of approval of the redevelopment plan, approximately five (5) acres within Area l
as the site of its initial improvement (Initial Site). The City will then appropriate funds and request
the RRHA to include the Initial Site within the portion of Area 1 to he acquired and cleared by the
RRHA within 12 months of approval of the redevelopment plan. Clearing the property includes
demolition of existing improvements, site restoration of the site to raw land standards and
appropriate environmental remediation. The City will then request the RRHA to convey the Initial
Site, upon completion of the clearing, to Carilion/CBI, who agree to purchase such Initial Site, for
its fair market value. The City will appropriate funds and request the RRHA to acquire and clear the
remaining property within Areas I and lA in accordance with the redevelopment plan, subject to the
Property Owners Exception, within 36 months of the plan's approval by City Council and, subject to
the Property Owners Exception, to convey such property to Carilion/CBI for its fair market value.
Carilion/CBI agree to purchase such remaining property within 12 months after such property is made
available to it by the RRHA or within 12 months after the RRHA has acquired all such property,
whichever comes first. Provided, however, Carillon/CB[ may request in writing that the property in
H:mo~wmai~ p~om~n~ ~ 2
Area lA be made available to it sooner than the 36 months mentioned above and, if so, the City will
request RRHA to do so within the time requested by Carilion/CBI, provided such time period is at
least 12 months from the approval of the redevelopment plan. The obligation of the RRHA to
acquire and clear property in Areas 1 and lA will apply to property in those areas that is to be
acquired by RRHA pursuant to the redevelopment plan.
SECTION 5~ ON/OFF RAMP FROM ROY L. WEBBER EXPRESSWAY.
Provided that the Virginia Department of Transportation (VDOT) approves the on/offramp from Roy
L. Webber Expressway, and acquires all of the property in Area 3 of the Project Area, the City
intends to use the revenue the City may receive from the sale of the land in Area 1, other than the sale
price of the Initial Site, or monies used for Norfolk Southern Rights-of-Way mentioned in Section
17, for public improvements, subject to the approval of the City Manager, in or adjacent to
redevelopment Areas 1, IA, lB, and/or 3 within 12 months of the clearing of the property in Area
3 by VDOT. Such public improvements shall be in addition to any public improvements described
elsewhere in this Agreement.
SECTION 6. CITY GRANT TO CBI-
The City will contribute to CBI, either through a grant or a donation through the RRHA or the
Industrial Development Authority of the City of Roanoke (IDA), up to $2 million for on-site
improvements to the Initial Site at the time Carilion/CBI awards the contract for its initial building
on the Initial Site, provided that the contract for the construction of such building is awarded and will
start within 18 months of Carilion/CBI's purchase of the Initial Site. On-site improvements may
include storm drainage, public utilities such as water and sewer, underground utilities such as
electricity, green space, parking, and building construction. Should on-site improvements cost less
than $2 million, the difference shall be refunded by Carilion/CBl, with interest at a rate agreed upon
by ail parties, to the City of Roanoke through RRHA or the IDA within 60 days of a written request
for the refund.
SECTION 7. REZONING.
The City will seek to rezone the Project Area to an Industrial Planned Unit Development (IPUD) in
accordance with the definition attached hereto and made a part hereof as Exhibit 2, or such other
zoning designation as the parties may agree to, in accordance with the redevelopment plan.
SECTION 8. ACQUISITION OF PROPERTY IN AREAS lB, 2, AND 4.
The City will request the RRHA to acquire,~subject to the Property Owners Exception, the property
contained in Areas lB, 2, and 4 of the Project Area pursuant to the plan and a schedule proposed by
the RRHA. However, ifCarilion/CBI, or other potential purchasers, fi.om time to time request that
specific parcels in Areas' lB, 2, or 4 be acquired, funds will be appropriated to the RRHA and the
RRHA will be requested to proceed immediately to purchase and sell to Carilion/CBI or other
potential purchasers said propen'y within 12 months aider any such request. IfCarilion/CBl makes
such request to acquire any such property, Carilion/CBI agrees to purchase such property in its then
current condition within that 12 month period. Furthermore, Carilion/CBI agree that any such written
request by Carilion/CBI will guarantee, through security acceptable to the RRHA, the construction
of a facility or facilities thereon within 36 months of Carilion/CBI's purchase date. If any such
property is purchased by Carilion/CBI, they agree that the construction of such facilities thereon will
be commenced within 24 months of its purchase date, subject to the conditions set forth in the
redevelopment plan. If construction is not commenced within this period of time, Carilion/CBI agree
to reconvey the property to the RRHA at its original purchase price, upon written request from the
RRHA. If other potential purchasers request to acquire any such property, the City will request that
the RRHA impose on such other potential purchasers appropriate requirements to develop the
property in accordance with the redevelopment plan and in accordance with a construction schedule
acceptable to the RRHA.
SECTION 9. COMPLIANCE WITH REDEVELOPMENT PLAN.
Carilion/CBI agree to comply with the redevelopment plan as to any property Carilion/CBI may
purchase and/or retain in the Project Area and to further cooperate with the RRHA and/or the City
in connection with the implementation of the redevelopment plan.
SECTION 10. ACCESS SOLI~TION.
Ae
The City agrees to use its best efforts to have VDOT and any required federal, state, or local
agencies approve the proposed exit and on ramps from the Roy L. Webber Expressway to
Reserve Avenue as shown on Exhibit 1 and to have such ramp(s) constructed by VDOT
within 7 years following any such approval. Subject to such approval, the City agrees to
make this a priority project in its Urban Allocation Funding. If'VDOT or the other
governmental agencies do not include the access solution or approve this proposed access
solution, the City will explore other alternatives for improved access to the Project Area with
VDOT and any other appropriate governmental agencies.
If VDOT or other appropriate governmental agencies do not approve the access solution by
December 31, 2001, or if the VDOT access solution is approved, but does not include the
acquisition and cleating of the property currently known as Tax map #s 4040301, 4040303,
4040306, 4040206, 4040202, 4040203, and 4040204, the City will request the RRHA to
acquire these properties and clear them by February 29, 2004. At such time, the City will
attempt to provide for appropriate screening to shield such property the City deems necessary
in Area 3 from view until such time ~as VDOT acquires the remaining property or a funding
source can be identified to allow purchase and clearance of the remainder of Area 3. In
addition, if such property is acquired by VDOT, but is not used by VDOT for the access
solution and becomes surplus property, the RRHA will be requested to acquire such surplus
property from VDOT. At any time after Tax map #s 4040301, 4040303, 4040306, 4040206,
4040202, 4040203, and 4040204 or any portion thereof are acquired and cleared, the RRHA
may be requested to sell to Carilion/CBI or other potential purchasers those specific parcels.
If Carilion/CBI make such a request, Carilion/CBI agrees to purchase such property
immediately thereat~er. Furthermore, Carilion/CBI agree that any such written request by
Carilion/CBI will guarantee, through security acceptable to the RRHA, the construction of
a facility or facilities thereon within thirty-six (36) months of Carilion/CBI's purchase date.
If any such property is purchased by Carilion/CBI, they agree that the construction of such
facilities thereon will be commenced within 24 months of its purchase date, subject to the
conditions set forth in the redevelopment plan. If construction is not commenced within this
period of time, Carilion/CBI agree to reconvey the property to the RRHA at its original
purchase price, upon written request from the RRHA. If other potential purchasers request
to acquire any such proPerty, the City will request that the RRHA impose on such other
potential purchasers appropriate requirements to develop the property in accordance with the
redevelopment plan and in accordance with a construction schedule acceptable to the RRHA
SECTION 11. IMPROVEMENT OF SIGNAGE.
The City agrees to take appropriate steps to improve the exit, gateway and directional signs on the
Roy L. Webber Expressway, subject to VDOT's or other necessary governmental approval, and the
city streets for current Carilion properties within 12 months of the date this Agreement. The City will
also continue to explore methods to mitigate the traffic issues at the intersection of Elm Avenue and
Williamson Road.
SECTION 12. COMPLETION OF GREENWAYS.
· The City agrees to use its best efforts to complete the Mill Mountain and Roanoke River greenways,
as proposed in the Conceptual C,-reenway Plan (developed by Greenways Incorporated in December
1995) and that are located in the redevelopment area, within 3 to 4 1/2 years of the date of this
Agreement, subject to obtaining all required regulatory permits and approvals and acquiring all
necessary rights-of-way.
SECTION 13. RECREATIONAL AREAS.
The City agrees to use its best efforts to provide improvements to the recreational areas along the
Roanoke River and public areas south of Reserve Avenue and adjacent to Area lA and that these
improvements will occur within 10 years of the approval of the redevelopment plan by Roanoke City
Council. It is the intent of the City to continue use of the property south of Reserve Avenue for
recreational purposes. Although the City intends to improve these areas along the River to the best
appearance possible, such improvements are contingent upon the completion of the Roanoke River
Flood Reduction Project, which is controlled by the Army Corps of Engineers. Carilion/CBI will have
the opportunity to review'and comment on the portion of the Roanoke River Flood Reduction Project
from Franklin Road to Piedmont Park to the extent allowed by the Corps.
H:~AGMTS~B~med P~fom~ac~ ~ 5 ,
SECTION 14. FOREIGN TRADE SUBZONE.
The City will work with eligible companies within the Project Area to help any such company
requesting assistance in attempting to establish a Foreign Trade Subzone for that company.
SECTION 15. CARILION VENTURE CAPITAL FUND.
The City, through the RRHA or IDA, will donate or appropriate an mount equal to 6.25% of the
total funds otherwise contributed to the Carilion Venture Capital Fund for use in the redevelopment
area, up to a maximum amount of $1 million, if the Fund is established within 60 months of the
redevelopment plan's approval by Roanoke City Council. The amount, if any, will be determined by
the City, according to the above percentage, at the end of the 60 month period mentioned herein and
will be granted to the Fund within 6 months at~er the amount is determined. For example, if, at the
end of the 60 month period, the Fund has received $4 million for use in the redevelopment area, the
City will contribute $250,000. If, at the end of the 60 month period, the Fund has received $8 million
for use in the redevelopment area, the City will contribute $500,000.
SECTION 16. IMPROVEMENT OF PUBLIC RIGHTS-OF-WAY.
Carilion/CBI agree that their Master Plan for development and construction within the Project Area
will be in accordance and compatible with the redevelopment plan developed by the RRHA and
approved by Roanoke City Council and Carilion/CBl will prepare conceptual designs for public
improvements within the existing public rights-of-way at their sole expense. The City will then
consider the conceptual designs for proposed improvements to public fights-of-way and then will
design, bid and construct, subject to approval by the City Manager, the proposed improvements to
the existing public rights-of-way necessary for the Initial Site by the time Carilion/CBI completes
the initial building (estimated completion date is June 30, 2003). These improvements will consist
ora median and sidewalks with appropriate landscaping, lighting, and public signs, along both sides
of Reserve Avenue, a pedestrian trail from the south side of Reserve Avenue to the pedestrian bridge
over the Roanoke River, appropriate landscaping, lighting, and public sigrmge along both sides of
Jefferson Street adjacent to Area 1, and landscaping along the Roy L. Webber Expressway within
the public rights-of-way, subject to VDOT or other governmental approval. Any public
improvements on the east side of Jefferson Street, such as sidewalks, will be scheduled as soon as
permitted by and subject to the new access solution timetable or alternate plan schedule for clearing
Area 3 as outlined above in Sections 5 and 10. However, other than as mentioned herein, any other
areas of public improvements or construction of public improvements or public rights-of-way in
Area 1 or in any other areas of the Project Al:ea will not be the responsibility of the City, but will be
the responsibility of the owner, if they redevelop the property, or the purchaser or the redeveloper,
unless the parties agree otherwise.
H:~.GI~rSXlI~ Pa'~mo~ ~ 6
SECTION 17. NORFOLK SOUTI~.RN RIGHTS-OF-WAY.
The City will use its best efforts to have Norfolk Southem's (NS) rights-of-way in Area 1 reduced
within 48 months of the redevelopment plan's approval by Roanoke City Council, and will request
the RRHA to make any released area available to Carilion/CBI or other potential purchasers in
conjunction with Area 1 at its fair market value. Any monies paid by Carilion/CBI to RRHA for
acquisition of NS rights-of-way will not be available for or used for additional public improvements
in the Project Area as mentioned in Section 5.
SECTION 18. OFFICE SPACE AT THE GRADUATE CENTER.
The parties acknowledge that the City has made office space formerly occupied by the Graduate
Center in the Church Avenue parking garage available for lease to Carilion/CBI under the same
terms and conditions as the prior lease, together with up to 30 parking spaces in the Church Avenue
parking garage for the same cost as provided for in the present Carillon downtown parking
agreement dated September 1, 1998.
SECTION 19. TRAININC~ FUNDS.
The City agrees to provide through the RRHA, the IDA, or other appropriate entity, a grant or
donation of up to a maximum total amount of $50,000 to provide for $ !,000 job training incentives
per city resident for newly-hired City residents for newly created full-time job positions within the
Project Area.
SECTION 20. TAXES.
Carilion/CBI agree that all tax-exempt properties owned by either of them and/or under their control
and located in the Project Area or redevelopment area shall pay full real estate taxes to the City
effective as of the date of this Agreement and to continue indefinitely. Furthermore, Carilion/CBl
agree to notify the City Commissioner of the Revenue and the City Treasurer of the location and
address of each such property.
SECTION 21. INVESTMENT BY CARILlON/CB[
Carilion/CBI agree to spend, within 24 months of the purchase date of the Initial Site, at least $10
million on new real estate tax revenue producing capital improvements in Area 1. At least 15,000
square feet of such capital investment will be flexible office space, which may be available for start-
up or spin-off business activity. Carilion/CBI agree to construct at least 15,000 square feet of
additional flexible office space once the ifiitial flexible office space reaches 85% occupancy.
Carilion/CBI further agree to cause to be spent, within 30 months of the purchase of the balance of
the property in Areas I and lA, at least an additional $10 million on new real estate tax revenue
producing capital improvements in Areas 1 and lA, excluding the cost of the land. Carilion/CBl
additionally agree to cause to be spent, within 54 months of the purchase of the balance of the
property- in Areas 1 and lA, at least an additional $10 million on new real estate tax revenue
producing capital improvements in Areas 1 and 1A. The total of all such money Carilion/CBI hereby
agrees to invest or cause to be invested is a minimum of $30 million.
SECTION 22. PURCHASE PRICE OF PROPERTIES.
Carilion/CBI agree that the purchase by Carilion/CBI of any of the properties acquired or bought
by the RRHA, according to the redevelopmem plan, shall be made at their fair market value as
determined by an independent appraisal in accordance with RRHA's normal and customary policies
and procedures, which apprisal shall address any additional cost for environmental remediation.
SECTION 23. MARKETING OF TIlE PROJECT AREA~
Carilion/CBI agree to aggressively market and recruit businesses and spin-offs beginning no later
than one year prior to the expected completion date of the initial Carilion/CBI facility.
SECTION 24. CREATION OF FUI,I-TIME JOB POSITIONS.
Carilion/CBI agree to: (i) cause to be created within 60 months of the pUmhase of the Initial Site
approximately 200 new full-time staffed job positions within the redevelopment area; and (ii) own
and use property in the square footage equivalent to that owned by Carilion/CBI after 98 months
from the purchase of the Initial Site for a period of at least 20 years from the date of this
Performance Agreement.
SECTION 25. REPORTS TO TI~ CITY.
Carilion/CBI agree to report to and provide the City on an annual basis sufficient information related
to Carilion/CBI's compliance with the conditions of this Performance Agreement and to provide
appropriate documentation to support such compliance and to allow the City to inspect or examine
any books, documents, or other relevant material in connection therewith upon written request by
the City.
SECTION 26. HOLD tlARMLESS.
To the extent permitted by law, each party agrees to indemnify, keep and hold the other party (the
indemnified party), its officers, directors, agents, employees, representatives, and volunteers free
and harmless from any and all claims, causes of action, damages or any liability of any type on
account of any injury or damage to any persons or property growing out of or directly or indirectly
resulting or arising out of any actions, omissions, or activities of the indemnifying party or its agents,
employees or representatives arising out of 6r connected in any way to any of the matters involved
in this Agreement or its performance. Provided, however, such indemnification will not apply if the
indemnified party was also negligent or engaged in willful misconduct or if the doctrine of
contribution is applicable. Provided further that nothing contained herein shall be construed as a
waiver of the City's Sovereign Immunity.
H:XSc,~rsa~ ~ ~ 8
'SECTION 27. COMPLIANCE WITH LAWS,
Carilion/CBI agree to comply with aH applicable federal, state, and local laws and regulations.
SECTION 28. BROKER.
If either party is represemed by a real estate or other broker in this transaction, that party shall be
fully responsible for any fee due such broker and shall hold the other parties harmless from any
claims for any commission by such broker.
SECTION 29. COOPERATION.
Each party agrees to cooperate with the other in executing any documents necessary to carry out
the intent and purpose of this Agreement.
SECTION 30. SEVERABII,ITY.
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 shaH continue in full force and effect.
SECTION 31. AUTHORITY TO SIGN.
The persons who have executed this Agreement represem and warrant that they are duly authorized
to execute this Agreement in their representative capacities as indicated.
SECTION :52. COUNTERPART COPIES.
This Agreement may be executed in any number of coumerpart copies, each of which shall be
deemed an original, but all of which together shah constitute a single instrument.
SECTION :53. SUCCESSORS.
The terms, conditions, provisions and undertakings of this Agreement shall be bindin8 upon and
inure to the benefit of each of the parties hereto and their respective successors and assigns.
SECTION ~4. NONDI$CRIbHNATION.
A. During the performance of this Agr ..cement, Carilion/CBI agree as follows:
i. Carilion/CBI will not discriminate against any employee or applicant for employment
because, of race, relision, color, sex, national orisin, 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 norma~_ operation
of Carilion/CBI. Carilion/CBI agree to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause. '
ii.
Carilion/CBI in all solicitations or advertisements for employees placed by or on
behalfofCarilion/CBI will state that Carilion/CBI is an equal opportunity employer.
o,o
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.
Carilion/CBI will include the provisions of the foregoing Section A (i, ii, and iii) in every
subcontract or purchase order of over $10,000, so that the provisions will be binding upon
each subcontractor or vendor.
SECTION 35. DRUG-FREE WORKPLACE.
Ao
During the performance of this Agreement, Carilion/CBI agree to (i) provide a drug-flee
workplace for Carilion/CBI 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 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 Carilion/CBI that Caxilion/CBI malmains a drug-free
workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or
purchase order of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
For the purposes of this section, "drug-free workplace" means a site for the performance of
work done in connection with a specific contract awarded to a contractor, the employees of
whom are prohibited from engaging in the unlawful manufacture, sale, distribution,
dispensation, possession or use of any controlled substance or marijuana during the
performance of the contract or Agreement.
SECTION 36. ASSIGNMENT.
Carilion/CBI agree not to assign or transfer any part of this Agreement without the prior written
consent of the City.
SECTION 37. FORUM SECTION AND CHOICE OF LAW.
By virtue of entering into this Agreement, Carilion/CBI agree and submits themselves to a court of
competent jurisdiction in the City of Roan6ke, Virginia and further agree that this Agreement is
controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other
matters shall be decided only by such court according to the laws of the Commonwealth of Virginia.
SECTION 38. NONWAIVER.
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
.:~*a,~,~ ~ ~ 10
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 by law.
SECTION 39. FORCE MAJEURE.
Ae
Notwithstanding the foregoing, if, by reason of Force Majeure, any party is unable to
perform or observe any agreement, term or condition of this Agreement which would give
rise to a default by that party of any obligation under this Agreement, that party shall not be
deemed in default during the continuance of such inability or due to such inability. Provided,
however, that the party seeking to apply this Section must give written notice to the other
parties within a reasonable period of time after the occurrence of the event in question.
The term "Force Majeure" shall mean: acts of God; strikes; lockouts or other industrial
disturbances; acts of public enemies; orders or restraints of any kind of the government of
the United States of America or the Commonwealth or any of their departments, agencies,
political subdivisions or officials, or any civil or military authority; insurrections; civil
disturbances; riots; epidemics; landslides; lightning; earthquakes; environmental problems;
fires; hurricanes; tornados; storms; droughts; floods; arrests; restraint of government and
people; explosions; breakage, malfunction or accident to facilities, machinery, transmission
pipes or canals; shortages of labor, materials, supplies or transportation; any property on
which work is to he done being too wet to allow work to be done on it; or any cause or
event not reasonably within the control of the party seeking to apply this Section.
SECTION 40. EASEMENTS.
Carilion/CBI promise and agree to grant and dedicate to the City necessary easements on their
property for the construction of infiastructure improvements benefitting the Project Area or
surrounding areas including, but not limited to, storm drainage, sanitary sewers, and/or water, all
at no cost to the City.
SECTION 41. APPROPRIATION OF FUNDS.
The obligations and/or efforts the City will undertake in connection with this Agreement are subject
to the availab'flity of funds and the appropriation by City Council of such fixnds as may be necessary
for such obligations and/or efforts. In the event that the City is unable to perform any of its
obligations or make any efforts undertaken b~ it in connection with this Agreement because funds
are not available or any necessary appropriation has not been made by City Council Carilion/CBI
shall have an option to either renegotiate or avoid, in its discretion, any obligations it may have under
this Agreement related' t6 those obligations and/or efforts which the City is unable to perform.
Carilion/CBI must exercise this option in writing within 90 days of being informed in writing by the
City of any such problem related to the unavailability of funds. In the event Carilion/CBI fails to
exercise its option within the designated time period, its obligations under this Agreement will
remain in full force and effect. .
sEcTIoN 42. CAPTIONS AND ltEADINGS.
The section captions and headings are for convenience and reference purposes only and shall not
affect in any way the meaning or interpretation of this Agreement.
SECTION 43. 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 or facsimile number that the party to be notified may have designated to the sender
by like notice) or if sent by facsimile to the facsimile number set forth below:
IftoCity, to:
City of Roanoke
City Manager
364 Municipal Building
215 Church Avenue SW
Roanoke, Virginia 24011
Fax No. 540.853-1138
With a copy to:
Director of Economic Development
111 Franklin Plaza, Suite 200
Roanoke, VA 24011
Fax No. 540-853-1213
If to Carilion/CBI, to:
or:
General Counsel and Senior Vice-President
Carilion Health System
P.O. Box 40032
Roanoke, VA 24022
213 South Jefferson Street, Suite 720
Roanoke, VA 24011
Fax No. 540-224-5796
Notice shall be deemed delivered upon the date of personal service, two days after deposit in the
United State~ mail, the day aiter delivery to a nationally recognized overnight courier, or upon the
date of confirmation of a facsimile transmission.
SECTION 44. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements
between the parties. No amendment to this Agreement will be valid unless made in writing and
signed by the appropriate parties.
IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized
representatives.
ATTEST:
Mary F. Parker, City Clerk
WITNESS:
Printed Name and Title
WITNESS:
Printed Name and Title
SEAL
CITY OF ROANOKE
By
Darlene L. Burcham, City Manager
Carilion Health System
By.
Printed Name and Title
Carilion Biomedical Institute
By.
Printed Name and Title
Approved as to Form:
Approved as to Execution:
City Attorney
Appropriation and Funds Required for
this Contract Certified
Director of Finance
· Date Acct. #
City Attorney
PROJECT PHASES
SOUTH JEFFERSON REDEVELOPMENT AREA
ROANOKE REDEVELOPMENT & HOUSING AUTHORITY
LEGEND
~ '~ ~ PROPOSED REDEVELOPMENT AREA BOUNDARY
,,.,,..m, ,...... ,.m HIGHWAY ACCESS RAMP TO SITE
(UNDER STUDY)
~ ~ ~ PHASE BOUNDARY
JUN~ 1. ~
SOURCE: ~ REDEV~.(:~F~ENT & HOU~NO AUTI.IOMTY
/
,/
NORTH
2.~0' t 25' 0 250'~ 50o
'= 250' , I
~W. ~ & ~. ~C
~L ~10
~ G~O~
~,eo. 3t!496--36.1-30~. Reserved.
Subdlvldon B. IPUD:, Industrial Planned Unit Development
District
311
~ee. 3~.1-307. intent. Sec. 36.1-310. Development standards.
The establishment and designation by the city council of an All applications for review and approval of IPUD districts shall
area a~ an industrial planned unit development ([PU.?)_ ~_~l~_' ~_, comply with the following standarde and controls of development:.
an defined in this ot~tion, is intended to encourage me
development of uses which require an integration of larffe4,cole (a) [V'eAicu/ar acces&'] Each lot within an IP~D district shall
office, research, commercial and manufacturing facilities in ~ have usable vehicular nccem from its own frontage to ~ public
state ~ructure~. designed a~ a unit, in a campm~like environment, street. '
The purpose of the regulations is ~ .ency. r~a~.,..ll~.~_a~ad~ Co) P/sot area rmV' The maximum floor aras ratio of all p~in-
design, promote the appropriate use o[ taml, mmumze cipal and aecemory hiildin~ shall be two (9.).
quate and economic provision of streets, ut,hta~ and..ot~r i.u~_ (c) Yardt' There shall be no minimum yard requiramen~; pr~
provements, and to pre, rye and enhance the natural ann m~emc vided that no building shall be clout than flRy (50) feet fi?n_ a
qualities of open space. (Ord. No. 28611, § 2, 4-~/~?) r~idential di~J~ct or lot containing arcoldential uae and ia~
parking ar, a shall be elcoor th?n fi.fl~e, n (15) feet to a res§dentin
~,e. ~.1-~0~. &pplleation. district or lot containing a residential uae.
(n) Any area meeting the requirements of th~.s .aee~, um may ~ (d) Heiff&t' The maximum height of buildings shall be forty-
amendment to th§. chapte, he fl.. (45)feet.. pt-- p ovided i.. io. 6.1
development district and .aid area shall he demgnateu .rt~z, (e) Open s/met- A minimum often (10) percent oftbe
the official zoning map; of the IPUD district shall be open and usable reereatmn ,lmCe
Co) The development shall occur on on~ ¢1) or_ mere Iots..wh .kb which is uMncumbered by drivowap or parking, this area may
are contiguous or would he contiguous but for their separatmn ny con~iat of open pi,rrna or declm ova,. ~zxp~uraa not more than
a street; and twenty (~0) feet from avora~ ~rmmd level. Open ,Imco .,o
(c) ~hall consist of at least twenty (20)aer~, or ten (10)~ vided shall be aeemmible to all employm of the ua~ m ins
in the urban enterprise zone. and at least two (2)bui_ld!..np.. itOth~ district.
developed ns a unit according to ~l~Tstandnrgb net [ogre m (f) G/reubdba muf fraH~ m All streets and driveways
droll he dedluml to mrvo adoqufddy their inlmdod traffic fuse'
division. (Ord. No. 28611, § 2, 4'27~ ) tis. and the ant§ell, tod volume of trdllc d, th, e, developmont-
(W) g~.gy:. 11m pl~ Ibr ~t of ~ _dto withh ?e.
~t~c. M.I~0~. Pmrnd~ mnsm. istrict dudl bo ~ mlTmnlmd in such a why ns
d ~ ·
Th~ following us~ only shall be imrmittod in ? ~.~ !~ ~ ~Hit~. (Ord. No. ~8611.1 9.* 4-~7~)
subject to review by the planning commisaion aha ~ ~
the city council: 8oe. ~t1411. App~ ~
et seq. the concurrent ndmlittal and approval of a deve~.nt .p.!.a I
Co) Principal permitted trees in the HM distric~ section 96.1488 pursuant to action 36.1-6'/0 et seq., and concur~nt
et seq. and approval of a subdivision plat, if required, parmmnt to Chap-
¢c) Nonresidential uses permitted in the G-9. district, soetion . ter 31 of the City Gods.
36.1-206. provided the total from floor area devoted to them nam
dee, not exceed fifteen ¢15) percent of the greta land area within
~the IPUD. (Ord. No. 28611, § 2. 4-274~?)
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
March 22, 2001
File #15-110-230
Mr. Robert Humphreys
510 Mountain Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Humphreys:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 19, 2001, you were appointed as a member of the ROanoke Arts Commission to fill
the unexpired term of Ann D. Masters, resigned, ending June 30, 2001.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Tayl.or Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
N:~CKSHl~.gendas 200~\Corres0. March 19, 2001 wpcl
Mr. Robert Humphreys
March 22, 2001
Page 2
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Roanoke Arts
Commission.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosures
pc:
Mark S. McConnel, Chair, Roanoke Arts Commission, 546 Camilla Avenue, S. E.,
Roanoke, Virginia 24014
Susan S. Hannabass, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
N:~CKSH l~Agendas 2001\Corresp. March 19, 2001 wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the nineteenth day of March, 2001, ROBERT HUMPHREYS was appointed
as a member of the Roanoke Arts Commission to fill the unexpired term of Ann D. Masters,
resigned, ending June 30, 2001.
Given under my hand and the Seal of the City of Roanoke this twenty-third day of
March, 2001.
City Clerk
N:\CKSHI~Agendas 2001\Con'esp. March 19, 2001 wod
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Robert Humphreys, 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 to fill the
unexpired term of Ann D. Masters, resigned, ending June 30, 2001, according to the
best of my ability. I swear or affirm.
Subscribed and sworn to before me this ~ day of
2001.
ARTHUR B. CRUSH, III, CLERK
BY
, DEPUTY CLERK
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
March 22, 2001
File #15-110-247
STEPHANIE M. MOON
Deputy City Clerk
The Honorable William White, Sr.
902 Lafayette Boulevard, N. W.
Roanoke, Virginia 24017
Dear Mr. White:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 19, 2001, you were appointed as a Commissioner of the Hotel Roanoke Conference
Center Commission to fill the unexpired term of James D. Ritchie, resigned, commencing
April 1,2001 and ending April 8, 2003.
Enclosed you will find a Certificate of your appointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
appointed.
Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosures
N:\CKSHI~Agendas 2001~Correso March 19, 2001 w~
The Honorable William White, Sr.
March 22, 2001
Page 2
pc~
John H. Parrott, Chair, Hotel Roanoke Conference Center Commission, P. O. Box
1628, Roanoke, Virginia 24008
Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center
Commission, Virginia Technical Institute and State University, 312 Burruss Hall,
Blacksburg, Virginia 24061
Deborah J. Moses, Executive Director, Hotel Roanoke Conference Center
Commission
Stephanie M. Moon, Deputy City Clerk
N:~CKSHltAgendas 2001\Corresp, March 19. 2001 wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the nineteenth day of March, 2001, WILLIAM WHITE, SR., was appointed as
a Commissioner of the Hotel Roanoke Conference Center Commission to fill the unexpired
term of James D. Ritchie, resigned, commencing April 1,2001 and ending April 8, 2003.
Given under my hand and the Seal of the City of Roanoke this twenty-third day of
March, 2001.
City Clerk
N:~CKSHl~Agendas 2001\Con'~sp. MarCh 19, 2001 .wpd
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, William White, Sr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a Commissioner of the Hotel Roanoke Conference Center
Commission to fill the unexpired term of James D. Ritchie, resigned, commencing
April 1, 2001 and ending April 8, 2003, according to the best of my ability. I swear or
affirm.
Subscribed and sworn to before me this __ day of
2001.
ARTHUR B. CRUSH, III, CLERK
BY
, DEPUTY CLERK
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the nineteenth day of March, 2001, S. WAYNE CAMPBELL was appointed
as a member of the City Planning Commission for a term ending December 31,2004.
Given under my hand and the Seal of the City of Roanoke this twenty-third day of
March, 2001.
City Clerk
N:\CKSHI~AgendaS 2001~,Con'esP Marcll 19, 2001 wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
March 22, 2001
File #110-327
Ms. H. Marie Muddiman
2619 Laburnum Avenue, S. W.
Roanoke, Virginia 24015
Dear Ms. Muddiman:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 19, 2001, you were appointed as a member of the Special Events Committee to fill
the unexpired term of Jay Stephens, resigned, ending June 30, 2001.
Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am also enclosing
copy of the Virginia Freedom of Information Act.
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to serve the City of Roanoke as a member of the Special Events
Committee.
Sincerely,
/~ Pa~r er, CMC
Mary F.
City Clerk
MFP:sm
Enclosures
pc:
David W. Davis, III, Chair, Special Events Committee, 3735 Franklin Road, #161,
Roanoke, Virginia 24014
Shiela Cuadrado, Secretary, Special Events Committee
Stephanie M. Moon, Deputy City Clerk
N:\CKSHI~Age~das 2001\Corresp Marctl 19, 2001 wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the nineteenth day of March, 2001, KERMIT E. HALE was appointed as a
member of the Board of Zoning Appeals to fill the unexpired term of Sydnor W. Brizendine,
Jr., deceased, ending December 31,2001.
Given under my hand and the Seal of the City of Roanoke this twenty-third day of
March, 2001.
City Clerk
N:~CKSHI~Aoendas 2001\Corresp. Marcfl 19. 2001.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the nineteenth day of March, 2001, H. VICTOR GILCHRIST was reappointed
as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term
ending August 31,2004.
Given under my hand and the Seal of the City of Roanoke this twenty-third day of
March, 2001.
City Clerk
N:\CKSHl~ger~as 2001\Correso March 19, 2001.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the nineteenth day of March, 2001, Jonathan Katz was reappointed as a
member of the Youth Services Citizen Board for a term ending May 31,2004.
Given under my hand and the Seal of the City of Roanoke this twenty-third day of
March, 2001.
City Clerk
N:\CKSHl~,gendas 2001\Corresp. March 19. 20~l.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
March 23, 2001
File #51-107
D. Kent Chrisman, Chair
City Planning Commission
2319 Avenham Avenue, S. W.
Roanoke, Virginia 24014
Dear Mr. Chrisman:
I am enclosing copy of Ordinance No. 35255-031901 amending and reordaining
Section 36.1-25, Definitions, of Article II, Construction of Language and Definitions, and
Section 36.1-445, Additional sign regulations, by amending subsection (a) and adding new
subsection (e), of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, of the
Code of the City of Roanoke (1979), as amended, to clarify and provide appropriate spatial
requirements for outdoor advertising signs. The above-referenced measure was adopted
by the Council of the City of Roanoke at a regular meeting which was held on Monday,
March 19, 2001.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
N:\CKSHl~Agem:tas 2001\Corresp. March 19, 2001.wpd
D. Kent Chrisman
March 23, 2001
Page 2
pc:
The Honorable
Virginia
The Honorable
Virginia
The Honorable
Virginia
The
The
The
The Honorable
The Honorable
The Honorable
The Honorable
Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of
Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of
Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia
Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Honorable Julian H. Raney, Jr., Chief Judge, General District Court
George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
William D. Broadhurst, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District
Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District
Court
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Transmitted by electronic mail to Municipal Code Corporation
Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia
24011
Randy Hodges, President, Hodges Signs, 1601 Seibel Drive, N. E., Roanoke,
Virginia 24012
Bill Lodzinski, General Manager, Lamar Advertising Company, 1545 Patrick Road,
N. E., Roanoke, Virginia 24012
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Peggy B. Stewart, Office of the Magistrate
Darlene L. Burcham, City Manager
George C. Snead, Jr., Assistant City Manager for Community Development
Martha P. Franklin, Secretary, City Planning Commission
N:\CKSHI~AGendas 2001\Corresp. March 19, 2001.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 19th day of March, 2001.
No. 35255-031901.
AN ORDINANCE amending and reordaining §36.1-25, Definitions, of Article II,
Construction of Language and Definitions, and §36.1- 445, Additional sign regulations, by amending
subsection (a) and adding new subsection (e), of Article IV, Supplementary_ Regulations, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to clarify and provide
appropriate spatial requirements for outdoor advertising signs; and dispensing with the second
reading of the title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-25, Definitions, of Article II, Construction of Language and Definitions,
and §36.1-445, Additional sign regulations, of Article IV, Supplementary_ Regulations, of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and
reordained to read and provide as follows:
Sec. 36.1-25. Definitions.
For the purpose of this chapter certain terms and words used herein shall be
defined as follows:
Street, arterial: A major
considerable continuity.
thoroughfare of heavy traffic volume and
Street, collector: A street which carries traffic from a local street to an
arterial street in addition to serving primarily as access to more than forty (40)
existing lots.
Street, local: A street used for access to abutting properties and which serves
forty or fewer lots.
Sec. 36.1-445.
(a)
Additional sign regulations.
In all districts, the following additional sign regulations shall be applicable:
No outdoor advertising sign shall be erected:
(1) Within three hundred (300) feet from the boundary line of any
residential district within the City.
(3)
Within three hundred fifty (350) feet from any outdoor advertising
sign on the same side of the street.
(6)
Along an arterial or collector street within five hundred (500) feet of
any point in the City at which the City's municipal corporation
boundary is intersected by the arterial or collector street.
(e)
The distances separating outdoor advertising signs from each other or
separating any outdoor advertising sign from any boundary shall be measured
from the nearest point on the proposed outdoor advertising sign to the nearest
applicable point of the outdoor advertising sign or boundary.
(0
Any application for a zoning permit for the erection of an outdoor advertising
sign shall be accompanied by a basic development plan showing by survey
the location of the proposed outdoor advertising sign, and the distance from
the proposed sign to any other outdoor advertising sign or boundary.
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:\Ord-CA-Zoning\O-CAZ-AddSignRcgs-2-07-01 2
,4--
Roanoke City Department of Planning
and Code Enforcement
Room 166, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(540) 853-2344 (Fax) 853-1230
} ~i iErnail: planning@ci.roanoke.va.us
March 19, 2001
The Honorable Ralph K. Smith, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Proposed Amendments to Zoning Regulations Dealing with
Outdoor Advertising (billboards) in the City of Roanoke
Background:
The Planning Commission considered proposed amendments to the City's outdoor
advertising regulations at its meeting on September 21,2000. At that time the
Commission, by a vote of 4-2 (Mr. Butler and Mrs. Duerk voting in opposition to the
motion) recommended that City Council approve the proposed amendments. This
recommendation was then forwarded to City Council for public hearing on October 16,
2000 and City Council subsequently referred the matter back to the City Planning
Commission for further study, report and recommendation.
The Ordinance and Names Committee of the Planning Commission met on November
16, 2000, to discuss the next steps for considering amendments and recommended
that given the significance of the matter and the interest of other Commission members,
that any discussion be heard by the full Commission rather than the committee.
The Planning Commission held a public hearing on December 21,2001, to discuss the
matter further. City Planning staff discussed the proposed amendments and presented
two charts which compared the City of Roanoke's regulations with other communities in
the Roanoke SMSA and in the State of Virginia. This information also was mailed to all
neighborhood leaders, as well as others who had expressed interest in the proposed
amendments. Representatives of the sign industry addressed the Commission and
expressed opposition to the proposed amendments. Representatives of Valley
Beautiful and the Mill Mountain Garden Club spoke in favor of the amendments and in
favor of additional regulations to address outdoor advertising. There was discussion
among Commission members and the public regarding the need for more than "band-
aids" to the existing ordinance. Discussion of the matter was stopped when a quorum
of the Commission was no longer present. Consequently, the matter was continued
until the Commission's next meeting.
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
Planning staff met on January 8, 2001, with representatives of the sign industry and
beautification organizations to determine if there was common ground that could be
reached. It was tentatively agreed that certain changes to the ordinance could be
supported to close existing loopholes and that additional changes dealing with the
placement of billboards, their maintenance, and viewshed protection would be
proposed at a later time in 2001. The tentatively agreed upon changes include the
following:
A new billboard could not be located within 350 feet from an existing
billboard on the same side of the street.
Billboards could not be located within 300 feet of a residential district
located within the City.
Billboards could not be located within 500 feet of the intersection of an
arterial or collector street and a municipal corporation boundary. (Note
that in the event that a boundary runs down the center of the street, a
350-foot spacing requirement would apply between billboards located
beyond the 500-foot boundary/street requirement.)
· The distance between billboards would be measured from sign to sign
rather than lot to lot. A basic development plan must be submitted for
new billboards and all separation distances must be documented by a
survey.
Planning Commission public hearing was held on February 15, 2001. Mrs. Evelyn
Lander presented the proposed amendments. Mr. John Bradshaw (3132 Burnleigh
Road, S.W.) appeared before the Commission representing Valley Beautiful. He spoke
in favor of the proposed amendments. Mr. Garland Kitts, representing Lamar
Advertising, also spoke in favor of the proposed amendments advising that they
appreciated the opportunity to work through the ordinance revisions.
Recommendation:
Planning Commission, by a vote of 5-0 (Messrs. Butler, Chrisman, Dowe, Hill and Rife
voting for the motion and Mr. Manetta absent) recommended that City Council adopt
the attached zoning ordinance amendments dealing with outdoor advertising.
Sincerely,
D. Kent Chrisman, Chairman
Roanoke City Planning Commission
attachments
CC~
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
George C. Snead, Jr., Assistant City Manager for Community Development
Steven J. Talevi, Assistant City Attorney
3
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
2/7/01
AN ORDINANCE amending and reordaining {}36.1-25, Definitions, of Article II,
Construction o fLanguage and Definitions, and {}36.1- 445, Additional sign regulations~ by amending
subsection (~) and adding new subsection (e), of Article IV, Supplementary Regulations_~ of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to clarify and provide
appropriate spatial requirements for outdoor advertising signs; and dispensing with the second
reading of the title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-25, Definitions, of Article II, Construction of Language and Definitions,
and {}36.1-445, Additional sign regulations, of Article IV, Supplementary_ Regulations., of Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and
reordained to read and provide as follows:
Sec. 36.1-25. Definitions.
For the purpose of this chapter certain terms and words used herein shall be
defined as follows:
Street, arterial: A major thoroughfare of heavy traffic volume and
considerable continuity.
Street, collector:
A street which carries traffic from a local street to an
arterial street in addition to serving primarily as access to more than forty (40)
existing lots.
Street, local: A street used for access to abutting properties and which serves
forty or fewer lots.
Sec. 36.1-445.
(a)
Additional sign regulations.
In all districts, the following additional sign regulations shall be applicable:
No outdoor advertising sign shall be erected:
(1) Within three hundred (300) feet from the boundary line of any
residential district within the City.
(3)
Within three hundred fifty (350) feet from any outdoor advertising
sign on the same side of the street.
(6)
Along an arterial or collector street within five hundred (500) feet of
any point in the City at which the City's municipal corporation
boundary is intersected by the arterial or collector street.
(e)
(f)
The distances separating outdoor advertising signs from each other or
separating any outdoor advertising sign from any boundary shall be measured
from the nearest point on the proposed outdoor advertising sign to the nearest
applicable point of the outdoor advertising sign or boundary.
Any application for a zoning permit for the erection o fan outdoor advertising
sign shall be accompanied by a basic development plan showing by survey
the location of the proposed outdoor advertising sign, and the distance from
the proposed sign to any other Outdoor advertising sign or boundary.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
2
H.\O rd. CA.Z orlin~\O-CAZ-AddSignl~gs-2-07-01
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
.................................. '~ ..... ~ _ .~ ~-, ~ ~ - + ...........................
ROANOKE CITY CLERK'S
215 CHURCH AVE SW RM
ATT: MARY PARKER, CL
ROANOKE VA 24011
REFERENCE: 80023382
01621753 Chapter 36.1 Zoning
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,
Virginia. / .~
Sworn and subscribed before m~ this
of Mar~h 2001. W-itn~_ss u~v--~a~d)and official
seal.~__~ ~ ~~ , Notary
My commission expires __q--~/
Commonwealth/State of
day
Public
PUBLISHED ON: 03/02 03/09
TOTAL COST: 254.72
FILED ON: 03/12/01
Billing
Services Representative
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended, the Council
of the City of Roanoke will hold a Public Hearing on March 19, 2001, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church
Avenue, S.W., in order to consider an amendment and revision to Chapter 36.1, Zoning, Code of the
City of Roanoke (1979), as amended.
The proposed amendment would amend the following sections of Chapter 36.1, Zoning, of
the Code of the City of Roanoke (1979),
Construction of Language and Definitions;
as amended: §36.1-25, Definitions, of Article II,
and subsection (a) of §36.1- 445, Additional sign
regulations, of Article IV, Supplementary_ Regulations, to clarify and provide appropriate spatial
requirements for outdoor advertising signs. A copy of said proposed amendment is available for
review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content
of the proposed regulation should be directed to the Office of Community Planning, 853-2344.
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.
GIVEN under my hand this 27thday of February , ~000q. 2001.
Mary F. Parker, City Clerk.
N:\CASHXNOTICE~N-Z-AddSignRegsOutdoorAds. PH.3-19-01 wpd
Publish in the Roanoke Times, once on Friday, March 2, 2001, and once on Friday,
March 9, 2001.
Send publisher's affidavit and bill to:
Mary F. Parker
City Clerk
Room 456, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1538
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION '0'i
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public hearing on Thursday,
February 15, 2001, 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:
Proposed amendment of Section 36.1-25, Definitions, Article II, construction of
language and definitions; and Section 36.1-445. Additional sign regulations of
Article IV, Supplementary Regulations, Code of the City of Roanoke (1979), as
amended.
A copy of said application is available for review in the Department of Planning
and Code Enforcement, 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.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, January 30 and February 6, 2001
Send affidavit of publication to:
Department of Planning and Code Enforcement
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230 (fax)
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 t-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va, us
STEPHANIE M. MOON
Deputy City Clerk
March 8, 2001
File #51
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, I have advertised public hearings to be held on
Monday, March 19, 2001, at 7:00 p.m., in the City Council Chamber, fourth floor, Noel C.
Taylor Municipal Building, on the following matters:
(1)
Public hearing to consider an amendment to §36.1-25,
Definitions, of Article II, Construction of Language and
Definitions; and subsection (a) of §36.1-445, Additional sign
regulations, of Article IV, Supplementary Regulations, Chapter
36.1, Zoning, of the Code of the City of Roanoke (1979), to
clarify and provide spatial requirements for outdoor advertising
signs.
(2)
Request of the Roanoke Valley SPCA and Sandra L.
Overstreet, represented by W. Eric Branscom, Attorney, that
a tract of land partially fronting on a portion of Baldwin Avenue,
N. E. (8 lots), and additional property fronting on a portion of
Edmund Avenue (16 lots), identified as Official Tax Nos.
3210616 - 3210620, inclusive, 3210712 - 3210722, inclusive,
and 3210701 -3210708, inclusive, be rezoned from LM, Light
Manufacturing District, to HM, Heavy Manufacturing District.
N:\cksml\Public Hearlngs.Ol\March 19, 2001.wpd
The Honorable Mayor and Members
of the Roanoke City Council
March 8, 2001
Page 2
(3)
Request of Paul A. Duncan and Gary A. Duncan Partnership,
that a portion of those certain parcels of real property located
at 4425 and 4431 Northwood Drive, N. W., identified as Official
Tax Nos. 6140610 and 6140609, and a portion of that certain
parcel of land located at the intersection of Peters Creek Road
and Woodbridge Avenue, N. W., identified as Official Tax No.
6141403, be zoned from RS-3, Residential Single Family
District, to C-2, General Commercial District.
For your review prior to March 19, I am enclosing copy of the City Planning Commission
reports regarding Public Hearing Nos. 1 and 3.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sm
Enclosure
pc:
D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue,
S. W., Roanoke, Virginia 24014
Darlene L. Burcham, City Manager
Willard N. Claytor, Director, Real Estate Valuation
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
J. Thomas Tasselli, Development Review Coordinator
Edward R. Tucker, City Planner
Stephanie M. Moon, Deputy City Clerk
Cindy M. Ayers, Executive Secretary, City Manager's Office
H:\Public Hearings. Ol\March 19, 2001 .wpd