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HomeMy WebLinkAboutCouncil Actions 03-05-01ROANOKE CITY CO UNCIL REGULAR SESSION HUDSON 35221 MARCH 5, 2001 12:15 P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Council Member Harris was absent.) Briefing with regard to proposed changes in Roanoke's Solid Waste Management Program. (45 minutes) A communication from the City Attorney requesting 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. (Approved 6-0) 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. (Approved 6-0) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of l~larch, 2001. I%. 35222-030501. A RESOLUTION in recognition of the heroic and potentially life-saving action of Mr. Keith Patrick Weltens of Radford. WHEREAS, at approximately 8 p.m. on January 16, 2001, Mr. Weltens was driving out of a parking garage located on the comer of Franklin and Williamson Roads. He noticed a man leaning suspiciously into another car parked in the garage. Sensing that someone may have been in danger, Mr. Weltens stopped his vehicle and sounded his horn. Mr. Weltens' suspicions were well-founded: his action interrupted the perpetration of a violent physical assault against an innocent woman; and WHEREAS, at the sounding of the horn, the woman was able to escape from her attacker and flee to the safety of Mr. Weltens' vehicle. He immediately drove her to Community Hospital, where she received prompt medical attention; and WHEREAS, Mr. Weltens' actions saved the woman 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; and WHEREAS, through Mr. Weltens' selfless response to a person in need, a fellow citizen will live knowing that while evil deeds may forever plague us, brotherly love will role the day in the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Keith Patrick Weltens be thanked and be recognized before all the citizens of Roanoke for his heroic contribution to the safety and welfare of our community. ATTEST: City Clerk. ACTION: C-1 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL February 20, 2001 12:15 p.m. The Council of the City of Roanoke met in regular session on Tuesday, February 20, 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 Rule 1, Reqular Meetinqs. of Section 2-15, Rules of Procedure, 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 ................................................ 1. OFFICERS PRESENT: Mary F. Parker, City Clerk. COMMITTEES-COUNCIL: A communicat;on 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 the Council, pursuant to Section 2.1-344 (A)(1), 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 Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch 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.) At 12:20 p.m., the Mayor declared the meeting in recess to be immediately reconvened in the Emergency Operations Center Conference Room, Room 159, for a briefing by the City Manager on Victory Stadium. At 12:25 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. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. PARKS AND RECREATION-STADIUM-SCHOOLS: The City Manager introduced a briefing with regard to Victory Stadium. She advised that on Monday, January 29, 2001, Council held a public hearing regarding options for Victory Stadium and, in advance of the public hearing, a meeting was held with representatives of the high school athletic community to identify their concerns regarding the various proposals. Immediately following the meetings, she stated that Fred Krenson, representing Rosser International, Inc., was contacted to identify various options and alternatives to the proposals that had previously been shared with Council, with an eye toward being as responsive as possible to each concern that was identified, recognizing that there might be trade-offs in the process, but also addressing such issues as the absence or presence of a track facility, accessing the football field, the number of seats on both sides of the Stadium, and how the sun would or would not reflect into the eyes of persons in the press box, members of the football team and the audience. She called attention to concerns related to the flood way, flood plain and levy wall; whereupon, she requested that the City Engineer address certain issues relating to the geographical location of Victory Stadium. Following the City Engineer's presentation, she advised that Mr. Krenson would review two options under study for Victory Stadium renovation and Steve Angelucci, Senior Vice President of ISP Sports, Inc., and Ken MacDonald, Executive Director, SFX Entertainment, were also present to answer questions regarding opportunities and challenges for booking events at Victory Stadium. In view of the U.S. Army Corp of Engineers flood reduction project, the City Engineer addressed the floodplain and the floodway, and advised that the floodplain area is the area of the 100 year regulatory flood, and within this area is the floodway. He explained that nothing could be done within the floodway that would raise the regulatory flood elevation without a review by the Federal Emergency Management Association (FEMA) which has very little latitude to approve these types of encroachments. He stated that a track facility will not fit on the Victory Stadium site without major revisions because if would overlap the boundaries of the flood reduction project to be built on the Roanoke River. The City Manager pointed out that with any of the Victory Stadium options, it has been anticipated that the elevation of either the field and/or the support facilities would have to be raised up to ten feet. Mr. Krenson reviewed two concepts for Victory Stadium which are summarized as follows: Option 1.1 Includes renovation of the existing stadium, keeping the field at the current level, providing football and soccer sports functions and portable stage setup, providing 1,000 permanent chair seats and 4,000 bleacher seats on each side, reconstructing spectator support facilities and reconstructing the press box. Any stage element must be portable Any stage will be a temporary setup in the end zone or on the field. As such, it will be marketable only on an occasional, special event basis, just like it is currently. All stadium support facilities are raised above the flood plain. All support facilities would be required to be raised approximately ten feet. City School issues 1. Press box faces east - - desirable 2. Field runs north-south -- desirable 3. Comparable seating capacity on both sides - -5,000~5000 split 4. Track not included in design. Distances 1. Front row, 50 yard line to football sideline - - 57 feet 2. Front row, permanent stands to front edge of stage - - 284 feet Overall Total, Stadium and Parking $9,664,199.00 (to relocate the fountain add $65,000.00) 4 Option 1CC New Stadium with movable seats, oriented more east- wide, for 8,000 This option includes demolishing the existing stadium, raising the field approximately ten feet, providing football, soccer and track sports functions and permanent stage setup, providing 5,000 permanent chair seats on the non-stage side constructed to allow them to be moved near the stage for small capacity amphitheater events, providing temporary bleacher seating for approximately 3,000 on the stage side, reconstructing spectator support facilities and reconstructing the press box. Permanent sta~le element creates more marketable amphitheater Permanent stage on the southwest side faces an adequate direction for the stage, allows seats located on the field and the opposite side stands to be usable for a more available amphitheater arrangement, particularly when moved closer to the stadium. Smaller Capacity facility allows the track to fit more simply. Track oriented SSE-NNW will allow stands and stage to fit within the available space. All stadium components are raised above the floodplain. City School Issues 1. Press box faces southwest - - less desirable 2. Field runs NNW-SSE - less desirable; compromise for sports and amphitheater; track in this orientation fits betterwithin floodway parameters; 3. Comparable seating capacity on both sides - - 5,000~3000 split Distances 1. Front row, 50 yard line to football sideline - 85 feet (without track- 57 feet; without track and without soccer field - 45 feet) 2. Front row, permanent stands to front edge of stage - 330 feet (without track - 284 feet; without track and without soccer - 225 feet). Note: potential for moving stands in this option would allow "permanent" stands to be moved and located on the field, as close as 75 to 100 feet from the stage, depending on capacity needs. Overall Total, Stadium and Parking - $19,572,084.00 (to relocate the fountain add $65,000.00) Question was raised as to the frequency of flooding at Victory Stadium; whereupon, staff advised that after reviewing historical records spanning approximately 50 years, it appears that Victory Stadium floods every five to six years. The Mayor requested information on the number of times that the water level exceeded six inches, as well as the flooding potential over the next 50 years if a flood wall is constructed. In view of the limitations of the Victory Stadium location, Mr. White suggested that another site in the City be identified, along with the costs to construct a first class high school football stadium for 6000 - 8000 persons and a field for track. The City Manager stated that given what is now understood to be some of the limitations of the Victory Stadium site, it would be advisable to look at other available sites and costs. She advised that the Roanoke community of today would not support an amphitheater by itself, but in combination with a stadium, it is feasible and could help to market the community. She explained that neither of the options presented by Rosser International allows the opportunity to address the track situation at any time in the immediate future, although it may be possible to create a track after the flood wall is constructed and the flood reduction process has been completed, however, it could be as long as six years before the flood reduction project is completed. Therefore, she stated that the question is: are either of the options agreeable to Council recognizing that the track issue remains unresolved, or should the City think about proceeding as some members of the high school athletic community have suggested and build a track or tracks at the two high schools to accommodate that issue. Mr. Harris spoke in support of providing a briefing on the two options authorized by Mr. Krenson to the Roanoke City School Board, especially that information regarding the track facility and how the facility relates to floodway/floodplain issues since that has been one of the primary concerns about the Victory Stadium site. Ms. Wyatt reiterated a suggestion previously made by Mr. Bestpitch with regard to the feasibility of a regional track facility which would help to defray costs and provide a level of valley cooperation. She requested information regarding the cost of a combination track and football field, a football stadium, and a regional and/or separate track facility. Mr. Angelucci, a concert promoter and manager of the Virginia Beach Amphitheater which is a 20,000 seat facility and the Richmond Classic Amphitheater which is an 11,400 seat facility, advised that he has promoted concerts in Roanoke since 1988, and based upon his experience, Council would be wise to spend a considerable amount of time debating the issue because it is a major decision for the City of Roanoke. He stated that many entertainment artists choose 35 day tours and they select the 35 opportunities that will enable them to earn the most money, contracts are based on attendance, therefore, seating capacity is a key issue, and six to ten shows/events per year is a reasonable number to anticipate. In terms of marketing, Mr. MacDonald advised that the vitality and viability of the Roanoke market as a location for concerts over the past three years has improved dramatically. He called attention to a recent study which indicates that it is estimated that an average of six to ten concerts could be attracted to Roanoke annually. Following discussion, it was the consensus of Council that the City Manager be requested to identify the frequency of flooding at the Victory Stadium site since the facility was constructed, including the number of flood incidents as a result of heavy rainfall; the cost of constructing a stadium at a different location, with or without a track facility; the possibility of a regional or separate track facility; to communicate track facility issues as related to the floodway to the Roanoke City School Board; and to report on potential uses of Victory Stadium on a short term basis. At 1:55 p.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Tuesday, February 20, 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 C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor Ralph K. Smith .................................................................................................. 7. ABSENT: None ........................................................................................ -0. 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 The Reverend Douglas Turner. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. 7 PRESENTATIONS: ACTION: DECEASED PERSONS-ZONING-COMMITTEES: Mr. White offered the following resolution memorializing the late Sydnor W. Brizendine, Jr., who passed away on February 7, 2001: (#35213-022001) A RESOLUTION memorializing the late SydnorW. Brizendine, Jr., a lifelong resident of Roanoke and a Iongtime member of the City's Board of Zoning Appeals. (For full text of Resolution, see Resolution Book No. 63.) Mr. White moved the adoption of Resolution No. 35213-022001. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. 0. The Mayor request that a moment of silent prayer be observed in memory of Mr. Brizendine. DECEASED PERSONS-CITY EMPLOYEES: On behalf of the Members of Council, the Mayor expressed condolences upon the passing of Mr. Reid Cotton, a City employee who lost his life in the line of duty on Tuesday, February 13, 2001. He requested that a moment of silent prayer be observed in Mr. Cotton's memory. At 2:10 p.m., the Mayor declared the meeting in recess. At 2:25 p.m., the meeting reconvened in the City Council Chamber, with Mayor Smith presiding, and all Members of the Council in attendance. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called attention to a report of the City Manager which was added to the Consent Agenda requesting a Closed Meeting to discuss a matter of disposition of publicly held real property, pursuant to Section 2.1-344(A)(3) Code of Virginia (1950), as amended. ACTION: ACTION: ACTION: MINUTES: Minutes of the regular meetings of Council held on Tuesday, September 5, 2000, and Monday, September 18, 2000, 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 Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ........................................................................................... --0. COMMITTEES-SPECIAL EVENTS: A communication from Jay Stephens tendering his resignation as a member of the Special Events Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed and that the resignation be accepted. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................ -0. OATHS OF OFFICE-COMMITTEES-ARCHITECTURAL REVIEW BOARD: A report of qualification of Robert N. Richert as a member of the Architectural Review Board for a term ending October 1, 2004, was before Council. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ........................................................................................... -0. ACTION: COUNCIL: A communication from the City Manager requesting that Council convene in Closed Session to discuss disposition of publicly held real property, pursuant to Section 2.1- 344(A)(3), Code of Virginia (1950), as 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 Manager to meet in Closed Session to discuss disposition of publicly held real property, pursuant to Section 2.1-344(A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ...................................................................................................... 7. NAYS: None ............................................................................................ -0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ACTS OF ACKNOWLEDGMENT-DISABLED PERSONS: Christene A. Montgomery, Chair, Mayor's Committee for People with Disabilities, expressed appreciation for the City's compliance with the Americans with Disabilities Act. She called attention to issues and responses relating to the Carvins Cove Reservoir Study, more timely notice of meetings of the Mayor's Committee for People with Disabilities so that persons with disabilities may plan for and attend meetings, separating Wasena and Smith Park plans, additional parking spaces for the handicapped near the Noel C. Taylor Municipal Building, closed captioned for the hearing impaired on RVTV Channel 3, appointment of persons to committees who are aware of cross-disability issues, and appropriation of funds totaling $161,220.00 for remodeling four City recreation centers and seven park shelters to be in compliance with the Americans with Disabilities Act. She commended the Deputy City Manager, James D. Ritchie, for his cooperation and assistance. (See report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that report would be received and filed. ]0 ACTION: ACTION: COMPLAINTS ROANOKE NEIGHBORHOOD PARTNERSHIP- HOUSING/AUTHORITY: Ms. Gloria Dorma advised that on October 4, 1999, she appeared before Council in connection with neighborhood development issues, and since that time, certain neighborhood plans have been completed by City Planning staff. She further advised that on October 4, 1999, she requested that the City clearly define the term "multi-family" housing as to location and number of units in a specified area so as not to create an "asphalt jungle". At that time, she stated that she spoke in support of constructing housing units such as duplexes in residential areas throughout the community that would meet the criteria for Iow income housing, she expressed concern regarding the concentration of multi-family housing in northwest Roanoke, and requested that the City prepare a neighborhood plan for northwest Roanoke before any additional multi-family housing is constructed. Ms. Dorma reiterated her October 4, 1999, remarks and requested that appropriate legal terminology be included in the neighborhood plan(s) for northwest Roanoke to prevent developers from constructing large housing developments in one concentrated location and eliminating open or green space within the housing developments. Without objection by Council, the Mayor advised that the remarks of Ms. Dorma would be referred to the City Manager and the City Attorney for appropriate response. PETITIONS AND COMMUNICATIONS: BUDGET-PENSIONS: A communication from Council Member William White, Sr., recommending that the matter of consideration by Council of a permanent cost-of-living adjustment (COLA) for all City retirees be referred to fiscal year 2001-02 budget study, and that the City Manager and the Director of Finance be requested to survey other Virginia governmental retirement plans and recommend an appropriate percentage increase for Council's consideration during budget study sessions, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the matter be referred to the City Manager and the Director of Finance to survey other Virginia Governmental retirement plans and to recommend an appropriate percentage increase for Council's consideration during fiscal year 2001-02 budget study. The motion was seconded by Ms. Wyatt and unanimously adopted. ]! TAXES-SPECIAL PERMITS: A petition from the Blue Ridge Small Business Development Center, Inc., dba The New Century Venture Center, requesting tax-exempt status on real property located in the City of Roanoke at 1354 Eighth Street, S. W., pursuant to Section 30 - 19.04(B) Code of Virginia (1950), as amended, was before the body. (For full text, see petition on file in the City Clerk's Office.) ACTION: Mr. White moved that the matter be referred to the City Manager and the City Attorney for study, report and recommendation to Council. The motion was seconded by Mr. Hudson and unanimously adopted. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of $3,024.00 in additional State funds for the Governor's Academic Challenge for Success program, advising that the program will provide additional instruction time for students who received a school year 2000 accreditation rating of "Accredited with Warning" in mathematics or English and are at-risk of not passing the Standards of Learning assessments, said program to be one hundred per cent funded by State funds, was before Council. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: (#35214-022001) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 School and School Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) ACTION: Mr. Carder moved the adoption of Ordinance No. 35214-022001. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................ -0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: NEIGHBORHOOD ORGANIZATIONS-HENRY STREET REVIVAL COMMETTEE- DOWNTOWN NORTH: The City Manager introduced a briefing on activities/accomplishments of the Roanoke Neighborhood Development Corporation. She advised that Council Member Hudson, at the Council meeting on Tuesday, January 2, 2001, requested a briefing on the RNDC project, including financial information on the amount of funds appropriated by the City to the project since its inception and accomplishments to date; whereupon, she called upon Stanley R. Hale, Executive Director, for remarks. Mr. Hale introduced RNDC Board members in attendance, i.e.: Council Member Linda F. Wyatt, Vernice Law, President, The Reverend Johnny Stone, N. L. Bishop, and Cynthia Bryant. He called upon Melinda Payne, the City's liaison to RNDC, to present the briefing. Ms. Payne advised that as the RNDC Board of Directors began to think about where they were headed with the project, they realized that former Mayor Noel C. Taylor initiated the idea of revitalizing the Henry Street area more than two decades ago; and RNDC was created as the community component of a public/private partnership with the City of Roanoke in response to Dr. Taylor's appeal. She stated that RNDC is a non-profit community-based organization partnering with the City of Roanoke and the Roanoke Redevelopment and Housing Authority to facilitate revitalization and development in an area of the City which was once referred to as the Greater Gainsboro Development area. She advised that RNDC wishes to enhance the quality of life in the City of Roanoke, specifically Henry Street and surrounding residential neighborhoods; and the RNDC Board is composed of Roanoke citizens, although some might not now live in the immediate area, who are committed to Gainsboro through the importance that the community played in their personal development or development of their ancestors. She explained that RNDC has a new project manager, Stanley R. Hale, President and CEO of Southwest Virginia Community Development Fund; a new master plan is under development, along with selection of an architect; a new design will reflect the essence of the Gainsboro neighborhood; and a contract has been entered into with Copty and Company to assist with marketing and other pre-construction startup activities. She called attention to the importance of completing the vision for a better Gainsboro, the final cornerstone of the legacy of Roanoke's oldest settlement or community which predates the incorporation of Roanoke as a city. She advised that the most historical site in Gainsboro is Henry Street which once served as the most popular dining, entertainment and commercial district for black residents of Roanoke and surrounding areas before integration; and the Dumas Hotel serves as a reminder of those times. She further advised that there is much to appreciate in Gainsboro; i.e.: the Lawson building which houses the Southwest Virginia Community Development Fund and also serves as RNDC's current headquarters, Gainsboro Library, Hotel Roanoke, Social Security offices in the former Stone Printing building, the Higher Education Center which is the first of three major projects planned for the area, Shenandoah Crossing in the near future with groundbreaking scheduled for this year, and to complete the vision is the RNDC catalyst project, Crew Suites, which is to be located at the intersection of Henry Street, Wells Avenue and Gainsboro Road. She explained that Crew Suites will occupy approximately 45,000 square feet of commercial office building space which will include a portion of Roanoke City's Department of Social Services, housing between 150 - 200 service related jobs. She advised that project objectives include: lease commitments for at least 60 per cent of the space by September 30, 2001, with construction to begin by November 2001 and project completion by October 2002, and the Board of Directors of RNDC is committed to insuring that Crew Suites fits in with the surrounding neighborhood. Mr. Hale advised that the Board of Directors of the Southwest Virginia Community Development Fund agreed, at the request of RNDC in October 2000, to provide the necessary staff support and leadership to the project and in order to be successful, the project, will require community support and support from City Council and the City administration. He further advised that after assuming his position, he performed a quick assessment as to where the RNDC project is and where it needs to go. He stated that realistic objectives were established and a team was appointed to help accomplish objectives which will include an architect to be hired within 30 days, and a real estate management firm which has already been employed (Copty and Company) to assist with marketing and other pre-start up activities. Vice-Mayor Carder called attention to the Gainsboro Neighborhood Plan and the Outlook Roanoke Plan and addressed the importance of insuring that the development efforts of RNDC mirror and support efforts of the Outlook Roanoke Plan. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. COMMUNITY PLANNING: The City Manager introduced a briefing on the City's Vision 2001 - Comprehensive Plan. Brenda McDaniel, Member of the Comprehensive Plan Advisory Committee, advised that the theme of Vision 2001 is to imagine the future of Roanoke, but at the same time, to keep the soul; it was realized that before a vision could be created for Roanoke by imagining the future, it was necessary to find out what citizens perceive to be special about Roanoke, and by asking citizens what they thought was unique, a planning process could begin that recognizes Roanoke's strengths, as well as those areas that need improvement. ]4 She advised that in October, 2000 citizens were invited to the Roanoke Civic Center to share their thoughts and suggestions, and the following themes surfaced as a result of the forum: Think Regionally/think big. Be confident about the future of the City and region. Protect the environment: mountains, ridgetops, viewsheds, streams, parks and green ways are an important resource and provide the foundation for a great quality of life in Roanoke. Economic Development: Keep pace with current and emerging technologies; market Roanoke's environment, recreational and cultural attractions. Capitalize on new technology as an economic development engine and to provide greater access to workforce development, education, and information. Downtown: celebrate successes in revitalizing and re-energizing the downtown area. Transportation: build great urban streets for vehicles and people, with trees, sidewalks and bikeways that add value to the City and its neighborhoods; continue to support and expand air transportation. Education and schools: a healthy, attractive public school system is a very important asset in attracting and retaining families in the City. People: People of all ages and backgrounds should be encouraged to be active participants in City life, especially youth as they are the future leaders of the City. Ms. McDaniel stated that because the Comprehensive Plan deals with many aspects of the life and work of its citizens, six Task Teams were formed to address a wide variety of issues ranging from code enforcement to solid waste management, from brownfields to green ways, from neighborhoods to regional economic development and from schools to technological infrastructure, among others. She advised that on January 25, 2001, a public draft containing the results of the task team meetings was presented and the meeting was important because it enabled the Advisory Committee to set priorities for the next phase of the planning process which will end on May 30, and will focus on specific ideas that have surfaced to the top of the plan; ten groups called "Roundtables" will define ideas dealing with technology, housing, economic development initiatives, creating measures for a healthy community, creating multi-service centers, design guidelines for streetscapes and transportation corridors, selling Roanoke to newcomers, residents and visitors, strategies for funding critical cultural and recreational amenities, looking at the potential for development of underutilized or vacant sites, enhancing neighborhood commercial centers by thinking of them as village centers, and much more; "Roundtables" are open to the public and will consist largely of committee members, task team members and City staff, the purpose of which is to add more depth to the plan and to test the ideas that have been raised several times during the process in an effort to see if and how these ideas can be molded into recommended programs, projects and policies, and citizens will be asked to think about a timeline for the recommendations. Ms. McDaniel explained that on May 5, the Advisory Committee is expected to view a draft plan; staff and consultants will take comments and schedule another public forum where citizens will again comment and provide feedback on the draft plan, and shortly thereafter, the plan will be presented to the City Planning Commission and to City Council. ACTION: Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: BUDGET-COMMUNICATIONS DEPARTMENT-EQUIPMENT: The City Manager submitted a communication advising that Council authorized an 80 MHz Regional Radio system and entered into an Intergovernmental Agreement with Roanoke County in 1997 for installation and maintenance of the system; the radio system was placed into use in 1999 for Public Safety and is now being used by all departments in the City; and $101,000.00 was included in the Transfers to Capital Projects Fund as part of the adopted General Fund budget for fiscal year 2000-01 in support of maintenance for the project. The City Manager recommended that Council appropriate $101,000.00 to the Radio Project Account for annual maintenance purposes. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Harris offered the following emergency budget ordinance: (#35215-022001) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) Mr. Harris moved the adoption of Ordinance No. 35215-022001. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ............................................................................................ -0. BUDGET-GREENWAY SYSTEM: The City Manager submitted a written communication advising that in 1999, the Lick Run Greenway bicycle/pedestrian lane was completed from the 1-581 interchange to Valley View; the Roanoke Valley Greenway Commission recently received bids on completion of the next phase of the Lick Run Greenway, which will extend from the 1-581 interchange to Court Street; design work will begin soon on the final phase that will continue the Lick Run Greenway to The Hotel Roanoke; and the Lick Run Greenway will be a part of a City-wide greenway system, with each portion being constructed as funds become available. It was further advised that the Greenway Commission received five bids ranging from $124,800.00 to $233,747.55, with L&S Plumbing and Excavating Company of New Castle, Virginia, submitting the Iow bid; the Greenway Commission Steering Committee voted to accept the bid from L&S Plumbing and Excavating Company; the Roanoke Valley Greenway Commission set aside $104,000.00 and is requesting $32,000.00 from the City of Roanoke to complete the project; of these funds, $20,000.00 will be used for construction as designed and $12,000.00 will be set aside for a ten per cent contingency fund; and funding in the amount of $125,110.00 from proceeds of the sale of Westview Terrace, Account No. 008-1329, is available for greenway development. 17 ACTION: The City Manager recommended that Council appropriate $125,110.00 from Account No. 008-1329 to a new account entitled, "Greenway Development"; the money will be used to fund the City system of greenways and drawn upon as each portion is constructed; and that Council further authorize payment of $32,000.00 to the Roanoke Valley Greenway Commission for completion of the Lick Run Greenway from the 1-581 interchange to Court Street from said new account. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35216-022001) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) Mr. Harris moved the adoption of Ordinance No. 35216-022001. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................ -0. CITY CLERK: SCHOOLS: The City Clerk submitted a written report advising that on June 30, 2001, the three year terms of office of Melinda J. Payne and Ruth C. Willson as Trustees of the Roanoke City School Board will expire; pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process, therefore, the concurrence of Council in establishing the following dates is requested: (1) On Monday, March 19 at 6:00 p.m., Council will hold an informal meeting (reception) which will be open to the public with all candidates for School Trustee in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building. ACTION: (2) On Monday, March 19 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the Whole, will review and consider all candidates for the position of School Trustee. At such meeting, Council shall review all applications filed for the position and Council may elect to interview candidates for such positions. (3) On Monday, April 2 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be eliminated from the School Trustee selection process. The number of candidates to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. (4) On Monday, April 16 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public hearing to receive the views of citizens. (5) On Thursday, April 19 at 6:00 p.m., Council will hold a meeting for the purpose of conducting a public interview of candidates for the position of School Trustee. (6) On Monday, May 7 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the two vacancies for terms commencing July 1, 2001, and ending June 30, 2004. (For full text, see report on file in the City Clerk's office.) Mr. White moved that Council concur in the above referenced dates. The motion was seconded by Mr. Harris and unanimously adopted. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: TRAFFIC-PARKS AND RECREATION-BRIDGES-STREETS AND ALLEYS: At its meeting on Monday, February 5, 2001, Council received a briefing by the City Manager with regard to one way traffic on Wiley Drive for the entire length of Wasena and Smith Parks, the matter was again before the body. On February 5, Council voted to accept the report of the City Manager with the request that City staff report to Council by Tuesday, February 20, 2001, on the implications of not including Wasena Park in the proposed plan, pending completion of the flood control project on the Roanoke River by the U.S. Army Corp of Engineers and that any plan which is submitted to Council will address requirements of the Americans with Disabilities Act. Also on February 5, Vice-Mayor Carder requested that the City Manager review the matter of installing stop signs at pedestrian crosswalks, and the posting of 13 mph as opposed to 15 mph speed limit signs. The City Manager submitted a communication in response to questions raised by Council Members at the February 5 meeting, as follows: School Bus Access - Vertical clearance at the Franklin Road Bridge is limited to approximately ten feet; regular size school buses require at least ten feet six inches of clearance; regular size buses are the only vehicles that can accommodate handicapped students; smaller buses that are available in the fleet will not accommodate handicapped students; therefore, City staff recommends that the grade on Wiley Drive be lowered by two feet to provide the required vertical clearance, at a cost of $20,000.00. Americans with Disabilities Act access - The plan is fully ADA compliance; it will provide handicapped accessible parking immediately adjacent to the ADA accessible restrooms in Smith Park; all parking areas will include handicapped van accessible parking spaces; all pedestrian crossings will meet ADA requirements, and the plan also proposes an ADA accessible fishing deck in Smith Park. Speed Limit Posting - Staff has researched the effectiveness of the suggested 13 mph speed limit posting; literature on the subject indicates that such signs are ineffective, such posting of odd speed limits is contrary to accepted practice as published in the Manual on Uniform Traffic Control Devices. Stop Signs - Staff believes that adequate traffic calming measures have been included in the project and recommends that stop signs at pedestrian crossings be considered as a future option of progressive traffic control measures. The City Manager further advised that the current budget allocated for proposed improvements is $200,000.00, and budget needed to complete all improvements, including those in the Wasena Park segment is $325,000.00; the project can be designed to meet the existing $200,000.00 budget by a corresponding reduction of project features such as planting boxes, pedestrian islands, and/or parking; if the project scope is modified to address only the Smith Park segment, the proposed $200,000.00 budget is adequate; project construction will be expedited and it is estimated that the project can be completed within 120 days of Council's endorsement of a plan. (See communication on file in the City Clerk's Office.) Mr. Hudson expressed concern with regard to spending taxpayers' money on 2O Wasena Park before completion of the flood control project by the U. S. Army Corp of Engineers. He advised that he supports the greenway system, however, other persons use Wasena Park besides walkers, joggers and bicyclists. He called attention to ball fields and picnic areas that are used regularly by the public at large in Wasena Park, therefore, his vote will be based on what is best for all citizens of Roanoke. Mr. Bestpitch advised that the intent was of his motion on October 16, 1999, was to reach a reasonable compromise between those who wanted Wiley Drive reopened to two way traffic and those who wanted Wiley Drive to remain closed to all vehicular traffic, and the compromise was essentially to provide that the same $200,000.00 that had been appropriated for the traffic calming project could be used to extend a one way option, not only through Smith Park but all the way to the far end of Wiley Drive at the west side of Wasena Park where Wiley Drive intersects into Winchester Avenue. He further advised that it was his intention to spend no additional money other than the $200,000.00 previously budgeted to provide a type of greenway experience along that section of the Roanoke River through Smith Park and Wasena Park which would allow those persons who desire a vehicle-free surface on which to walk or ride their bicycles to have one-half the width but two times the length through both parks. He stated that an additional $20,000.00 to lower the surface of the roadway and to provide clearance under the bridge at Franklin Road is a reasonable addition to the budget. He added that if the U. S. Army Corp of Engineers develops a flood reduction project that impacts the area, the planter boxes could be relocated to Smith Park, and the distance between the planter boxes could be decreased which will not be a waste of taxpayers' money, and would provide a boost to the greenway project in a relatively short period of time at a small financial investment. Mr. White advised that Wasena Park should be kept separate from Smith Park until the U. S. Army Corp of Engineers completes its flood reduction study, and requested that the record reflect that he voted against the motion on October 16, 1999, and will continue to vote against any motion that includes the Wasena Park segment. Vice-Mayor Carder and Council Member Harris advised that they understood and supported the October 16, 1999, motion of Mr. Bestpitch because it represents a good compromise and doubles the greenway for basically the same amount of money. Ms. Wyatt questioned whether the planting boxes can be relocated. She advised that some changes will be made as a result of the flood reduction study by the U. S. Army Corp of Engineers and it would be a waste of taxpayers' money to knowingly proceed with the project when it will have to be changed in a short period of time. She advised that she agrees with the concept of greenways, however, if there will be a major impact on the Wasena Park portion of the project, it is prudent to hold that part of construction in abeyance until the City knows exactly what it can and cannot do in regard to the flood reduction project. The City Engineer clarified that the planting boxes are substantially large structures that they can be moved to another location with the use of heavy equipment, therefor, the planter boxes located in Wasena Park could be recycled and moved to Smith Park if necessary. He advised that Smith Park could be addressed without Wasena Park and City staff is familiar with the location where the flood reduction project will impact the area. Question was raised as to whether the project of the U. S. Army Corp of Engineers will have an impact on the existing road in Wasena Park, to which the City Engineer responded in the affirmative, and advised that that portion of the road between the two parking lots will be removed and replaced with an off road trail that is set back and the proposal of the Corp of Engineers is to remove that portion of the road in Wasena Park. He stated, however, that the road would still exist for Smith Park because the Corp of Engineers flood reduction project does not propose any improvements in Smith Park. Upon question by a Member of Council, the City Engineer advised that Wasena Park and Smith Park includes a total of 154 planting boxes valued at $800.00 each totaling $123,200.00, which provides for one planter box every 50 feet (90 planter boxes in Smith Park and 64 in Wasena Park). He further advised that the number could be cut in half to provide 45 planter boxes in Smith Park and 32 in Wasena Park, which would provide approximately a $60,000.00 difference in cost. He noted that the spacing on the planting boxes is critical to the traffic calming effect they should provide and 50 feet spacing is appropriate to achieve a traffic calming effect; i.e. as a vehicle is passing one planting box, another box would be in immediate view, and if spacing is increased from 50 to 100 feet, the effect is diminished. The City Manager clarified that her recommendation includes the elimination of a $40,000.00 parking lot, therefore, that $40,000 could be applied to additional planting boxes which would allow planting boxes to be spaced closer than every 100 feet. Upon question, the City Engineer advised that his recommendation would be to space the planting boxes at distances of every 50 feet in order to achieve the traffic calming effect that is needed. Ms. Wyatt moved that Council approve one-wayvehicular traffic through Smith Park, with the inclusion of planting boxes and lowering of the grade on Wiley Drive by two feet to provide the required vertical clearance at the Franklin Road Bridge, at a cost of $200,000.00 which was previously allocated for the project, plus an additional $20,000.00 to be taken from the Contingency Fund for lowering the grade. The motion was seconded by Mr. Hudson. The Mayor advised that whatever decision is made will not satisfy all parties in interest, however, he expressed concern with regard to spending over $200,000.00 on the project before the flood reduction project is completed by the U. S. Army Corp of Engineers. He stated that Council should hear the comments of citizens who were present out of their concern regarding the matter before voting on the motion offered by Ms. Wyatt, seconded by Mr. Hudson; whereupon, Ms. Wyatt raised a point of order. She advised that Council Members Bestpitch and White had expressed a desire to speak, all other members of Council had been given the opportunity to speak, therefore, professional courtesy dictates that Council Members Bestpitch and White be permitted to address the body before hearing comments by citizens. The Mayor advised that he had previously recognized Mr. Bestpitch on several occasions during the discussion and without objection by Council, he would proceed with citizen comments. Hearing no objection, the Mayor called upon the first speaker; whereupon, Ms. Wyatt moved that Council Members Bestpitch and White be permitted to present their remarks prior to comments by citizens. ACTION: The motion failed for lack of a second. Mr. Thomas Dannel, 2210 Charlevoix Court, S. W., spoke in support of leaving Wiley Drive open to vehicular traffic to be accessed both ways. He advised that spending over $200,000.00 of taxpayers' money for planting boxes is a waste of funds and requested that Smith Park be left open for all citizens to enjoy. He called attention to other facilities in Roanoke that joggers, walkers and bicyclists can use which are located away from vehicular traffic such as public schools Victory Stadium, etc. Ms. Ann Lemon, 3169 Westridge Road, S. W., advised that her generation is not impressed with the way Smith Park and Wasena Park have been managed in the past and they have taken advantage of other options to relocate to other cities where urban parks are provided that are safe, clean and more user friendly for people who want to participate in all types of recreation, including walking, jogging, biking, etc. She asked that Council, as its number one priority, make the park more user friendly for those persons who want to use the area as a park. She called attention to safety hazards for joggers and bicyclists, etc., who are forced onto the roadway along with vehicles because the bridge and some portions of the shoulder of the road are narrow. She added that the park is not safe or user friendly because of vehicular parking which attracts undesirable persons who harass pedestrians, and asked that vehicular traffic be one way through Wasena and Smith Parks with the other half turned into a greenway. Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., advised that it is important for Council to have a vision and, more importantly, that the vision be implemented. She stated that in the discussion sessions regarding Vision 2001, references were made to the need for greenways and for Roanoke to be a healthy community. She referred to discussions regarding the delay because of the U. S. Corp of Engineers flood reduction project which could be as long as ten years in the future, however, Roanoke needs a facility now for citizens of the community to enjoy. She stated that there is a need to connect Wasena Park to Smith Park to River's Edge to Piedmont Park and a greenway for these parks would allow economic development to proceed. Mr. Duane Howard, 508 Walnut Avenue, S. W., spoke in support of leaving Smith Park closed to vehicular traffic. He referred to the Parks and Recreation Ten Year Master Plan which calls for the construction of two multi-purpose recreation facilities, yet, Smith Park in its present form, offers more recreational opportunities for a more diverse class of people than any building man could ever hope to build and it is already paid for and in full use. He advised that in the years ahead, Smith Park will be looked upon as a major contributing factor to the health and vitality of not only the City of Roanoke, but the entire region, and any action by Council other than keeping the park closed to vehicular traffic is a wanton act of total disregard for the time, money and effort that it took to produce the City's Parks and Recreation Master Plan which represents the wishes of Roanoke's citizens. Ms. Patty Vipperman, 208 Windward Drive, S. W., suggested that the park be kept closed to vehicular traffic until there is some determination with regard to the flood reduction project. She advised that recently, on a day when the climate was not conducive to outdoor recreation, she observed numerous joggers, bicyclists and walkers, etc., enjoying Smith park, therefore, if such a large number of persons were taking advantage of the park on a cold day, it would seem a disservice to open the park to vehicular traffic. The Mayor called attention to the following messages from two citizens who wished to have their positions noted for the record: Ms. Anne Jennings, 2710 Rosalind Avenue, S. W., would like for Wiley Drive to be open for one way traffic and a pedestrian walkway. Ms. Beverly W. Pugh, 848 Wildwood Road, S. W., would like for Wiley Drive to be closed to vehicular traffic. The Mayor called upon Mr. Bestpitch who had previously asked to be recognized; whereupon, Mr. Bestpitch asked that Ms. Wyatt reconsider her position and support a plan of action that will provide the most for the money invested. Mr. Harris called for the question. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder and Mayor Smith ..................................................................................................... -7. NAYS: None ............................................................................................. 0. The motion offered by Ms. Wyatt, seconded by Mr. Hudson, to approve one-way vehicular traffic through Smith Park, with the inclusion of planting boxes and lowering of the grade on Wiley Drive by two feet to provide the required vertical clearance at the Franklin Road Bridge, at a cost of $200,000.00 which was previously allocated for the project, plus an additional $20,000.00 for lowering the grade, was adopted by the following vote: AYES: Council Members Hudson, White, Wyatt and Mayor Smith ............... -4. NAYS: Council Members Harris, Bestpitch and Carder ................................. 3. INTRODUCTION RESOLUTIONS: None. AND CONSIDERATION OF ORDINANCES AND MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: None. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: LEGISLATION: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired if Council receives citizen input regarding topics that are included in the City's Annual Legislative Program and, if so, what are the requirements for including a project in the Legislative Program. Even though the City's 2001 Legislative Program has been submitted to the City's representatives to the General Assembly, she further inquired if the document can be amended. All items presented under Other Hearing of Citizens are automatically referred to the City Manager. COUNCIL: The Mayor called attention to the Financial Planning Session of Council which is scheduled to be held on Saturday, March 10, 2001, at 8:30 a.m., at the Hotel Roanoke Conference Center. At 5:10 p.m., the Mayor declared the meeting in recess. At 6:45 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 Vice-Mayor Carder who left the meeting during the Closed Session. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Harris 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 Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................... 6. NAYS: None ........................................................................................... -0. (Vice-Mayor Carder was absent.) OATHS OF OFFICE-COMMITTEES-BLUE RIDGE COMMUNITY SERVICES: The Mayor advised that there is a vacancy on the Blue Ridge Behavioral Healthcare Board of Directors created by the resignation of Ann Janney-Schultz, and called for nominations to fill the vacancy. Mr. Bestpitch placed in nomination the name of Sherie Bernath. There being no further nominations, Ms. Bernath was appointed as a member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31, 2003, by the following vote: ACTION: FOR MS. BERNATH: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ............................................................................... -6. (Vice-Mayor Carder was absent.) OATHS OF OFFICE-COMMITTEES-ZONING: The Mayor advised that the terms of office of Clay Grogan and Joel W. Richert as members of the Board of Zoning Appeals expired on December 31, 2000, and called for nominations to fill the vacancies. Mr. Bestpitch placed in nomination the names of Clay Grogan and Joel W. Richert. There being no further nominations, Mr. Grogan and Ms. Richert was reappointed as members of the Board of Zoning Appeals, for terms ending 27 A~TION: ACTION: ACTION: December 31, 2003, by the following vote: FOR MR. GROGAN AND MS. RICHERT: Council Members Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith ............................................................ -6. (Vice-Mayor Carder was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that the three year terms of office of Lular R. Lucky and William E. Skeen, and the one year terms of office of Barbara N. Duerk and Charles W. Hancock, as members of the Roanoke Neighborhood Partnership Steering Committee, expired November 30, 2000; and there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created by the resignation of Mark E. Petersen; whereupon, the Mayor opened the floor for nominations to fill the vacancies. Mr. Bestpitch placed in nomination the names of Lular R. Lucky, William R. Skeen, Barbara N. Duerk and Charles W. Hancock. Mr. Hudson placed in nomination the name of Michael W. Ridenhour. There being no further nominations, Ms. Lucky and Mr. Skeen were reappointed for terms ending November 30, 2003, Ms. Duerk and Mr. Hancock were reappointed for terms ending November 30, 2001, and Mr. Ridenhourwas appointed for a term ending November 30, 2003, as members of the Roanoke Neighborhood Partnership Steering Committee, by the following vote: FOR MS. LUCKY, MR. SKEEN, MS. DUERK AND MR. HANCOCK, AND MR. RIDENHOUR: Council Members Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith ..................................................................................................... -6. (Vice-Mayor Carder was absent.) OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor advised that there is a vacancy on the Mill Mountain Advisory Committee created by the resignation of Barry L. Thomas, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Michael A. Loveman. There being no further nominations, Mr. Loveman was appointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2001, by the following vote: FOR MR. LOVEMAN: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ................................................................................ 6. (Vice-Mayor Carder was absent.) ACTION: ACTION: OATHS OF OFFICE-COMMITTEES-CONVENTION AND VISITORS BUREAU: The Mayor advised that the term of office of Sunny Shah as a City of Roanoke representative to the Roanoke Valley Convention and Visitors Bureau expired on June 30, 2000, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Sunny Shah. There being no further nominations, Mr. Shah was reappointed as a City of Roanoke representative to the Roanoke Valley Convention and Visitors Bureau, for a term ending June 30, 2001, by the following vote: FOR MR. SHAH: Council Members Harris, Hudson, White, Wyatt, Bestpitch and Mayor Smith .................................................................................................... -6. (Vice-Mayor Carder was absent.) OATHS OF OFFICE-COMMITTEES-COURT COMMUNITY CORRECTIONS BOARD: The Mayor advised that the term of office of William H. Cleaveland as a City of Roanoke representative to the Court Community Corrections Program Policy Board expired on December 31,2000, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of William H. Cleaveland. There being no further nominations, Mr. Cleaveland was reappointed as a member of the Court Community Corrections Program Policy Board, for a term ending December 31, 2003, by the following vote: FOR MR. CLEAVELAND: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ............................................................................... -6. (Vice-Mayor Carder was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE VALLEY RESOURCE AUTHORITY: The Mayor advised that the term of office of Robert K. Bengtson as a member of the Roanoke Valley Resource Authority expired on December 31, 2000, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Robert K. Bengtson. There being no further nominations, Mr. Bengtson was reappointed as a member of the Roanoke Valley Resource Authority, for a term ending December 31, 2004, by the following vote: 3O ACTION: ACTION: ~'"TION: ACTION: FOR MR. B£NGTSON: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ............................................................................... -6. (Vice-Mayor Carder was absent.) Inasmuch as Mr. Bengtson is not a resident of the City of Roanoke, Mr. Harris moved that the City residency requirement for persons serving on authorities, boards, commissions and committees appointed by the Council be waived in this specific instance. The motion was seconded by Mr. Bestpitch and adopted. OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING DEPARTMENT: The Mayor advised that the terms of office of John D. Fulton, Jr., and Tommy L. Dowdy as members of the Property Maintenance Code, Board of Appeals, expired on November 10, 2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of John D. Fulton, Jr., and Tommy L. Dowdy. There being no further nominations, Mr. Fulton and Mr. Dowdy were reappointed as members of the Property Maintenance Code, Board of Appeals, for terms ending November 10, 2005, by the following vote: FOR MR. FULTON AND MR. DOWDY: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ..................................................................... -6. (Vice-Mayor Carder was absent.) OATHS OF OFFICE-COMMITTEES-AIRPORT: The Mayor advised that the term of office of J. Granger Macfarlane as a member of the Roanoke Regional Airport Commission will expire on March 31, 2001, and called for nominations to fill the upcoming vacancy. Mr. Hudson placed in nomination the name of J. Granger Macfarlane. There being no further nominations, Mr. Macfarlane was reappointed as a member of the Roanoke Regional Airport Commission, for a term ending March 9, 2005, by the following vote: FOR MR. MACFARLANE: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ............................................................................... -6. (Vice-Mayor Carder was absent.) 31 32 ACTION: OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Mayor advised that there is a vacancy on the Cultural Services Committee (City Manager's designee), created by the resignation of Beverly James, and called for nominations to fill the vacancy. Mr. White placed in nomination the name of Mary Neal. There being no further nominations, Ms. Neal was appointed as a member of the Cultural Services Committee (City Manager's designee), by the following vote: FOR MS. NEAL: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith .............................................................................................. -6. (Vice-Mayor Carder was absent.) At 6:50 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Tuesday, February 20, 2001, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the 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 C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, and Mayor Ralph K. Smith--6. ABSENT: Vice-Mayor Carder .................................................................... 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 Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CHS, Inc., that a tract of land lying on the south side of Melrose 33 Avenue, N. W., and the west side of 24th Street, commonly known as W. B. Clements, Inc., containing approximately 10.149 acres, more or less, identified as Official Tax No. 2420205, be rezoned from C-2, General Commercial District, to IPUD, Industrial Planned Unit Development District, subject to certain conditions proffered by the petitioner, the matter was before the body. A communication from Michael G. Ballantyne, Senior Vice President, Carilion Health System, representing CHS, Inc., requesting that the petition for rezoning be withdrawn, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Without objection by Council, the Mayor advised that the petition for rezoning would be withdrawn. ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of VFW Post #1264 that a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive and Marr Street, identified as Official Tax No. 2270223, continue to be zoned C-1, Office District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 2, 2001, and Friday, February 9, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that in October, 1995, the property was conditionally rezoned from RS-3, Residential Single-Family District, to C-1, Office District, for the purpose of constructing a child day-care center according to a proffered development plan; the day-care center was not constructed, the property remains zoned C-1, Office District, and is still subject to the following proffered conditions of the previous rezoning, was before Council: "The property will be developed in substantial conformity with the site plan prepared by Keith Somers, dated July 22, 1995, a copy of which is attached to the Petition for Rezoning, as Exhibit B, subject to any changes required by the City during site plan review." 34 It was further advised that VFW Post #1264, Inc., has a contract to purchase the subject property for the purpose of constructing a new meeting facility; and the contract purchaser desires to retain the existing C-1 zoning, but amend the proffered conditions in order to provide for a revised development plan to accommodate the proposed facility. The City Planning Commission recommended that Council approve the request to amend the proffered conditions on said property, with the understanding that a Fourth Amended Petition, which was discussed at the City Planning Commission public hearing, will be filed prior to Council's public hearing. It was advised that the rezoning request is consistent with the City's Comprehensive Plan and will have minimal effect on the surrounding residential neighborhood; inclusion of sidewalks will be beneficial to the neighborhood and re-location of the principal building on the northern end of the site near existing commercial uses will provide a development with greater open space at the southern end of the property adjacent to residential uses. (For full text, see report on file in the City Clerk's Office.) David A. Bowers, Attorney, appeared before Council in support of the request of his client. ~"TION: Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#35217) 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.) ACTION: The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 35217 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................... 6. NAYS: None ............................................................................................ -0. (Vice-Mayor Carder was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lorna M. Hall that two tracts of land located at 3034 and 3042 Brambleton Avenue, S. W., identified as Official Tax No. 1650903 and 1650946, be rezoned from RS-3, Residential single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published The Roanoke Times on Friday, February 2, 2001 and Friday, February 9, 2001. in (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the subject properties consist of approximately 1.5 acre and are currently zoned RS-3, Single Family Residential District; and that the petitioner requests that the properties be rezoned to C-2, General Commercial District, subject to certain conditions, in order to use the two existing residential structures on Brambleton Avenue for commercial purposes, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, and advised that the subject properties are appropriate for Iow intensity commercial development; proffered conditions address the development and land use of the properties; and existing trees within the landscaped buffer between commercial and residential uses will be retained. (For full text, see report on file in the City Clerk's Office.) Maryellen F. Goodlatte, Attorney, appeared before Council in support of the request of her client. ACTION: Mr. Bestpitch moved that the following ordinance be placed upon its first reading: (#35218) 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.) The motion was seconded by Mr. Harris. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 35218 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith .............................................................................................................. -6. NAYS: None ............................................................................................ -0. (Vice Mayor Carder was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Ruth B. Hartman, Kevin M. and Susan T. Walker, and GAD Management, that certain property located at 2109 and 2115 Peters Creek Road, N. W., identified as Official Tax Nos. 6370301,6370302 and 6370304, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Friday, February 2, 2001, and Friday, February 9, 2001. (See publisher's affidavit on file in the City Clerk's Office.) A report of the City Planning Commission advising that the proposed rezoning consists of three parcels of land currently zoned RS-3, Single Family Residential District, located at the intersection of Peters Creek Road and Woodbridge Avenue, N. W.; and the petitioners propose to develop the site for a J. D. Byrider franchise, which finances on-site pre-owned cars, was before Council. 37 The City Planning Commission recommended that Council approve the request for rezoning, pursuant to an executed First Amended Petition to Rezone which should be filed prior to Council's public hearing on the matter. (For full text, see report on file in the City Clerk's Office.) Cooper Yuille, Attorney, appeared before Council in support of the request of his clients. ACTION: Mr. Harris moved that the following ordinance be placed upon its first reading: (#35219) 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.) ACTION: The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning; whereupon, Mr. Kermit E. Plummer, 1652 Garstland Drive, N. W., spoke in support of the proposed rezoning. He advised that the proposed use will not have an adverse impact on the community or on the City as a whole, and noted that the entire Westview Terrace community endorses the rezoning. Mr. Merle Whitbeck, 1806 Angus Road, N. W., spoke in support of the proposed rezoning. He commended the petitioner for meeting with residents of the area to answer questions and to explain the purpose of the rezoning. He advised that the proposed structure will set a good example for other business establishments on Peters Creek Road and will be an asset to the neighborhood, while providing an economic benefit to the City of Roanoke through increased taxes. Mr. Bestpitch advised that the first question Council should ask itself before making a decision is: how much C-2 property currently exists in a particular area of the City and how much is needed. He stated that City Planning staff recommended denial of the request for rezoning, partly in view of the fact that there is other vacant C-2 property in the immediate vicinity, and it is a disservice to current C-2 property owners and business owners in an area when their ability to sell their property is continually undercut. He inquired as to why a person would pay a C-2 property owner what their property is worth on the commercial market of todaywhen they can purchase a residential property at a lesser price and petition City Council for a rezoning. He stated that the City Planning staff's recommendation further ACTION: ACTION: indicates that a C-1 rezoning is more appropriate at this location than a C-2 rezoning, therefor, for the above reasons, he could not support the rezoning and concurs in the recommendation of City Planning staff. Ordinance No. 35219, on first reading, was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, and Mayor Smith ...... 5. NAYS: Council Member Bestpitch .............................................................. 0. (Vice-Mayor Carder was absent.) POLICE DEPARTMENT-EASEMENTS-CITY PROPERTY-WATER RESOURCES: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Tuesday, February 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, on a proposal to grant a 15-foot easement across City-owned property to Verizon Virginia, Inc., to install underground facilities to provide telephone service to the new police building, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Sunday, February 18, 2001. (See publisher's affidavit on file in the City Clerk's Office.) The Water Resources Committee recommended that Council authorize execution of the appropriate document in a form approved by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#35220) 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.) The motion was seconded by Mr. Hudson. The Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 35220 was adopted, on its first reading, by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, and Mayor Smith ............................................................................................................... 6. NAYS: None ............................................................................................. 0. (Vice-Mayor Carder was absent.) OTHER HEARING OF CITIZENS: MISCELLANEOUS: Mr. Robert Gravely, 1412 Moorman Road, N. W., read a prepared statement offering suggestions for unification of the City of Roanoke. (See statement on file in the City Clerk's Office.) PARKS AND RECREATION-STADIUM: Mr. Jim Fields, 17 Bridgecrest Road, Hardy, Virginia, spoke in support of renovating Victory Stadium. (Items addressed under Other Hearing of Citizens are automatically referred to the City Manager.) At 7:55 p.m., the Mayor declared the meeting in recess until Monday, February 26, 2001, at 7:00 p.m., in Fitzpatrick Hall, The Jefferson Center, 541 Luck Avenue, S. W., at which time Council will hold a public hearing in conjunction with the City Planning Commission and the City of Roanoke Redevelopment and Housing Authority on the proposed South Jefferson Redevelopment Plan. The regular meeting of Roanoke City Council which was declared in recess on Tuesday, February 20, 2001, until 7:00 p.m., on Monday, February 26, 2001, at The Jefferson Center, Fitzpatrick Hall, 541 Luck Avenue, S. W., was called to order by Mayor Ralph K. Smith. PRESENT: Council Members C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith .................................................................................................. 7. ABSENT: None ........................................................................................ -0. 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 Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. The Mayor advised that the purpose of the meeting is to hold a joint public 4O hearing of the Roanoke City Council, the City of Roanoke Redevelopment and Housing Authority and the Roanoke City Planning Commission to consider approval by City Council at a later date of the proposed South Jefferson Redevelopment Plan and to consider determining at a later date whether the proposed redevelopment plan is substantially in accord with Roanoke Vision, the City's adopted Comprehensive Plan. He further advised that the redevelopment plan relates to the area which is generally east of Route 200 (the Roy L. Webber Expressway), west of the Roanoke River, south of Elm Avenue Interchange with 1-581 and north of Wiley Drive and Wiley Road. The primary purpose of the Redevelopment Plan is to provide for private reinvestment and economic growth through redevelopment by private enterprise. Specifically, the goals of the Redevelopment Plan are to eliminate blight, blighting influences, deteriorations and deleterious land use, to improve business activity and to generate additional economic value for the City of Roanoke, to make the best use of the area's location and urban character, and to provide for a versatile mix of complimentary land uses with the redevelopment area. Legal advertisement of the public hearing was published in The Roanoke Times on Wednesday, February 14, 2001 and Wednesday, February 21, 2001. (See publisher's affidavit on file in the City Clerk's Office.) City of Roanoke Redevelopment and Housing Authority members present: Ben J. Fink, H. Victor Gilchrist, James W. Burks, Jr., Christie L. Meredith, and Willis M. Anderson, Chair. Roanoke City Planning Commission members present were: Robert B. Manetta, Alfred T. Dowe Jr., Richard A. Rife, Gilbert E. Butler and D. Kent Chrisman, Chair. John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, presented a summary of the proposed Redevelopment Plan for the South Jefferson Street area. He advised that the area under discussion extends from Roanoke Memorial Hospital and Victory Stadium up Reserve Avenue to Franklin Road and along both sides of Jefferson Street up to Albemarle and Highland Avenues including much of the Roanoke River front property along that area. He stated that the area qualifies for redevelopment under Virginia law because the existing physical and economic conditions justify public participation to correct physical conditions and to strengthen the economic base of the City of Roanoke. He further stated that the goal is to remove physical conditions that have not generated economic stability and growth in the area and to provide an environment and infrastructure that will encourage private reinvestment and development that will add to the strength of the City's economic base. He advised that not just any area in a city qualifies for the intent of public assistance that is proposed with this redevelopment area; the Virginia General Assembly has determined that many communities have areas that do not contribute adequately to the strength of the city; the poor physical condition of these areas may hurt property values and tax revenues or even pose a health or safety threat to the people in that vicinity; in response, the General Assembly passed a law allowing public funds to be used to purchase private property and to make that property available for private and public redevelopment; and there are a number of reasons the South Jefferson Redevelopment area falls in that category; i.e.: An economic analysis indicates that from 1994 to 1999, em ployment fell 15 per cent in the area and gross revenues and wage distributions and personal income decreased while they increased throughout the City. This area lags behind the City as a whole in all economic categories. Eighty-two per cent of the area is in the Roanoke River's floodplain with flood elevations reaching as high as 17 feet above the finished floor, and has suffered the brunt of major floods. Also, many of the buildings that are there now do not meet the City's requirement for floodplain development. Significant environmental hazards exist. Buildings located on 28 per cent of the land store or handle hazardous materials. This increases the risk to public health and safety because of contamination during a flood. In addition, several properties may have soil contamination that exceeds human health risk based on Federal screening criteria, and other lots may have been used to store hazardous materials and need further evaluation. A large per centage of the buildings are so deteriorated that there is either no hope of renovation or they need major repairs which would be a prohibitive cost because the buildings are located in a floodplain. There are other conditions that contribute to the deterioration of the redevelopment area. Twelve per cent of the lots are vacant or have buildings that are not used; and many of the streets are very narrow and in poor condition, lack sidewalks, and curbs and gutters are in poor condition or do not exist. Mr. Baker advised that the overall goal of the redevelopment plan is to eliminate factors which inhibit growth and provide a way for private reinvestment and economic growth to take place through private enterprise; and other goals that serve as the basis for the regulations and controls placed on land throughout this redevelopment area are: To assist in rebuilding, renovating, and relocating businesses and clearing the land of all inappropriate uses and deficient improvements. To redevelop the land for biomedical and other related businesses that would contribute to economic growth of this area and build the City's tax base. 43 To build attractive gateways to the area taking advantage of its strategic location next to some of the most highly traveled streets and roads in the City: Jefferson Street, Franklin Road and 1-581. To design a vibrant area with multiple uses including work, play. eating and living along with safe and convenient parking. Mr. Baker noted that because there are so many significant changes that need to be made to revitalize the area and because there are so many limitations due to the existing conditions, it is necessary to acquire property and specific steps to carry out the redevelopment program are as follows: All property marked as "to be acquired" on the boundary and acquisition map is eligible to be acquired, and overall, 74 per cent of the area is so deteriorated that it is necessary to clear the property and redevelop the entire area. The property will then be sold to private developers to develop in accordance with the plan. The Housing Authority will be assisting businesses in their moves to new locations and paying property owners fair market value for their land. All of the relocation activities are run by the Roanoke Redevelopment and Housing Authority and strictly follow the requirements set under Virginia law. The Housing Authority may provide assistance to reuse some of the existing structures for commercial or mixed use with possibly some residential use. This will only be accomplished with private investors when it is economically possible to fix the property up to local codes. New streets with proper drainage will be built following the guidelines of the City's Capital Improvement Plan. The upgrades include reconstruction of deteriorating side-walks, streets, curbs and gutters. It also includes new street construction, flood reduction construction, landscaping and improved signs. For the most part, the Roanoke Redevelopment and Housing Authority will acquire all the property. However, when an existing property owner's proposal complies with the provisions and intent of the South Jefferson Redevelopment Area Plan, the Housing Authority will work with those owners under a contract agreement to ensure a sound development in accordance with the plan without acquisition by the Housing Authority. The party responsible for redeveloping property will have to follow certain provisions which include: Developing the property in accordance with the redevelopment plan and within the designated time frame; 44 Retaining ownership until the completion of all improvements and construction; Complying with the land use provisions of the plan; Meeting City ordinance and code requirements. Mr. Baker advised that the Housing Authoritywill be helping those businesses that must be displaced, they are working with owners and will offer help with financial assistance and in finding other business sites and in actually carrying out the move; they will be sensitive to the needs of property owners and so far, two property owners have expressed an interest in developing their property. He stated that the South Jefferson Redevelopment project provides the opportunity for tremendous redevelopment and economic growth; when complete the project can provide 1.5 to 2 million square feet of building space and could attract up to $150 to $300 million in private capital expenditures and up to 2500 new jobs and a significant portion of these new jobs will provide opportunities for skilled technical employees. Mr. Baker explained that the South Jefferson Redevelopment Program will provide needed land for economic development without destroying existing parks and green space, landscaping will enhance the overall beauty of the area, and river side recreation will be within walking distance which should have a positive impact on property values and create an environment for new development; the attractive urban style lay out will create the kind of work environment that attracts high technology companies, it will also protect the adjoining residential neighborhoods by strengthening this important area and connect downtown revitalization efforts to the South Jefferson area, and implementation of the plan will allow the City to compete with other jurisdictions with more land available for economic development. David Hill, representing Hill Studio, advised that the South Jefferson Redevelopment Area Land Use Plan and Design Guidelines are meant to guide new developments by making it fit with local character while raising the quality of environment in the project area. He further advised that the 110 acres of the South Jefferson Redevelopment area holds a remarkable potential to increase the downtown service area by 25 per cent and increase the vibrancy of the area by adding 40 per cent to the square footage of the current downtown. He stated that the addition of this substantial redevelopment can fulfill the design paradigm of Jefferson Street as the main street of Roanoke; some under utilized infrastructure is already in place in existing neighborhoods around the redevelopment area; and proposed buildings in the redevelopment area hold the potential to link the neighborhoods into the proposed development by the placement of greenways, roads, sidewalks, and other key urban design elements. He called attention to two official maps in the redevelopment plan: a land use map and a boundary and acquisition map. He explained that the land use map is proposed as an extension of the C-3, Central Business District types of uses, except that the Housing Authority is trying to become more directed toward biotechnology in this area. He stated that the primary use is for the provision of biomedical research and development as opposed to the traditional downtown office uses, therefore, there are four classifications on the map which move away from current industrial uses toward a more specialized type of downtown use, i.e.: (1) institutional mixed use which is the area for research, biomedical and support of these areas including retail services, day care, etc., or those uses that will support the biomedical campus; (2) support commercial which are uses such as commercial offices, support businesses, the institutional area, hotels, doctor's offices, software manufacturers, prosthetics, rehabilitation centers, etc.; (3) commercial/residential mix which is in particular response to preserve some of the existing architectural integrity for development as flex space; and (4) public use areas which include public walkways, open spaces, plazas and greenways associated with the land use plan. He explained that the boundary and acquisition map shows the exact boundary proposed for acquisition and includes private property, rights-of-way, and railroad property. He advised that all land is to be acquired for private reuse and public reuse, however, railroad property would not be acquired through condemnation but through negotiation. He explained that the vision for this plan is provided in the master plan; and size and shape of the redevelopment area, history of the area and general patterns contributing to the land use set a condition fostering three variations of guidelines for three distinct areas, i.e.: the first is the Jefferson Street corridor where significant Roanoke property exists and will be a continuation of existing patterns to make it a great main street for Roanoke; the second is the campus and institutional area with patterns along Reserve Avenue showing the beginnings of a campus development such as the U.S. Naval Reserve building, the National Guard Armory, and the Parks and Recreation building, all of which are set back from the street, created in a post-wartime, with a large boulevard between the structures, grass, and constructed of Virginia type materials, all of which work well to begin to create a campus-like setting. He advised that the third area was originally developed with transportation and warehousing in mind, including a village developed at the crossing of the two railroads, the Virginian and the Norfolk and Western, and over a dozen transportation oriented structures were developed including a warehouse, a street car barn and a railroad terminal, and the crossing is a third area of the design guidelines which attempt to carry on the tradition of the building patterns of this area such as large windows, jack arch doom, buildings constructed near the street and small court yards developed within, sloped roofs and continuation of some of the brick and stone patterns. Mr. Hill explained that the design guidelines address a number of conditions in the area such as administration of the guidelines, buildings and structures, particularly detailing ideas for use of the floodplain which is probably the single largest challenge as to how to berm the north side of Reserve Avenue so as to prevent flooding surges from entering the habitable space of buildings, placement of buildings, height limitations, building materials, facades, roofs and roof top equipment. He advised that there will be a considerable amount of structured parking in the area and each distinct part of the master plan has its own ratios of structured or surface parking; and garage-type structures are proposed similar to those in the downtown area. He stated that surface parking is also addressed requiring landscaping with borders and islands and in some cases paved diamonds and trees. He stated that design guidelines illustrate where signage may be placed, landscaping for buildings, pedestrian areas, grading and drainage, open space and utilities, and called attention to a set of design guidelines that will require high quality development in the area. He advised that connectivity to uses and neighborhoods has been a key component of the plan, including the need for additional streets and access and egress from U. S. 220 and 1-581 as well as greenways throughout the area. He stated that the redevelopment plan has been coordinated with ongoing planning assistance including the new Comprehensive Plan and the Downtown Roanoke plan update, although the South Jefferson Redevelopment Plan is independent of those two studies. He advised that the redevelopment plan serves as a key stone to visioning for this 110 acres of the City and for the region; in addition to the redevelopment work and design guidelines by the Roanoke Redevelopment and Housing Authority, each development proposal will come through the City zoning process involving both the City Planning Commission and City Council; and there is a significant amount of infrastructural design that must take place. R. Matthew Kennell, President, Downtown Roanoke, Inc., advised that although this area is located just to the south of the existing downtown service district, it is of the utmost importance to the Board of Directors and membership of Downtown Roanoke, Inc. He stated that the project involves a major opportunity to redevelop an underutilized portion of the City and an opportunity to tie downtown Roanoke into the natural environment. He expressed appreciation to the consulting team for working with Urban Design Associates and many citizens as the Downtown Roanoke plan has been updated. He advised that one of the main reasons that Downtown Roanoke, Inc., supports the project is because it will create 2,500 new jobs for not only current residents of the City but it will attract new highly educated residents with technical skills that will help to develop the community. For the above reasons, he stated that the leadership of Downtown Roanoke, Inc., strongly supports the South Jefferson Redevelopment Plan and its ultimate approval. 47 Mr. Brad Allen, 271 Reserve Avenue, S. W., advised that the project has come a long way and the willingness of the City of Roanoke and the Roanoke Redevelopment and Housing Authority to step up to the plate and to address concerns has been remarkable. He asked that the City not forget that the livelihood of business owners is at stake, Roanoke needs to progress, the vision of the plan is exciting and could provide the turn around that the City of Roanoke needs, but at the same time, a realistic look at fair and just compensation for property owners is important. Beth Doughty, President, Roanoke Regional Chamber of Commerce, advised that the Chamber of Commerce has 1,550 members who requested the Chamber to represent their business agenda with government and part of that business agenda is the fair and just compensation for property owners, but the agenda also involves building a strong local economy that promises sustained economic development and growth to benefit the companies that do business in Roanoke and the people who live and work in the region. She stated that a critical ingredient to building a strong local economy is for the City to insure the best mix of property uses for its commercial corridors and the Redevelopment Plan for the South Jefferson Redevelopment area accomplishes that purpose. She advised that this is an example of sound economic development practices at work by eliminating and mitigating the obstacles that might currently limit development within the City and the plan will encourage development where it probably would not otherwise occur. She stated that the proposed redevelopment area reflects a pattern of stagnation and decline, with declining employment, wage distribution and personal income, which contributes to decrease economic returns to the City and its residents creating a growing burden of a commercial area at well below its highest and best use. She advised that leadership of the Roanoke Regional Chamber of Commerce wants the Roanoke region to achieve its potential as a most desirable place to live, work and visit and the City of Roanoke has that opportunity with the South Jefferson Redevelopment project, because it will impact the desirability of the Roanoke region and the City as a location, and it can potentially help one of the most strategically located parts of the City to better meet the economic and social needs of Roanoke today and link the downtown core with a medical center and a desirable residential neighborhood. She stated that the Chamber of Commerce leadership supports the principles of bringing all sections of the City to the highest and best use and the South Jefferson Redevelopment Plan will help to develop this area in a desirable manner appropriate to its location and appropriate to the potential of Roanoke City to build a strong and lasting economy. Bruce Brenner, President, Cycle Systems, Inc., inquired about the status of the floodplain project and timing of the project at it relates to the South Jefferson Redevelopment Plan; whereupon, the Mayor advised that answers to floodplain issues will be addressed. Elizabeth Belcher, Roanoke Valley Greenways Coordinator, representing the Roanoke Valley Greenways Commission, advised that the Commission is excited about the project particularly because there are greenways that connect very closely with the South Jefferson Redevelopment project; i.e.: the Mill Mountain Greenway which extends from downtown to the Mill Mountain Star and the Roanoke River Greenway. She further advised that the Mill Mountain Greenway has been designed, engineered and should go to construction in approximately six months after right-of-way issues are resolved, which will provide a connection from the proposed project to downtown and enable persons to go from downtown to the proposed area either on foot or by bicycle without having to use their automobile. She advised that Roanoke River Greenway connections are vitally important to the South Jefferson Redevelopment project because it fronts on the Roanoke River. She expressed appreciation for the fact that greenways have been so closely incorporated into the project, because greenways represent quality of life issues to many people. She encouraged that the City move forward with the South Jefferson Redevelopment Plan and with the greenway components of the project which will provide connections to Smith Park, Wasena Park, Mill Mountain Park, Explore Park and eventually to Greenhill Park in Roanoke County. At this point, Council Member Harris left the meeting. Mr. Bob Caudle, 4231 Belford Street, S. W., expressed excitement over the potential of the South Jefferson Redevelopment Plan. He requested that finances be considered very carefully and offered his assistance as a community volunteer. Ms. Ann Lemon, 3169 Westridge Road, S. W., also expressed excitement regarding the plan and encouraged that the design guidelines be adhered to as the project unfolds. She stated that the design guidelines are cutting edge ideas that are being implemented in other cutting edge cities across the country, particularly continuation of the commercial buildings on Jefferson Street and the scale of buildings which creates a pedestrian friendly street, more of which is needed in Roanoke. She commended the proposed plan in regard to the railroad crossing area by adhering to existing architecture, and looking at the assets of what is currently in place within this 110 acre area. She expressed appreciation for the South Jefferson Redevelopment Plan which will make the area more user friendly for all citizens to use in various types of ways. The City Manager advised that this concludes the public hearing; City Council, the Roanoke Redevelopment and Housing Authority and the City Planning Commission will go into their separate deliberations of the proposed Redevelopment Plan; and during the month of March each of the respective bodies, as a part of their regular meetings, will discuss the Redevelopment Plan and take the necessary actions culminating in a plan being brought to City Council on March 19, 2001, with a recommendation from the City Planning Commission and the Redevelopment and Housing Authority as it relates to the Plan. She stated that a single public hearing where the three bodies would have the same opportunity to hear interested parties, along with a review of the project, was an important effort and expressed appreciation to Council, the Housing Authority and the City Planning Commission for making special accommodations to conduct the meeting. She advised that questions and comments will be referred to appropriate staff for response. There being no further business, the Mayor declared the meeting of Roanoke City Council adjourned at 8:05 p.m. The meetings of the City of Roanoke Redevelopment and Housing Authority and the City Planning Commission were also adjourned at 8:05 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 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.roanokeva.us STEPHANIE M. MOON Deputy City Clerk March 7, 2001 File #110-394 Frances L. Keen, Vice-Chair Cultural Services Committee 1226 Rugby Boulevard, N. W. Roanoke, Virginia 24017 Dear Mr. Keen: This is to advise you that Michael Brennan has qualified as a member of the Cultural Services Committee for a term ending June 30, 2001. Mary F. Parker, CMC City Clerk MFP:sm pc: Glenna Ratcliffe, Secretary, Cultural Services Committee Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael Brennan, 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 Cultural Services Committee for a term of one year beginning July 1, 2000, and ending June 30, 2001, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this .~ I day of £¢ ~, 200(~. BY ARTHUR B. CRUSH, III, CLE~ , DEPUTY CLERK N:\CK$Sl\Junl9.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) 853-1 t45 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk March 7, 2001 File #15-110-326 Temple L. Kessinger, Jr., Chair Roanoke Valley-Allegheny Regional Commission 1521 South Franklin Avenue Covington, Virginia 24426 Dear Mr. Kessinger: This is to advise you that Darlene L. Burcham has qualified as a member of the Roanoke Valley-Allegheny Regional Commission for a term ending June 30, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc; Wayne G. Strickland, Secretary, Roanoke Valley- Allegheny Regional Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24016 Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Darlene L. Burcham, 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 Valley-Allegheny Regional Commission for a term ending June 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this~. ~ day of .~- 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKSHl~Agendas 2001\Corresp Feb 5 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 7, 2001 File #15-110-178 Brenda A. Powell, Chair Fair Housing Board 3001 Linwood Road, N. W. Roanoke, Virginia 24017 Dear Ms. Powell: This is to advise you that Robert J. Sparrow has qualified as a member of the Fair Housing Board for a term ending June 30, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Dolores C. Daniels, Secretary, Fair Housing Board Stephanie M. Moon, Deputy City Clerk N:\OKSHl'C, gendas 2001\C4>rresp March 5 2001 wp,3 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert J. Sparrow, 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 Fair Housing Board for a term ending March 31, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me thisc~/~day of ,'~~ 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKSH 1 ~Agendas 200 l\Corresp Feb 5 2001 .wpd Office of the City Manage~ March 5, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to discuss the disposition of publicly held property, pursuant to §2.1-344.A.3, Code of Virginia (1950), as amended. DLB/f CC: Sincerely, City Manager City Attorney Director of Finance Assistant City Manager for Community Development 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.u$ ~ffice of the City Manager March 5, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting for a discussion of a prospective business, where no previous announcement of the business's interest in locating its facilities in the City has been made, pursuant to §2.1-344.A.5, Code of Virginia (1950), as amended. DLB/f CC: City Attorney Director of Finance City Clerk Economic Development Specialist Sincerely, City Manager 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 RNKE ECON DEr' PIZIRTNERS Fa)<: 5Z10-344-60% Mar 1 '01 16:21 P. 02/02 March 1,2001 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor and Members of Council: This is to request time on the March 5"', 2:00 p.m. city council's agenda to present a briefing of activities of the Roanoke Valley Economic Developm.ent Partnership. Phillip F. Sparks Executive Dircctor MRR-01-2001 15:44 540 344 609~ P.02 DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY GOlqlqoNWEALII+ OF /iRGiNi CITY OF ROANOKE OFFICE OF' THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 2401 6 AREA CODE 540 TEL. NO. 853-2626 F^X 853-1201 March 5, 2001 Honorable Ralph Smith, Mayor And Members of City Council Roanoke, Virginia Subject: Acceptance of Funding for Computer Purchases for Commonwealth Attorney's Office Dear Mayor Smith and Members of City Council: Background: The Commonwealth's Attorney's 2000-2001 budget as approved by the State Compensation Board included $12,997.00 for the purchase of replacement computers for the Commonwealth's Attorney's Office. The Commonwealth Attorney's 2000-2001 budget as approved by City Council, did not include this funding. In December 2000, the City changed to Lotus Notes and Microsoft Word. After meeting with the Department of Technology, it was determined that in order for the Commonwealth's Attorney's Office to comply with this change, it is necessary for us to replace six existing computers. There is no funding currently in our City budget to cover the replacement costs of the needed hardware. Honorable Ralph Smith, Mayor And Member of City Council Subject: Acceptance of Funding for Computer Purchases for Commonwealth Attorney's Office March 5, 2001 Page Two .Recommended Action: Authorize the Director of Finance to increase the revenue estimate for Shared Expenses- Commonwealth's Attorney (001-110-1234-0610) by the amount of $12,997. Appropriate $12,997 to the Commonwealth's Attorney's Office account 001-150-2210-2035 (equipment <$5,000) to cover this expenditure. Donald S. Caldwell Commonwealth's Attorney DSC:sero cc: City Clerk City Attorney Director of Finance #01-602 I concur in the approval. recommendation of the report and recommend it to you for Respectfully submitted, City Manager Office of the City Manager March 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: SUBJECT: Briefing on Flood Reduction Project Please reserve space on your 2:00 agenda for a 45-minute briefing on the above subject. DLB:ca Respectfully submitted, City Manager CC: City Attorney Director of Finance 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 Introduction We all recognize the headlines from 1985. Businesses along the river were seriously affected, some never recovered. Jobs were lost. Over 400 homes and businesses were flooded, and damages exceeded $100 million. The video shows flooding near Victory Stadium and Roanoke Memorial Hospital. Fortunately, the 85' flood occurred during daylight hours, or we might have lost more than the eight lives we did. The 85' flood was the defining moment in Roanoke's flood history. It was the highest flood ever seen on the Roanoke River, but it wasn't the only one. The picture in the center shows flooding in 1940 which came within about 5 feet of the 85' flood. In fact, there were 2 floods in the 70's which were even higher than the 1940 flood. This chart shows that over the last 125 years, the Roanoke River has come out of its banks about once every seven years. ,/,Because of the long history of flooding on the Roanoke River, the City and Army Corps of Engineers have taken steps toward finding the best solutions to address the repetitive damages. The initial Corps study was completed in the late 60's. In the 70's, three flood control reservoirs upstream from Roanoke, two in Montgomery County and one in Roanoke County, were considered. Local opposition, environmental impacts, and the high estimated costs killed the reservoir option in 1979. Another option might have included the purchase and removal of floodprone buildings, but since these properties are valued at over $1 billion, this option was not economically feasible. The most economical plan identified by the COE was a 16.5 mile channel improvement project through the developed portion of the Roanoke Valley. In the early 80's, Salem, Roanoke County & Vinton withdrew from the project, leaving a 9.2 mile project soley within the City of Roanoke. In 1985 the highest-ever recorded flooding occurred on the Roanoke River, and caused about $114 million damage within the City of Roanoke. 4 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 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 DEQ approval, the project was revaluated adding in environmental costs and was approved to proceed toward construction. In 2000 we received preliminary right-of-way plans from the Corps, and began property acquisition for the project 5 In 1973, City Council appointed a Floodplain Committee to coordinate with other localities and provide citizen input into the flood reduction effort. The Floodplain committee currently consists of 9 members representing a cross section of community interests. This slide shows the 9.2 miles of the Roanoke River within the City of Roanoke. (pointer) The project has been broken into two phases with phase 1 running from 13th to Wasina Park and phase 2 running from VVasina Park to the Salem City limit. There are about 100 non city- owned properties to acquire in phase 1 and 54 in phase 2. The current project includes: · clearing of brush and dead trees · Channel widening has been reduced to 3 miles, on one side of the bank only, which is 2 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 5 acres · one mile of training, or levee walls · two new low water bridges at Smith Park to provide for safer pedestrian crossings, less frequent flooding of roadway, and canoe passage without having to portage. · And a 5-mile greenway trail from Wasina Park to 13th Street. 8 Here is a typical bench cut (pointer) 9 Here we see a typical training wall (pointer) ]0 Phase 1 The next two slides show the project components and their location along the river (pointer) ]! Phase 2 12 This again is the historic flooding on the Roanoke River, notice how often flooding has come out of the banks. It is important to note that the Corps project was primarily justified by the frequent flooding damages, and not by the rare and extreme 100-year flooding that we saw in 1985. Here we see how much this project would have reduced the historic flooding at the Walnut Street bridge area. Although reducing flooding by 3 feet may not seem significant, the video (prompt) helps demonstrate the significance of 3 feet of flowing water. ]4 Project benefits include: · reducing the depth of flooding for over $1 billion in property values · removing many buildings from the floodplain · as a result of being out of the floodplain, many homeowners and business owners, will no longer be required to have relatively expensive flood insurance · lO0's of property owners will be safeguarded from the frequent flooding which has historically occurred along the Roanoke River · and because of the property being acquired and trail being constructed with this project, at completion, our citizens will have one of the longer paved greenway trails in southwest Virginia. Environmental concerns include: The loss of trees and vegetation along the river. To offset this, the project will add several thousand trees and shrubs so that the net loss of wooded areas is about 5 acres. 160 acres of areas regraded by the project will be vegetated with native grasses Rock rip-rap has been significantly reduced from the original project No in-river construction will occur between March and July, to allow for spawning of the endangered species - Roanoke Logperch Since the City signed the project agreement with the Corps in 1990, the estimated cost of this project has increased from $34 million to $42 million, primarily due to inflation. That is reflected in the total estimated cost shown at the top. To date, the City has budgeted $9 million for this project through the utility tax, of which about $3.5 million have been spent. Since we still have the $7.5 million bond, which has not yet been sold, we do not anticipate needing any additional funding for this project. (Discuss components) ]7 Phase 1 will not begin construction until the City has completed the purchase of all needed property. We currently anticipate that will be sometime in 2002 or 2003. Each phase is expected to take about 3 years to construct, so for the Victory Stadium, Biomed areas, which is in Phase 1, that puts the earliest completion around 2006. Assuming property can be acquired on this timetable, the total project should be complete around 2007. This has been a general overview of the Roanoke River project, and I will be available to meet with any group or individual who might have further specific questions. At 12:20 p.m., the meeting was declared in recess to be reconvened in the Emergency Operations Center Conference Room, Room 159. Briefing on proposed changes to the Solid Waste Management Program was received and filed. File #144 At 1:55 p.m., the meeting was declared in recess until 2:00 p.m. ROANOKE CITY CO UNCIL REGULAR SESSION MARCH 5, 2001 2:00P. M. CI T Y C 0 UNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Council Member Harris was absent.) The Invocation was delivered by The Reverend Charles G. Fuller, Retired Pastor, First Baptist Church. The Mayor called for a moment of silent prayer in memory of G. Frank Clement, former member of Roanoke City Council, and Jimmy B. Layman, Clerk, Roanoke City Market, and former Director of the Department of Parks and Recreation. File #42-67-80-132-184-367 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 8, 2001, at 7:00 p.m., and Saturday, March 10, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE 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. 4 PRESENTATIONS: e A Proclamation declaring the month of March 2001 as National Nutrition Month. File #3 A Resolution memorializing the late Reed Cotton, Sr. Adopted Resolution No. 35221-030501. (6-0) File #183-184-367 A Resolution in recognition of the heroic and potentially life-saving action of Mr. Keith Patrick Weltens of Radford, Virginia. Adopted Resolution No. 35222-030501. (6-0) File #80 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 meetings of Roanoke City Council held on Tuesday, February 20, 2001. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 Qualification of the following persons: Michael Brennan as a member of the Cultural Services Committee for a term ending June 30, 2001; File #110-394 Darlene L. Burcham as a member of the Roanoke Valley- Allegheny Regional Commission for a term ending June 30, 2003; and File #15-110-326 Robert J. Sparrow as a member of the Fair Housing Board for a term ending March 31, 2003. File #15-110-178 RECOMMENDED ACTION: Receive and file. ' A communication 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. File #2-132 ' A communication from the City Manager requesting a Closed Meeting 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. File #132-450 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Report with regard to activities of the Roanoke Valley Economic Development Partnership. Phillip Sparks, Executive Director, Spokesperson. Received and filed. File #109-450 e PETITIONS AND COMMUNICATIONS: mo A communication from the 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 in the request. Withdrawn. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: Briefing with regard to the Flood Reduction Project. (45 minutes) Received and filed. File #237 ITEMS RECOMMENDED FOR ACTION: o A communication recommending authorization to remove defacement from private property visible from public right-of- way; and authorize community service as an option to the court for first offenders. Adopted Ordinance No. 35223-030501. (6-0) File #5-24-95-133 b. DIRECTOR OF FINANCE: Financial report for the month of January 2001. Received and filed. File #10-109 7 o REPORTS OF COMMITTEES: ao A report of the Bid Committee recommending acceptance of the bid submitted by 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 $900.00 for reproduction costs and advertising fees for the Gunite of Crystal Springs Reservoir and Falling Creek Reservoir; and transfer of $217,900.00 in connection therewith. W. Alvin Hudson, Jr., Chair. Adopted Budget Ordinance No. 35224-030501 and Ordinance No. 35225-o3o5o1. (6-o) File #60-468 bo A report of the Water Resources Committee recommending authorization to file a petition to vacate and close a portion of public street right-of-way across Official Tax No. 4010213, in connection with the development of the Art Museum/IMAX Theatre Project. Linda F. Wyatt, Chair. Concurred in the recommendation. File #468-514-538 · C. A report of the Water Resources Committee recommending that the City Manager be authorized to acquire the necessary utility easement across the property of James D. Fralin, located in Roanoke County, for the sum of $20,000.00. Linda F. Wyatt, Chair. Adopted Budget Ordinance No. 35226-030501 and Ordinance No. 35227-030501. (6-0) File #60-28-330-468 A report of the Water Resources Committee recommending that the City Manager be authorized to execute a new lease between the City and Commonwealth Buildings, a Virginia Partnership, for a term of one year, with the option to renew for three additional one-year terms, at the rate of $2,516.88 per month. Linda F. Wyatt, Chair. Adopted Resolution No. 35228-030501. (6-0) File #468-373-524 eo A report of the City Planning Commission recommending approval of the request of Dr. J. Hayden Hollingsworth and others to name the Roanoke City Courthouse Atrium in honor of the late Judge Beverly T. Fitzpatrick, Sr. D. Kent Chrisman, Chair. Adopted Resolution No. 35229-030501. (6-0) File #62-200-367-377 7. UNFINISHED BUSINESS: NONE. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: · a. Ordinance No. 35217, on second reading, rezoning a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive and Marr Street, identified as Official Tax No. 2270223, subject to certain amended conditions proffered by the petitioner. Adopted Ordinance No. 35217-030501. (6-0) File #51 bo Ordinance No. 35218, on second reading, rezoning two tracts of land located at 3034 and 3042 Brambleton Avenue, S. W., identified as Official Tax No. 1650903 and 1650946, from RS-3, Residential Single- Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 35218-030501. (6-0) File #51 Ordinance No. 35219, on second reading, rezoning certain property located at 2109 and 2115 Peters Creek Road, N. W., identified as Official Tax Nos. 6370301, 6370302 and 6370304, from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. Bestpitch voted no.) File #51 35219-030501. (5-1, Council Member Ordinance No. 35220, on second reading, authorizing donation and conveyance of a 15-foot easement across City-owned property to Verizon Virginia, Inc., located at 348 Campbell Avenue, S. W., to install underground facilities to provide telephone service to the new police building. Adopted Ordinance No. 35220-03051. (6-0) File #5-28-166-330 9. MOTIONS AND MISCELLANEOUS BUSINESS: 10. a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: 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. l0 CERTIFICATION OF CLOSED SESSION. (4-0, Council Members Harris, Hudson and White were absent.) THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS UNTIL SATURDAY, MARCH 10, 2001, AT 8:30 A.M., AT THE HOTEL ROANOKE CONFERENCE CENTER, 110 SHENANDOAH AVENUE, N.W., AT WHICH TIME COUNCIL WILL PARTICIPATE IN A FINANCIAL PLANNING SESSION. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk March 9, 2001 File #177 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: A briefing with regard to proposed changes in the City's Solid Waste Management Program, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, March 5, 2001. The briefing was received and filed; however, Council Member Wyatt requested the following information: For those areas of the City that receive the new recycling bins, what is the total cost, 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 are to be incurred in regard to vehicular equipment, staff, recycling bins, publicity and an educational program? N:\CKSHl~Agendas 20Ol\Corresp March 5. 2001 wild Darlene L. Burcham March 9, 2001 Page 2 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? Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Robert K. Bengtson, Director, Public Works Frank W. Decker, III, Division Manager, Solid Waste Management N:\CKSHI~Agenda$ 2001~Corresp March 5, 2001 w~ Office of the City Manager February 23, 2001 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Proposed Changes in Roanoke's Solid Waste Management Program Please reserve approximately 45 minutes on City Council's 12:15 p.m. Agenda on March 5, 2001, for a briefing on the above named subject. Respectfully submitted, City Manager DLB/RKB/gpe c: City Clerk City Attorney Director of Finance Director of Public Works 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 THANK YOU AND GOOD AFTERNOON MAYOR AND MEMBERS OF COUNCIL. WITH ME TODAY ARE MR. SKIP DECKER, MANAGER OF OUR SOLID WASTE DIVISION AND MS. SUSAN GROGAN, OUR NEW SOLID WASTE COLLECTION INSPECTOR. IN AUGUST OF LAST YEAR WE ADVISED COUNCIL OF 3 PROPOSED CHANGES IN THE COLLECTION OF SOLID WASTE THROUGHOUT ROANOKE. AS YOU KNOW, THE FIRST INITIATIVE THAT WE IMPLEMENTED WAS THE NEW BULK AND BRUSH PROGRAM WHICH BEGAN THIS PAST OCTOBER. WE BELIEVE THIS HAS RESULTED IN A MUCH IMPROVED APPEARANCE ALONG THE STREETS THROUGHOUT ROANOKE. IN THE 5 MONTHS THAT THIS PROGRAM HAS BEEN IN EFFECT, WE HAVE COLLECTED 60% MORE BULK AND BRUSH THAN WAS COLLECTED DURING THE SAME 5 MONTH PERIOD A YEAR AGO AND THE CITIZENS RESPONSE TO THIS PROGRAM IS NOT SLOWING DOWN. IN OUR SECOND INITIATIVE, WE EXTENDED RECYCLING SERVICE TO ALL ROANOKE RESIDENTS BY IMPLEMENTING A PILOT PROGRAM WHICH ALLOWS RECYCLABLES TO BE MIXED TOGETHER, ALSO KNOWN AS COMMINGLING. DURING THE FIRST 3 MONTHS OF THE PILOT PROGRAM, CITIZEN RESPONSE HAS BEEN OVERWHELMINGLY POSITIVE. COMPARING THE 10,000 HOUSEHOLDS IN THE PILOT PROGRAM AREA WITH THE 25,000 HOUSEHOLDS THAT HAD ALREADY BEEN RECYCLING, THE POUNDS OF BOTTLES AND CANS BEING RECYCLED PER HOUSEHOLD ARE 26% HIGHER IN THE PILOT PROGRAM AREA. LIKEWISE, THE POUNDS OF PAPER BEING RECYCLED PER HOUSEHOLD ARE 57% GREATER IN THE PILOT PROGRAM AREA. THIS CAN BE ATTRIBUTED TO NOT ONLY THE BROADER RANGE OF PRODUCTS THAT CAN NOW BE RECYCLED IN THE PILOT PROGRAM, BUT ALSO TO THE ABILITY TO COMMINGLE RECYCLABLE PRODUCTS AND TO HAVE THESE RECYCLABLES COLLECTED ON A WEEKLY BASIS. AS YOU WILL HEAR LATER IN MY REMARKS, IT WILL BE OUR GOAL TO EXTEND THE COMMINGLED RECYCLING PROGRAM TO ALL ROANOKE RESIDENTS. THE THIRD INITIATIVE THAT WE SHARED WITH YOU LAST AUGUST WAS THE DESIRE TO MOVE SOLID WASTE COLLECTION OUT OF A SUBSTANTIAL NUMBER OF ALLEYS AND ON TO THE CURBSIDE IN FRONT OF RESIDENTS' HOMES. SO AS NOT TO CONFUSE THE ISSUE, WHAT I AM ABOUT TO SHARE WITH YOU IS NOT ABOUT ANY EFFORT TO ACTUALLY CLOSE ALLEYS TO PUBLIC USE. THAT IS A SEPARATE ISSUE THAT WOULD REQUIRE MORE TIME AND RESEARCH TO EVALUATE. TODAY, MY REMARKS WILL BE FOCUSED ON ENHANCING THE DELIVERY AND EFFICIENCY OF SOLID WASTE SERVICES. CURRENTLY, SOLID WASTE IS COLLECTED AT THE CURB IN FRONT OF 56% OF ROANOKE'S RESIDENCES. THE REMAINING 44% OF COLLECTION IS FROM PUBLIC ALLEYS. THIS MAP SHOWS ALL OF THE ALLEYS FROM WHICH TRASH IS NOW COLLECTED. IT WAS OUR ORIGINAL GOAL TO REDUCE THE ALLEY TRASH COLLECTION TO THE EXTENT THAT IT WOULD STILL LEAVE 15% OF OUR ALLEY CUSTOMERS WITH ALLEY SERVICE. BASED ON OUR THOROUGH FIELD REVIEW OF ALL OF THESE ALLEYS, WE HAVE HAD TO ADJUST THAT 15% GOAL UPWARD TO 30%. THEREFORE WE WILL NEED TO REMAIN IN TWICE AS MANY ALLEYS THAN WE HAD ORIGINALLY PLANNED ( THAT IS, 30% INSTEAD OF 15%). RETURNING TO THIS MAP, THE ALLEYS IN WHICH WE PROPOSE TO CONTINUE COLLECTION ARE SHOWN IN DARK BLUE, AGAIN REPRESENTING 30% OF ALL ALLEYS IN WHICH WE NOW COLLECT TRASH. THE ALLEYS SHOWN IN RED ARE THOSE WHICH WOULD NO LONGER HAVE TRASH COLLECTION. RATHER, THEIR TRASH WOULD BE COLLECTED AT THE CURB IN FRONT OF RESIDENT'S HOMES. EVERY ALLEY WAS CHECKED IN THE FIELD BY OUR SOLID WASTE MANAGEMENT STAFF. THESE EVALUATIONS TOOK INTO CONSIDERATION THE CONDITION OF THE ALLEYS AND THE ADJOINING STREETS. AS YOU KNOW, MANY OF THE ALLEYS BUILT IN THE EARLY PART OF THE 1900'S ARE A POOR FIT FOR THE SOLID WASTE TRUCKS OF TODAY. ALLEYS WITH STEEP GRADES, UTILITY POLES, TREES OR ADJACENT GARAGE STRUCTURES CAUSE DIFFICULTY IN MANEUVERING FOR OUR DRIVERS AND HAVE RESULTED IN PROPERTY DAMAGE BOTH TO OUR TRUCKS AS WELL AS TO PRIVATE PROPERTY. SLIDES: 1-4 - ALLEY OFF OF CHESTERFIELD 5-8 - WINDSOR AND SHERWOOD (ON EITHER SIDE OF THE ALLEY) 9-10 - ALLEY NORTH OF MAIDEN 11 - MAIDEN THERE ARE A NUMBER OF ALLEYS WHICH WE WOULD LIKE TO HAVE COME OUT OF, BUT COULD NOT, DUE TO CONDITIONS ALONG THE STREET ON THE FRONT SIDE OF RESIDENCES. 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. IN OTHER CIRCUMSTANCES, THE TOPOGRAPHY OF YARDS OR THE PRESENCE OF STEPS AND RETAINING WALLS ALSO PRECLUDE RESIDENTS FROM PHYSICALLY ROLLING THEIR TRASH CONTAINERS TO THE STREET. SLIDES: 12-14 - HOWBERT AND KERNS BY VIRTUE OF THIS PROGRAM CHANGE, WE WOULD BE ABLE TO REALLOCATE OUR MANPOWER AND FLEET RESOURCES TO THE EXPANSION OF THE PILOT RECYCLING PROGRAM TO ALL RESIDENTS. THIS WOULD ENTAIL PROVIDING ONE ADDITIONAL RECYCLING BIN TO ALL RESIDENTS THAT CURRENTLY PARTICIPATE IN OUR ORIGINAL RECYCLING PROGRAM (THEY WOULD ALSO CONTINUE TO USE THE OLDER CONTAINER THEY NOW HAVE). ANY RESIDENT THAT DOES NOT PARTICIPATE NOW WILL BE ENCOURAGED TO CONTACT US SO THAT THEY CAN BE FURNISHED WITH 2 RECYCLING CONTAINERS. IT IS OUR EXPECTATION THAT A NUMBER OF RESIDENTS WILL WANT TO DO SO BECAUSE THE COMMINGLED PROGRAM IS A MUCH EASIER WAY OF RECYCLING. THIS WOULD ALSO ENABLE US TO ELIMINATE THE 5 RECYCLING TRUCKS CURRENTLY IN OUR FLEET, IN FAVOR OF EXISTING PACKER TRUCKS THAT ARE USED IN TODAY'S ALLEY COLLECTION PROGRAM. FURTHER, THIS REALLOCATION OF RESOURCES WILL ENABLE US TO PROVIDE EACH RESIDENT WITH ALL COLLECTION SERVICES ON THE SAME DAY OF THE WEEK, INCLUDING WHAT WE REFER TO AS OUR WHITE CK)ODS TRUCK WHICH WILL COLLECT LARGE METAL ITEMS SUCH AS REFRIGERATORS. IMPLEMENTATION OF THE MOVE FROM THE ALLEYS TO THE CURB CAN BE TARGETED TO BEGIN JULY 1 OF THIS YEAR. BY THAT TIME WE WILL HAVE RECEIVED DELIVERY OF 2 NEW BANDIT TRUCKS, THE LEASE-PURCHASE OF WHICH COUNCIL APPROVED LAST YEAR. OVER THE NEXT SEVERAL WEEKS, WE WOULD ALSO FINALIZE NEW COLLECTION ROUTES, SHARE THE PLAN WITH THE NEIGHBORHOOD PARTNERSHIP'S PRESIDENTS COUNCIL AS WELL AS NEIGHBORHOOD ORGANIZATIONS IN AFFECTED AREAS, AND DIRECTLY NOTIFY EACH OF THE AFFECTED HOUSEHOLDS. IT IS ANTICIPATED THAT MORE RESIDENTS WILL BE ADDED TO OUR PHYSICALLY CHALLENGED LIST DUE TO THEIR DIFFICULTY IN ROLLING THE TRASH CONTAINERS TO THE CURB. THIS IS SOMETHING WE WILL MONITOR CLOSELY TO DETERMINE THE NEED FOR ADDITIONAL RESOURCES FOR THIS PROGRAM. WE CURRENTLY HAVE OVER 900 CUSTOMERS IN OUR PHYSICALLY CHALLENGED PROGRAM. IMPLEMENTATION OF THE COMMINGLED RECYCLING PROGRAM FOR ALL RESIDENTS COULD LIKEWISE BEGIN ON JULY 1. AGAIN, WE WILL NEED TO ESTABLISH NEW COLLECTION ROUTES, PUBLICIZE THE PROGRAM AND SHARE INFORMATION WITH NEIGHBORHOODS, DELIVER THE ADDITIONAL BINS AND AGAIN DIRECTLY NOTIFY HOUSEHOLDS THAT CURRENTLY PARTICIPATE IN THE RECYCLING PROGRAM OF THE CHANGE. PLANS FOR AN EDUCATION PROGRAM TO ENGAGE OUR CITIZENS IN RECYCLING, OR PERHAPS NEIGHBORHOOD CONTESTS TO SEE WHICH AREAS CAN RECYCLE THE MOST, ARE ALSO BEING DEVELOPED. IT IS OUR EXPECTATION THAT BY EARLY MAY, WE WILL SHARE 'WITH CITY COUNCIL, THE FEEDBACK THAT WE RECEIVE FROM THE NEIGHBORHOOD ORGANIZATIONS WITH WHOM WE MEET REGARDING THE CURBSIDE AND RECYCLING PROGRAM CHANGES. BEFORE I CLOSE, I ALSO WANT TO MENTION THAT SUSAN GROGAN, IN HER NEW CAPACITY AS OUR SOLID WASTE COLLECTION INSPECTOR, IS AVERAGING 10 VISITS PER DAY TO RESIDENCES AND OTHER SITES. SHE IS MAKING ONE-ON- ONE CONTACTS WITH MANY OF THESE CITIZENS AND HELPING TO EDUCATE THOSE THAT ARE NOT IN COMPLIANCE WITH OUR SOLID WASTE ORDINANCES. MS. GROGAN TELLS ME THAT SHE IS GETTING VERY GOOD COOPERATION FROM THOSE WITH WHOM SHE MEETS. IN SUMMARY, WE ARE EXCITED ABOUT THESE OPPORTUNITIES TO ENHANCE THE SERVICE DELIVERY AND EFFICIENCY OF OUR SOLID WASTE COLLECTION PROGRAMS, THEREBY COMPLETING THE RE-ENGINEERING OF SOLID WASTE MANAGEMENT THAT WE FIRST BROUGHT TO YOU JUST THIS PAST AUGUST. WILLIAM M. HACKWORTH CITY A-CFORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci.roanok¢.va.us March 5, 2001 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'VFORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to consult with legal counsel on a matter of pending litigation, pursuant to §2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, WMH:f cc: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth City Attorney RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 March 5, 2001 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 H:~Agenda.01\Closed Session on Vacancies.wpd CITY OF ROANOKE WHEREAS, WHEREAS, WItEREA$, food is the substance by which life is sustained; and the quality of food consumed by individuals each day plays a vital role in their health throughout the life cycle; and there is a need for continuing nutrition education and a massive effort to enhance good nutrition practices; and WHEREAS, the Southwest Virginia Dietetic Association includes registered dieticians who provide sound and healthy counseling and is committed to providing education and assistance to individuals on correct and adequate nutritional values. NOW, THEREFORE, I, Ralph K. Smith, Mayor of the City of Roanoke, Virginia, encourage all citizens to become concerned about their nutrition and the nutrition of others in the hope of achieving optimum health for both today and in the future, and do hereby proclaim the month of March,. 2001, throughout this great All-America City, as NATIONAL NUTRITION MONTH. Given under our hands and the Seal of the City of Roanoke this fifth day of March in the year two thousand and one. ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 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 13, 2001 File #80-183-184 Mrs. Reed P. Cotton, Sr. 4307 Old Spanish Trail, N. W., Apartment 3 Roanoke, Virginia 24017 Dear Mrs. Cotton: I am enclosing copy of Resolution No. 35221-030501 memorializing your husband, 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 wiith honor and distinction. On behalf of the Members of Council and citizens of the City of' Roanoke, I send deepest regrets and sorrow to you and the members of your family. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:~'CKSHl~Agendas 2001\CorresD March 5 2001 w~3d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of ~arch, 2001. No. 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. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Cotton on Februm2~ 17, 2001; and WHEREAS, Mr. Cotton was much loved by co-workers and customers alike. His primary assignment was to service Roanoke's physically challenged residents, and he was known always to go the extra mile in support of those he served. He typically would be the first sanitation worker to arrive on the job in the morning and the last to leave in the evening; and WHEREAS, Mr. Cotton worked for Solid Waste Management from April 3, 1978, to February 17, 2001, and died during the course of duty, serving citizens as he had been doing for more than 22 years. 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 Reed Preston Cotton, Sr., and extends to his wife and family its sincerest condolences. The City Clerk is directed to forward an attested copy of this resolution to Mr. Cotton's wife, Mrs. Maxine Cotton. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk March 7, 2001 File #5-24-95-133 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35223-030501 amending Section 21-25, Damaqin.q or defacing property generally, 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. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 5, 2001. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:sm Attachment N:\CKSHl'~Agendas 2001\Corresp March 5. 2001 wp~ Darlene L. Burcham March 7, 2001 Page 2 pc: The Honorable Virginia The Honorable Virginia The Honorable Virginia The Honorable The Honorable 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 Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia 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 The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable 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 Ronald S. AIbright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Elizabeth K. Dillon, Assistant City Attorney George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police N:\CKSHI~,Agendas 2001\Corresp March 5. ~001 wpd IN THE COUNCIl. OF THE CITY OF ROANOKE, VIRGINIA The 5th day of March, 2001. No. 35223-030501. AN ORDINANCE amending Section 21-25. Damaging or defacing property genera]Iv, 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. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 21-25. Damaging or defacing property genera]Iv, of Chapter 21 Offenses-Miscellaneous, to read and provide as follows: §21-25. (a) (c) Willful damage to or defacement of public or private facilities. Graffiti defined. Graffiti means the unauthorized application of any writing, painting, drawing, etching, scratching or marking of an inscription, work, figure or design of any type on any public buildings, facilities and persona] property or any private buildings, facilities and personal property. Violation and penalty. It shall be unlawful and a Class 1 misdemeanor for any person to willfully and maliciously damage or deface, by application of graffiti or otherwise, any public buildings, facilities and personal property or any private buildings, facilities and persona] property if the damage to the private property is less than $1,000. Community Service. (1) Upon a finding of guilt in any case tried before the court without a jury, if the violation of this section constitutes a first offense which results in property damage or loss, the court, without entering a judgment (d) (2) of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. Any community service ordered or directed for a violation of subsection (b) shall, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the city and may include clean-up, beautification, landscaping or other appropriate community service within the city. A designee of the city manager shall supervise the performance of any community service work required and shall report thereon to the court imposing such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the supervisor of community service in the city concerning the plan. (3) Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community services, or both, as is more particularly set forth in Section 19.2-305.1, Code of Virginia (1950), as amended. Authority of city to remove or repair. (1) The city manager is authorized to undertake or contract for the removal or repair of the defacement, including but not limited to defacement by application of graffiti, of any public building, wall, fence or other (2) (3) structure or any private building, wall, fence or other structure where such defacement is visible from any public right-of-way. Prior to such removal, the city manager shall request that the property owner remove or repair the defacement. If the property owner fails to remove or repair the defacement within fifteen (15) days of the date of the request, then the city manager shall seek the written permission of the property owner for the city or its representatives to remove or repair the defacement. Should the property owner fail to provide such permission within ten (10) days after request for permission, the city may have such defacement removed or repaired by the city's agents or employees. All such removal or repair, unless undertaken by the property owner, shall be at the expense of the city; provided however, that the removal or repair work may be undertaken by volunteers or individuals required to perform community service by order of any court, under appropriate city supervision. 2. In order to provide for the usual 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. March 5, 2001 Office of the City Manager Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Abatement of Graffiti Background: Defacement and damage to public and private property through graffiti can have an extremely negative impact on a community. Such damage seems to breed on itself, encouraging additional acts against property. Graffiti detracts from the community's image, compromising the sense of security and discouraging both new and continued investment necessary to maintain the neighborhood's vitality. Graffiti has also been linked to gang activity and hate crimes, with all the related connotations for the community. Many communities across the country have adopted a zero-tolerance attitude toward graffiti to discourage its proliferation, but its abatement is expensive to the local government. Deterrence is critical, including a high probability of punishment and quick abatement to negate the notoriety for the vandals. Section 21-25 of the City Code prohibits the defacement of public or private property and makes such an action a Class I misdemeanor. However, the Code of Virginia allows the City to make additional proviSions, as follows: a: b: 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 however. 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. Use of the authority granted under either of these sections requires adoption of an ordinance. 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 5, 2001 Page 2 Considerations: 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 it 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. Additional provisions are needed to provide the City and the courts with additional tools to address a range of situations. Recommended Action: Pursuant to the sections of the Code of Virginia mentioned above, 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 2. Authorize community service as an option to the court for first offenders. Respectfully submitted, City Manager DLB:hdp C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George C. Snead, Assistant City Manager for Community Development #01-410 Department of Finance City of Roanoke, Virgima March 5, 2001 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: January Financial Report This financial report covers the first seven months of the 2000-2001 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 3.62% or $2,663,000 compared to FY00. Variances in specific categories of revenues are as follows: General Property Taxes are up 4.19% or $1,026,000. The first installment of real estate tax was due on October 5. Real estate tax revenue through the end of January has increased over the same period in the prior fiscal year as a result of earlier receipt of payments and increased collection of delinquent taxes. Real estate tax revenues are projected to increase approximately 4% from the prior year. Personal property tax revenue is below the prior year, but the majority of this revenue is received near the personal property due date of May 31. Public Service tax was up due to a timing difference for collections in the current year compared to the prior year. Other Local Taxes have increased 5.65% or 1,280,000. Prepared food and beverage tax revenue is ahead of the prior year due to several new restaurant openings. Water utility consumer tax, cable television tax and Right-of-Way use fees are up as a result of rate increases. These gains are partially offset by a decline in the City's third largest local revenue source, sales tax. Sales tax collections are trailing the revenue estimate by 3.8%. Fines and Forfeitures are below prior year collections by 6.33% or $33,000. The decline is due to decreased collections of General District Court fines. This decrease is partially offset by an increase in parking ticket revenue. Revenue from Use of Money and Property declined 8.23% or $57,000. The State is billed for use of the Commonwealth Building monthly based on estimated operating and maintenance costs. In August of FY00, the State was billed for the amount that actual costs exceeded estimated costs, producing significantly higher revenue in FY00. No additional amounts were billed in FY01. This decrease is partially offset by an increase in interest income resulting from higher average daily cash balances in the General Fund. Grants-in-Aid Federal Government increased 100.58% which is only $9,000 due to a timing difference in the receipt of FEMA revenue. Charges for Services rose $285,000 or 14.56% due to an increase in weed cutting and demolitions billings. These revenues were down in FY2000, compared to historical performance. Miscellaneous Revenue is up $38,000 or 32.89% resulting from having two surplus property sales in fiscal year 2001 as opposed to one sale at this same point in time in the prior year. An increase in the volume of worn out vehicles necessitated the additional sale in the current fiscal year. CiTY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY JANUARY 31, 2001 Transfer Number Date General Fund: C MT-382 07/11/00 C M T-885 07/12/00 CMT-908 09/19/00 C M T-432 10/02/00 CMT-935 11/09/00 CMT-937 11/14/00 CMT-435 12/11/00 CMT-436 12/11/00 CMT-955 12/21/00 CMT-967 01/16/01 CMT-439 01/17/01 CMT-441 01/24/01 Capital Pro_iects Fund: CMT-911 10/02/00 CMT-962 12/22/00 From To Portrait of Dr. Noel C. Taylor After Prom parties Virginia Amateur Sports Legal expenses related to cable television franchise agreement Operating support for Roanoke Neighborhood Development Corp. Human Services Coordinator originally budgeted in Social Services Vision 2001 Comprehensive Plan College Day transportation Fair Housing Study Contibution to The Committee to Advance the TransDominion Express Christmas Luncheon Assistant City Manager search Drainage problems at 4038 Vermont To cover additional project expenses Contingency* City Manager Contingency* Memberships and Affiliations Contingency* Social Services Administration Pay Raise/Supplemental Pay Raise/Supplemental Memberships and Affiliations Contingency* Contingency* Pay Raise/Supplemental ClP Reserve - Storm Drains ClP Reserve - Parks CIP Reserve - Buildings Purchasing Memberships and Affiliations Memberships and Affiliations City Attorney Memberships and Affiliations Director of Human Services Planning and Code Enforcement Economic Development City Manager Memberships and Affiliations Human Resources Human Resources Total General Fund Miscellaneous Storm Drainage $ Mill Mountain Park Improvements Mill Mountain Park Improvements Total Capital Projects Fund $ Amount $ 4,500 3,000 20,000 10,000 37,700 3,500 13,700 2,000 2,365 15,000 138,565 10,321 755 245 11,321 Available Confine_ encv Balance of Contingency at July 1, 2000 *Contingency appropriations from above Contingency appropriations through budget ordinances: BO 34579 08107100 Project Impact BO 35156 12/04/00 Govemmentel Electric Service Available Contingency at January 31, 2001 Contingency Contingency Emergency Management Services Purchasing Department $ 420,244 (53,865) (18,590) (35,442) $ 314,347 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July I - Jan 31 July I - Jan 31 Percentage 1999-2000 2000-2001 of Change $24,492,285 $25,518,185 4.19 % 22,657,021 23,936,845 5.65 % 474,734 470,510 (0.89) % 515,382 482,742 (6.33) % 692,494 635,493 (8.23) % 21,241,018 21,406,339 0.78 % 8,565 17,180 100.58 % 1,958,998 2,244,141 14.56 % 115,322 153,256 32.89 % 1,333,883 1,287,983 (3.44) % $73,489,702 $76,152,674 3.62 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $57,545,438 44.34% 55,834,655 42.87% 729,250 64.52% 864,500 55.84% 1,124,863 56.50% 61,662,779 34.72% 34,260 50.15% 3,634,660 61.74% 346,500 44.23% 2,350,111 54.81% $184,127,016 41.36% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Ex_~enditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period July I - Jan 31 July I - Jan 31 Percentage Unencumbered 1999-2000 2000-2001 of Change Balance $6,317,919 2,675,649 24,693,943 14,039,414 13,131,236 2,797,599 1,998,193 7,369,394 25,225,754 5,926,099 $104,175,200 $6,885,264 3,233,219 26,521,568 15,341,039 13,201,170 2,942,691 2,499,993 8,898,349 26,645,935 6,970,143 $113,339,371 Current Fiscal Year Percent of Revised Budget Appropriations Obligated 8.98 % $5,393,154 $12,278,418 55.08% 20.84 % 3,105,999 6,339,218 51.00% 7.40 % 18,642,641 45,164,109 58.72% 9.27 % 8,863,813 24,204,852 63.38% 0.53 % 13,953,961 27,155,131 48.61% 5.19 % 1,878,307 4,820,998 61.04% 25.11% 1,605,011 4,106,004 60.89% 20.75 % 3,211,450 12,109,799 73.48% 6.42 % 18,456,430 45,302,365 59.26% 17.62 % 1,684,460 8,654,603 80.64% 8.80 % $76,796~126 $190,135,497 59.61% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period July I - Jan 31 July I - Jan 31 Percentage Revenue Source 1999-2000 2000-2001 of Change State Sales Tax $4,411,782 $4,329,498 1.87 % Grants-in-Aid Commonwealth 21,074,550 22,502,773 6.78 % Grants-in-Aid Federal Government 1,079,167 1,102,055 2.12 % Charges for Services 1,529,777 1,135,757 (25.76) % Transfer from General Fund 25,225,754 26,995,690 7.02 % Special Purpose Grants 4,796,777 6,240,837 30.10 % Total $58,117,807 $62,306,610 7.21% Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $9,040,476 47.89% 42,057,082 53.51% 2,891,748 38.11% 3,526,973 32.20% 45,302,365 59.59% 7,944,366 NA $110,763,010 56.25% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period July I - Jan 31 1999-2000 $38,985,752 1,981,596 2,055,043 5,363,043 2,261,680 2,099,137 4,693,342 7,732,323 $65,171,916 July I - Jan 31 2000-2001 $40,372,931 2,221,911 1,975,667 5,621,373 2,375,634 1,964,122 5,697,703 7,944,366 $68,173,707 Percentage of Change 3.56 12.13 (3.86) 4.82 5.04 (6.43) 21.40 2.74 4.61 Current Fiscal Year Unencumbered Balance $33,593,410 1,920,707 1,675,412 4,738,443 2,149,637 214,395 56,490 $44,348,494 Revised Appropriations $73,966,341 4,142,618 3,651,079 10,359,816 4,525,271 2,178,517 5,754,193 7,944,366 $112,522,201 Percent of Budget Obligated 54.58% 53.64% 54.11% 54.26% 52.50% 90.16% 99.02% NA 60.59% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JANUARY 31, 2001 General Government Education Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Sanitation Projects Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $16,177,460 $8,526,073 $7,651,387 $4,688,795 $2,962,592 2,500,000 2,500,000 14,266,118 8,273,453 5,982,665 42,325 5,940,340 20,589,865 13,003,630 7,586,235 1,521,933 6,064,302 5,473,091 1,456,438 4,016,653 609,919 3,406,734 10,659,668 7,674,959 2,984,699 2,343,849 640,850 7,916,331 3,703,521 4,212,810 275,006 3,937,804 26,225,931 22,813,434 3,412,497 1,902,653 1,509,844 2,201,725 1,315,418 886,307 277,669 608,638 4,241,660 3,333,100 908,560 250,577 657,983 3,971,606 3,971,606 3,971,606 $114,213,455 $72,600,036 $41,613,419 $11,912,726 $29,700,693 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JANUARY 31, 2001 Elementary Schools Renovation Middle Schools Renovation Other Renovation Projects Technology Improvements Interest Expense Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $12,876,420 $8,442,770 $4,433,650 13,759,294 13,679,465 79,829 5,450,263 4,251,878 1,198,385 781,786 781,786 262,929 298,305 (35,376) 1,301,271 - 1,301,271 $4,072,248 74,925 766,487 $34,431,963 $27,454,204 $6,977,759 $4,913,660 $361,402 4,904 431,898 (35,376) 1,301,271 $2,064,099 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 7 MONTHS ENDING JANUARY 31, 2001 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA- Regional Mitigation Project Commonwealth: Virginia Transportation Museum - ISTEA VDES - 1998 Regional Mitigation Total Intergovernmental Revenue Revenue from Third Parties: Verizon - Brambleton Avenue Signals Mill Mountain Visitors Center - Pdvate Donations Victory Stadium - Pdvate Donations First Union Penalty Payment Nor[olk Southern - Hunter Viaduct InSystems Incorporated - Land Sale Bill and Melinda Gates Foundation Westview Terrace - Land Sale Total Revenue from Third ParlJes Other Revenue: Transfers from General Fund Transfers from Water Fund Transfers from Sewage Fund Transfers from Management Services Fund General Obligation Bond Proceeds - Sedes 1999 Total Other Revenue Total $1,028,742 679,745 1,708,487 231,892 3,733 235,625 36,055 10,000 7 137,445 125,110 308,617 3,295,758 2,900 12,600 100,000 3,411,258 $5,663,987 FY 2000 $870,176 538,312 1,408,488 196,046 196,046 10,800 950,000 11,000 971,800 2,468,322 27,038,000 29,506,322 $32,082,656 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 2001 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Source Water Assessment Grant Interest and Fiscal Charges Transfer from General Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income (Loss) FY 2001 $2,238,059 2,069,023 148,477 11,164 18,025 129,688 8,979 231,528 2,010,090 6,865,033 2,428,676 2,488,290 984,727 5,901,693 963,340 265,627 37,611 5,328 (657,158) (2,900) (351,492) $611,848 FY 2000 $1,882,022 1,788,331 137,542 13,050 9,182 821,092 114,856 6,443 343,640 1,561,143 6,677,301 2,366,611 3,209,677 989,326 6,565,614 111,687 218,975 39,371 14,389 40,000 (711,072) 25,000 (373,337) ($261,650) CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 2001 Operating Revenues FY 2001 FY 2000 Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services $4,349,081 $4,387,587 520,599 513,285 143,931 81,536 534,737 441,985 86,345 80,132 160,822 150,503 35,917 65,871 Total Operating Revenues 5,831,432 5,720,899 Operating Expenses Personal Services Operating Expenses Depreciation 1,127,936 1,068,902 3,345,513 2,969,608 691,152 677,478 Total Operating Expenses 5,164,601 4,715,988 666,831 1,004,911 Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges (1) Miscellaneous Revenue Loss on Disposal of Fixed Assets Transfer to Capital Projects Fund 244,947 256,162 (451,814) 10,296 (3,121) (12,600) (219,467) Net Nonoperating Revenues (Expenses) 263,337 $1,268,248 Net Income $447,364 (1) Through Fiscal Year 2000, interest on the 1994 Bonds issued for the Sewage Treatment expansion was capitalized as part of the cost of the project. Because the project is now substantially complete, interest is being expensed. CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 2001 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Facility Fees Parking Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer From General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Income (Loss) FY 2001 $230 391 82 716 56 000 76 301 20 023 21 991 47 037 37 079 412,475 11,650 995,663 810,965 1,054,420 259,099 2,124,484 (1,128,821) 878,703 39,370 4,331 922,404 ($206,417_) FY 2000 $201,571 78,845 100,759 10,446 18,422 106,863 289,222 5,392 12,434 823,954 674,538 815,452 236,897 1,726,887 (902,933) 870,903 32,197 1,188 904,288 $1,355 8 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 2001 Operating Revenues Centur~ Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer From General Fund Interest on Investments Interest and Fiscal Charges Operating Subsidy for GRTC Transfer To GRTC - Capital Transfer To GRTC - Shuttle Service Miscellaneous Net Nonopemting Revenues (Expenses) Net Income FY 2001 $203,128 250,438 122,990 265,539 237,542 40,372 1,120,009 495,950 317,601 813,551 306,458 761,358 14,840 (304,353) (637,637) (49,000) (65,000) 9,590 (270,202) $36,256_ FY 2000 $193,942 215,980 113,244 240,060 197,792 40,725 1,001,743 354,925 320,001 674,926 326,817 766,358 4,298 (316,724) (415,044) 1,207 40,095 $366,912 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 2001 FY 2001 FY 2000 CONFERENCE COMMISSION (1) CENTER (2) TOTAL Operating Revenues Conference Center Total Operating Revenues $ - $ 1,892,715 $ 1,892,715$ 1,530,755 - 1,892,715 1,892,715 1,530,755 Operating Expenses (3) Personal Services Fees for Professional Services Administrative Expenses Conference Center Total Operating Expenses 54,528 54,528 25,011 15,919 - 15,919 20,812 1,019 - 1,019 4,049 1,521,516 1,521,516 1,330,816 71,466 1,521,516 1,592,982 1,380,688 (71,466) 371,199 299,733 150,067 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Litigation Settlement Proceeds Interest on Investments Rent, Taxes, Insurance, and Other (4) 131,250 131,250 131,250 131,250 131,250 131,250 1,000,000 1,000,000 112,486 112,486 31,697 (39,722) (39,722) (15,214) 1,374,986 (39,722) 1,335,264 278,983 1,303,520 331,477 1,634,997 429,050 265,480 94,625 360,105 363,625 1,038,040 $ 236,852 $ 1,274,892 $ 65,425 Net Nonoperating Revenues (Expenses) Net Income Before Depreciation Depreciation Expense/Replacement Reserve Net Income $ Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree ManagemenL (3) Expenses of $93,654 were also incurred for a broken water pipe in the Conference Center. This is not included in expenses since it will be reimbursed from insurance proceeds. (4) $7,000,000 has been appropriated for repair costs to the Hotel Roanoke Conference Center Construction account. An addditonal $1,000,000 has been received to repay the Hotel Roanoke Conference Center Commission's retained earnings. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 7 MONTHS ENDING JANUARY 31, 2001 operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Interest Revenue Transfer To Other Funds Transfer From Other Funds Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS Department of Materials Management Fleet Risk Technology Control Services Management Management FY 2001 FY 2000 $2,099,986 $126,980 $59,580 $2,520,734 $4,765,664 $9,572,964 $8,424,737 2,099,986 126,980 59,580 2,520,734 4,765,684 9,572,964 8,424,737 1,177,981 62,142 17,293 751,623 155,115 2,164,154 1,853,548 742,135 10,954 28,363 595,295 4,882,931 6,259,678 5,513,843 175,629 11,135 1,138,283 1,325,047 1,348,903 2,095,745 73,096 56,791 2,485,201 5,038,046 9,748,879 8,716,294 4,241 53,884 2,789 35,533 (272,362) (175,916) (291,557) 147,339 775 7,213 32,808 408,962 597,097 494,704 (4,000) (100,000) - (104,000) 1,091,205 - 250,000 1,341,205 968,059 1,234,544 775 (92,787) 32,808 658,962 1,834,302 1,462,763 $1,238,785 $54,669 ($89,998) $68,341 $386,600 $1,658,387 $1,171,206 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JANUARY 31, 2001 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JANUARY 31, 2001. BALANCE AT BALANCE AT BALANCE AT FUND DEC 31, 2000 RECEIPTS DISBURSEMENTS JAN 31, 2001 JAN 31, 2000 GENERAL ($3,844,534.17) $12,089,314.01 $16,351,582.89 ($8,106,803.05) ($8,515,297.38 WATER 7,661,853.97 146,789.23 268,881.64 7,539,761.56 6,746,168.56 SEWAGE 7,259,222.80 1,739,991.66 1,642,595.75 7,356,618.71 8,110,527.71 CIVIC CENTER 569,219.20 930,580.27 263,588.72 1,236,210.75 1,314,426.92 TRANSPORTATION 283,186.05 817,790.48 601,001.92 499,974.61 602,477.02 CAPITAL PROJECTS 43,372,186.45 759,723.35 1,555,595.45 42,576,314.35 52,318,831.39 CONFERENCE CENTER 8,719,533.83 82,143.91 198,547.68 8,603,130.06 1,113,662.59 RKE VALLEY DETENTION COMM 3,819,577.36 341,836.99 906,469.43 3,254,944.92 6,849,197.12 DEBT SERVICE 13,436,009.38 69,491.09 1,251,324.88 12,254,175.59 11,354,120.71 DEPT OF TECHNOLOGY 4,057,877.45 1,242,914.03 179,935.51 5,120,855.97 3,808,713.58 MATERIALS CONTROL 104,111.03 121,185.03 200,161.84 25,134.22 (2,311.73) MANAGEMENT SERVICES 161,783.69 5,146.82 2,839.33 164,091.18 249,342.85 FLEET MANAGEMENT 1,081,058.98 664,678.53 174,905.46 1,570,832.05 1,951,732.00 PAYROLL (13,544,045.18) 14,401,379.08 14,047,032.90 (13,189,699.00) (10,245,835.66) ;RISK MANAGEMENT 11,622,625.66 167,198.79 380,614.93 11,409,209.52 10,635,307.17 PENSION 901,219.72 313,131.99 1,371,596.27 (157,244.56) 266,883.24 SCHOOL FUND 9,544,500.50 4,390,398.82 5,683,742.09 8,251,157.23 8,135,806.08 SCHOOL CAPITAL PROJECTS 3,338,079.59 2,857.94 765,059.95 2,575,877.58 4,064,555.63 SCHOOL FOOD SERVICE 658,246.59 102,054.04 346,482.41 413,818.22 0.00 F DETC 45,972.66 35,317.34 72,066.15 9,223.85 136,190.49 GRANT 1,140,517.63 594,153.48 386,280.12 1,348,390.99 1,322,120.62 t TOTAL $100,388,203.19 $39,018,076.88 $46,650,305.32 $92,755,974.75 $100,216,618.91 t CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JANUARY 31, 2001. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $6,012.22 1,382,147.17 3,464,000.00 11,207,529.67 11,945,306.67 4,998,500.00 19,089,311.08 18,000,000.00 2,487,547.89 20,175,620.05 $92,755,974.75 DATE: FEBRUARY 9, 2001 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 7 MONTHS ENDING JANUARY 31, 2001 Revenue Contributions Investment Income Net Appreciation in Fair Value of Investments Bond Discount Amortization Total Revenue FY 2001 $2,213,375 4,273,554 (1,525,031) 29,967 $4,991,865 FY 2000 $2,764,702 4,627,571 (1,235,754) 36,241 $6,192,760 Ex_~enses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses Net Gain (Loss) $7,312,660 263,025 63,178 250,097 160,431 8,049,391 ($3,057,526) $6,636,847 304,330 89,757 216,709 112,731 7,360,374 ($1,167,614) 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JANUARY 31, 2001 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2001 ($157,473) 349,120,706 3,099 5,097 $348,971,429 FY 2000 $262,390 342,596,178 18,472 18,000 $342,895,040 I~iabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $1,094,041 5,769 1,099,810 350,929,145 (3,057,526) 347,871,619 $348,971,429 $988,507 2,130 990,637 343,072,017 (1,167,614) 341,904,403 $342,895,040 14 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 7, 2001 File #60-468 Terry E. Wilkins, Vice President Peters and White Construction Co. P.O. Box 6560 Chesapeake, Virginia 23323 Dear Mr. Wilkins: I am enclosing copy of Ordinance No. 35225-030501 accepting the bid of Peters and White Construction Co., in the amount of $198,283.00, to gunite the interior of the Crystal Springs Reservoir to repair the walls up to the overflow level, and to repair leaks in the wall and floor of the clear well (holding tank) at the Falling Creek Reservoir, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; 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 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance D. Darwin Roupe, Director, General Services Philip C. Schirmer, City Engineer L. Bane Coburn, Project Manager Barry L. Key, Director, Management and Budget N:\CKSHI',.Agendas 20Ol~Corresl3 Marci~ 5 20~1 wl3d 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: c[erk@ci.roanoke.va.us March 7, 2001 File #60-468 STEPHANIE M. MOON Deputy City Clerk Ann Blackstock, President Beacon Construction Co., Inc. P.O. Box 2426 Muscle Shoals, Alabama 35661-2426 W. Gary Humble, Vice President Pressure Concrete, Inc. P.O. Box 1303 Florence, Alabama 35631-1303 Dear Ms. Blackstock and Mr. Humble: I am enclosing copy of Ordinance No. 35225-030501 accepting the bid of Peters and White Construction Co., in the amount of$198,283.00, to gunite the interior of the Crystal Springs Reservoir to repair the walls up to the overflow level, and to repair leaks in the wall and floor of the clear well (holding tank) at the Falling Creek Reservoir, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; 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 held on Monday, March 5, 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~AgeflCiaS 2001\Corresp Marcfl 5. 2001 w~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of I~arch, 200l. bio. 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Peters and White Construction Company in the amount of $198,283.00 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, as is more particularly set forth in the City Manager's letter dated March 5, 2001, to this Council, such bid being in flail 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. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk March 7, 2001 File #60-468 Stephanie M. Moon Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35224-030501 amending and reordaining certain sections of the 2000-2001 Water Fund Appropriations, to provide for the transfer of $217,900.00, in connection with reproduction costs and advertising fees for the gunite of Crystal Springs Reservoir to repair the walls up to the overflow level, and to repair leaks in the walls and floor of the clear well at the Falling Creek Reservoir. The above- referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager D. Darwin Roupe, Director, General Services Philip C. Schirmer, City Engineer L. Bane Coburn, Project Manager Barry L. Key, Director, Management and Budget N:~CKSHl~Agendas 2001\Cor~esp Marcfl 5. 2001 wDd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of March, 2001. No. 35224-030501. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Water 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 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~prooriations Capital Outlay $ 1,616,415 Gunite Crystal Springs and Falling Creek Reservoirs (1) ............. 217,900 Operating $13,234,801 Capital Outlay (2) ........................................... 1,699,237 1) Appropriated from General Revenue 2) Unidentified Plant Replacement (002-510-8396-9003) (002-510-2178-9026) $ 217,900 (217,900) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager March 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bid Committee Report Gunite of Crystal Springs Reservoir and Falling Creek Reservoir Bid No. 00-12-68 After proper advertising, bids were received to gunite the interior of the Crystal Springs Reservoir to repair cracks that have occurred over the last twenty years, and to repair the walls up to the overflow level. All work is confined to the interior of the reservoir. This is the time to repair the interior since the reservoir will not be in use until the new filter plant is constructed. The clear well (holding tank) at the Falling Creek Reservoir is included as part of this contract. This portion of the contract is to repair leaks in the walls and floor of the clear well. This tank is to be gunited both inside and outside. Three (3) bids were received with Peters and White Construction Company, 3032 Yadkin Road, Chesapeake, Virginia 23323, submitting the Iow bid in the amount of $198,283.00. The construction time was specified as ninety (90) consecutive calendar days. Funding for this project is available in the Water Fund Unidentified Plant Replacement account number 002-510-2178-9026 as follows: Contract Amount Contingency Reproduction Costs, Advertisements $198,283.00 18,717.00 900.00 Total $217,900.00 Recommended Actions: Accept the above bid and award a lump sum contract for the above work with 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 costs and advertising fees. Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 1~540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Bid Committee Report Gunite of Crystal Springs Reservoir and Falling Creek Reservoir Bid No. 00-12-68 March 5, 2001 Page 2 Authorize the City Manager to enter into a contractual agreement for the above work. Transfer funding of $217,900.00 to a new account to be established in the Water Fund Capital Projects entitled "Gunite of Crystal Springs and Falling Creek Reservoirs". Reject the other bids received. Respectfully Submitted, William H. Carder W. Alvin Hudson Philip C. Schirmer 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 ATTACHMENT 1 TABULATION OF BIDS GUNITE OF CRYSTAL SPRINGS RESERVOIR AND FALLING CREEK RESERVOIR BID NO. 00-12-68 Bids were opened by Robert L. White, Manager, Purchasing Department, on Thursday, February 8, 2001, at 2:00 p.m. Peters and White Construction Company $198,283 I and II Beacon Construction Company, Inc. $287,794 I and II Pressure Concrete, Inc. $380,856 I and II Estimated Cost: $200,000 - $250,000 Office of the City Engineer Roanoke, Virginia March 5, 2001 CITY OF ROANOKE, VIRGINIA BID FORM DATE: February_ 8, 2001 SUBMITTED BY: Peters and White Constnmtion (Exact Firm Name) The undersigned hereby proposes and agrees, if this bid is accepted by the City of Roanoke, to enter into a Contract with the City of Roanoke, Virginia, (hereafter - City or Owner) to furnish all equipment, materials, labor, and services necessary to Gunite the interior of the Crystal Springs Reservoir and other related work, Bid No. 00-12-68, in accordance with the Contract Documents as prepared by the Office of the City Engineer, Roanoke, Virginia. BASE BID: ~ ¢,t.~'~3 .~tr~, ~t~¥ -'~0~,-T¢o ~r~ The undersigned hereby acknowledges the receipt of the following addenda to the Contract Documents: Addendum Number 1 Addendum Number 2 Addendum Number Dated 2/1/01 Dated ?/?/rtl Dated The undersigned hereby agrees, if this bid is accepted by the City, to commence work with an adequate force and equipment on the date stipulated in the written "Notice to Proceed" from the Office of the City Engineer and to complete the work within forty-five (45) consecutive calendar days from the date stipulated in the written "Notice to Proceed" and to pay as liquidated damages the sum of one hundred ($100.00) Dollars per day to the City of Roanoke for each consecutive calendar day in excess of the time indicated to fully and satisfactorily complete the Work. The undersigned agrees that if this bid is accepted by the City, the failure or refusal of the undersigned to execute the Contract with the City and furnish to the City the required bonds and certificates of insurance within ten (10) consecutive calendar days from receipt of the Contract Documents will result in a payment of the Bid Security to the City as liquidated damages. The successful bidder may be awarded a Lump Sum Contract. Licensed "Class A", "Class B", or"Class C" Virginia Contractor Number 27-1--O20346A Bidder is a ~ resident or __ nonresident qf Virginia. (Check appropriate blank. See Va. Code Section 54.1-1100 et. seq.) Project: Gunite of Crystal Springs Reservoir I of 2 Bid Form/Bldg. Rev. 6/28/2000 State the complete firm name, exactly as it is recorded with the State Corporation Commission. LEGAL NAME Per~_r.~ and ~ir~, Cnr~'-~,,-~"~n BY 'rerrv F._ W"ilIdn.q SIGNED NAME DELIVERY ADDRESS 3032 Yadl<:~ Road TITLE MAILING ADDRESS Box 6560 CITY TELEPHONE 757 487-1000 STATE VA ZIP CODE FAX 757/-~5-qq75 ESCROW ACCOUNT REQUESTED (if applicable): YES __ NO DELIVERY OF BIDS: See Sectio.n 7.1 of the Instructions to Bidders. D. Darwin Roupe, Director of General Services Purchasing Department 215 Church Avenue, S.W. Room 353, Municipal Building Roanoke, Virginia 24011 Place in lower left-hand corner of envelope the project title as indicated at the top of the Invitation to Bid. Place in the upper left-hand corner of the envelope the bidder's name, mailing address, and Virginia Contractor number. GUNITE OF CRYSTAL SPRINGS RESERVOIR FOR ROANOKE WATER DEPARTMENT 2006 S. JEFFERSON STREET ROANOKE, VIRGINIA BID NO. 00-12-68 Project: Gunite of Crystal Sprinqs Reservoir 2of2 Bid Form/Bldg. Rev. 6~28/2000 CITY OF ROANOKE, VIRGINIA CHANGES TO AMOUNTS ON BID FORM GUNITE OF CRYSTAL SPRINGS RESERVOIR FOR ROANOKE WATER DEPARTMENT 2006 S. JEFFERSON STREET ROANOKE, VIRGINIA BID NUMBER 00-12-68 In accordance with Section 6.5 of the Instructions to Bidders, the following revision(s) is (are) to be made to the Bid Form: ITEM DESCRIPTION: ADD: DEDUCT: DOLLARS($ ) DOLLARS($ ) ITEM DESCRIPTION: ADD: DEDUCT: DOLLARS($ .) DOLLARS ($. ) TO BE SIGNED BY BIDDER FIRM: BY: TITLE: DATE: TIME: Project: Gunite of Crystal Sprinqs Reservoir I of 1 Changes to Amounts on Bid Form Rev. 6/2812000 CITY OF ROANOKE, VIRGINIA MINORITY & WOMEN-OWNED BUSINESS ENTERPRISE CERTIFICATION The bidder (proposer) shall complete the following information: Is bidder (proposer) a qualified minority or women-owned business enterprise (MBE/WBE)? Yes: No: × Regardless of response to this question bidder shall complete the following: Will bidder be using subcontractors? Yes: × No:__ In conjunction with the City of Roanoke's policy to utilize minority and women-owned business enterprises wherever possible, the bidder (proposer) has solicited quotations for labor, material, and/or services from the following MBE/WBE: (Attach additional sheet if necessary.) Type of Labor, Service A. Name of Firm Person(s) Contacted or Material Quoted Date PIFA..~, ~ A"TTAC]-I]~'T) Of those listed above, we intend to utilize the following MBE/WBE in completion of the work required by this contract: (Attach additional sheet if necessary.) Name of Firm Type of Labor, Service or Material Quoted Amount of Contract Subcontract The bidder will utilize the indicated MBENVBE firms in this project. If the bidder (proposer) determines not to use the indicated MBE/WBE, bidder must notify City and provide a valid non- discriminatory business reason for not employing the MBE/WBE. If the MBE/WBEs indicated in paragraph "A" will not be utilized, please state the reason for each firm. Name of Firm Results of Contact D. If unable to contact MBEs or WBEs please indicate efforts made: This firm has made a good faith effort to utilize MBE/WBEs whenever possible. FIRM NAME: BY: TYPED NAME: Terry E. Wiikins. Vicm-Pr~dd~nt Project: Gunite of Crystal Sprin.qs Reservoir I of 1 M/WBE Certification Form Rev. 6/28/2000 CITY OF ROANOKE, VIRGINIA EMPLOYMENT PROJECTION FORM (Please print or type) EMPLOYER NAME CONTACT PERSON ~eters and White Cc~str~ction Co. T~cy E_ Wil~ PHONE NUMBER EMPLOYMENT PROJECTIONS FOR PROJECT PROJECT (~mi~ of ~_~ml ,~prin~,~ 757 /~:~7-1('i"JO ~ 213 Completed form(s) must be submitted to City for projects lasting 30 days or longer. INSTRUCTIONS FOR COMPLETING FORM: (Refer to Sections 6 and 14.4 of Instructions to Bidders) Please complete for each separate job title of all covered positions to be hired during the project. Covered positions include entry level jobs that are not managerial, highly technical, or professional. Completion of form does not create an obligation on the part of the bidder to hire any referred applicant. Job Title I' a~ .... ,~ # Openings 2 - ~ Rate of Pay (Specify Hi./ Market Rate Day/Wk./Mo.) # Hrs. Work 40 Hours per Week Working Hours 8-5 Working Days M -~ Projected Ma-ch or AprJ 1 Start Date 3TI1 SPECIAL REQUIREMENTS (If Any) License/Cert. VA Drivers License X Tools (List) Transportation Physical Requirement Educational Requirement Other Project: Gunite of Crystal Springs Reservoir 1 of 1 Employment Projection Form Rev. 6/28/2000 CITY OF ROANOKE. V1RGINI.~i KNOW ALL MEN BY THESE PRESENTS, THAT WE, THE UNDERSIGNED, Peters White Construction Company , as Pdndpal, and Fidelity a~d_ Deppsit.' Company o.f Maryland , as Surety, are hereby held and _firmly bound unto Cit7 of Roanoke~ VA as Owner. in the penal sum of_Five Percent ot the Am0u, n_t._Bid in Dollars .... ($' 5% of Bid ) for the Daymellt Of w~lich; w~ll and truly to be mede, we hereby jointly and severally bind ourselves, our helre, executors, administrators, successors and assigns. Signed, sealed, and delivered this 8th day of February, ~000[ 2001. The condition of the above obligation Is such that whereas the Principal has submitted to tt~e City of Roanq,ke~ Virginia a certain Bid, attached hereto and hereby made a part hereof, to enter a contract in writing for the Gunite of Crystal Sprin~s Reservoir of Roanoke Water Department (00-12-68) NOW, THEREFORE, if said bid shalr be rejected, or if said Bid shall be accepted and the Principal shall execute and deliver to said City e Contract in the Form of Contract contained in the proposed Contract Documents, properly completed in accordance with said bid. and shall furnish bond for his faithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within the specified time period, and shall in all other respects perform the agreement created by the acceptance of said bid, then this obliga- tion shall be void, otherwise the same shall remain In force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed {he penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have l~areunder set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Attest: itness' / ' to signature of Wit~ess Peters and White Cons t ruc t ion Company (SEAL} T~t[e Term E. Wilkins, Vice-President Fidelity and Depo§~{~] · C. ompany of Maryland (SEAL) By, Attorney-in-Fact (Attomeys.-in-fact affix seal and affach curre, nt original or certified copy of power of attorney.) Project: Gunite of C_fvstel Sorfnas Reservoir I of 1 Bid Bond Rev. 6/28/2000 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFRCE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of thc State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI. Section 2. of the By-Laws of said Company, which are set forth on the reverse side hereof and arc hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Robert M. Siviter and Dawn E. Willett, both of Virginia Beach, Va., EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as i~s act and deed: any and all bonds and undertakings and the execution of such bonds or undertaking in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalfofW. B. Siviter, et,al, dated October 14, 1993. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI. Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secrettay have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of Janua~t, A.D. 1997. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary W. B. Walbrecher Vice-President Sta~ of Maryland ~, ss: FOR YOUR PRO ~ ~:Gi'iON, Co~ty ofBal~nore) LOOK FOR THE F&D WATERMARK On this 2nd day of January, A.D. 1997, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice-President and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding insuument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said insl~ument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Car~l~Fya~eo~isiss'/~flZ/IExpires: August 1,~ryPubic CERTIFICATE I, the undersigned, Assistant Stcreta~ of the F1DELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and con'ect copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by thc Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secreta~ of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th d~ of February , 2001 S. D. Mati$ Assistant Secretary L1428-176-3g16 CORPORATE RESOLUTION The annual stockholders' meeting of Peters and White Construction Company was held on March 3 l, 1995. The directors voted to empower the President, Paul E. Peters and Secretary, Terry E. Wilkins, to enter into a contract on behalf of Peters and Their signatures will bind both for bidding and contract White Construction Company. work. Director, Paul E. Peters D~erry E. Wilkins [, Sherry Armbrister, attest that the above information is true to the best of my knowledge. Sherry Arm~ister, Assistant Secretary Corporate Address: Peters and White Construction Co., PO Box 6560, 3032 Yadkin Road, Chesapeake, VA 23323 State of Incorporation: North Carolina O CORPORATION NAME: PETERS AND WHITE CONSTRUCTION O REGISTERED AGENT NAME AND ADDRESS: PAUL E. PETERS 3032 YADKIN RD. "C ~?X i~6o CHESAPEAKE, VA 23323 OCITY OR COUNTS' OF VA REGISTERED OFFICE: 236-CHESAPEAKE CITY STATE OR COUNTRY OF INCORPORATION: NC-NORTH CAROLINA 2001 ANNUAL REPORT COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION COMPANY PRES. DUE DATE: 0 l/3 ]/200 l CORPOR~'rlON ID: F042198-4 OSTOCK INFORMATION: CLASS AUTllORIZED COt~MON 100,000 Carefully read the attached instruction sheet and type or print with black ink only. If Block(~)is blank, you must add the principal office address. If blockO is blank, you must add the officer and/or director information. (~) PRINCIPAL OFFICE ADDRESS No cHA. E l: Rmov DR SS F-1 ADDRESS: CITY/ST/ZIp: PO BOX-6560 CHESAPEAKE, VA 23323 MAKE ADDITIONS/CHANGES IN KIGHT COLUMN ONL'~ ADDRESS: CI TY/ST/ZI P: (~) PRINCIPAL OFFICERS AND DIRECTORS .... [,XAME: PAUL E PETEPq MAKE ADDITIONS/CHANGES IN RIGHT COLUMN ONLY OFFI('F.R [] I)IItE('IOR ~ TITLE: PRESIDENT ADDRESS: 2080 SHILLELAGH RD CITY/ST/ZI p: CHESAPEAKE, VA 23323 \ \\IF' TITLE: ADDRESS: CITY/ST/ZIp: SIGNATURE PRINITD N~vlE MUST BE SIGNED BY AN OFFICER OR DIRECTOR LISTED IN THIS REPORT. 86562 I)A'i ti DEPARTMENT OF PROFESSIONAI:.-AND OCCUPATIONAL REGULATION . EXPIRES ONI COMMONWEALTH 0F VIRGINIA I NUMBER --~ -3 1 -2 001 3600 west Broad Street,Richntond,VA 23230 Telephone: 1 (804) 367-8500 270 1 020346A.~ BOARD FOR CONTRACTORS CLASS A CONTRACTORS LICENSE PETERS & WHITE CONSTR CO PETERS & WHITE CONSTR CO 3830 SOUTH alLITARY HWY PO BOX 6560 CHESAPEAKE VA 23323 *CLASSZFICATIONS. BLD H/H (P~KET CARD) - ' COMMONWEALTH OF VIRGINIA I BOARD FOR CONTRACTORS - CLA~S A I CONTRACTOR LZCENSE - CLASSZFZCATZONS: BLDi H/H l DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULAT)ON 3600 We~t Broad Street Richmond, Virginia 23230 NUMBER: 2701 PETE~S & M-I~TE CONSTR PETERS & WHZTE CONST~~; 3830 SOUTH MZLZTARY' I PO BOX 8560 PETERS AND WHITE CONSTRUCTION CO. Heavy Industrial Contractor N.C. License # 12222 Va. L":ense # 20346 February 8,2001 City of Roanoke Municipal Building Roanoke, VA 24011 Re: Gunite of Crystal Springs Reservoir, Bid No. 00-12-68 The following are the step we have taken in securing minority and woman owned businesses: 1. Contacted and received a list of MBE/WBE businesses fi.om the Grants Monitoring Administrator. 2. Registered with U.S. Department of Commerce, Minority Business Development Agency (copy attached). Due to the nature of this project we have not requested quote requests from any MBE/WBE as we did not find any corresponding businesses on the list we received from the Grants Monitoring Administrator. We hope to receive some contacts though the U.S. Department of Commerce. Sincerely, Peters and White Construction Co. Vice-President P.O. Box 6560 · Chesapeake, Va. 23323 · (757)487-1000 · Fax (757)485-9875 U\S. Department of Commerce, Minority Business Development Agency Page 1 of 4 U.$ DEPARTMENT OF COMMERCE SEARCH THIS SITE Opportunity Input Form LiST YOUR BUSINESS I REGISTER OPPORTUNITIES I LOCAL MBDA CENTERS ONLINE RESOURCES I VIRTUAL CENTERS I EVEN~T_S I R_ESOUR_CE LOCATOR I FAQ This database matches contract opportunities with eligible minority companies listed in the MBDA "Phoenix Database". Specific information from this Opportunity Form is matched Wtth like information in the Phoenix listing. Your company will receive a notification of the minority companies that have been matched and each of the matched minority companies will receive the opportunity posted on this form. Please take time to enter information correctly. Thank You. Register your business opportunity through the Opportunity Database by following the steps below: · Collect all the necessary information about your business opportunity. See About Opportunity for a list of this information. · Complete the form below. ~ buttons can be found on the upper right hand corner of each field to assist you. These "help" buttons will open a new browser window. Please note that required fields appear in RED type Helpful hints for filling out the form appear in GREEN type · Before submitting, print a copy to keep for your records. · After printing, press the "Send to MBDA" button. · If your submission is successful, you will receive a message that states "Thank you for submitting your information to the Opportunity Database". If you have difficulties, please fax your completed form to (202)482-2678 or register@mbdagov Please do not use all CAPS! CONTACT INFORMATION FOR THIS OPPORTUNITY: Company Name:iPeters and White Company City]Chesapeake Company State:lVirginia CMr. CMs. First Name:lTerry . Title:iProject Flanager M.I.: g-- Last Name:lwilkins Telephone:(~)l~"' ..... _1,o00 E-Mail Add ress:]pwgrace@erols.com You must enter either a Fax Number or Email Address to complete this form. http://phoenix.mbda, gov/Opportunity/oppinput.asp 2/7/01 [Y.S. Department of Commerce, Minority Business Development Agency Page 2 of 4 PERSON COMPLETING THIS FORM: First Name:lGrace Last Name:[Bailey Title:lProjed: Administrator Telephone:( 7~ )1487 _ I'000 E-Mail Add ress:lpwgrace@erols.com Fax: ( 7sT[ F )148s '" _t9875 OFFER INFORMATION: Date Open:l.lanuary ,,,i ~, ]2001 Date Closed:lFebruary -,i ~ 12001 Please enter 4-digit years (e.g. 1997) Solicitation ID:[00_12_68 Estimated Contract Value:15250,000 - $500,000 ' Estimated Contract Duration: 3-6 Months Offer Description or Comments:lP, emcval of loose 9unJ_t:e ~ I Please enter a short statement describing the product, services and any spec/al conditions. Limit your input to 255 characters (including spaces) Please enter the key words that most clearly identify the type of products or services for this opportunit)t?/One Required) IAsbestos IConcrete IAggregates IWire Fabrc IWaterstop I NAICS CODES: http://phoenix.mbda.gov/Opportunity/oppinput.asp 2/7/01 U.S. Department of Commerce, Minority Business Development Agency Page 3 of 4 What NAICS Codes are associated with goods or services your company is seeking? NAICS codes are 5 or 6 digits long. This form will not accept 4-digit SIC Codes If you know associated SiC codes, use the U.S. Census Bureau* search to find the corresponding NAICS code (use the menu on the right). Or you can use our NAICS COD~E_ S_E_AR_C_H. *(this link will open a new browser window) Code #1' ]56292 Code ~4..I Code#2.']23571 Code#5.'l BOND INFORMATION: Bond Request: (" YES ¢' NO ¢' DON'T KNOW Bond Amount(S):I Please enter money values without dollar stgns "$", commas .... or decimal points "." L OCA TION INFORIVlA TION: Please enter the city(s) and state(s) where product/service will be delivered. (One Required) (Location 1) City:lRoanoke State[Virginia ._~J (Location 2) City:I State:I Choose... _~.J (Location 3) City:I State:lChoose.-. ~ (Location 4) City:I State:lChoose... ~~j (Location 5) City:[ State:[Choose... ~ (Location 6) City:I State:lChoose... _~j http://phoenix.mbda.gov/Opportunity/oppinput.asp 2/7/01 IJ.S. Department of Commerce, Minority Business Development Agency Page 4 of 4 Print Form Now! Thank you for placing your opportunity with the Department of Commerce's Minority Business Development Agency. If you have additional information r~garding the opportunity you may fax the information to: "Opportunity Clerk" at FX: (202) 482-2678 or by e-mail at register@mbdagov. You will receive a list of minority companies qualified to provide the product or services as appropriate matches are made. Please contact us at any time if you need assistance. Submit to MBDA! J, ,ResetI ~()N"'ACE US I iNFORMAC!ON EN ESP,"'~:~JE';!.. ',,'~'il;, T '2f~ ):.) Disclaimer Privacy Statement U.S. Department of Commerce Minority Business Development Agency http://phoenix.mbda.gov/Opportunity/oppinput.asp 2/7/01 D.S. Department of Commerce, Minority Busine. ss Development Agency Page 1 of I U,S OEPAI~TMENT OF COMMI~RCE Thank You... Thank you for submitting your information to the Opportunity Database! we welcome any comments you m~§ht have about our site Click here to return to MBDA. Djscla_i_mer Privacy Statement. U.S~_Dep_a_rtment of Commerce. Minority Business Development Agency. http://phoenix.mbda.gov/Opportunity/thankopp.html 2/7/01 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk March 7, 2001 File ¢¢468-514-538 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a report of the Water Resources Committee recommending authorization to file a petition to vacate and close a portion of public street right-of-way across Official Tax No. 4010213, in connection with the development of the Art Museum/IMAX Theatre Project, which report was before the Council of the City of Roanoke at a regular meeting on Monday, March 5, 2001. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attach ment pc: William M. Hackworth, City Attorney James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator N:\CKSHl~.gendas 20OltCorfesp March 5 2001 wpd Office of the City Manager March 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Vacation of Public Street Right-of-Way Alley Across Tax Parcel 4010213 The attached staff report was considered by the Water Resources Committee at its regular meeting on February 20, 2001. The Committee recommends that Council authorize the filing of a petition to vacate and close a portion of public street right-of- way across Tax Parcel 4010213 in connection with the development of the Art Museum/IMAX Theatre Project. Respectfully submitte~d, Linda F. Wyatt, Chairperson Water Resources Committee LFW:sf Attachments: I CC; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator 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 Office of the C~,~,, M~r~c ;:~- February 20, 2001 To: Members, Water Resources Committee From: Sarah E. Fitton, Engineering Coordinator thru Darlene L. Burcham, City Manager Subject: Vacation of Public Street Right-of-Way Alley Across Tax Parcel 4010213 Background: 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. The City desires to convey property identified by Tax Numbers.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. Considerations: There is an existing alley located on Tax Parcel No. 4010213. Authorization is needed to file a petition to vacate and close this public right-of-way as shown on Attachments #1 and #2. Recommended Action(s): Authorize the filing of a petition to vacate and close a portion of public street right-of- way across Tax Parcel 4010213 in connection with the development of the Art Museum/IMAX Theatre Project. Res_pectfully submitted, City Manager Attachment(s): 2 pc: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator DLB/SEF Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. c~ roanoke va us #01-108 (540) 853-2333 tAX (540) j ATTACHMENT 1 ' I WALL ~,~t. .~ $?. ATTACHMENT 2 ,S,4 Z £ M 4V~'AIU£, $.~'. OFFICE OF CiTY ENGINF. E~ PI.AT - ~ CI TV ~' ~OANOIdE, V/I?G/4//4 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk March 7, 2001 File #468-373-524 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35228-030501 authorizing the City Manager to enter into an agreement with Commonwealth Buildings for the lease of 2,453 square feet of office space within the Commonwealth Park Building located at 110 Campbell Avenue, for use by the Roanoke City Office of Real Estate Valuation, for a one year term from March 1, 2001, until February 28, 2002, with an option to renew for three additional one-year terms, at a rate of $2,516.88 per month, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Willard N. Claytor, Director of Real Estate Valuation James D. Grisso, Director of Finance Dana D. Long, Chief, Billings and Collections Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator N:\CKS, ,*gendas 2001\Corresp March 5 2001 wp~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of March, 2001. No. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with Commonwealth Buildings for the lease of 2,453 square feet of office space within the Commonwealth Park Building located at 110 Campbell Avenue for use by the Roanoke City Office of Real Estate Valuation; said lease shall be for a one- year term from Marchl, 2001, until February 28, 2002, with an option to renew for three additional one-year terms, at a rate of $2,516.88 per month; said lease shall provide for the indemnification of each party by the other party and shall be upon the terms and conditions as more particularly described in the Water Resources report to this Council dated March 5,2001. ATTEST: City Clerk H :LMea~ur es~ommonwealt hpar k. wlxl Office of the City Manager March 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Lease of Commonwealth Park Office of Real Estate Valuation The attached staff report was considered by the Water Resources Committee at its regular meeting on February 20, 2001. The Committee recommends 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. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:sf Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Sarah E. Fitton, Engineering Coordinator 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 Office of the City Manager February 20, 2001 To: From: Subject: Members, Water Resources Committee Sarah E. Fitton, Engineering Coo~di~j.~~-- thru Darlene L. aurcham, Ci~r~ /! Lease for Commonwealth Park Office of Real Estate Valuation 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. This space alleviates 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. The current lease will expire Feb. 28, 2001. A new lease has been negotiated to provide for continued use of this space. See Attachment #1 for draft of proposed lease. 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. The base rent is $2,516.88 per month, which is $12.31 per square foot, and includes basic utilities and janitorial service. The Lease also provides that each party will 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. Funding is available in the Real Estate Valuation operating budget to provide for lease payments. Recommended Action(s): 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. Attachments: 1 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation #01 -111 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 85~ : ' ~ CityWeb:www. c~ roanoke va.us 'LEASE COMMONWEALTH BUILDINGS ROANOKE, VIRGINIA THIS LEASE is made this day of by COMMONWEALTH BUILDINGS, a Virginia Partnership (hereinafter referred to as "Landlord"), and CITY OF ROANOKE, VIRGINIA, a municipal corporation existing under the law of the Commonwealth of Virginia, (hereinafter referred to as "Tenant"); WITNESSETH: In consideration of the mutual agreements hereinafter set forth, the parties hereto mutually agree as follows: 1 . DEMISED PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, for the term and upon the conditions hereinafter provided, that certain space located on the Mezzanine of the Commonwealth Park Building (hereinafter referred to as the "Building"), consisting of 2,453 square feet, situated at 110 Campbell Avenue in the City Roanoke, Virginia, as indicated in Exhibit A attached hereto and made a part hereof (such space being hereinafter referred to as the "Demised Premises"). 2. TERM. The term of this Lease shall commence on March 1, 2001 and shall expire at 11:59 o'clock p.m. February 28, 2002. 3. BASE RENT. Tenant shall pay as base rent for the Demised Premises tine following: Annually Monthly March 1, 2001 - February 28, 2002 $30,202.56 $2,516.88 Rent shall be paid monthly. The first monthly payment shall be made upon the commencement date: the second and all subsequent monthly payments shall be made on the first day of each and ex calendar month during the term. If the Commencement Date is a date other than the first da,. month, the rent from the Commencement Date until the First Day of the following month shall be prorated at the rate of one-thirtieth (1/30th) of the base monthly rental for each day and be paid Tenant to Landlord on the Commencement Date. Tenant shall pay rent to Landlord at P.O. Box 20809, Roanoke, Virginia, 24018, or to such other party or at such other address as Landlord designate from time to time by written notice to Tenant, without demand and without deduction, set- off or counterclaim. If Landlord shall at any time or times accept said rent after it shall become duc and payable, such acceptance shall not excuse delay upon subsequent occasions, or constitute, or construed as, a waiver of any or all of Landlord's rights hereunder. Checks should be made payable to Commonwealth Buildings. 4. USE OF DEMISED PREMISES. Tenant will promptly use and occupy the Demised Premises following the Commencement Date, solely for the conduct ora business office and in accordance with the use permitted under applicable zoning regulations. Tenant will not use or occupy the Demised Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of the United States of America, State of Virginia. and any other public authority having jurisdiction over the Demised Premises. It is expressly understood that if any present or future law, ordinance, regulation or order requires an occupancy permit for the Demised Premises, Tenant will obtain such permit at Tenant's own expense. Tenant will have, together with other tenants in the Building, access to and use of all common areas and facilities of the Building, for and during such periods of time as may be set forth in the Rules and Regulations of the Building. 5. ASSIGNMENT AND SUBLETTING. Tenant will not assign, transfer, mortgage or encumber this Lease or the Demised Premises without obtaining the prior written consent Landlord, nor shall any assignment or transfer of this Lease be effectuated by operation of law or otherwise without the prior written consent of Landlord, which consent will not be unreasonably withheld. Tenant may sublet or rent the Demised Premises or any portion thereof only with the prior consent of the Landlord. In the event that Tenant defaults hereunder, Tenant hereby assigns to Landlord the rent due from any assignee or subtenant of Tenant and hereby authorizes each such subtenant to pay said rent directly to Landlord. 6. IMPROVEMENTS. Tenant shall be free to make alterations, redecorations, or improvements in land to the Demised Premises provided all of such alterations, redecorations. additions or improvements conform to all applicable Building Codes of the City of Roanoke; and provided, further, that no such alteration, redecoration or improvement which may alter or excessively load the structure of the Demised Premises will be made by Tenant without the prior written consent of Landlord. If any mechanic's lien is filed against the Demised Premises, or the real property of which the Demised Premises is a part, for work claimed to have been done for. or materials claimed to have been furnished to, Tenant, such mechanic's lien shall be discharged bv Tenant within ten (10) days thereafter, at Tenant's sole cost and expense, by the payment thereof or by filing any bond permitted by law. If Tenant shall fail to discharge any such mechanic's lien. Landlord may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive, or release, the default Tenant in not discharging the same. It is understood and agreed by Landlord and Tenant that ant such all:erations, decorations, additions or improvements shall be conducted on behalfo fTenant and not on behalf of Landlord, and that Tenant shall be deemed to be the "owner" and not the "agent" of Landlord for purposes of application of the Mechanic's Lien of Statutes of Virginia. It is further understood and agreed that in the event Landlord shall give its written consent to Tenant's making any such alterations, decorations, or improvements, such written consent shall not be deemed to be an agreement or consent by Landlord to subject Landlord's interest in the Demised Premises. the Building or the real property upon which the Building is situated to any mechanic's liens which max be filed in respect of any such alterations, decorations,, additions, or improvements made by or on behalf of Tenant. All alterations, decorations, additions or improvements in or to the Demised 'Premises or the Building made by either party shall remain upon and be surrendered ~'ith the Demised Premises as part thereof at the end of the term hereof without disturbance, molestation or injury; provided, however, that if Tenant is not in default in the performance of any of its obligations under this Lease, Tenant shall have the right to remove, prior to the expiration or termination o f the term of this Lease, all movable furniture, furnishings or equipment installed in the Demised Premises at the expense of Tenant (except carpeting which Tenant has installed, which shall become property of Landlord), and if such property of Tenant is not removed by Tenant prior to the expiration or termination of this Lease, the same shall become the property of the Landlord and shall be surrendered with the Demised Premises as a part thereof. 7. MAINTENANCE BY TENANT. Tenant shall suffer no waste or injury, to the Demised Premises or the fixtures and equipment therein, and shall, at the expiration or other termination of the term of this Lease, surrender up the Demised Premises in the same order and condition in which they are on the Lease Commencement Date, ordinary wear and tear and damage by the elements, fire or other casualties excepted. Landlord, at its cost, shall provide and install all original fluorescent tubes and light bulbs within the Demised Premises necessary to provide the lighting, if any, required by Exhibit C. All replacement bulbs and tubes for such lighting, and all other bulbs, tubes and lighting fixtures for the Demised Premises shall be provided and installed by Landlord at Tenant's cost and expense. 8. SIGNS AND FURNISHINGS. No sign, advertisement or notice shall be inscribed, painted, affixed or displayed on any part of the outside or the inside of the Building except on the directories and the doors of the offices, and then only in such place, number, size, color and style as is approved by Landlord and provided by Landlord at Tenant's cost and expense, and if such sign, advertisement or notice is nevertheless exhibited by Tenant, Landlord shall have the right to remove the same and Tenant shall be liable for any and all expenses incurred by Landlord by said removal. Landlord shall have the right to prohibit any advertisement of Tenant which in its opinion tends to impair the reputation of the Building or its desirability as a high-quality building for offices or for financial, insurance and other institutions of like nature, and, upon written notice from Landlord, Tenant shall immediately refrain from and discontinue any such advertisement. Landlord shall have the right to prescribe the weight and position of safes and other heavy equipment or fixtures, which shall, if considered necessary by the Landlord, stand on plank strips to distribute the weight. Any and all damage or injury to the Demised Premises or the Building caused by moving the property of Tenant into, in or out of the Demised Premises, or due to the same being on the Demised Premises, shall be repaired by, and at the sole cost of, Tenant. No deliveries of any matter of any description will be received into the Building or carried in the elevators except as entrances of the Building designated for this purpose. All moving of furniture, equipment and other material shall be under the direct control and supervision of Landlord who shall, however, not be responsible for any damage to or charges for moving the same. Tenant agrees promptly to remove from the sidewalks adjacent to the Building any of the Tenant's furniture, equipment or other material there delivered or deposited. 9. INSPECTION. Tenant will permit Landlord, or its representative, to enter the Demised Premises, without charge thereof to Landlord and without diminution of the rent payable by Tenant, to examine, inspect and protect the same, and to make such alterations and~or repairs as in the judgement of Landlord may be deemed necessary, or to exhibit the same to prospective Tenants during the last one hundred twenty (l 20) days of the term of this Lease. I0. TENANT'S EQUIPMENT. Tenant will not install or operate in the Demised Premises any electrically operated equipment or other machinery, other than electric typewriters. personal computers, adding machines, radios, televisions, clocks and copying machines, without first obtaining the prior consent of Landlord, who may condition such consent upon the payment of Tenant of additional rent in compensation for such excess consumption of utilities and for the cost of additional wiring as may be occasioned by the operation of said equipment or machinery. Tenant shall not install any other equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to, or in the use of, the water system, or electrical system of the Demised Premises or the Building without first obtaining the prior written consent of Landlord. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to any space therein to such a degree as to be objectionable to Landlord or to any Tenant in the Building shall be installed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other devices sufficient to eliminate such noise and vibration. 1 l. INDEMNITY - WILLFUL OR NEGLIGENT ACTS. Each party will 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. 12. SERVICES AND UTILITIES. It is agreed that Landlord will furnish heat and air conditioning, during the seasons of the year when heat and air conditioning is required, between the hours of 7:30 a.m. and 6:30 p.m., Monday through Saturday, City holidays as determined bv Roanoke City Council ("City Holidays") excepted. It is agreed that Landlord will provide reasonably adequate electricity, water, exterior window cleaning service and, Tuesdays, Thursdays. and weekends only (except City Holidays), char and janitorial service aft:er 6:00 p.m. Landlord will also provide elevator service by means of automatically operated elevators on all regular elevators between the hours of 7:30 a.m. and 6:30 p.m., Monday through Saturday (except City Holidays), and at least one (1) elevator on a twenty-four (24) hour basis at all times, provided, however, that Landlord shall have the right to remove elevators from service as the same shall be required for moving freight, or for servicing or maintaining the elevators and/or the Building. It is also agreed that if Tenant requires air conditioning or heat beyond the hours hereinabove set forth and provided arrangements are made with Landlord's agent not less than twenty-four (24) hours in advance. Landlord will furnish such air conditioning or heat and Tenant agrees to pay for the same with each monthly installment of rent in accordance with the then current schedule of costs and assessments therefore. Such schedule shall be no more than the Landlord's cost and shall be published from time to time by the Landlord and furnished to the Tenant. Landlord shall maintain the public restrooms in the Building and shall furnish, without charge therefore, all soap, paper towels, and two-ply roi let tissue necessary for the efficient use of such rooms. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay or suspension in furnishing, any of the serxices (required to be performed by Landlord) caused by breakdown, maintenance, repairs, strikes, scarc it,,' of labor or materials and acts of God. 13. INSOLVENCY OR BANKRUPTCY OF TENANT. In the event Tenant makes an assignment for the benefit of creditors, or a receiver of Tenant's assets is appointed, or Tenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary, petition in any bankruptcy or insolvency proceeding is filed against Tenant and the same is not discharged within sixty (60) days, or Tenant is adjudicated as bankrupt, Landlord shall have the option of terminating this upon such written notice being given by Landlord to Tenant, the term of this Lease shall, at the option of Landlord, end and Landlord shall be entitled to immediate possession o r' the Demised Premises and to recover damages from Tenant in accordance with the provisions of Attic le 15 hereof. 14. TRANSFER OF LANDLORD'S INTEREST. Landlord shall have the right to convey, transfer or assign, by sale or otherwise, all or any part of its interest in this Lease of the Commonwealth Building, including the Premises, at any time and from time to time and to any person, subject to the terms and conditions of this Lease. Ail covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(s) thereof or of this Lease during the periods of their ownership thereof. 15. DAMAGE TO THE DEMISED PREMISES. If the Building or the Demised Premises shall be partially damaged by fire or other cause without the fault or neglect of Tenant, its agents, employees or invitees, Landlord shall diligently and as soon as practicable after such damage occurs (taking into account the time necessary to effectuate a satisfactory settlement with anv insurance company) repair such damage at the expense of Landlord, provided, however, that if the Building is damaged by fire or other cause to such extent that the damage cannot be fully repaired within ninety (90) days from the date of such damage, Landlord or Tenant, upon written notice to the other, may terminate this Lease, in which event the rent shall be apportioned and paid to the date of such damage. During the period that Tenant is deprived of the use of the damaged portion of Demised Premises, Tenant shall be required to pay rental covering only that part of the Demised Premises that Tenant is able to occupy, and said rent tbr such occupied space shall be the total rent divided by the square foot area identified in paragraph 1, hereto, and multiplied by the square foot area that the Tenant is able to occupy. All inj un' or damage to the Demised Premises or the Building caused by Tenant, or its agents, employees and invttees, shall be repaired by Landlord, and any cost so incurred by Landlord shall be paid by Tenant. tn which event such cost shall become additional rent payable with the installment of rent next becoming due under the terms of this Lease. 16. DEFAULT OF TENANT. If Tenant shall fail to pay any monthly installment ot' rent as aforesaid and/or as required by this Lease talthough no legal or formal demand has been made), or shall violate or fail to perform any of the other conditions, covenants or agreement on its part contained in this or any other lease of space in the Building, and such failure to pay rent or such violation or failure shall continue for a period often 110) days after the due date of such payment or after written notice of any such other violation or failure to Tenant by Landlord, then and in anv or' said events this Lease shall, at the option of Landlord. cease and terminate upon at least ten (10) days prior written notice of such election to Tenant by Landlord, and if such failure to pa.,,' rent or such violation or failure shall continue to the date set forth in such notice of termination, then this Lease shall cease and terminate without further notice to quit or of Landlord's intention to re-enter, the same being hereby waived, and Landlord may proceed to recover possession under and by virtue o t` the provisions of the laws of Virginia, or by such other proceedings, including re-ento' and possession, as may be applicable. If Landlord elects to terminate this Lease everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, ho,xex er. to the fight of Landlord to recover the Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated betbre the expiration of the term of this Lease by reason of Tenant's default as hereinabove provided, or it' Tenant shall abandon or vacate the Demised Premises before the expiration or termination of the term of this Lease, the Demised Premises may be relet by landlord for such rent and upon such terms as are not unreasonable under the circumstances and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including without limitation, deficiency in rent, reasonable attorney's fees, brokerage and leasing fees and expenses of placing the Demised Premises in first class rental condition. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord's option, at the time o f the reletting, or in separate actions from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or at Landlord's option, may be deferred until the expiration of the term of this Lease in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. The provisions contained in this paragraph shall claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. In the event that Tenant continues to occupy the Demised Premises after the expiration of the term of this Lease. with the express or implied consent of Landlord, such tenancy shall be from month to month and shall not be a renewal of the term of this Lease or a tenancy from year to year. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exclusive of any other fights and remedies provided to Landlord under applicable law. 17. WAIVER. If under the provisions hereof Landlord shall institute proceedings and a compromise or settlement thereof shall be made, the same shall not constitute a waiver of an,.' covenant herein contained nor of any of Landlord's fights hereunder. No waiver by Landlord o f an,. breach/of any covenant, condition or agreement herein contained shall operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent breach, thereof. No payment Tenant or receipt by Landlord of a lesser amount than the monthly installments of rent herc~n stipulated shall be deemed to be other than on account of the earliest stipulated rent or shall endorsement or statement on any check or letter accompanying a check for payment ot~ rent bc deemed an accord and satisfaction, and Landlord may accept such check or payment ~ithout prejudice to landlord's right to recover the balance of such rent or to pursue any other reined', provided in this Lease. No re-entry by Landlord, and no acceptance by Landlord of ke,,s t'rom Tenant, shall be considered an acceptance of a surrender of the Lease. l 8. SUBORDINATION. This Lease is subject and subordinate to the lien of all and mortgages (which term "mortgages" shall include both construction and permanent financing shall include deeds of trust and similar security instruments) which may now or hereafter encumber or otherwise affect the real estate (including the Building) of which the Demised Premises t`or~n part, or Landlord's leasehold interest therein, and to all and any renewals, extensions, modifications, recastings or refinancings thereof. In confirmation of such subordination, Tenant shall, at Landlord's request, promptly execute any requisite or appropriate certificate or other document. Tenant hereby constitutes and appoints Landlord as Tenant's attorney-in-fact to execute any such certificate or certificates for or on behalf of Tenant. Tenant agrees that in the event that any proceedings are brought for the foreclosure of any such mortgage, Tenant shall attom to the purchaser at such foreclosure sale, if requested to do so by such purchaser, and to recognize such purchaser as the landlord under this Lease, and Tenant waives the provisions of any statutes or rule of law, no~v or hereinafter in effect, which may give or purport to give Tenant any right to terminate or otherx~ ise adversely affect this Lease and the obligations of Tenant hereunder in the event that any such foreclosure proceeding is prosecuted or completed; provided, however, that such attomment and recognition shall be conditioned upon Tenant's receiving from such purchaser, reasonable assurances that Tenant may remain in quiet and peaceable possession of the Demised -Premises for the unexpired term at the rents herein provided and that purchaser shall otherwise keep and perform all and several of the covenants and conditions herein contained on the part of Landlord to be kept and performed. 19. CONDEMNATION. If any part of the building or a substantial part of the common area of the Demised Premises shall be taken or condemned by any governmental authority for any public or quasi-public use or purpose (including sale under threat of such a taking), then the term of this Lease shall cease and terminate as of the date when title vests in such governmental authority, and the annual rental shall be abated on the date when such title vests in such govemmental authority. If less than a substantial part of the common area of the Demised Premises is taken or condemned by any governmental authority for any public or quasi-public use or purpose, the rent shall be equitably adjusted on the date when title vests in such governmental authority and the Lease shall otherwise continue in full force and effect. Tenant shall have no claim against Landlord (or otherwise) for any portion of the amount that may be awarded as damages as a result of any governmental taking or condemnation (or sale under threat of such taking or condemnation) or for the value of any unexpired term of the Lease. For purposes of this Article 21, a substantial part o t' the common area of the Demised Premises shall be considered to have been taken if more than fi fry percent (50%) of the Demised Premises are unusable by Tenant and, if the Demised Premises are on more than one floor of the building, then this Article shall apply as, if separate leases are made in respect of the Demised Premises on each such floor. 20. RULES AND REGULATIONS. Tenant, its agents and employees shall abide bv and observe the rules and regulations attached hereto as Exhibit C. Tenant, its agent and employees. shall abide by and observe such other rules or regulations as may be promulgated from time to time by Landlord, with copy sent to Tenant for the operation and maintenance of the Building, provided that the same are in conformity with common practice and usage in similar buildings and are not inconsistent with the provisions of this Lease. Nothing contained in this Lease shall be construed to impose upon Landlord any duty or obligation to enforce such rules and regulations, or the temps. conditions or covenants contained in any other Lease, as against any other Tenant, and Landlord shall not be liable to Tenant for violation of the same by any other Tenant, its employees, agents. business invitees, licensees, customers, clients, family members, or guests. 21. COVENANTS OF LANDLORD. Landlord covenants that it has the right to make this Lease for the term aforesaid, and that if Tenant shall pay the rental and perform all of the covenants, terms and conditions of this Lease to be performed by Tenant, Tenant shall, during the term hereby created, freely, peaceably and quietly occupy and enjoy the full possession of the Demised Premises without molestation or hindrance by Landlord or any party claiming through or under Landlord. 22. AGENCY DISCLOSURE. Unless otherwise disclosed in writing, all parties acknowledge that F & W Management Corporation is the Manager of F & W Management, L.C.. Agent of the LANDLORD not the TENANT. F & W Management Corporation's fiduciary, duties of loyalty and faithfulness are owed to the LANDLORD who is their principal. All commissions will be paid by the LANDLORD and not the TENANT. 23. NO PARTNERSHIP. Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture ofoi' between the Landlord and Tenant, or to create any other relationship between the parties hereto other than that of Landlord and Tenant. 24. NO REPRESENTATION BY LANDLORD. Neither Landlord nor any agent or employee of Landlord has made any representations or promises with respect to the Demised Premises or the Building except as herein expressly set forth, and no rights, privileges, easements or licenses are acquired by Tenant except as herein expressly set forth. The Tenant, by taking possession of the Demised Premises, shall accept the same "as is", and such taking of possession shall be conclusive evidence that the Demised Premises and the Building are in good and satisfactor3.' condition at the time of such taking of possession. 25. BROKERS. Landlord also recognizes F & W Management as the managing agent for the Building and shall pay management fees to said agent pursuant to a separate management agreement between said agent and Landlord. Landlord and Tenant each represent and warrant one to another that except as immediately hereinabove set forth neither of them has employed any broker in carrying on the negotiations relating to this Lease. Landlord shall indemnify and hold Tenant harmless, and Tenant shall indemmfy and hold Landlord harmless, fi.om and against any claim or claims for brokerage or other commission arising from or out of any breach of the foregoing representation and warranty by the respective indemnitors. 26. NOTICES. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or by certified or registered mail, return receipt requested, first-class postage prepaid, (i) if to Landlord at 2917 Penn Forest Boulevard, P.O. Box 20809, Roanoke, Virginia 24018 and (ii) if to Tenant, at 110 Campbell Avenue, Suite =2{)I). Roanoke, Virginia 24011, and Room 250, Municipal Building, 215 Church Avenue, S.W., Roanoke. Virginia 24011, unless notice of a change of address is given pursuant to the provisions of this Article. 27. ESTOPPEL CERTIFICATES. Tenant agrees, at any time and fi.om time to time. upon not less than five (5) days prior written notice by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing (i) certifying that this Lease is unmodified and in Full force and effect (or if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications), (ii) stating the dates to which the rent and other charges hereunder have been paid by Tenant, (iii) stating whether or not to the best knowledge of Tenant, Landlord is in default in the performance of any covenant, agreement or condition contained in this Lease, and. if so, specifying each such default of which Tenant may have knowledge, and (iv) stating the address to which notices to Tenant should be sent pursuant to Article 26 hereof. Any such statement delivered pursuant hereto may be relied upon by any owner of the Building, any prospective purchaser of the Building, any mortgagee or prospective mortgagee of the Building or of Landlord's interest, or any prospective assignee of any such mortgage. 28. HOLDING OVER. In the event that Tenant shall not immediately surrender the Demised Premises on the date of expiration of the term hereof, Tenant shall, by virtue of' the provisions hereof, become a Tenant by the month at the monthly rental in effect during the last month of the term of this Lease, increased by (10%) percent, which said monthly tenancy shall commence with the first day next after the expiration of the term of this Lease. Tenant as a monthly tenant shall be subject to all of the conditions and covenants of this Lease. Ienant shall give to Landlord at least sixty (60) days' written notice of any intention to quit the Demised Premises, and Tenant shall be entitled to thirty (30) days' written notice to quit the Demised Premises,, except in the event of nonpayment of rent in advance or of the breach of any other covenant by the Tenant, in which event Tenant shall not be entitled to any notice to quit, the usual notice to quit being hereby expressly waived. Notwithstanding the foregoing provisions of this Article 29, in the event that Tenant shall hold over after the expiration of the term hereby created, and if Landlord shall desire to regain possession of the Demised Premises promptly at the expiration of the term of the Lease then at any time prior to Landlord's acceptance of rent from Tenant as a monthly tenant hereunder. Landlord, at its option, may forthwith re-enter and take possession of the Demised Premises without process, or by any legal process in force in Virginia. 29. RIGHT OF LANDLORD TO CURE TENANT'S DEFAULT. If Tenant defaults in the making of any payment or in the doing of any act herein required to be made or done bv Tenant, then Landlord may, but shall not be required to, make such payment or do such act, and the amount of the expense thereof, if made or done by Landlord with interest thereon at the annual rate of one percent (1%) above [First Union Bank]. prime rate of interest as determined by Landlord, in effect at and accruing from the first day of the first calendar month following the date payment was made by Landlord, shall be paid by Tenant to Landlord and shall constitute additional rent hereunder due and payable with the next monthly installment of rent; by the makin~ of such payment or the doing of such act by Landlord shall not operate to cure such default or to estop Landlord from the pursuit of any remedy to which Landlord would otherwise be entitled. If Tenant fails to pay any installment of rent on or before the tenth (10th) day of the calendar month when such installment becomes due and payable, Tenant shall pay to Landlord a late charge of' five percent (5%) of the amount of such installment and, in addition, such unpaid installment shall bear interest at the annual rate of one percent (1%) above First Union Bank. A prime rate of interest in effect at and from the date such installment became due and payable to the date of payment thereof by Tenant. Such late charge and interest shall constitute additional rent hereunder due and payable with the next monthly installment of rent. 30. LIEN OF PERSONAL PROPERTY. Landlord shall have a lien upon all the personal property of Tenant moved into the Demised Premises, as and for security tbr the rent and other Tenant obligations heretofore provided. In order to perfect and enforce said lien, Landlord may at any time after default in the payment of rent or default of other obligations, seize and take possession of any and all personal property belonging to Tenant which may be found in and upon the Demised Premises. Should Tenant fail to redeem the property so seized, by payment of whatever sum may be due Landlord under and by virtue of the provisions of this Lease, then and in that event, Landlord shall have the right, after ten (10) days' written notice to Tenant of its intention to do so, to sell such property so seized at public or private sale and upon such terms and conditions as to Landlord may appear advantageous, and after the payment of all proper charge incident to such sale, apply the proceeds thereof to the payment of any balance due on account of rent or other obligations as aforesaid. In the event there shall then remain in the hands of Landlord any balance realized from the sale of said property, as aforesaid, the same mav be retained by the Landlord and applied against accruing rents or paid over to or for the account o f Tenant. 31. BENEFIT AND BURDEN. The provisions of this Lease shall be binding upon, and shall inure to the benefit of, the parties hereto and each o ftheir respective representatives, successors and assigns. Landlord may fi'eely and fully assign its interest hereunder. 32. GENDER AND NUMBER. Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. 33. ENTIRE AGREEMENT. This Lease, together with any exhibits attached hereto, contains and embodies the entire agreement of the parties hereto, and representations, inducements or agreements, oral or otherwise, between the parties not contained in this Lease and exhibits, shall be of any force or effect. This Lease may not be modified, changed or terminated in whole or in part in any manner other than by an agreement in writing duly signed by both parties hereto. Exhibit A - Floor plan of Suite Exhibit B - Building Standards Exhibit C - Rules and Regulations 34. INVALIDITY OF PARTICULAR PROVISIONS. If any provision of this Lease or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provisions to persons or circumstances other than those as to which it is inxalid or unenforceable, shall not be affected thereby, and each provision of this Lease shall be xalid and be enforced to the fullest extent permitted by law. 35. INSURANCE AND INDEMNIFICATION. The Tenant shall maintain at its expense, throughout the Term, and all extenston thereof, insurance against loss or liability in connection with bodily injury, property damage, and destruction, occurring within the Leased Premises or arising out of the use thereof by the Tenant or ~ts agents, employees, officers or invitees. visitors or guest under one or more policies of general public liability insurance having the following I0 limits: of not less than $1,000,000.00 general aggregate, $1,000,000.00 products-comp Ops aggregate, $1,000,000.00 personal injury, S t,000,000.00 each occurrence, $50,000.00 fire damage (any one f ire) and $5,000.00 medical expense (any one person). Such policies shall name the Landlord, and Tenant (and at Landlord's request, any mortgagee) as insured parties, shall provide that they shall not be cancelable without at least thirty (30) days prior written notice to the Landlord (and at the Landlord's request any mortgagee). If Tenant shall not comply with this covenant to maintain insurance as provided herein, Landlord may, at its option, cause insurance as aforesaid to be issued and in such event, Tenant shall pay when due the premiums for such insurance as Additional Rent hereunder. The Landlord shall maintain throughout the term of the Lease and extensions thereot'. replacement cost with the agreed amount endorsed (no co-insurance) risk of direct physical loss coverage insurance with respect to the Lease Premises. Tenant will pay all excess insurance premiums (i.e. premiums in excess of the usual premiums for a nonhazardous risk) required to be paid the Landlord on the Leased Premises by reason of Tenant's use or occupancy thereof. In lieu of the insurance required by this Article, the Tenant, may provide evidence of self insurance. 36. MISCELLANEOUS ADDITIONAL PROVISIONS. (A) Environmental o Landlord represents there is no nonencapsulated friable asbestos or other hazardous materials in the building or the Demised Premises. Should non-encapsulated triable asbestos or other hazardous materials be discovered in the Building or Demised Premises, Tenant may immediately terminate this Lease, and the Landlord shall reimburse and indemnify the Tenant for any and all expenses incurred as of result of the Building and/or Demised Premises containing non-encapsulated friable asbestos or other hazardous material including, but not limited to, moving cost, any and all fines, civil penalties, and damages awarded against the Tenant as a result of such materials being located in the Building and/or Demised Premises, and all reasonable legal expenses, including attorney fees, incurred in defending claims against the Tenant as a result of the non- encapsulated friable asbestos or other hazardous material being located in the Building or Demised Premises. (B) Accessibility by the Handicapped - Prior to commencement of the initial term and delivery of possession, Lessor shall certify to Lessee in writing that the minimum requirements the Virginia Uniform Statewide Building Code pertaining to access by physically handicapped and aged persons have been met. As hereinafter used, the term "the standards" shall mean incorporate those standards issued or promulgated by the American National Standards Institute. entitled "American National Standard Specifications for Making Buildings and Facilities Access th lc to and Usable by Physically Handicapped People," ANSI-AIl7.1-1980, and the term "accessible" shall mean accessible to physically handicapped and aged individuals in accordance x~ ith thc standards. The minimum requirements are: ll If public or private parking is provided, at least one accessible parking space shall be provided as close as possible to an accessible route to the primary building entrance. 2. Walks used as accessible routes to the building shall comply with the standards. An accessible primary entrance to the building shall be at grade or ramped to grade in accordance with the standards. 4. An accessible entrance to the building shall comply with the standards. At least one accessible route (corridors and doors) to the demised premises shall comply with the standards. If support areas within the building (e.g., lunch rooms, cafeteria, etc.) are used bv Lessee, its employees or the public, such areas shall be accessible. If Lessee occupies floors other than the main floor of access to the building, at least one accessible elevator shall be provided. o Accessible public rest rooms for each sex shall be provided, preferably on all floors. As a minimum, accessible rest rooms shall be provided on the ground floor or the floor occupied by Lessee if the building is four stories or less in height. If Lessee occupies an area above the fourth floor, accessible public rest rooms for each sex shall be provided on the floor occupied by Lessee. If Lessee occupies more than one floor, at least one accessible public rest room for each sex shall be provided on at least every fourth floor occupied by Lessee. All corridors, doors and spaces in or about the demised premises and used by the public or employees of Lessee shall be accessible. 10. Directional signs complying with the standards shall be provided directing the public to the demised premises occupied by Lessee. 11. Where the foregoing standards for handicapped access conflict with applicable local ordinances, rules, or regulations setting forth standards for handicapped access, the more restrictive of the two shall govern. (C) q)ption to Renew - Tenant is granted the irrevocable option to renew this Lease for three successive terms of one (1) years. This option may be exercised by delivery of written notice of such intent to Landlord not later than three (3) months prior to the date of expiration of the preceding term. Should the Tenant exercise this option, rental payments for the three additional years.shall be increased or decreased based on the rent paid from March l, 200l through Februar>.' 28, 2002 with adjustments made in accordance with the Consumer Price Index. l£ 12. Landlord and Tenant have each executed this Lease under seal on the dav and year hereinabove written. . . LANDLORD: COMMONWEALTH BUILDINGS. A Virginia Limited Partnership By (SEAL) Title: TENANT: Attest: Mary F. Parker, City (SEM.,) CITY OF ROANOKE By Darlene L. Burcham, City Manager (SEAL) APPROVED AS TO FUNDS AVAILABLE APPROVED AS TO FORM Director of Finance Account No. Assistant City Attorney APPROVED AS TO EXECUTION Assistant City Attorney N 'CADCLeaR~L-Commoe 8uddini. t.OO.Ol l .3 EXHIBIT "B" "BUILDING STANDARDS" COMMONWEALTH PARK BUILDING ROANOKE, VIRGINIA Standard Work Provided by Landlord at Landlord's Cost and Expense Floors 2, 3, 4, and 5 Telephone and E1sctrical Outlets: One (1) duplex electric outlet per 125 square feet of rent- able space and one (1) telephone outlet for each 150 square feet of rentable space leased. Electrical outlets will be brought up from floor at points of the Tenant's need. Telephone will also be brought to point of need. Switches: One (1) single pole light switch per room on partitions. Switches in open area will be as the code requires. Floor Covering: Landlord will provide carpet from sample provided by Landlord. Ceiling: Suspended acoustic tile with exposed suspension system. Wallcoverinq: All interim par~itions and columns will be covered with vinyl coated wallpaper from a selection of building standard wallpapers. Alternative selections will be priced. Any overages selected by Tenant above standard allowance will be absorbed by Tenant. Windo~ Covering: Vez~lcal blinds on all windows facing mezzanine Lighting: Fully recessed fluorescent light fixtures designed to provide adequate lighting at desk level. Sivnnge: Any signage ~ust be approved by Landlord and at Tenant's sole cost. Exterior Door Lettering: Landlord will provide the suite number using a building standard character. Tenant is required to use the building standing lettering of the Landlord. Floor Load: Floors are designed for 50 pounds per square foot live load. 15 .7' : r EXHIBIT "C" RULES AND REGULATIONS COMMONWEALTH PARK BUILDING ROANOKE, VIRGINIA The following rules and regulations have been formulated for the safety and well-being of all the Tenants of the Building. Strict adherence to these rules and regulations is necessary to guarantee that each and every tenant will enjoy a safe and unannoyed occupance in the Building. Any repeated or continuing violation of rheim ruules and regulations by Tenant after notice from Landlord, shall be sufficient cause for termination of this Lease at the option of Landlord. The Landlord may, upon request by Tenant, waive the compliance by such Tenant of any of the foregoing rules and regulations, provided that (i) no waiver shall be effective unless signed by Landlord or Landlord's authorized agent, (ii) any such waiver shall not relieve such Tenant from the obligation to comply with such rule Or regulation in the future unless expressly consented to by Landlord, and (iii) no waiver granted to any Tenant shall relieve any other Tenant from the obligation of complying with the foregoing rulsl and regulations unless such other Tenant has received a similar waiver in writing from Landlord. 1. The sidewalks, entrances, passages, courts, elevators, vestibules, stairways, corridors or halls or other parts of the · uilding not occupied by any Tenant shall not be obstructed or encumbered by any Tenant or used for any purpose other than ingress and egress to and from the Demised Premises. Landlord shall have the right to control and operate the public portions of the Building, and the facilities furnished for the common use of the Tenants, in such manner as Landlord deems best for the benefit of the Tenants generally. No Tenant shall permit the visit to the Demise4 Premises or persons in such numbers or under such conditions as to interfere with the use and enjoyment by other Tenants of the entrances, corridors, elevators and other public portions or facilities of the Building. 2. No awnings or other projections shall be attached to the outside wills of the Building without the prior written consent of the Landlord. 3. ,O lign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by any Tenant on any part Of the outside or inside of the Demised Premises or building without the prior consent of the Landlord. In the event of the violation of the foregoing charge the expense incurred by such removal to ~he Tenant or Tenants be inscribed, painted, or affixed for. each Tenant by the Landlord at the expense of such Tenant, and shall be of a size, color and style acceptable to the Landlord. 4. No show cases or other articles shall be put in front of or af£1xed to any part of tho exterior of the Building, nor placed In the helle, corridors or vestibules without the prior written consent of the Landlord. 5. The water and wash closets and other plumbing fixtures shill not be used for any purposes other than those for which they were constructed, and no sweepings, rubbish, rags, or other lUbltSnceS shall be thrown therein. All damages resulting from any misuse of the fixtures shall be borne by the Tenant who, or whose servants, employees, agents, visitors or licensees, shall have caused the lame. 6. There shall be no defacing any part of the Demised Premises or the Building. No boring, cutting or stringing of wires 16 shall be permitted. Tenant shall not construct, maintain, use cr operate within the Demised Premises or elsewhere within or on the outside of the Building, any electrical device, wiring or apparatus in connection with a loud speaker system or other system. 7. No bicycles, vehicles or animals, birds or pets of any kind shall be brought into or kept in or about the premises, and no cooking of food shall be done or permitted by any Tenant on said premises. No Tenant shall cause or permit any unusual or objectionable odors to be produced upon or permeate from the Demised Premises. 8. No space in the Building shall be used for manufacturing, for the Itoragl of merchandise, or for the sale of merchandise, goods or property of any kind at auction. 9. No Tenant shall make, or permit to be made, any unseemly or disturbing noises or disturb or interfere with occupants of this or neighboring buildings Or premises of those having business with them whether by the use of any musical instrument, radio, talking machine, unmusical noise, whistling, singing, or in any other way. NO Tenant shall throw anything out of the doors or windows or down the corridors or stairs. 10. No inflammable, combustible or explosive fluid, chemical or substance shall be brought or kept upon the Demised Premises. 11. No additional locks or bolts of any kind shall be placed upon any of the doors, or windows by Tenant, nor shell any changes be made in existing locks or the mechanism thereof. The doors leading to the corridors or main halls shall be kept closed during business hours except as they may be used for ingress and egress. Each Tenant,' shall, upon the termination of this tenancy, restore to Landlord all keys of stores, offices, storage, and toilet rooms either furnished to, or otherwise procured by, such Tenant, and in the event of the loss of any keys, so furnished, such Tenant shall pay to the Landlord the costs thereof. 12. All removals, or the carrying in or out of any matter of any description must take place during the hours which Landlord or its Agent uny detersinm from time to time. The Landlord reserves the right to inspect all freight to be brought into the Building and to exclude from the Building all freight which violates any of these Rules and Regulations or the Laase of which these Rules and Regulations are a par~. 13. Any person employed by any Tenant to do Janitor work within the iMmisedPremises must obtain Landlord's consent and such person shall, while in the Building and outside of said Demised Premises, comply with all instructions issued by the Superintendent of the Building. 14. Landlord shall have the right to prohibit any advertising by any Tenant which, in Landlord's option, tends to impair the reputation of the Building or its desirability as a building for offices, and upon ~ritten notice from Landlord, Tenant shal~ refrain from or discontinue such advertising. 17 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@el.roanoke.va, us March 8, 2001 File #62-200-367-377 STEPHANIE M. MOON Deputy City Clerk Mrs. Beverly T. Fitzpatrick, Sr. 2425 Nottingham Road, S. E. Roanoke, Virginia 24014 Dear Mrs. Fitzpatrick: I am enclosing copy of Resolution No. 35229-030501 naming the Atrium in the Roanoke City Courthouse the "Beverly T. Fitzpatrick Atrium", in honor of the late Honorable Beverly T. Fitzpatrick, Sr., Judge, General District Court for the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, March 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Dr. J. Hayden Hollingsworth, 3804 Sunhaven Court, S. W., Apartment No. 615, Roanoke, Virginia 24018 D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Martha P. Franklin, Secretary, City Planning Commission N:~CKSHl~Agendas 2001\Corresp Marc~ 5, 2001 w0d 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35229-030501. A RESOLUTION naming the Atrium in the Roanoke City Courthouse in honor of the late Honorable Beverly T. Fitzpatrick, Judge, General District Court for the City of Roanoke. WHEREAS, Beverly T. Fitzpatrick was born on December 2, 1919, the youngest of four children of Frank and Maggie Fitzpatrick; WHEREAS, Judge Fitzpatrick attended Forest Park Elementary School, Monroe Junior High School, then Jefferson High School, where he earned his varsity letter for four straight years on the football field for the Jefferson High Magicians from 1935 to 1938; WHEREAS, Judge Fitzpatrick earned a football scholarship to Washington & Lee University and played as a starting guard from 1939 through 1942; WHEREAS, upon graduation from Washington & Lee University, Judge Fitzpatrick enlisted in the Navy and participated in amphibious operations in the invasion of Southern France and later took part in the invasion of Okinawa in 1945, then was honorably discharged as a Lieutenant; WHEREAS, Judge Fitzpatrick entered law school at Washington & Lee University in 1946, graduated under the two-year accelerated program, and then became an Assistant Commonwealth's Attorney under C. E. Cuddy; WHEREAS, Judge Fitzpatrick was appointed the successor to the Honorable Sam Price, Judge of Roanoke's Civil and Police Court at the age of 34 years, the youngest judge, at the time, to go on the bench; WHEREAS, Judge Fitzpatrick served in the judiciary with distinction for twenty-six years until his retirement in 1980, serving as Chief Judge of the Twenty-Third General District Court for the last seven years of his judicial career; WHEREAS, Judge Fitzpatrick was compassionate, fair, strong, dedicated, serious and sympathetic to the frailties of mankind, and became known for establishing an Honor Court in an effort to rehabilitate alcoholics; WHEREAS, after his judicial career, Judge Fitzpatrick continued to serve his community with devotion and relentless energy by spearheading the fund-raising necessary for the rehabilitation of his alma mater, Jefferson High School, and the creation of the Jefferson Center, leading the fund- raising efforts for the creation of the Roanoke War Memorial in the heart of downtown Roanoke, serving on the Board of Directors for the Transportation Museum, and teaching Sunday School at his church; WHEREAS, Judge Fitzpatrick married his childhood sweetheart, Helen Chewning, in 1943, and raised three sons, Beverly, Jr., Broaddus and Eric; and WHEREAS, Judge Fitzpatrick passed from this earth on September 16, 2000, and left behind a community of grateful citizens and leaders who continue to benefit from his altruism and selfless service. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Atrium of the Courthouse in the City of Roanoke is hereby named the Beverly T. Fitzpatrick Atrium, in accordance with the recommendation set out in the Planning Commission's letter dated March 5, 2001, to this Council. 2. The City Manager is directed to cause the appropriate signage to be placed to reflect the name of the Atrium as the Beverly T. Fitzpatrick Atrium. 3. The City Clerk is directed to forward a copy of this resolution to the widow of Beverly T. Fitzpatrick, Helen Chewning Fitzpatrick. ATTEST: City Clerk. HARTERED 1882~E 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 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request to name the Roanoke City Courthouse Atrium in honor of the late Judge Beverly T. Fitzpatrick Background: In late October, 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. Supporting materials are attached to this report. A copy of the material submitted by Dr. Hollingsworth was forwarded to the Planning Commission. Dr. Hollingsworth met with the Ordinance and Names Committee of the Planning Commission on November 16th and advised that he would be willing to meet with the president of the Roanoke Bar Association, as well as any of the local judges to discuss the matter. On November 27, 2000, letters were sent to G. Michael Pace, Jr., President of the Roanoke Bar Association, as well as The Honorable John B. Ferguson, Chief Judge of the Juvenile and Domestic Relations District Court; The Honorable Diane M. Strickland, Chief Judge of the Circuit Court; and The Honorable Julian H. Raney, Jr., Chief Judge of the General District Court. Written responses were received from Judges Strickland and Raney, and the Roanoke Bar Association (see attached). Judge Strickland did not offer any recommendation; Judge Raney advised that he would support the governing body's decision. The Roanoke Bar Association advised that they felt that the courthouse was larger than any single individual and recommended that another appropriate location be considered such as one of the General District courtrooms, the bar library, or the courthouse atrium. On December 21, 2001, the Planning Commission discussed the matter with Dr. Hollingsworth and with Mike Pace, President of the Roanoke Bar Association. The 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 (see attached) which advised that the Board of Directors declined to make a more specific recommendation to the Commission and further recommended that the matter be forwarded to City Council and the Judges of the 23rd Judicial Circuit for consideration and action. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Planning Commission again met on January 18, 2001 to discuss the request. Dr. Hollingsworth advised that he had considered the recommendations of the Bar Association and wanted to amend his request to ask that the public atrium of the courthouse be named after Judge Fitzpatrick. There was no opposition to the request. Recommendation: The Planning Commission recommended approval of the request by a vote of 4-0 (Messrs. Dowe, Hill, Manetta, and Rife voting for the motion and Messrs. Butler and Chrisman absent). Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission Attachments cc: City Manager City Attorney City Finance Director Dr, Hayden Hollingsworth 1615 FRANKLIN ROAD, S.W. POST OFFICE BOX 8159 ROANOKE, VIRGINIA 24014-0159 PHONE (540) 982-8204 FAX (5401 344-6898 Pt I1[ IP T. SI IIN[R. M.D.. F. ACC I01 IN V~ ~,TARR. ~,I.D. FA.( .C K)g£PII [. AUSTIN. M.D.. F.A.CC ROBERT E. RUDE, M.D.. F.A.C C JOIIN C LYSTASH. M.D.. KA CC FR.~NK ~. [NGI ~N[) M.D., F-~CC ~ II [I LM J. ~ [LCI I. M.D., f.A.( 8RENT W. CHAPMAN. M.D., FA.CC. IEFFRE~ S. TODD, M.D., FA.C.C. RODNEY W. SAVAGE, M.D., F.A.C C TERRENCE P. MA~ M.D., F.A.C C. MICHAEl S FENSTER. M.D, FA CC EMERITt IS ~ A)')EN ( N ~,W()RTFt M.D., F.A.('C NEW RIVER VALLEY HEART CLINIC 707 RANDOI PH STREET SUIF[ GlO1 R/\DFORD, VIRGINIA 2414I PHONE 1540~ 731-31~tl FAX 1540} 630-0664 A. UTAIR WYNE, M.D., F.,\.CC SUDFIENDLI CHOUBEY, M.D. ADMINISTRATOR JOHN W Mil LIRONE5 CONSULTANTS IN CARLJIOLOGY A DIVISIC'~ OF. PtgYS CLANS CARE 0£ VIRGINIA, P.C. Ms. Evelyn Lander, AICP Room 166, Municipal Building 215 Church Avenue. S.W. Roanoke, VA 24011 Dear Ms. Lander: 3804 Sunhaven Court Apt. 615 Roanoke, VA 24018 October 17, 2000 The headline in The Roanoke Times, September 17, 2000, read, "City Loses Judicial Giant Fitzpatrick." Unlike some headlines, that one does not overstate the case. Beverly T. Fitzpatrick was a man for all seasons. He was an outstanding father and husband, a mentor for countless young men in his Sunday school class, a citizen who was always looking for ways to improve our city. His service to the community and the country are well known to all and need not be re-stated here. If those were his only accomplishments, his would be a life worth emulating. But my friends and I are writing you concerning another dimension in his life: that of his role in the judicial system of Roanoke. While we have been blessed with many great judges, some of whom handed down far-reaching legal decisions, there have been none who brought to the bench the personal credentials Judge Fitzpatrick carried with such grace. Judicial courts are a fearsome place. When we are in court, we are in the midst of conflict; we are in the hands of others who will decide our fate. In the caring and careful hands of Judge Fitzpatrick, concern for the well-being of those before his bench, defendant and prosecutor alike, was always foremost in his mind. The genuine concern and love for humanity he showed in his role as Chief Judge of the Municipal and Chief Judge of the 23rd General District Court have not dimmed in our memory since his retirement in 1980. -. We believe that memory should live on in the naming of the Roanoke City Court House as The Beverly T. Fitzpatrick Court House. Because of the special qualities of kindness and concern he brought to the judicial system, it seems a fitting memorial that his legacy should remind us as citizens to do what he did so well--to care for one another. Enclosed are letters of support from leading citizens. I have supplied copies of the newspaper articles for your perusal, but I am certain that these facts, as well as many others, are familiar to you. I will be delighted to appear before the Ordinance and Naming Committee to answer any questions and discuss this with you. Thank you for your cooperation. Sincerely, · Haydeh'~ollingsworth, M.D., F.A.C.C. 1615 FRANKLIN ROAD, S.W. POST OFFICE BOX 8159' ROANOKE, VIRGINIA 24014-0159 PHONE (540) 982-8204 FAX {540) 344-6898 Pilll IP T >f lINER MD. L.\.CC. IOtIN k~. STARR &LD., R:\.C.C. IOSEPlt I, ,XUSTIN, MD. FA.C.C. ROB[RE [. RUDE, M.D.. FA,CC tOtlX C. LY~TASH, M D., FA.C.C. FR.~NK ~. ENGI ~ND M.D, ~11 [I XM I ~[IC~ I, M.D.F.A (~C BRENT W. CHAPMAN, M.D, FA.CC I[FFREY S. TODD, M,D., EA C.C, RODNEy W SAVAGE. MD.. FA.CC. T[RRENCE R MAY, MD, F.A.CC MICit~[I S. F[NSTER, MD., F.A.C,C. EMERITUS NEW RIVER VALLEY HEART CLINIC 707 RANDOLPH STREET SUITE (il01 RADFORD, VIRGINIA 24141 PHONE (S401 731-]1ql FAX 154016 Jcl-Ob64 A. UZAIR WYNE, M.D., FA.CC SUDItENDU CHOUBEY, MD. &DMINISTRATOR IOHN W, hill EIRONES CONSULTANTS IN CARDIOLOGY A DIVISIC~N OF: PFiYSICIANS CARE O/: V RGhN'IA, P.C. Ms. Darlene Burcham City Manager 215 Church Ave. Room 364 Roanoke, VA 24011 Dear Mrs. Burcham: 3804 Sunhaven Court Apt. 615 Roanoke, VA 24018 September 22, 2000 A group of community and civic leaders is interested in a fitting memorial to Judge Beverly T. Fitzpatrick, who passed away Sept. 16. Because of his long time service as Chief Judge of the Twenty-Third General District Court, it has been suggested that we petition the Mayor and City Council through the Department of Planning and Community Development to name the Municipal Court House at 315 Church Avenue in his honor. We have letters of support for this initiative which we will present to the appropriate committee of the Department of Planning.. I would appreciate your referral of this request to Ms. Evelyn Lander and we will look forward to hearing from her. I will be out of the city all of next week, but would be delighted to discuss this with you on my return on Sept. 30. You may reach me at 725- 1340. Thank you for the good work you are doing for our city and for your help in this memorial. Most Sincerely, J. Hayden Hollingsworth, M.D., F.A.C.C. cc: George C. Snead, Assistant City Manager for Community Development Evelyen S. Lander. Director, Department of Planning LAWRENCE L. KOONTZ, JR. JUSTICE POST OFFICE BOX 687 SALE:N, VIRGINIA 24153 September 21, 2000 Dear Mayor Smith and Members of Roanoke City Council: I am advised that consideration is being given to a proposal to name the Roanoke City Courthouse the Beverly T. Fitzpatrick Courthouse in honor of this longtime and distinguished jurist who was also a longtime city resident and community benefactor. I write in support of that proposal. Judge Fitzpatrick:had no equal as a role model well beyond the legal community. Indeed, he was a role model for good citizenship, toiling tirelessly and selflessly for the benefit of the city. The proposal to name the courthouse in his honor is altogether fitting and proper and I hope that it will be well received by City Council. Si~rely, / _ La~rence L. K_JFontz,~Jr. J~ ti ce LLK/sb a. VICTOr THOMAS 1301 ORANGE AVENUE. N.E. ROANOKE, VIRGINIA 240( 2 SeVEnTEENTH DISTRICT COMMONWEALTH OF VIRGINIA HOUSE Of DELegates RICHMOND September 18, 2000 COMMITTEE ASSIGNMENTS: CONSERVATION AND NATURAL RESOURCES (CO-CHAIR~ PRIVILEGES AN{~ eLECTIONS APPROPRIAtiONS RULES Mayor Ralph Smith and Roanoke City Council 215 Church Avenue Roanoke, VA 24011 Dear Mr. Mayor and Members of Council, I strongly support the naming of the courthouse for Judge Beverly T. Fitzpatrick, Sr. Judge Fitzpatrick served his community and his country all his life. His imprint on the Roanoke Valley includes the rescue of the Jefferson High School building and its transformation into the Jefferson Center. Early in his life, he served in the United States Navy, and later spearheaded the creation of the Roanoke War Memorial. His most lasting mark on the Roanoke Valley is the many lives that he touched in his years on the bench. Judge Fitzpatrick's was a compassionate court, one that sought to prevent repeat court appearances. He created a rehabilitation program for alcoholics that many of the people who appeared in his court credit with turning their lives around. Judge Fitzpatrick was well known and well respected by all the members of the General Assembly. I always held him in the highest regard. Judge Fitzpatrick served on the bench for twenty-six years, but his effect on the Roanoke Valley will last much longer than that. I believe that the naming of the municipal courthouse for Judge Fitzpatrick would be a fitting tribute to one who has had such a profound effect on so many of our citizens. Sincerely, Victor Thomas .Board of Directors Randall R. Rhea, M.D. President John M. Garvin, M.D. Ex 01~cio Sue Ellen Rocovich, Ph.D.,DO. Vice President Curtis E. Mills, Jr. Secretary Michael W. Wise Treasurer Estelle Nichols Avner Executive Director Kevin C. Kelleher, M.D. Medical Director A. Scott Anderson, III, D.D.S. Dental Director Thomas T. Palmer Counsel G. Steven Agee Regine N. Archer Judith J. Ashcraft Winifred C, Ballenger James L. Black, Jr., R.Ph. W. Jackson Burrows Wesley D. Gillock Thomas J. Harvey, R.Ph. Robert C. Heath, M.D. Richard J. Joachim, D.D.S. Suzy Lawrence George W. Logan R. Coleman "Sam" Reid George T. Richardson, D.D S. R. Douglas Ross, D.DS. James M. Sholes Helene Bowman Shumate A. Morris Turner, Jr. Barry Wolfe, D.D.S. September 21, 2000 The Honorable Ralph K. Smith 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Mayor Smith and Roanoke City Council Members, This letter is a request to consider naming the Court House at~er Judge Fitzpatrick. He was a man who inspired many. His outstanding legacy should be celebrated. In a society often burdened by troubled stories and unfortunate occurrences, it is rare that someone, especially a Judge, had the ability to maintain such an optomistic view of the world and his fellow man. It is my strong belief that we need to recognize his impact on this City through the lives that he touched and the institutions that he changed. The late Judge Fitzpatrick, one of the City's great heroes, was a beloved citizen whose mark on this City was broad, gentle and lasting. Judge Beverly T. Fitzpatrick was one of the City's most valued leaders and should be honored and remembered for generations to come. Sincerely, Randall R. Rhea, MD President Estelle N. Avner Executive Director 1240 Third Street, SW · Roanoke, VA 24016 Phone (540) 344-5156 · Fax (540) 342-0220 · www.freeclinic.net/bradley HEIDI F'. KRI~CH 5128 CROSSBOW CIRCLE: ROANOKE:, VIRGINIA 24014 September 22, 2000 The Honorable Ralph Smith, Mayor of Roanoke & Roanoke City Council 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor & esteemed City Council: This letter is written in support to name the Courthouse after Judge Beverly Fitzpatrick. I know you all attended his funeral and knew him personally, and are aware how much he meant to this community and how many people loved and admired him. We think naming the Courthouse after him would be a fitting tribute to an unselfish and much admired leader of our community. Thank you for your consideration! t Sincerely, Heidi Krisch & Jack Loeb WILLIAM R. ~LEIN 540-345-1155 1724 WILBUR ROAD S.W. ROANOKE, VIRGINIA 24015 His Honor the Mayor and Roanoke City Council Members: September 20, 2000 The gathering of friends of Beverly T. Fitzpatrick who came together at Second Presbyterian Church on Monday, September 18, 2000 to bid him a final farewell was a heart-felt tdbute to a gentle man whose life had such a lasting influence on the City of Roanoke. Rich and poor, young and old, lettered and unlettered, were united in a common tribute to this noble human being. This outpouring of affection will long live in the hearts and minds of 'the judge's' family and intimate friends, but with the passing of just a few years many will have forgotten the loving recognition evidenced in that memorial service. ^ lasting memorial, not soon to be forgotten, would be to affix the name of Beverly T. Fitzpatrick to Roanoke's Municipal Court House. I sincerely hope you will give this request your unanimous support. Most Cordially, William R. Klein, Pastor Emeritus Second Presbyterian Church Roanoke, Virginia JOHN $. EDWARDS COMMONWEALTH OF SENATE VIRGINIA COMMITTEE ASSIGNMENTS: COURTS Of JUS~CE September 19, 2000 Mayor Ralph Smith and Members of Roap..oke CiE, Com',.cil Roanoke Municipal Building Room 364 Roanoke, VA 24011 Dear Mayor and Members of City Council: I am pleased to support the idea of naming the Roanoke City Courthouse building in honor of the late Judge Beverly Thomas Fitzpatrick. Judge Fitzpatrick touched many lives in the Roanoke Valley and contributed so much to our community. Naming the courthouse in his honor would be an outstanding tribute to this fine gentleman and a fitting way to honor his memory. Best regards. JSE:arb Sincerely, John S. Edwards THE MEDICAL SOCIETY OF'VIRGINIA 4205 DOVER ROAD * RICHMOND, VIRGINIA 23221 · PHONE (804) 353-2721 * FAX (804) 355-6189 October 11, 2000 Mayor Smith and Members of the City Council City of Roanoke Virginia C/o Hayden Hollingsworth, M.D. 3804 Sunhaven Ct., Apt. 615 Roanoke, VA 24018 RE: Judge Beverly T. Fitzpatrick Dear Mayor Smith and Members of Council: As you know, a giant in the legal community has recently passed away, but also he was a giant in his interpersonal relationships and in community activities. I speak admiringly of Judge Beverly T. Fitzpatrick, and of the memory we all have of him in his various capacities to us as leader, Judge, family man, and friend. I have heard of an effort by the City to recognize Judge Beverly Fitzpatrick by naming one of the physical structures of our City, and of its court system, in memory of the Judge. I write in wholehearted support of the Judge himself, of his ongoing legacy to us all, and in support of naming the City Court House after the Judge: the Beverly T. Fitzpatrick Court House. Thank you for listening to my suggestion, and I believe it will be also the suggestion of many others! Lawrence K. Monahan, M.D., F.A.C.P. President, Medical Society of Virginia LKM:dsb PHILIP TKOMPETER., JUDGE 305 E. MAIN STREET SALEM, VIRGINIA 2~1153-,:K3~7 (5~)) 387-6[26 FAX (5,:10) 387-6231 TWENTY-THIRD JUi~ICI~(L DISTRICT OF VIRGINIA COMMONWEALTH OF VIRGINIA JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT FOR THE CITY OF ROANOKE JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT FOR THE coLrlqTy OF ROANOKE JUVENILE AND DOMESTIC RI!LATIONS DISTRICT COUP. T FOR. THE CITY OF SALLM October 9, 2000 The Honorable Ralph Smith, Mayor and The Honorable Members of Roanoke City Council Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, Virginia 24011 Dear Mayor Smith and Honorable Members of City Council, I am writing to respectfully request your support for honoring the late Judge Beverly T. Fitzpatrick, Sr., by renaming the Roanoke City Courthouse facility in his cherished memory. As you know, Judge Fitzpatrick has been a rock of this community since he began his service as a municipal judge, and he provided the finest judicial leadership and compassion for the citizens of Roanoke throughout his distinguished career. Judge Fitzpatrick epitomized the essence of judicial dignity through his work as the first district court judge to serve on the Committee on District Courts, which brought our district court system into the comprehensive and outstanding system which exists for all of us today. He was the paradigm for judicial involvement by reaching out into the community, through the establishment of his court program to assist alcohol-addicted citizens as well as outreach work for community groups. Even in retirement, he spearheaded the establishment of the Jefferson Center, which houses vital community support services for our citizenry. Finally and most importantly, he was the finest of human beings, extending help and heartfelt guidance for the thousands of lives he touched. He certainly touched mine, and we all loved him. It seems only fitting that our City should honor him by designating our courthouse facility in his name. I appreciate your kind consideration and support of this request. Sincerely, ~ Philip Trompeter, Judge PT:m CLIFTON A. (CHIP) WOODRUI~I POST OFFICE BOX 990 ROANOKE, VIRGINIA 24005 SIXTEENTH DISTRICT COMMONWEALTH. Of ,V, IRGINIA HOUSE Of DELEOATES RICHMOND COMMITTEE ASSIGNMENTS: CLAIMS (CO-CHAIR) GENERAL LAWS CORPORATIONS. INSURANCE AND BANKING MINING AND MINERAL RESOURCES October 12, 2000 The Honorable Mayor and Members Roanoke City Council 215 W. Church Avenue Roanoke, Virginia 24011 Dear Mayor Smith, Lady and Gentlemen: I am very pleased to recommend that the Courts building in Roanoke be named to honor the life and work of the late Judge Beverly T. Fitzpatrick. Judge Fitzpatrick labored long and hard for those citizens who came before Roanoke's court not of record. Over 90% of folks who have contact with our judicial system have that contact in the court not of record. Judge Fitzpatrick was instrumental in converting the court from the old "Trial Justice and Police Court" image into the Roanoke Municipal Court and finally into the Roanoke General District Court. He was on e of the original members of the Commonwealth's Committee on District Courts and worked constantly to improve the administration of justice throughout Virginia. But most importantly, Judge Fitzpatrick brought a personal concern to the administration of justice in Roanoke. He was a judge who believed in redemption and sought it for those who appeared before him. For the vast number of Roanokers who appeared before that court over the years, "The Judge" was synonymous with justice. And the image of that justice was compassionate, personal and caring. DISTRICT: (540) 98:~-5~547 · FAX: (540) 982'8750 · RICHMOND: (804) (~cJ8-1016 The Honorable Mayor and Members Roanoke City Council Page Two October 12, 2000 I hope you will name the building after Judge Beverly T. Fitzpatrick. With kindest regards, I am Sincerely yours, / Clifton/~. Woodmm CAW/cjc JEFFERSON ENTER BOARD OF DIRECTORS Beverly T. Fitzpatrick, Sr. Chairman James Atkinson Elizabeth T. Bowles John P. Boyle, Jr. G. Frank Clement Warner Dalhouse Lacy L. Edwards, Jr. Heywood Fralin Edwin C. Hall Heidi E Krisch Joseph S. Logan, III J. Tyler Pugh June Leonard Simmons Donald G. Smith Charles E. Speck Jane M. Stephenson Maury L. Strauss Carroll E. Swain Evelyn S. Turner Richard S. Whitney, Jr. Gordon C. Willis, Sr. Janet P. Burrow President & CEO October 10, 2000 The Honorable Ralph Smith and Members of Council 215 Church Avenue, Room 452 Roanoke, VA 24011 Dear Mayor Smith: I wholeheartedly support the effort being made by many of our most dedicated leaders to name the city's courthouse after Judge Beverly T. Fitzpatrick. Judge Fitzpatrick not only established a broad reputation as one of our most effective jurists in gaining rehabilitation for the convicted and indicted who came before him but he became a much revered community leader after retirement from the bench. Perhaps his most visible project was the restoration of the Jefferson High School building into a performing arts, education and human services center, a remarkable community asset that simply would not have happened without Bev Fitzpatrick. He was as universally admired and loved as any leader we have ever had. I hope you and the members of council will agree to this most appropriate recognition for this long and fruitful community service. Sincerely, Warner Dalhouse 541 Luck Avenue, SW Roanoke, Virginia 24016 P: 540-343-2624 F: 540-343-3744 jcenter~rbnet.com NCOLOGY AND HEMATOLOGY ASSOCIATES OF SOUTHWEST VIRGINIA INC W. Abe Andes, M.D. William A. Fintel, M.D. Jack R. Hutcheson,Jr., M.D., F.A.C.P. Lowell F. Inhorn, M.D. Stephen S. Kennedy, M.D., F.A.C.P. Harry E. McCoy, M.D. Suzan R. Merten, M.D. Paul D. Richards, M.D., F.A.C.P. Stephen H. Rosenoff, M.D., F.A.C.P. Robert M. Rotche, M.D., F.A.C.P. Gerald L. Schertz, M.D. Daniel S. Temeles, M.D. September 22, 2000 Ralph Smith Mayor, City of Roanoke 215 Church Avenue SW Rm: 452 Roanoke, VA. 24011 Dear Mayor Smith: Although Judge Beverly Fitzpatrick was certainly a public figure in Roanoke, I did not have the privilege of meeting him until I was asked by his personal physician, Dr. Lawrence Monahan, to become the Judge's oncologist after Judge Fitzpatrick had been diagnosed with lung cancer. In the subsequent five intense months, I came to know the Judge and his family well and saw in fine detail the wonderfully warm, courageous, and thoughtful man that was at the base of the upstanding, just, and civic-minded public servant who contributed so much to Roanoke throughout his eighty years. I understand now that there is a move afoot to name the city courthouse in Judge Fitzpatrick's honor. I am writing to you and, through you, to the members of the City Council to urge your support in this effort. Judge Fitzpatrick combined unflinching integrity with a sense of duty, compassion, hard work, a sense of humor, devotion to family, and service to his God. His name atop the city courthouse would clearly declare that here is a place not only where judgments will be made, but where justice will be served. I appreciate your consideration to this manner of paying homage to one of Roanoke's best. Sincerely yours, Stephen S. Kennedy, M.D., F.A.C.P. MAIN OFFICE: 2013 South Jefferson Street · Roanoke, Virginia 24014 · (540) 982-0237 · Physician Ret~,'ral (800)422-8482 · Fax (540) 982-2719 Central Business Office: 2800 Electric Road, Suite 105 · Roanoke, VA 24018 · (540) 772-0103 2900 Lamb Circle, Ste. 200 · Christiansburg, VA 24073 · (540) 731-1488 180 Floyd Ave. · Rock), Motmt, VA 24151 · (540) 489-6522 590 Westridge Road · Wytheville, VA 24382 · (540) 228-76(;,5 100 SI)otswood Drive · Lexington, VA 24450 · (540) 463-7765 1621 Whitfield Drive ° Bedibrd, VA 24523 · (540) 586-5770 2955 Market St., Suite 5 · Christiansburg, VA 24073 · (540) 381-5291 2400 Lee Highway ° Pulaski, VA 24301 · (540) 994-8580 1900 Electric Road, Ist Floor ° Salem, VA 24153 · (540) 774-8660 Alleghany Regional Hospital · Low Moor, Va 24457 - (540) 8(;2-2.4,0 204 East Washi,~gton St. · Lexington. Va 24450 · (540) 774-86(30 ," ~,!~ ~.GOODLATTE 6TH DISTRICT, VIRGINIA 2240 RAYBURN HOUSE OFFICE BUILDING ' 'tASHINGTON, DC 20515-4606 (202) 225-5431 FAX (202) 225-9681 www.house.gov/goodlatte talk2bob@mail.house.gov ASSISTANT MAJORITY WHIP CHAIRMAN, HOUSE REPUBLICAN HIGH TECHNOLOGY WORKING GROUP CO-CHAIR, CONGRESSIONAL INTERNET CAUCUS Congress of the United States House of Representatives September 26, 2000 COMMITTEE ON AGRICULTURE CHAIRMAN, SUBCOMMI~FEE ON DEPARTMENT OPERATIONS, OVERSIGHT, NUTRITION, AND FORESTRY SUBCOMMITTEE ON LIVESTOCK, DAIRY, AND POULTRY COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY SUBCOMMITTEE ON THE CONSTITUTION SUBCOMMITTEE ON IMMIGRATION The Honorable Ralph Smith Mayor City of Roanoke 215 Church Avenue, S.W. Suite 452 Roanoke, Virginia 24011-1521 Dear Mr. Mayor and Members of City Council: I write to you in support of the proposal to name the Roanoke City Courthouse in honor of the late Judge Beverely T. Fitzpatrick, Sr. It is my understanding that Dr. J. Hayden Hollingsworth intends on presenting this proposal for consideration by the Roanoke Planning Commission and Council. It is my deephearted belief that there is no more fitting way to honor the memory of Judge Fitzpatrick than naming the Courthouse for him. Judge Fitzpatrick was a steady, caring, common-sense man on the bench who left an indelible mark on the area's legal system. He spent almost 20 years as the city's chief municipal judge before being appointed as chief judge of the 23rd General District Court. He helped organize the general district court system and served in it until retiring in 1980. His pioneering work in rehabilitation for alcoholics brought before his court was widely praised. After retiring from the bench, he intensified his involvement in community affairs including, but certainly not limited to, rehabilitation of the former Jefferson High School. When Judge Fitzpatrick passed away on Saturday, September 16 the City of Roanoke lost one of its favorite sons, one of its biggest promoters, and one of its finest citizens. I strongly encourage you to support naming the Roanoke City Courthouse in his memory. []2 SOUTH MAIN STREET SUITE A, FIRST FLOOR HARRISONBURG, VA 22801-3707 (540) 432-2391 FAX (540) 432-6593 [] 916 MAIN STREET SUITE 300 LYNCHBURG, VA 24504-1608 (804) 845-8306 FAX (804) 845-8245 10 FRANKLIN ROAD, S.E. SUITE 540 ROANOKE, VA 24011-2121 (540) 857-2672 FAX (540) 857-2675 PRINTED ON RECYCLED PAPER [] 114 NORTH CENTRAL AVENUE STAUNTON, VA 24401-3307 (540) 885-3861 FAX (540) 885-3930 page 2 The Hon. Ralph Smith September 26, 2000 With kind regards. RWG:pl CCi The Hon. Bill Carder The Hon. Bill Bestpitch The Hon. Nelson Harris The Hon. Alvin Hudson The Hon. Bill White The Hon. Linda Wyatt Dr. J. Hayden Hollingsworth Member of Congress Barton W. Morris · 514 Cassell Lane Roahoke/Virginia 24014 September 20, 2000 The Council of the City of Roanoke Municipal Building Roanoke, Virginia 24011 Dear Nembers.:.~fCouncil: I consider it a privilege to be invited to Join with others in recommending that the Roanoke City Courthouse be named for the late Judge Beverly T. Fitzpatrick. It would be a most fitting memorial · to one who did so much for his community. Judge Fitzpatrick and I were classmates at Jefferson High School and at Washington and Lee University, where at the latter we were also fraternity brothers. Few knew him better than I. He was indeed a wonderful, caring person. As executive editor and later publisher of Roanoke's daily newspapers.I was very much awar~ Of what went on in Judge Fitzp~trick!.s court and as a fellow member of Second Presbyterian Church I had the good fortune to work with him on a number of projects. In all these things, he was always able to bring a large measure of humor and humanity, putting people at ease and gaining their confidence and respect. The. courthouse ia a wonderful old building, where as cit~ hall reporter I once roamed its halls and cove~ed city council meetings. To honor Bev Fitzpatrick by naming it for him is I think, a splendid idea and one that would please his family immensely. I urge you to take this step not only for Bev but for the building itself which gain~a new lustre. Jcerely, He i of'.-war :during , :'Of ~ ,::of Roanoke"for five'.3~ears Vir' ~ glma.'.:Hc :,sc..ryexl on'many and :~'state',boa~ds¢' ~d ,m~t: ~centl3~ was · .~:appomtcit Prcmdcnt of thc Jcffdrson 5!:siblc.for: thc restoration, of:Jefferson ~;~High:~.School.: H,.~was elected v Fa-. '~{iRuling :.El-dcr"a~! .{.there ;.fdr £wenty,-two:~'-years. :~Thc: .~ !Awed inj996 .for outriding ;~hcld,:'eac'h"}Th~. sdal~:',"izight [ for :mir,. · ~-teen.ieiirs. Those'whO :will rejoi.ce in' ~ hs'ai~s~n6~'~ th~iflives'are hi4 wife of 57 ~ars,i:I-!~i¢]i:CheWning' 'Fitz- :? patrick; their's0hs; Beverly Th6mas .. Fitzpatrick, Jr.;'Broaddus. Chewning· ;: Fkzpittrick [and ::Eri~; vest,s ~ Fiti-': ~=i~at~iCk,.i' jam?'.~ Grcenawalt :and }s. Kelaey~Greenawalt. A mem0dal aer- · ; vice will.be.held at Second Pr~sby, ? tefiafi' ~ht~eh'l I 'itSn?Mofida].'..wiih "' .{ Dr:: Geo~gd' C!'l,;q/iderlo'i 'officiating2 'ir Fridnds may .(;~all fr6m 7 to 9 ~.m: ! .Sunday at Oakey'a Roanoke Chapel. ' ,i' In 'lieu_ of flowers;i the..~family sug- '2 g~sig that m~ui6iidl'gifts be.ha.dc t© "the!'Jeffeilml~ 'C~riter F0hffdation,.' P,. ~' O. 'Box 8571 R6anoki;'Va..'24014 Or !:thc.:SeCond: Presby'terian': Church.. i(:Memofial.Ffind,',214 Mountain'^ye; Jud . Beverly Fitzp. atr k's endeanng and en'danng legacy Whether presiding over a court hearing or a community project, he brought a gentle demeanor to public service. RETIRED JUDGE Beverly T. Fitz- patrick Sr., who died Saturday, likely Considered the Jefferson Center his most successful rescue mission. Saving his old high school from ruin -- personally raising much of the money for its renovation into a center for performing arts and community-service agencies -- be- came the judge's crusade following his retirement in 1980 after nearly three decades on the bench as chief judge of Roanoke's Municipal Court and chief judge of the 23rd General District Court. But the judge's legacy of salva- tion is not just the Jefferson Center's bricks and mortar. It includes count- less lives of alcoholics, drug addicts and others who had strayed onto paths of destructive behavior and who desperately needed guidance to thad their way back to sobriety and/or law-abiding productivity. Fitzpatrick, practicing "tough love" before the phrase became part of the lexicon, compassionately pro- vided that guidance whenever he could. As a judge, he pioneered a re- habilitat, ion program for alcoholics, offering many he sentenced for .alcohol-related offenses the choice of jail or attending "honor court" ses- sions patterned after Alcoholics Pa~onymous meetings. In 1971, some of those who had been through his honor court paid tribute to the judge for saving their lives from the demon of addiction. Many fandly members of those who were hailed into his courtroom on various charges can 'also attest to the kindness and understanding that Fitz- patrick extended to them. Fitzpatrick was a devoted family man. Married for 57 years to his wife, Helen, he was the father of Eric Fitz- patrick, a prominent regional artist; Broaddus Fitzpatrick, a local attor- ney; and Beverly Fitzpatrick Jr., a former Roanoke city councilman and vice mayor, now a vice president at Ferrum College. The judge, a lay leader at Second Presbyterian Church where he taught Sunday school for many years, was named Father of the Year for Reli- gious Activities in 1963 by the Roanoke Chamber of Commerce and, among many other honors, he also received the Roanoke Jaycees' Dis- tinguished Citizen Award in 1974. Fitzpatrick, as both a judge and community leader, brought a gentle demeanor and a moral dimension to public service for which he will long be remembered. If Roanoke had a Hall of Fame for its most beloved citizens, the judge would be among its inductees. The Roanoke Times, TuesOay, September 19, 2000 B3 More than 700people attend funeral Fitzpatrick eulogized as judge, leader, joker His funeral service was punctuated with laughter; his minister said anything else would have been "completely inappropriate." By HUNTER ARMSTRONG THI", ItOANOKt:' TLIII,L'q "Have you heard tile one about the lawyer... With one-liners beginning like that, the Rev. George Anderson built his Monday eulogy for Bev- erly Fitzpatrick Sr. around the late judge's reputation as a practical joker. The minister's punch lines also reflected Fitzpatrick's other accomplishments: veteran, com- munity leader and man of God. Al~derson spoke to all over- flow crowd at Fitzpatrick's funeral at Secmtd [h'esbyterian Church ill l{oanoke. More than 700 people came to pay their respects, filling thc church's sanctua~'y and choir loft. Others watched the ,10-minute service by video t'ced to other parts {~1' the church. Fitzpatrick, who died Saturday at age 80, spent almost 30 years as u judge in Roanoke's Municipal Court and 23r(1 General District Court. Fitzpatrick could have pur- sued a higher judgeship or retir;~d from the court for a more lucrative career as a lawyer, Anderson said in an interview. But he felt he Was in a position where he cou/d do what he wanted, which was help people. "He didn't seek to be gte:at, but he became great because he sought, to serve,"/kndel'son said. After retiring in 1980, the judge helped create the Roanoke War Melnorial and then spent t0 years raising money to convert his ahna mater, Jefferson High School, into an arts and commu- nity center called the Jefferson Center. Fitzpatrick Hall, a recepti6~ hall at the center, is named for the judge in honor of his community service. .~derson said Fitzpatrick's fl'lends and family will remember him for his laughter and his jokes: "He always had a joke. It was just like him," gunderson said. Even his funeral service was punctuated by bursts of laughter. Anythkng else, 3a~derson said "would have been comDletel:g inappropriate." Hunter Armstrong can be reached at 981-3341 or huntera@roanoke.com Military retirees fight ' ~ ' Nature takes for their benefits on slower pace First in a series in autumn SUNDAY, SEPTEMBER 17, 2000 SINGLL C©P': gi.5C madness City loses judicial giant I:'ltzpatrick Thc ,Jcfl'prsoll Cclltcr Roanoke LVm' Memorial were two prujccts [3everiy '[. FitzpatrM< Sr. spearheaded. By BEN B~GLE and MIKE YTt/:' Itt L [.V~ ~A'I:' 'I'I.W..',~' Beverly T. Fiizlm~rick Sr. -- a World War II vek, ran who in'ac- [~ccd humanity t~ u .lu(tgc ti{ rt'lirclHClll ~ dic({ car[y N;tttlr- wtm 80. tl'i;'l ('*}HI'I .hi(igc .lack k'{,txltc:. t"itzlmtrid~ scrvt'd lin chiel'jtatgc l{~};tlll}kt."s MulliCii)al (:tltlI'l I'l',qli )--itz;¢3t.r~ck ,, i,J,,'i .;nil,.2,,' t'c [ il'c,,l i'roln ti) ilclt~ pctq~h'." satJd t*'hz- PLEASE SEE FqZP~THICk, FROM ;.,1 ,. Frtzpatrick ~-egional artist. Eric Fitzpatrick ~aid it hurt his father to hand down ~ sentence. "He took it :~ersonally.' ~ Fitzpatrick served as a U.S. ~[Na%y officer in the amphibious ~orps in the European and Pacific ~theaters during World War II. He i~erved in the invasions of Southern ~.~rance and Okinawa. He was hon- '~)rahly discharged ~fith the rank of '~ieutenant. He earned a bachelor's degree "la ~from W~mhington and Lee Univer- ',~ity in 1,943 and returned there i~fter World War II to get his law ~legree. ~ Fitzpatrick's sons Broaddus, a '~awyer. and Bev .Ir., vice president ~or institutional advancement at ~'errum College, described a '~2hristmas when their father had ~entenced a man to.jail. The judge ~and his family gave toys and their ~wn Christm,'m ham to the man's :'~ ( wife anu ~nildren. Their father also shoveled coal in thc basement so the jailed man's family would have heat. "He knew what his duty was," said Sam Garrison, a Roanoke lawyer and former Roanoke Com- monwealth's attorney. "Neverthe- less, he was so able to empathize with people and he understood human frailty." Known to his three sons and many friends as "the .judge," Fitz- patrick pioneered a rehabilitation program for alcoholics as chief judge of the municipal court. Day after day, Fitzpatrick saw drunks come before him and he saw that jail sentences did little to stop them. In 1966, he borrowed an idea from a Des Moines, Iowa, judge and brought it to Roanoke. Fitzpatrick gave people con- victed of alcohol-related offenses the choice of jail or attending an "honor court" on Thursday nights. It was a sort of court-enforced meeting of Alcoholics Anonymous and was backed by that organizatior, Attendees received wooden tokens which they would later show as proof that they had attended thc required number of weeks. Fitzpatrick -- a nondrinker -- attended most of the sessions of his honor court. When Fitz- patrick retired in 1980, the pro- gram ended. He has said he regretted his honor courts didn't continue. "He brought a lot of people around to being sober and responsible cttizens, Coulter~md. Some of the people who had been through that court paid Fitz- patrick tribute in a 1971 session in which recovering alcoholics said the judge's idea had saved them. According to the rules, the people who spoke remained -, VIRGINIA LOTTERY ROUNDUP Saturday's Cash 5 o~Y o~.e ~i~ o~.a Saturday's Cash 5 D~ FORR~ULTSONI~FOtI~E: PRESS7777 1.17 18 23 35 41 42I 981-01 O0 in the Roanoke Valley, 382-0200 in the New River Valley [ 9 4 0 9 2 2 'He was so able to empathize with people a,d he understood human frailty.' SAM GARRISON ROANOKE LAWYER ;lnol/ylnou: One n'~ called him "town drur "Withou judge sitti; tonight, dead." Th( praised th at a dinn night had sober for ()ne ycar. Fitzp liked lo sa: mol his ~5I'e. Hehm Ch when he w,ms 5 years -Id a ried her when he wtm 28, i After his retirement fr bench. Fitzpatrick didn't cling with his ~4fe ms he } he might. Nor did he spin time at the family's secon on Smith Mountain l,ake, x built with his sons. Instead, he dedicated his time to giving back to he cherished. First. he spearhead thc croation Roanoke War Memorial heart of downtown. Next, 10 years raising money renovation of.Roanoke's ferson High School into .Jefferson Genter for the 1 lng arts and community agencies. "It w,mq like a cmsm son Broaddus Fitzpatrick. Judge Fitzpatrick ha, football for the Jeffers, School Magicians and h senior class president THE FORECAST Roanoke Valley and Bedford-Franklin: Sunny today. High 70 to 75. Clear tonight. Low 45 to 50. Mostly sunny Monday. High 75 to 80. New River Valley: Sunny today. High 65 to 70. Mostly clear tonight. Low 40 to 45. Mostly sunny Monday. High 70 to 75. Extended: Partly cloudy Monday night. Low near 50. Partly cloudy Tuesday with a chance of showers and thunderstorms. High in lower to mid- 70s. Partly cloudy Wednesday with a chance of showers and thunderstorms. High in mid- 70s. Low in mid- 50s. Partly cloudy Thursday with a chance of showers. High in mid- 70s. Low in mid-50s. ALMANAC Temperatures/humidity Hicjh Sunday ..................... 69 Low Sunday ...................... 59 Record high yesterday ....... 97 in 1991 Record Iow yesterday .42 in 1984 Humidity ............ :..53% at 8 p.m. The Sun ~Rises to, day ................. 7:03 a.m. WEATHER WATCH 6( 90s FRONTS: The forecast for noon today AROUND THE NATION City Hi(Jh Low Pcp Fc$t. Albany, NY ............... 68.. 46 ........ cloudy castle-like, grand, old bui Campbell Avenue Soutl' had long been abar replaced by two city hig? born out of racial integra' He felt a lot of nostal~ old school. Heidi Kris( paign chairwoman for tl man Performance Hall at ter, described a visit with~ to the old auditorium bef, been renovated. "He, in words, described to me beautiflfl hall this used to Fitzpatrick served : dent of the Jefferson Foundation until his dca ing almost $2 million project and doggedly ~ ~enants from the ar~s c~ and social serv/ce orga~ "Most, if not all. of the ~ anLs were a direc! rest efforts," said Jane Ste :ation. dees wooden rich they .er show :hat they :.ied the lltilllbel' atrick -- inker -- most of ms of his art. n Fitz- 'He was so able to eml)ctthize with people and he understood human /}'ailty. ' SAM C~RRISON ROANOKE LAWYER etired in 1980, the pro- tded. fie has said he bis houor courts didn't b,',aght a lot of pcupie to bciug sober and :~le citizens," Coulter said. ? al' the people who hud mgh dmt court paid l"itz- .'ibutc in a 1971 session in ~cuvering alcoholics sititl :'s idea had saved them. n'ding to the rules, the who spoke remained :mated:.LOtt0 jaSkPot . was $:2.,;5 mi!li0h?~; Friday ~:Big G~e :; numbers were':2;: 6;:: 10, 26 :and 39; :Big :' MoneyBall: 3;:No ticket matChed:all of Thc forecast for lltItII/ today AROUND THE NATION High Low Pcp FcSt. al tonylnous. One ntan who called himself the "town drunk" saki: "Without this judge sitting here tonight, l'd be dead." Those who praised the judge at a dinner that night had all been sober for at least one year. Fitzpatrick hked to say that he met his wife, Helen Chewning, when he w~ ~ years old and mar- ried her when he w~ 23, m 1943. After his retirement from the bench, Fitzpatrick didn't go trav- eling with his ~t'e as be had said he might. Nor did he spend much time at the Family's second house on Smith Mountain Lake, which he built with his sons. Instead, he dedicated much of his time to giving back to the city he cherished. First, he helped spearhead the creation of the Roanoke War Memorial in the heart of downtown. Next, he spent 10 years raising money l~r the renovation of. Roanoke's old Jef- ferson High School into today's Jefferson Center for the perform- lng arts and community service agencies. "It wins like a crusade," said son Broaddus Fitzpatrick. Judge Fitzpatrick ha(l played l~otball for the Jefferson High School Magicians and had been senior class president at the c~tle-like, grand, old building on Campbell Avenue Southwest. It had long been abandoned, replaced by two city high schools born out of racial integration. He felt a lot of nostalgia for his old school. Heidi Krisch, cam- paign chai[moman for the Shaft- man Peri, finance Hall at the cen- ter, described a visit with the judge to the old auditorium before it had been renovated. "He, in glowing words, described to me what a beautiful hall this used to be." Fitzpatrick se[wed as presi- dent of the Jefferson Center Foundation until his death, ada- lng ahnost $2 million for the project and doggedly recruiting to,taRts frolll {he arts community and social sol, ice organizations. "Most, if not all, of the early ten- ants were a direct result of his that came in a h u m o n g ott s respo'nsi bi'lily," said Stephenson. "He stayed involved to the rely last minute." On the %Vail of Honor" at the center, there is a portrait of Fitz- patrick, done by his artist son, Eric. Those who watched Fitz- patrick in his court (lays recall a jurist who was fair, serious and likely to interrupt questions laden with too much legalese with an explanation that was easy for a wimess to understand. Former Roanoke World-News columnist Mike Ives watched Fitz- patrick in court one day in 1971 and wrote: '.'When you have your day in court with Judge Fitz- patrick, you get your money's worth.., no matter who you are, what color you are or how much money you have in the bank." In 1957, he and his sort Bev- erly Jr. were featured in Parade magazine as the ideal father-son team. His sons describe him as a gentle, loving man who told them he loved them from the time titat they were little. "There were so many facets to his character," Eric Fitzpatrick said. "It wasn't like he was n'dssing any piece." ":4... Fitzpatrick was good with his hands ~ as he often said his sons £itzpatrick served as president o/' the Je/ferson Center Foundation until his death raising al'most 82 million for the project. were. Tile baSh- merit of ids ilotlSe at Nottingham Road Southea'st was his workshop, where he did cab- inet work a~cl fashionecl such things im a D-foot battleship. ., When he wins a y o u Fitzpatrick built. working model of a raih'oad x~q'ecker ti~at drew crowds when it w~ dispiay~d town store window. He also was a t'am'ier of oki cars. The judge's pea-grecl~ antique Studebaker stood out visitors on Nottingham Road. Fitzpatrick was a tongtime meinber of Second Presbyterilm Church, where be taught Sunda5 school. BetUre his appomtn~ent the bench, he se~x'ed ;ks an assis- tant Commonwealth's attorney i~ Roanoke and prosecuted severai · high-profile c~es. ~ a Municipal Coum judge, w~ on a committee timt devised the current General District Court system, which replaced the Mm~icipa[ Court. Fitzpatrick also setwed on thc board of what is now t[te Trans- portation Museum of Western Vir- ginia. "He was an outstanding soul," said Eric Fitzpatrick. "I've met his equal." Mike Alien can be reache~ at 981-3341 or mikeaOroanoke.com CcOo eeef ;aL, U Ce ; 'rts More.q · iS})w xen'ittg delicious daily lu/ldws with flavored c'pffec/ E/~oy ow' variety of /lomemade desse/'lx * High Tea from 3 'til 4 pm Complete with sandwiches ~ BHtish biscuits/ } Fine Gifts and C dles Galore c0berr' 5877 Cloverdale Road ~~ 540-977-3500 Gardcv god Monday-Saturday lOam-9pm JULIA,'4 M. P,-A~EY. JR., JUDGE 315 ~*. CHUR,CF-[ AVENUE SECOND FLOOR. R.OANOKE, VIRGINIA 24016-500Z 'I-WENTY-THIRD JUDICIAL OF VIR. GINIA COMMONWEALTH OF VIRGINIA DISTRICT GENEICAL DISTRICT COURT FOR THE CITY OF ROANOKE GENERAL DISTRICT COURT FOR THE COUNTY OF ROANOKE GENERAL DISTRICT COURT FOR THE CITY OF SALEM November 28, 2000 Evelyn S. Lander, Agent Roanoke City Planning Commission Room 166, Municipal Building 215 Church Avenue SW Roanoke, VA 24011 Dear Ms. Lander: Thank you for your letter dated November 27, 2000 regarding the request to rename the Roanoke City Courthouse. I will be out of town on December 21, 2000, so I will not be present at the Planning Commission meeting. I am happy to leave this matter in the capable hands of those in the city government who have responsibility for making such decisions. JHR/edp The Honorable D'~ane McQ Very truly yours, ~Raney, r.~ Strickland TWENTY-THIRD JVDI IAT_, CIRCUIT OF VIRGINIA DIANE MCQ. STRICKLAND. CHIEF JUDGE ROANOKE COUNTY COURTHOUSE 30!5 EAST MAIN STREET SALEM. VIRGINIA 24153 (540) 3,57-6270 (540) 3,57-621',5 FAX COMMONWEALTH OF" VIRGINIA CIRCUIT COURT FOR THE COUNTY OF ROANOKE CIRCUIT COURT FOR THE CITY OF ROANOKE CIRCUIT COURT FOR THE CITY OF SALEM December 12, 2000 Ms. Evelyn S. Lander, Agent Roanoke City Planning Commission Room 155, Municipal Building 2:[5 Church Avenue, S.W. Roanoke, VA 240:[1 RECEIVED DEC 1821 Re: Renaming the Roanoke City Courthouse Dear Ms. Lander: Planning and Code Enforcement Thank you for your correspondence of November 27 inviting participation in the discussion regarding the renaming of the Roanoke City Courthouse. I have communicated with the other circuit judges regarding this matter and respond on their behalf to advise that we respectfully decline to participate in the discussion or offer any comments in writing. Thank you for having invited our input. With kindest regards. Very truly yours, Diane Strickland DMS/rd cc: The Honorable Roy B. Willett The Honorable Clifford R. Weckstein The Honorable Richard C. Pattisall The Honorable Robert P. Doherty, .Ir. · .The.Honorable .lonathan M. Apgar ' The Honorable .Iulian H. Raney, .lt. .i. Hayden Hollingsworth, M.D., P.A.C.C. ROANOKE BAR ASSOCIATION December 14, 2000 HAND DELIVERED Evelyn S. Lander City of Roanoke Department of Planning and Community Development 215 Church Avenue, Room 166 Roanoke, VA 24011 FECEIVED Planning 'and Code Enforcement Re: Proposal to Rename the Roanoke City Courthouse after the Late Judge Beverly T. Fitzpatrick Dear Ms. Lander: Thank you very much tbr your letter of November 27. The members of the Roanoke Bar Association very much appreciate the opportunity to comment on the proposal to rename the Roanoke City Courthouse after the late Judge Beverly T. Fitzpatrick. . We also appreciate the appropriate manner in which Dr. Hayden Hollingsworth and others have suggested that the Courthouse be renamed in Judge Fitzpatrick's honor. The Roanoke Bar Association honored Judge FiTzpatrick with the presentation and ~adopt~on of a' memorial resolution at its meeting on Tuesday, December 12. A copy is enclosed. The : resolution was prepared and presented to the members of the Association and to the Fitzpatrick ' family by the Honorable Jack B. Coulter. Without question, Judge Fitzpatrick was an outstanding jurist, lawyer, devoted father, community leader, and an exemplary role model for everyone with whom he came in contact in every facet of his life. His is the perfect example of a balanced life lived well. While many, many others have contributed greatly to the legal profession and this community, Judge Fitzpatrick set the standard for others to emulate. The members of the Board of DirectOrs of the Roanoke Bar Association have considered the proposal at its meeting on December 12. The Board is supportive of the concept of having an appropriate public place named in Judge Fitzpatrick's honor. We believe that Judge Fitzpatrick would agree, however, that the Courthouse is larger than any one individual. { W:~nonlegal\unk\unkX00745809.DOC } Evelyn S. Lander December 14, 2000 Page 2 Perhaps naming the General District Court or some other portion of the Courthouse, such as the Roanoke Bar Library or the Atrium, would be an acceptable alternative. We ask that the members of the Roanoke City Planning Commission consider and recommend an appropriate place bearing Judge Fitzpatrick's name as a fitting tribute to his legacy. I understand that the Planning Commission will consider the proposal at its meeting on December 21. Please share this le[ter with the members of the Planning Commission and anyone else you deem appropriate. With best wishes for a happy holiday season and a prosperous new year, I am Yours sincerely, GENTRY LOCKE RAKES & MOORE · 'c ael Pace, Jrl, President ~~ GMP:lgh C: Roanoke Bar Association Board Members J. Hayden Hollingsworth, M.D., F.A.C.C. { W:XnonlegalXunk\unk\O0745809.DOC } This may be a little long-but the subject is beyond measure. MAY IT PLEASE THIS SPECIAL COURT AND THE JUDGE WHO IS NOT HERE: By your leave, I come as a member of the Greatest Generation to pay due tribute on behalf of us all to one of the Greatest of any Generation: Past, Present or Future. Beverly Thomas Fitzpatrick came into this world on December 2, 1919, the youngest of four children of Frank and Maggie Fitzpatrick. He left us physically on September 16, 2000. His indomitable spirit, noble character and significant accomplishments, however, live on as enduring inspiration and example for each of us--and for those to come. The Judge grew up in northwest Roanoke, attended Forest Park Elementary School and then Monroe Junior High. He was known as the "Northwest Boy". He went on from Monroe to begin an outstanding football career earning his varsity letter for four straight years at Jefferson High School during the gridiron seasons of 1935 thru 1938. He graduated from Jefferson in 1939, the President of his Class and voted the Most Popular in the Senior Mirror for that year. He remained one of the most popular and respected of Roanoke's citizens throughout the rest of the Century. He earned a football scholarship to Washin~on & Lee at a time when the Generals were a major football power at a weight of 175 pounds. Bob McLelland, Roanoke's Most Outstanding Sports Writer of the era, once wrote that he packed more fight and power in those 175 pounds than any player of such size that he ever knew. Bev played four years for W & L as a starting guard: 1939 thru 1942. Bev joined the Navy after earning his B/A Degree from W & L in June 1943, going to the Midshipman School at Notre Dame. As a young Ensign on December 30, 1943 he married the girl for whom he had carried books at Forest Park. He participated in amphibious operations in the invasion of Southern France in the European Theater of World War II and later took part in the invasion of Okinawa in 1945. While at W & L he was elected into the ODK leadership fraternity, was president of his Kappa Sig Fraternity and was President of W & L's famous Fancy Dress Ball in 1943, playing the role of George Washington. He kept the mantel of Washington for the rest of his life, not first in war or first in peace but first in the love of his countrymen. As the leader of this costume ball, he had to lead his classmates in the opening dance, but he claimed he didn't know how to dance. Preparing for the assi~munent, however, he would drive over to Hollins where his Martha Washington (affectionately known as Chew) tried to teach him- -but to little avail. And so, while leading the dance before hundreds of his classmates and their dates at the opening night, he stepped all over Martha's feet. With his quick wit, hoxvever, he broadcast aloud to Chew for many to hear: "If you don't dance any better than that, I'II stop bringing you over here." In those days Route 11 from Lexington to Hollins was known as the Fitzpatrick- Chewning Expressway. , Later, on his return to W & L to enter law school in 1946 with Helen, Biff, his first child vms born. The Judge continued his activities in student affairs heading the 1948 Mock Convention, 'then playing the Republican Role, and brought many of the leading political figures of the day to Lexington vying for the prestigious nomination to oppose Harry Truman. Upon graduation in 1948 under the two year accelerated program, Bev was appointed Assistant Commonwealth's Attorney serving under the highly respected Buck Cuddy. In 1954, upon the death of Sam Price, Judge of Roanoke's Civil and Police Court, Bev was appointed his successor at the age of 34, believed to be the youngest Judge at the time to go on the bench in the State. He served with incomparable distinction for 26 years until his retirement in 1980, serving as Chief Judge of the 23rd General District Court for the last seven years of his judicial career. He was, in a word, a "human" judge, compassionate, dedicated, and sympathetic to the frailties of mankind. His greatest mark as a judge was the establishment of an Honor Court in an effort to rehabilitate alcoholics--the product of his own mind, resources and spare time. "Jail or Honor Court" was almost a daily ritual, giving an alcohol-related offender the opportunity to break the habit by attending a session every Thursday night for the length of the time imposed in order to receive counseling in overcoming the habit, to demonstrate a week's abstinence, and to continue his job or obtain help in getting one. It was spectacularly successful and brought many misfits of society around to being sober and responsible citizens. He was the epitome of St. Paul's charge to the Romans: "He who is strong ought to bear the failings of the weak." (Rom. 15:1) His Honor Court and, of course, the Jefferson Center, were and are the major accomplishments of his selfless life, although there were many more such as his devotion to his church, his efforts toward bringing the War Memorial into being, his work on the Transportation Museum and his loyalty to W & L and his Kappa Sigma Fraternity. Being a doer, he was also an incredible maker of things in the workshop at his home--a 9-foot battleship in perfect reproduction being one of his latest examples. The Judge created Jefferson Center almost single-handedly at first. For the last fifteen years of his life, with daily devotion and relentless energy, the Judge brought the old Jefferson High School into a cultural center and home for civic enterprises and private functions. It has been perhaps the greatest single asset given to this City and Community by the work and genius of one man in the Century just ended. To further catalogue examples of this man's devotion to his fellowman, to continue to eulogize the nobility of his character and the depth of his soul, some of you who did not know him would say enough--enough. But I have saved reference to his greatest legacy to the last and that is, with 'the equal help of his girlfriend of 72 years, they have given us three of the finest sons this Valley has produced. Biff, Broady and Eric. And with that I close with the words of Wordsworth: . WHO IS THE HAPPY WARRIOR? WHO IS HE THAT EVERY MAN ALIVE SHOULD WISH TO BE? It is the generous spirit, who, when brought Among the tasks of real life, hath wrought Upon the plan that pleased his boyish thought: Whose high endeavors are an inward light That makes the path before him always bright: Who, with a natural instinct to discern What knowledge can perform, is diligent to learn; Abides by this resolve, and stops not there, But makes his moral being his prime care; XXX Who, not content that former worth stand fast, Looks forward, persevering to the last, From well to better, daily self-surpassed; Finds comfort in himself and in his cause; And, while mortal mist is gathering, draws His breath confident of Heaven's applause: This is the Happy Warrior; this is he That every man alive should wish to be And so we end this tribute to the fr/end of us all and my Big Brother at W & L and to our Happy Warrior: THE MOST HONORABLE BEVERLY T. FITZPATRICK WHEREAS, the following Memorial to our Happy Warrior having this 12th day of December, 2000 been presented to the Roanoke Bar Association, BE IT RESOLVED that it be hereby adopted as a record of our affection, esteem and respect for our departed colleague and friend, and of our heartfelt sympathy to his devoted wife and family; that it be duly recorded in the Records of this Association and that copies with appropriate resolution be sent to whomever the President might direct. Mr. President: I proudly move the adoption of this Memorial Resolution. Jack B. Coulter Attorneys at Law 540.985.9500 Facsimile 540.985.9400 GENTRY LOCKE RAKES & MODRE A Limited Liability Partnership Direct Dial: (540) 983-9312 c-mail: mike_pace @ gentrylocke.com January 5, 2001 10 Franklin Road, S.E, Post Office Box 4001 $ Roanoke. Virginia 24022-001 www. gentrylocke, com By Hand Delivery Evelyn S. Lander City of Roanoke Department of Planning and Community Development 215 Church Avenue, Room 166 Roanoke, VA 24011 Re: Proposal to Rename the Roanoke City Courthouse after the Late Judge Beverly T. Fitzpatrick Dear Ms. Lander: At its meeting on December 21, 2000, the Planning Commission asked the Roanoke Bar Association to make a more specific recommendation with respect to the naming of a public place after the late Judge Beverly T. Fitzpatrick. As you are aware, the Roanoke Bar Association is involved in this process only because you requested our comments on the proposal made by Dr. Hayden Hollingsworth to name the Roanoke City Circuit Courthouse in honor of Judge Fitzpatrick. The Board of Directors of the Association has considered the Planning Commission's request and declines to make a more specific recommendation. The naming of public places is not wit.bin the juri'sdiction of the Association, but rests with Roanoke City Council with respect to municipal buildings, and with the circuit judges of the Twenty-Third Judicial Circuit with respect to courthouses under their control. See Dawle¥ v. City of Norfolk, 159 F. Supp. 642 0E.D. Va.) aff'd. 260 F.2d 647 (4th Cir. 1958), cert. den. 359 U.S. 935 (1959). As stated previously, given Judge Fitzpatrick's large contributions to this community, both as a jurist and as a civic leader, the Roanoke Bar Association is supportive of the concept of the naming of an appropriate place after him. However, as we said, we believe that the courthouse is larger than any single individual. We had previously suggested the naming of some other place for him, such as one of the General District courtrooms, the Roanoke Bar Library, or the atrium of the courthouse. We leave it to the Planning Commission, City Council and the judges of this circuit to determine which, if any of these, is appropriate. { W:hNONLEGAL\UN KXlJN KX00748675 .DOC } GENTRY LOCKE RAKES & MCCRE Evelyn S. Lander January 5, 2001 Page 2 Of this we are certain. Judge Fitzpatrick would not want the naming of a public place for him to become a public spectacle. We very much appreciate the opportunity to comment on the proposal. With best regards for the new year, ! am Yours Sincerely, LOCKE RAKES & MOORE G. Mich~ GMP:lgh CC: Roanoke Bar Association Board of Directors J. Hayden Hollingsworth, M.D., F.A.C.C. The Honorable Diane McQ Strickland { W:~IONLEG AL\UN I~UNIO}0748675 .DOC } MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk March 8, 2001 File #51 David A. Bowers, Attorney 335 W. Church Avenue Roanoke, Virginia 24016 Dear Mr. Bowers: I am enclosing copy of Ordinance No. 35217-030501 amending certain conditions presently binding upon a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive and Marr Street, identified as Official Tax No. 2270223, which property was previously conditionally rezoned pursuant to Ordinance No. 32701-102395 adopted by the Council of the City of Roanoke on October 23, 1995. Ordinance No. 35217-030501 was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2001, also adopted by the Council on second reading on Monday, March 5, 2001, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Hershberger, LLC, 650 Hershberger Road, N. W., Roanoke, Virginia 24017 Mr. and Ms. Barney Younce, 2602 Hebert Street, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Oral Thomas, 2601 Hebert Street, N. W., Roanoke, Virginia 2402 Binh Van They and Thi Nguyen, 2602 Marr Street, N. W., Roanoke, Virginia 24012 Mr. Bryon S. Webb, 3712 Grandview Avenue, N. W., Roanoke, Virginia 24012 N:\CKSHl'~Agendas 2001\Corresp March 5. 2001 wpd David A. Bowers, Attorney March 8, 2001 Page 2 pc: Mr. and Mrs. Lynelle Franklin, Jr., 2531 Marr Street, N. W., Roanoke, Virginia 24012 Park Town Apartments Ltd. Partnership, c/o Avenham Associates, 875 N. Michigan, Suite 1350, Chicago, Illinois 60611 First National Bank of Rocky Mount, P. O. Box 309, Rocky Mount, Virginia 24151 Ms. Candy Andrews and Mr. Steven Brown, 2524 Mart Street, N. W., Roanoke, Virginia 24012 Delores Phillips, Executive Director, Williamson Road Area Business Association, P. O. Box 5892, Roanoke, Virginia 24012-0892 Matt Hawkins, President, Williamson Road Action Forum, 2431Dorchester Drive, N. W., Roanoke, Virginia 24012 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 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. WHEREAS, VFW Post #1264, Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive, N.W., and Marr Street, N.W., being designated as Official Tax No. 2270223, which property was previously conditionally rezoned by the adoption of Ordinance No. 32701-102395, adopted October 23, 1995; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 20, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this recommendation made Council, after considering the aforesaid application, the to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon a tract of land lying on the west side of Grandview Avenue, N. W., between Empress Drive, N.W., and Marr Street, N.W., and being designated as Official Tax No. 2270223, and the matters presented at the public hearing, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that {}{}36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 227 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Fourth Amended Petition to Amend Proffers filed in the City Clerk's Office on February 20, 2001, and as set forth in the report of the Planning Commission dated February 20, 2001. ATTEST: City Clerk. H:\ORD-KEZ\OAP-VFW (Grandview) PH-02-20-01 Roanoke City Department of Plann~ and Code Enforce~e'l~' Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us February 20, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request from VFW Post #1264, represented by David A. Bowers, attorney, that the proffered conditions on a tract of land lying on the west side of Grandview Avenue, N.W., identified as Official Tax No. 2270223, be amended. Background: In October 1995, this property was conditionally rezoned from RS-3, Residential Single-Family, to C-1, Office District, for the purposes of constructing a child day-care center according to a proffered development plan. The day-care center was never constructed. The property remains C-1, Office District, and is still subject to the conditions of the previous rezoning which are: "That the property will be developed in substantial conformity with the site plan prepared by Keith Somers, dated July 22, 1995, a copy of which is attached to the Petition for Rezoning, as Exhibit B, subject to any changes required by the City during site plan review." In May 2000, the property was requested to be rezoned from C-1, Office District, to RS- 3, Residential Single-Family, for the purposes of constructing ten single-family homes. After public hearings by the Planning Commission and City Council, the request was denied. Concerns expressed during the hearings included the number of houses proposed for construction, the number of entrances proposed from Grandview Avenue, the absence of sidewalks from the development plan, and opposition from neighborhood residents. VFW Post 1264, Inc., currently has a contract to purchase the subject property for the purposes of constructing a new meeting facility. Contract purchaser desires to retain the existing C-1 zoning, but amend the proffered conditions in order to provide for a revised development plan to accommodate the proposed facility. Roanoke City Planning Commission Architectural Review Board Board of Zoning ~eals A petition requesting amendments to the proffered conditions on the property was filed on December 6, 2000. A Third Amended Petition was filed on February 13, 2001. The proposed proffered conditions are: "That the property will be developed in substantial conformity with the site plan prepared by James K. Clem, dated December 20, 2000, and attached to this Petition as Exhibit A, subject to changes required by the City during development plan review. In addition to the improvements shown on the site plan, the petitioners shall provide a 5-foot wide, concrete sidewalk and a 2-foot wide planting/utility strip immediately adjacent to Grandview Avenue, for the length of the property on Grandview Avenue. The sidewalk shall be constructed by the petitioners to applicable city standards and dedicated to the city for public use. In addition to meeting the City's requirements for landscaping and buffering on the property, the landscape trees shown on the attached site plan shall be indigenous, deciduous species that are a minimum of 3-inches in caliper size at the time of planting. 2. "The Petitioner agrees that all utilities on site shall be located underground." "The Petitioner agrees that the principal building shall consist of brick or a finished wood siding with a brick masonry foundation. Roof pitch shall be a minimum ratio of four/twelve." The neighborhood and civic organizations for the area are the Williamson Road Action Forum and the Williamson Road Area Business Association. Leaders of both organizations have been notified of the proposed request to amend proffered conditions. On January 16, 2001, staff received a letter from the Williamson Road Area Business Association in support of the request. It is staff's understanding that the petitioner has contacted the Williamson Road Action Forum to discuss the project with area residents. To date, staff has not received communication from the Williamson Road Action Forum. Planning Commission public hearing was held on February 15, 2001. Mr. Jim Clem, addressed the Commission on behalf of VFW Post No. 1264. Mr. Clem explained that since the last petition was filed, additional changes had been requested by the City Attorney's Office to clarify the proffered conditions in the Third Amended Petition to make them enforceable. Specifically, the City Attorney's Office advised that Proffer No. I is not enforceable. The location of the 2-foot wide planting strip or the 5-foot wide concrete sidewalk is not identified either in the text of the petition or the proffered site plan. In addition, the petition did not specify how or when the sidewalk would be dedicated to the City for public use. Furthermore, while the petition states that "landscape trees" are shown on the site plan, no feature on the site plan is so labeled. Finally, there is no assurance that the proffered landscape trees will be maintained after they are planted. Mr. Clem advised that he was prepared to submit a Fourth Amended Petition to resolve any issues; however, the owner of the property had not yet signed the new petition and it had not been filed with the City. After discussion of the proffered conditions and comments by the Assistant City Attorney, Mr. Clem agreed to make requested changes and proceed with executing and filing the Fourth Amended Petition. Mr. Nell Holthouser presented the planning staff report and recommended approval of the rezoning request. Considerations: The subject property is located in a transitional area between residential and commercial uses. The property is bounded by RS-3, RM-1, RM-2, and C-2 zoning districts. ^ large multi-family apartment complex is located immediately west of the subject property; a bank and convenience store are located north of the property at the intersection of Grandview Avenue and Hershberger Road. The area south and east of the property consists primarily of single-family housing. The petitioner proposes to construct a 6,000-square-foot assembly hall on the site with 40 full-size parking spaces, seven compact parking spaces, a 1500-square foot picnic shelter and a 50-square foot bus stop on private property. After consulting with Planning staff, the petitioner agreed to locate the assembly hall on the northern end of the property near existing commercial uses. The picnic shelter will be located on the southern end of the property near existing residential uses. The picnic shelter will be surrounded by approximately 1,000 square feet of open space. The central portion of the property will consist of a paved parking area, set back approximately 40 feet from Grandview Avenue and landscaped with trees. Utilities are available to adequately serve the proposed development. Storm water management will be required to be handled on site in accordance with city development regulations. Traffic entrances and estimated traffic volumes associated with the development are acceptable to the City Traffic Engineer and are not expected to create traffic concerns. Sidewalks on the west side of Grandview will be required to be constructed as part of Comprehensive Development Plan review. The proffered site plan does not show sidewalks; however, the Petition includes a written proffer stating that a 2-foot-wide planting strip and a 5-foot-wide concrete sidewalk will be constructed on private property along Grandview Avenue. The City's Comprehensive Plan recommends that neighborhood character and environmental quality should be protected. Possible changes in land use or new development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Recommendation: Planning Commission recommended by a vote of 5-0 (Messrs. Hill, Rife, Chrisman, Butler, and Dowe voting in favor of the motion and Mr. Manetta absent) that City Council approve the request to amend the proffered conditions on the property with the understanding that a Fourth Amended Petition, discussed at the Planning Commission public hearing, would be filed prior to the City Council hearing. The rezoning request is consistent with the City's Comprehensive Plan and would have minimal effect on the surrounding residential neighborhood. The inclusion of sidewalks would be beneficial to the neighborhood and re-location of the principal building on the northern end of the site near existing commercial uses would provide a development with greater open space at the southern end of the property, adjacent to the residential uses, Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission Attachments cc: Darlene Burcham, City Manager William Hackworth, City Attorney George C. Snead, Jr., Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney David A. Bowers, Attorney for the Petitioner 4 VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE FOURTH AMENDED PETITION Zoning of a tract of land lying on the West side of Grandview Avenue, N.W., between Empress Drive and Marr Street, designated as Official Tax Number 2270223, with zoning to remain C-i, Office District, subject to certain amended conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, VFW POST 1264, INC., has under contract subject to rezoning and special exception, land in the City of Roanoke, Virginia, containing 1.488 acres, more or less, located on Grandview Avenue, N.W., Tax Map Number 2270223; said tract is currently zoned C-1 with certain conditions; a map of the property as zoned C-1 is attached as Exhibit A to the original petition filed herein. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979) as amended, the Petitioner requests that the said property proffers currently applicable to said property, as accepted by City Council by Ordinance No. 32701-102395, be amended for the purposes of constructing and operating a VFW Post 1264 lodge. The Petitioner believes the current zoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide the needed services to the VFW Post D^¥~DA. SOWERS 1264 without significantly affecting the current nature of ATTORNEY AT LAW ROANOKE, VIRGINIA the neighborhood. a.2. 2/19/01 ss/re DAVID A. BOWERS ATTORNEY AT LAW ROANOKE, VIRGINIA Attached as Exhibit B to the original petition are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to, and immediately across a street or road, from the subject property. The Petitioner hereby proffers and agrees that the zoning be subject to and the Petitioner will abide by the following AMENDED conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by James K. Clem, dated February 13, 2001 and attached to this Petition as Exhibit C., subject to changes required by the City during development plan review. The sidewalk shall be constructed by the petitioners to applicable city standards. Before a temporary or permanent certificate of occupancy is issued for the proposed use, the petitioner will file with the Circuit Court Clerk for the City of Roanoke, a sub-division plat dedicating the sidewalk and planting/utility strip to the City of Roanoke. In addition to meeting the City's requirements for landscaping and buffering on the property, the landscape trees shown on the attached site plan shall be planted and maintained on the subject property by the property owner. The landscape trees shall be indigenous, deciduous species that are a minimum of 3-inches in caliper size at the time of planting. 2/19/01 ss/re DAVID A. BOW~'RS ATTORNEY AT LAW ROANOKE. VIRGINIA 2. The Petitioner agrees that all utilities installed within the proposed utility strip and on the site shall be located underground. 3. The Petitioner a~rees that the exterior materials of the principal buildin~ shall consist of brick or a finished wood siding with a brick masonry foundation. Roof pitch shall be a minimum ratio of four/twelve. WHEREFORE, the Petitioner requests that Ordinance No. 32701-102395, be repealed to the extent that it accepts certain proffers, and that the property be hereinafter subject to the above conditions as requested, in accordance with the provisions of the Zonin~ Ordinance of the City of Roanoke. Respectfully submitted this~-~-O/day of February, 2001. YFW POST 1264, INC. /J6hn T. Pr_~.?p~vi~ . '~VFW Post 1264 Commander VFW Post 1264, Inc. 3805 Melrose Avenue, N.W. Roanoke, Virginia 24017 540-982-2165 David A. Bowers VSB #18128 335 W. Church Avenue Roanoke, Virginia 24016-5007 (540)345-6622 Counsel for Petitioner WE JOIN IN THIS PETITION Double T. Associates T.D. ~St~le President/Partner 2/19/01ss/re DRIVE ADJOI/~ING PROPERTY OWNER LISTING Address of subject property: Grandview Avenue, N.W Applicant's Name: VFW Post 1264 Adjoining Property Owners This list as follows are those property owners who own property beside, behind, or across the street from the subject property noted above: TAX NUMBER OWNER OR OWNERS 2271014 Hershberger, LLC 1650 Hershberger Rd. N.W. Roanoke, Virginia 24017 2271019 Bonnie M. & Mildred M. Younce 2602 Herbert Street, N.W. Roanoke, Virginia 24012 2271024 Oral & Yong Thomas 2602 Herbert Street, N.W. Roanoke, Virginia 24012 2271029 Bini~ Van They Thi Nguyen 2602 Marr Street, N.W. Roanoke, Virginia 24012 2271113 Byron S. Webb (Webb Motors, Inc) 7106'Williamson Road, N.W. Roanoke, Virginia 24019 2270230 Lynelle Franklin, Jr. Gloria J. Fra-klin 2531 Marr Street · Roanoke, Virginia 24012 2270208 Park Town Apartments Limited Partnership c/o Continental Wingate Associates 1 Charles River Place Needham, MA 02494 2270233 First National Bank of Rocky Mount 1722 Hershberger Road, N.W. Roanoke, Virginia 24012 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times BOWERS, DAVID A. 335 W CHURCH AVE ROANOKE VA 24016 REFERENCE: 80025761 01602826 grandview empress ma State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this /~ day of FebruarF^2001. Wi~nesDomy hand and official seal.__~_~_~ , Notary Public My commission expires ~__~_~__~_~__. PUBLISHED ON: 02/02 02/09 TOTAL COST: FILED ON: 199.00 02/14/01 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Put, mint to the prov~lons of Article ~q! ~' C~ 36~1, (1979), as m~nended, the Court- bom a Public Hasting on Tues- day, Februar~ 20, 2001, at 7:00 p.m., In .the Council Chamber in the Municipal Bulldin& 215 Ch.urch Avenue, S.W., on the queatlon of amending proffered conditions presently b~ndlng upon a tract of land lying on the we~ ~ of Grandvlew Avenue, N.W., bat~ue~ Emlxe~ Drive, N.W., and Mart Street, N.W,, ~ de~natnd as ~ T~x No. 2270223, as asr f~rth In Ordi- nance No. 32701-102395, adopted October 23, 1995. ' A.copy of this pro~, whlc~ is schedulnd to be hasrd by ~he mlaslofl on 11~ur~d~y, ~ 15, 2001, at 1:30 p.m. Iff City amended at Umt masUn~ Is available for public In~ in the Office of the City Clink, All partlas in'Interest my appear on the above date and If you are 8 pemon vdth a dis. al~lity who hasps asconu~oda- GIVEN under my hand thl~ 31~t ~ F. Parker, City C~e~k~ (16O2826) Autho - Signa~.-~___~_~_/,g_~_~~ , Billing Services Representative 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 8, 2001 File #51 Maryellen F. Goodlatte, Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 35218-030501 rezoning two tracts of land located at 3034 and 3042 Brambleton Avenue, S. W., identified as Official Tax No. 1650903 and 1650946, from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2001, also adopted by the Council on second reading on Monday, March 5, 2001, and will be in full force and effect ten days following the date of its second reading. Sincerely,/~~ C_,,iC~C~~t,~_' Mary F. Parker, City Clerk MFP:sm Enclosure pc: Mr. and Mrs. Dennis O. Guthrie, Jr., 3022 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Ms. Alberta G. Richards, 3026 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Mr. Lynn M. Hawkins, 3027 Hollowell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Curtis Fuller, 1942 Brandon Avenue, S. W., Roanoke, Virginia 24015 Maryellen F. Goodlatte, Attorney March 8, 2001 Page 2 pc: JRN Chicken Stores, c/o Savage, Savage, and Brown, P. O. Box 22845, Oklahoma City, Oklahoma 73123 Mr. Edwin A. Chaney, c/o Ms. Misty Meadows, 3033 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Roanoke Valley LLC, P. O. Box 12203, Roanoke, Virginia 24023 Mr. and Mrs. Richard Moore, 3048 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. John S. Williams, 3063 Timberlane Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Ronkeith Adkins, 3057 Timberlane Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs.'Charles Coffey, 3049 Timberlane Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Joel McCubbin, 3041 Timberlane Avenue, S. W., Roanoke, Virginia 24018 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 N:\CKSHl~Agendas 2001~Con'esp March 5. 2001 wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 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. WHEREAS, Lorna M. Hall has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 20, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1 - 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land located at 3034 and 3042 Brambleton Avenue, S.W., and designated on Sheet No. 165 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1650903 and 1650946, respectively, be, and are hereby rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on January 17, 2001, and that Sheet No. 165 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-REZSO-Rez- Hall- Brambleton Ave-PH-2-20-0 l HARTERED 1L2~ Roanoke City Department of Plar~nij~g and Code Enforce~ht .... :;Roor~ 166, Municipal Building : ~' ,~ 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 ,., Emcti!;- plqgr~inQ~j~_, i.roanoke va.us February 20, 2001 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Lorna M. Hall, represented by Maryellen F. Goodlatte, Attorney, that property located at 3034 and 3042 Brambleton Avenue, S. W., designated as Official City Tax Nos. 1650903 and 1650946, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain proffered conditions. Background: Subject properties consist of approximately 1.5 acres and are currently zoned RS-3, Single Family Residential. Petitioner requests that the properties be rezoned to C-2, General Commercial District, subject to certain conditions, in order to use the two existing residential structures on Brambleton Avenue for commercial purposes. An existing C-2 district is located across the street. Initial petition to rezone was filed on December 7, 2000. First Amended Petition was filed on January 16, 2001. Second amended petition was filed on January 17, 2001. Proffered conditions are as follows: That the property will be developed in substantial conformity with the Development Plan made by David Perfator, dated December 6, 2000, revised January 9, 2001, and attached to this petition as Exhibit B, subject to any changes required by the City during the Comprehensive Site Plan review. That the following C-2 uses would not be permitted on the property: a. 36.1-206(4) - Trade and industrial schools of an industrial nature. b. 36.1-206(37) - Establishments primarily engaged in the sale or rental of automobiles, trucks, and construction equipment and including the incidental repair and maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet. Roanoke City Planning Commission Architectural Review Board Board of Zonin~peals c. 36.1-206(46) - Kennels with no outside pens or"runs." 3. Existing trees within the landscaping buffer will be retained. The neighborhood organization for this area is the Grandin Court Civic League. The group does not meet regularly and has not been active. Notice of the rezoning was sent to the last known neighborhood leader. To date, staff has not received any comments on the proposed rezoning. Mr. Richard M. Moore, CPA, representing MDR Tax and Financial Services, located at 3058 Brambleton Avenue, has expressed concerns regarding storm water runoff, as he currently experiences problems from the existing properties during heavy rains. A copy of his letter is attached. Storm water management will be addressed in detail during Comprehensive Development Plan Review of the project. The petitioner has indicated a desire to work with the adjacent property owner to resolve any issues. Planning Commission public hearing was held on 2/15/01. Maryellen F. Goodlatte, attorney for the petitioner, presented the rezoning request. Mr. Chris Chittum, City Planner, gave the staff report and recommended approval of the request. Amy Hodges (3049 Timberlane Avenue, S.W.) addressed the Commission and asked several questions with respect to the need for the rezoning and the future uses of the property. It was explained that the adjacent commercial use was a grandfathered commercial use and that use of the subject property would require a rezoning. The proffered conditions would address future development and uses of the property. Considerations: A variety of neighborhood commercial and residential uses adjoin the site. C-2 zoning is located across Brambleton Avenue and includes such general commercial uses as a convenience store/gas station and fast food restaurants). Zoning to the east of the subject properties is RM-2 and includes several duplexes. To the rear of the properties are single family homes, zoned RS-3, some located in Roanoke City and some in Roanoke County. Zoning to the west of the property is RS-3; however, the land use is a nonconforming commercial office structure. The City Traffic Engineer has advised that there are no issues with respect to traffic generation or access for the proposed development. The City Engineer has advised that there are no problems with utilities or other infrastructure. The 20-year Roanoke Valley Thoroughfare Plan recommends widening Brambleton Avenue to four lanes from Brandon Avenue to the city limits. At present, the proposed improvements to the now two-lane road are not included in the City's 6-year Transportation Improvement Plan and no funding has been allocated. An ordinance has been adopted which establishes a setback of 60' for future right of way in front of the properties. It is expected that the proposed development would not affect future 2 road widening. A shared entrance onto Brambleton Avenue is part of the proffered development plan. Residential uses adjacent to the subject properties are proposed to be buffered by existing vegetation which consists of mature trees. The proffered development plan proposes no physical changes to the subject property except parking in the front and side. Residential uses at the rear of the properties will be separated from the commercial uses by a distance of approximately 25 feet. The petitioner intends to retain existing trees within the buffer and has proffered that as a condition. A fence may be needed along the back property line to augment existing vegetation, which can be determined during development plan review. The Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. Possible changes in zoning and land use adjacent to residential areas should be carefully considered and designed to conserve and enhance neighborhood quality. Conflicts between residential and commercial uses should be improved with landscaping and buffering. Where possible, preservation of existing vegetation should be encouraged. Development of new or existing commercial areas should be carefully planned and designed to promote quality development and good land use. Strip commercial development should be minimized. Where new commercial activity is encouraged, development should focus on reduced curb cuts, reduction of visual clutter and concentration of commercial development in centers around major intersections. Recommendation: Planning Commission, by a vote fo 5-0, (Messrs. Butler, Chrisman, Dowe, Hill and Rife voting in favor of the motion and Mr. Manetta absent) recommended that City Council approve the request. The subject properties are appropriate for Iow intensity commercial development. The proffered conditions address the development and land use of the properties. Existing trees within the landscaped buffer between the commercial and residential uses will be retained. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission cc~ Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Maryellen F. Goodlatte, Attorney for the Petitioner 4 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 January 17, 2001 File #51 Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on January 17, 2001, from Maryellen F. Goodlatte, Attorney, representing Lorna M. Hall, requesting that two tracts of land located at 3034 and 3042 Brambleton Avenue, S. W., identified as Official Tax No. 1650903 and 1650946, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. -Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure C:\MyFiles\Rezonings.OO\Loma M. Hall.wpd Melvin L. Hill January 17,2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Maryellen F. Goodlatte, Attorney, P. O. Box 2887, Roanoke, Virginia 24001 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner C:\MyFiles\Rezonings.OO~oma M. Hall.wpd GLENN I £LDMANN DARBY GOODLATTE .qLi[re 200 Post ©:'rice Box 2887 Roanoke. Virginia 24~t 54O 22-* 8000 F~:.: 5402248050 gtdg~ogfdg.com January 17, 2001 IV[ARYELLEN F. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatle~gfdg.com HAND DELIVERED Ms. Mary F. Parker, CMC/AAE City Clerk, City of Roanoke Office of the City Clerk 215 Church Avenue, S.W. Municipal Building, Room 456 Roanoke, Virginia 24011 Re' Loma M. Hall / Rezoning of two tracts of land located at 3034 Brambleton Avenue, S.W. and 3042 Brambleton Avenue, S.W. Dear Mary: We enclose an original Second Amended Petition, with all exhibits attached thereto. This petition will supersede the one we delivered to your office on Friday, January 12. This matter is scheduled to be considered by the Planning Commission at tomorrow's public hearing. If you have any questions or need further information, please do not hesitate to call me. Very truly yours, Maryellen F. Goodlatte MFG:lnh:4633000 Enclosures Ms. Loma M. Hall (w/enc.) Mr. Chris Chitmm (w/enc.) Ms. Evie Lander (w/enc.) IN THE COLTNCIL OF THE CITY OF ROANOKE. VIRGINIA Rezoning of two tracts of land located at 3034 Brambleton Avenue, S.W. and 3042 Brambleton Avenue, S.W., identified as official Tax Map Numbers 1650903 and 1650946, from RS3 (Residential Single Family District) to C2 (General Commercial District), such rezoning to be subject to certain conditions. SECOND AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Petitioner LORNA M. HALL owns real property in the City of Roanoke, Virginia, containing 1.60 acres, more or less, located at 3034 and 3042 Brambleton Avenue, S.W. and being Tax Map Numbers 1650903 and 1650946, respectively. The property is currently zoned RS3. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, Petitioner requests that the said property be rezoned from RS3 (Residential Single-Family District) to C2 (General Commercial District), subject to certain conditions set forth below, for the purpose of permitting general and professional offices to operate in the two existing buildings on the property. The preliminary development plan prepared by David Perfator, dated December 6, 2000 and revised January 9, 2001, is attached hereto as Exhibit B, ("Development Plan"). Your petitioner believes the rezoning of the property will further the intent and purposes of the City's Zoning Ordinance and its Comprehensive Development Plan. This property is located in a commercial strip along Brambleton Avenue. It adjoins property already used as professional offices. Located between commercial uses, it is an example of an appropriate in-fill use where single family residential would not develop. Your petitioner hereby proffers and agrees that if the said tract is rezoned as requeSted, that the rezoning will be subject to, and that she will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the Development Plan made by David Perfator, dated December 6, 2000, revised January 9, 2001, and attached to this petition as Exhibit B, subject to any changes required by the City during the Comprehensive Site Plan review. 2. That the following C2 uses would not be permitted on the property: 36.1-206 (4) Trade and vocational schools of an industrial nature. 36.1-206 (37) Establishments primarily engaged in the sale or rental of automobiles, trucks, and construction equipment and including the incidental repair and maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet. 36.1-206 (46) Kennels with no outside pens or "runs." 3. Existing trees within the landscaping buffer will be retained. 2 Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or properties immediately adjacent to, immediately across a street or road from the property to be rezoned. WHEREFORE, your Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. This Second Amended Petition is respectfully submitted this 17th day of January, 2001. LORNA M. HALL, an individual d Of Counsel Maryellen F. Goodlatte, Esq. Glenn, Feldmarm, Darby & Goodlatte 210 1 st Street, S.W., Suite 200 P. O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Telephone (540) 224-8050 - Facsimile mgoodlatte~gfdg.com CONSENTED TO: Loma M. Hall 3 GFDG Attached as Exhibit C are the names, addresses and tax numbers of the owners of ,1l lots or properties immediately adjacent to. immediately across a street or road from the property to be rezoncd. WHEREFORI~, you,' P~titionor rofluoata thnt thc abovc-doacribcd fa'act bo ro~:on~cl Roanoke. Thia Second Amended Petition is respectfully submitted this 17th day of January, 2001. LORNA M, HALL, an individual ff Of Counsel '" Mary~llen F. Ooodlatte, Esq. Ol~, Feldmann, Darby & Goodlatte 210 1st Street, S.W., Suite 200 P, O. Box 2887 Roanoke, Virginia 24001-2887 (540) 224-8018 - Tel~-phone (540) 224-8050 - Facsimile mgoodlatter~gfdg, corn CONSENTED TO: Lo/ma M. Hall / -'/ q't,'l, a ADJOINING PROPERTY OWNERS Tax Map Number Owner(s) Name(s) and Address CITY OF ROANOKE, VIRGINIA: 1650940 Dennis O. & Sharon H. Guthrie, Jr. 3022 Hollowell Avenue, S. W. Roanoke, Virginia 24015 1650939 Alberta G. Richards '3026 Hollowell Avenue, S. W. Roanoke, Virginia 24015 1650938 Lyrm M. Hawk/ns 3027 Hollowell Avenue, S. W. Roanoke, Virginia 24015 1650925 Curtis E.&Ellen H. Fuller 1942 BrandonAvenue Roanoke, Virginia 24010 1650518 JRN Chicken Stores c/o Savage, Savage & Brown P. O. Box 22845 Oklahoma City, Oklahoma 73123 1650517 Edwin A. Chaney - c/o Misty Meadows 3033 Brambleton Avenue, S. W. Roanoke, Virginia 24015 1650536 Roanoke Valley LLC P. O. Box 12203 Roanoke, Virginia 24023 1650902 Richard M. & Mary L. Moore 3048 Brambleton Avenue, S. W. Roanoke, Virginia 124015 Zoning RS3 RS3 RS3 C2 C2 C2 RS3 Tax Map Number COUNTY OF ROANOKE, 077.10-01-02.00-000 077.10-01-03.00-0000 077.10-01-04.00-0000 077.10.01-05.00-0000 Owner(s) Name(s) and Address VIRGINIA: John Stephen Williams 3063 Timberlane Avenue Roanoke, Virginia 24018 Ronkeith & Judith Ann Adkins 3057 Timberlane Avenue Roanoke, Virginia 24018 Charles D. & Audrey B. Coffey 3049 Timberlane Avenue Roanoke, Virginia 24018 Joel L. & Vickie B. McCubbin 3041 Timberlane Avenue Roanoke, Virginia 24018 Zoning R1 R1 R1 R1 Tax & Financial Services 3048 Brambleton Avenue, S.W., Roanoke, Virginia 24015 · (540) 772-7611 · Fax: (540) 772-9332 January 8, 2001 Ms. Martha P. Franklin, Secretary Roanoke City Planning Commission Room 166 Municipal Building 215 Church Avenue SW Roanoke, VA 24011 Dear Ms. Franklin: JAN 1 0 20111 I have received your letter dated December 29, 2000 regarding the rezoning request from Lorna M. Hall for the properties at 3034 and 3042 Brambleton Ave. I am very concerned about any potential changes that might affect my property. I want to make you aware that my property lies below the property being proposed for rezoning. I purchased this property three years ago from Dr. Lowe who was also the previous owner of the property at 3042 Brambleton Ave. Since purchasing this property we have had considerable problems with water run off from the properties at 3034 and 3042 Brambleton Ave. running onto our propery during heavy rains. This has caused occasional flooding in the crawl space of our building. I intentionally did not pursue this issue with Dr. Lowe due to his health problems and in consideration for his having sold the property to me. I feel strongly that before any rezoning is approved, appropriate proffers should be included in the rezoning request that will provide adequate storm water retention so that all storm water is retained and dealt with properly on those properties. Any additional paving on these properties will certainly be detrimental to my property. I would appreciate being kept informed as to what position that your office will take regarding this rezoning petition. I intend to appear at the meeting on'January 18a' and will oppose the rezoning unless adequate proffers are included in the rezoning petition which adequately address my concerns. Please feel free to call me with any questions which you may have regarding my concerns. Sincerely, · Richard M. Moore, CPA Richard M. Moore Jr., Registered Representative · Securities Offered Through H. D. Vest Investment Securities, Inc. Member SIPC Advisory Services Offered Through H. D. Vest Advisory Services, Inc. 6333 North State Highway 161, Fourth Floor, Irving, TX 75038 · (972) 870-6000 The Roanoke Times Roanoke, Virginia ~ .. Affidavit of Publication The Roanoke Times °0] GOODLATTE, MARYELLEN P. O. BOX 2887 ROANOKE VA 24001 REFERENCE: 80041350 01602847 Brambleton rezonin9 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 followin~ dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this _J_~/~_day of Febru~r~ 2001. W~t~e~s my hand and official seal._~~~~ , Notary Public My commission expires- - ~~/% _~ji_~_~_~__- PUBLISHED-ON: 02/02 02/09 TOTAL COST: 199.00 FILED ON: 02/14/01 TO W~OM rr MAY CO~CE~N: (1979), ~s smend~l, the cH o~the ~~Mll Ch~r In ~e Mun~ Tax NOS. 1~50903 ~nd In~~ ~ ~, 2~ S i~nat~Lr~._/~~_--_~/__~/_~~_ , Billin~ Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Tuesday, February 20,2001, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from RS-3, Residential Single Family District, to C-2, General Commercial District, the following property: Two tracts of land located at 3034 and 3042 Brambleton Avenue, S.W., bearing Official Tax Nos. 1650903 and 1650946, respectively, subject to certain proffered conditions. A copy of this proposal, which is scheduled to be heard by the City of Roanoke Planning Commission on Thursday, February 15, 2001, at 1:30 p.m. in City Council Chambers, and may be amended at that meeting, is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541. GIVEN under my hand this 31st day of January _, 2001. Mary F. Parker, City Clerk. H:\NOTICE\N-Hall - PH 2-20~01 Please publish in the Roanoke Times once on Friday, February 2 and once on Friday, February 9. Please send affidavit to: Mary F. Parker, City Clerk, 215 Church Ave., S. W., Roanoke, Va 24011-1535. Please send bill to: Maryellen F. Goodlatte, Attorney, 210 First St., S. W., Suite 200, Roanoke, VA 24011 H:\N-Hall - PH 2-20-01 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 February 9, 2001 File #51 Mr. and Mrs. Dennis O. Guthrie, Jr. Ms. Lynn M. Hawkins JRN Chicken Stores Roanoke Valley LLC Mr. John S. Williams Mr. and Mrs. Charles Coffey Ms. Alberta G Richards Mr. and Mrs. Curtis Fuller Mr. Edwin A. Chaney Mr. and Mrs. Richard Moore Mr. and Mrs. Ronkeith Adkins Mr. and Mrs. Joel McCubbin Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Lorna M. Hall that two tracts of land located at 3034 and 3042 Brambleton Avenue, S. W., identified as Official Tax No. 1650903 and 1650946, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. If you would like to receive a copy of the report of the City Planning Commission, please contact the City Clerk's Office. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Mary F. Parker, CMC City Clerk MFP:sm H:\Public Heanngs.Ol\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: c[erk;¢ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk February 9, 2001 File #51 Maryellen F. Goodlatte, Attorney P. O. Box 2887 Roanoke, Virginia 24001 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Tuesday, February 20, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Lorna M. Hall that two tracts of land located at 3034 and 3042 Brambleton Avenue, S. W., identified as Official Tax No. 1650903 and 1650946, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Copy of the report of the City Planning Commission will not be available until Friday, February 16. It will be necessary for you, or your representative, to be present at the February 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure H:~Public Heanngs.01\February 20, 2001~wpd NOTICE OF PUBLIC HEARING BEFORE TH~OANOK~E GIT~PLANNING COMMISSION 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: Request from Lorna M. Hall, represented by Maryellen F. Goodlatte, Attorney, that property located at 3034 and 3042 Brambleton Avenue, S.W., designated as Official Tax Nos. 1650903 and 1650946, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. 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 Please send affidavit of publication to: Department of Planning and Code Enforcement Room 166, 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 !-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 G. Michael Pace, Attorney Gentry Locke Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24022-0013 Dear Mr. Pace: I am enclosing copy of Ordinance No. 35219-030501 rezoning certain property located at 2109 and 2115 Peters Creek Road, N. W., identified as Official Tax Nos. 6370301, 6370302 and 6370304, from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2001, also adopted by the Council on second reading on Monday, March 5, 2001, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure po: Westminister Presbyterian Church, 2216 Peters Creek Road, N. W., Roanoke, Virginia 24017 Messrs. Paul and Gary Duncan, P. O. Box 8, Blacksburg, Virginia 24063 Messrs. Harold, Michael and Kevin Wingate, P. O. Box 6014, Roanoke, Virginia 24017 Rocky Ridge Properties, Inc., P. O. Box 21082, Roanoke, Virginia 2418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 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. WHEREAS, Ruth B. Hartman, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on February 20, 2001, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain property located at 2109 and 2115 Peters Creek Road, N.W., and designated on Sheet No.637 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6370302, 6370304 and 6370301, respectively, be, and are hereby rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on February 20, 2001, and that Sheet No. 637 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD- KEZ\O- Rcz- Hartman- PetersCrkR. d. PH.2.20.01 HARTERED 1882~ Roanoke City Department of Planning and Code Enforcement4. Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us February 20, 2001 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Ruth B. Hartman, Kevin and Susan Walker, and GAD Management, that property located at 2109 Peters Creek Road, N.W., Official Tax Nos. 6370302 and 6370304, and 2115 Peters Creek Road, N.W., Tax No. 6370301, be rezoned from RS- 3, Residential Single-Family District, to C-2, General Commercial District, subject to certain proffered conditions. Background: The proposed rezoning consists of three parcels, currently zoned RS-3, Single Family Residential, located at the intersection of Peters Creek Road and Woodbridge Avenue, N. W. The petitioner proposes to develop the site for a J. D. Byrider franchise, which finances pre-owned cars that they have on site. A Petition to Rezone the property from RS-3 to C-2 was filed on December 7, 2000. Proffered conditions of the rezoning are: The uses of the Properties shall be limited to the following uses permitted by right in the C-2, General Commercial District: a. Nonprofit counseling facilities and services; b. Day care centers with unlimited capacity subject to the requirements of Section 36.1-510, et seq; c. General and professional offices, including financial institutions; d. Medical offices; e. General service establishments engaged in the repair or maintenance of goods or items except automobiles, trucks, or construction equipment, and including the provision of business and personal services and other similar uses; f. General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, Roanoke City Planning Commission Architectural Review Board Board of Zoning~.~peals ho trucks, and construction equipment; and including the incidental repair and assembly merchandise goods or products to be sold on the premises; Establishments primarily engaged in the sale or rental of automobiles, trucks, and construction equipment and including the incidental repair and maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet.) Auto accessory sales with related installation. Automobile cleaning facilities. Automobile repair establishments except painting and body shops. The exterior architectural features of the new structure to be constructed on the Properties shall be substantially similar to the Prototype elevation as shown on Exhibit C. ° Upon completion of the building to be constructed on the Properties and before a certificate of occupancy, either temporary or permanent, is issued for said building, a buffer shall be planted and maintained on the Properties along Woodbridge Avenue and along the rear of the Properties in order to limit the visibility of the Project from the Woodbridge residential area. Based upon a letter from the petitioner dated November 15, 2000, a meeting was held with residents and members of the Westview Terrace Community Association to discuss the proposed development. The letter (attached) advises that there was general acceptance of the proposal. However, staff has received a call from Harold Wingate an adjacent property owner, who expressed concern about the impacts of an automobile dealership on the residential neighborhood located to the rear of the site. Planning Commission public hearing was held on February 15, 2001. Mr. Mike Pace, attorney for the petitioner, presented the rezoning request. Mr. David Diaz, City Planner, presented the Planning staff report and recommended denial of the request, advising other vacant C-2 property of sufficient size to accommodate the proposed development was located in the immediate vicinity of the subject properties. While the properties requested for rezoning may be better used for some type of commercial purpose, Woodbridge Avenue is the entrance to a residential neighborhood and any future land use should be of a Iow-intensity nature, such as office or other uses permitted in a C-1 District. Mr. Pace agreed to proffer the proposed development plan, by Kinsey Shane & Associates, at the Commission's meeting. Mr. Kermit Plummer (1652 Garstland Drive) addressed the Commission in support of the proposed rezoning. He advised that residents were in support of the development. Mr. Merle Whitbeck (1306 Angus Road) recommended approval of the rezoning based upon land uses on Peters Creek Road. A First Amended Petition has been prepared (see attached copy) and is to be filed upon receipt of the signatures of the property owners. Please note that property owner signatures are required for the proffered conditions to be enforceable. Considerations: Zoning along Peters Creek Road is primarily C-2. Other vacant C-2 property exists in the immediate vicinity. The property to the north of the properties at the other corner of Woodbridge and Peters Creek Road is zoned C-2, but includes a proffered condition that restricts the land use to C-1, Office District, uses. The area to the south was recently rezoned from RS-3 to C-2 for a Harley Davidson dealership. The residential neighborhood to the east of the subject properties is zoned RS-3. The land uses of the surrounding properties include a variety of commercial, residential and institutional uses. The two main land uses across the street include an automobile dealership and a church. To the rear is a residential neighborhood consisting of single- family homes. The area to the north contains professional and medical offices. Utilities for water and sewer are available to the property. Storm water management would have to be handled on site in accordance with the City's development regulations. The subject property is located below the existing residential neighborhood. Recent improvements to storm water management in this area include a regional detention basin upstream of the subject properties. The City Traffic Engineer does not anticipate traffic issues with the proposed development. However, no detailed development plan was submitted for review; only a building elevation was provided. Proffered development plan indicates commercial parking and building to front half of property with a buffer area between commercial and residential uses. Lighting of the proposed development also may affect the adjacent residential neighborhood. No details for lighting of the facility have been provided. The comprehensive plan recommends that: Neighborhood character and environmental quality should be protected. Possible changes in land use or new development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Development of new or existing commercial areas should be carefully planned and designed to promote quality development and good land use, 3 Encourage new commercial activity that is concentrated in centers at major intersections, rather than strip commercial development. Recommendation: By a vote 5-0 (Messrs. Butler, Chrisman, Dowe, Hill and Rife voting in favor of the motion and Mr. Manetta absent), the Planning Commission recommended that City Council approve the rezoning request. An executed First Amended Petition to Rezone is expected prior to Council's action on this matter. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission attachments cc: Darlene Burcham, City Manager William Hackworth, City Attorney George C. Snead, Jr., Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney G. Michael Pace, Attorney for the Petitioner 4 IN TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of those certain parcels of real property, located at 2109 & 2115 Peters Creek Road, Roanoke, Virginia, designated as Tax Map Nos. 6370301, 6370302 and 6370304, from RS-3, Residential Single-Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF TIlE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: The Petitioners, Ruth B. Hartman, the owner of those certain parcels of land in the City of Roanoke, together containing approximately 0.78 acre, located at.2109 Peters Creek Road, Tax Map Nos. 6370302 and 6370304, and Kevin M: Walker and Susan T. Walker, the owners of that certain parcel of land in the City of Roanoke, containing approximately 0.55 acre, located at 2115 Peters Creek Road, Tax Map No. 6370301, and GAD Management, the contract purchaser of the parcels identified above (the "Properties"), hereby request that the Properties, pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, with conditions. A map of the Properties is attached as Exhibit A and a recent survey of the Properties is attached as Exhibit B. The Petitioners believe that the rezoning of the Properties will further the intent and purposes of the City's Ordinance and its Comprehensive Plan, in that it will provide for continued controlled and appropriate commercial development along Peters Creek Road in a manner consistent with the oVerall pattern of development in the area. The Petitioners hereby proffer and agree that if the Properties are rezoned, the rezoning will be subject to, and the Petitioners will abide by, the following conditions: 1. The uses of the Properties shall be limited to the following uses permitted by right in the C-2, General Commercial District: ao co Nonprofit counseling facilities and services; Day care centers with unlimited capacity subject to the requirements of section 36.1-510 et seq; General and professional offices including financial institutions; Medical offices; General service establishments primarily engaged in the repair or maintenance of goods or items except automobiles, tracks or construction equipment, and including the provision of business and personal services and other similar uses; { W Atransact~5282~\00729313.DOC } fo go General retail establishments primarily engaged in the retail sale or rental of merchandise, goods, or products except automobiles, trucks, or construction equipment; and including the incidental repair and assembly of merchandise goods or products to be sold on the premises; Establishments primarily engaged in the sale or rental of automobiles, trucks, and construction equipment and including the incidental repair and maintenance of vehicles where the lot area is greater than twenty thousand (20,000) square feet; Auto accessory sales with related installation; Automobile cleaning facilities; Automobile repair establishments except painting and body shops. 2. The exterior architectural features of the new structure to be constructed on the Properties shall be substantially similar to the Prototype elevation as shown on Exhibit C. 3. Upon completion of the building to be constructed on the Properties and before a certificate of occupancy, either temporary Or permanent, is issued for said building, a buffer shall be planted and maintained on the Properties along Woodbridge Avenue and along the rear of the Properties in order to limit the visibility of the Project from the Woodbridge residential area. Attached as Exhibit D are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediate across a street or road from the property be rezoned. Wherefore the Petitioners request that the Properties be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ ~t, day of December, 2000. Owner of land designated as Tax Map Nos. 6370302 & 6370304 Ruth B. Hartman Owners of land designated as Tax Map No. 637301 Kevin M. Walker By: Susan T. Walker { W:Rransacfi5282~4~)0729313 .DOC ) Contract _. rchaser: GAD Management Its~ { W:\wansact~5282~4~00729313.DOC NOTE 'A°: SEE 0EEO BOOK 224, PAGE B9 FOR POSSIBLE WATER RtGHTS OF OTHERS TO THE WELL ON LOT 3. NOT[ 'B': THE SOIL [NTRANCE ON LOT 4 I$ USED BY OWNER OF LOT $ AS AN ALTERNATE ACCESS TO THE BEAR OF LOT 5. 2" PIPE GARAGE 0.5' CLEAR POLE LOT 3 LOT $ LOT 4 T,4,YO*~?.,.~9 ACRE "~J' 6*370304 //_ 4~, mON PtPC WOOD POST LOT 2 ACRE 6370302 · ;o LOT ! ~I~AL CLEAR FRAUE F'BAri,iE PO~r ON UNC AT 228.0' OLD iRON PIN NAIL TO COVE ROAD PoLE , N 08'27'00" E ,SET PETERS CREEK ROAD, N.W. TO MELROSE AVE. VA. PRIMARY RTE. NO. 117 LEGAL REFERENCE: R/W VARIES O.a. 'lS7O. ~0. 1672 o.g. 1:60, POS. 335, 338 (BOA. CO.) NOTE: THIS PLAT IS SUBJECT TO INFORMATION WHICH ),lAY TAX NO. 6370301 BE OISCLOSED BY A TITLE REPORT BY A LICENSED TAX NO. 6570302 ATTORNEY. TAX NO. 6370304 NOTE: THE SUBJECT PROPERTY IS LOCATED IN FLOOD INSURANCE ZONE 'X" SO DESIGNATED BY F.E:.U.A. SURVEY .FOR OAR¥ DUNCAN OF LOTS 2. 3, AND 4. MAP SHOaliNG SURVEY /~ADE FOR ~.J. HART~/AN (ROA. CO. O.B. ~$0. PC. ~37) R OA NOKE, VIR CINIA SCALE t" = 50' NOVEMBER 9, 2000 DAVID A. BE$~ LLC t~ND SURVEWNG ~IOOA PETERS CREEK RD ROANOK~ VA 24019 IN.B, FILE 1 0-002 t~YR Z 0 Exhibit D List of Adjoining Landowners TAX MAP NO. NAME & ADDRESS I ZONING LOT S.F. DESIGNATION 6141402 Westminister Presbyterian Church RM-2 87,120 2216 Peters Creek Road, N.W. Roanoke, VA 24017 6141403 Paul & Gary Duncan C-2 259,182 P.O. Box 8 Blacksburg, VA 24063 6140612 Paul & Gary Duncan C-2 29,926 P.O. Box 8 Blacksburg, VA 24063 6370206 Harold, Michael 8,: Kevin Wingate C-2 40,51 P.O. Box 6014 Roanoke, '.VA 24017 6370207 Harold, Michael & Kevin Wingate C-2 4,661 P.O. Box 6014 Roanoke, VA 24017 6370208 Harold, Michael & Kerin Wingate RS-3 14,560 P.O. Box 6014 Roanoke, VA 24017 6370303 Rocky Ridge Properties, LLC XS-3 32,670 P.O. Box 21082 Roanoke, VA 24018 6370305 Stephen Ronald Hartman RS-3 30,753 4402 Woodbfidge Avenue, NW Roanoke, VA 24017 { W:\transactX5282W,\007¢3433 .DOC } The Roanoke Times Roanoke, Virginia~ Affidavit of Publi.~.~tion The Roanoke GENTRY, LOCKE, RAKES P. O. BOX 40013 C/O MIKE PACE, ROANOKE VA 24038 REFERENCE: 80021879 01602887 2109/2115 Peters Cr State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ...... day of February .2001. Wit~ess ~y hand and official s e a 1 . __~~~__~_~_~ ..... Notary Public My commission expires _~~t~._~_~~. PUBLISHED ON: 02/02 02/09 TOTAL COST: 199.00 FILED ON: 02/14/01 * NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: ~ Artlcie VI~,~ ~r 36.1,~: (1979), as ~lmenbed, the Codn- cji ~ the City of 'Roanoke wtJI hold a Pucik~ Healing*on Tues- day, Femumy 20, 200,1, ~t 7:00 p.m., in the Council Chamber in the MultlMpal lng fi~m RS-3, ReskMnflm Sin- gle Fam#y Oist]tct, to C-2, Gen- eral Commercial Dl~ the 2109 and 2115 Peters Creek Road, N.W., bemlng Official Tax Nos. 63'~0302, 6370304 MI(:I 6370301, re4pec~vciy~ subject to cemdn proffered conditions. A copy .of this ffopmml, which C0u~ll C~smbe~, a~ may be amended at that meeting, m available for ptJl~C Inapectlon Room 4~, I~kmlclpal Building, be heard on the queetkm, fl' you are a peramt v~th a d~ ability w~, need~ accommoda- tions for this publM hearing, contact the City Cimk's Oltlce, 853-2541. GIVEN UlMer my hand this 31st day of JanuMy, 2001. (16028871 Autho ~/ .... S gna .... /_c/7~_ , B~ll~ng Services Representative CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk March 8, 2001 File #5-28-166-330 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35220-030501 authorizing the donation and conveyance of a 15-foot easement across City-owned property to Verizon Virginia, Inc., located at 348 Campbell Avenue, S. W., to install underground facilities to provide telephone service to the new police building, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of February 5, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, February 20, 2001, also adopted by the Council on second reading on Monday, March 5, 2001, and will be in full force and effect ten days following the date of its second reading. Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: 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 Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2001. No. 35220-030501. AN ORDINANCE authorizing the donation and conveyance ofa 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. WHEREAS, a public hearing was held on February 20, 2001, pursuant to §§ 15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document donating and conveying a 15' 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 the report of the Water Resources Committee dated February 5,2001. ATTEST: City Clerk H:\ORD-GEl~O-Eas¢-Vcrizon-Ncw Police Bldg-Campb~l1-02-02-01 ~, _57 A.5. '0i i_~ 0~ ot~t~h~gity Manager February 20, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Verizon Easement for New Police Building 348 Campbell Avenue, SW The attached staff report was considered by the Water Resources Committee at its regular meeting on January 16, 2001. At its meeting of February 5, 2001, Council authorized the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a fifteen-foot easement across City-owned property to Verizon. Said easement will be for the installation of underground facilities to upgrade the telephone service to the new police building. ,/ Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:sf Attachments: 1 CC: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator 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 Office of the Cif/Mc?~ce- January 16,2001 To: From: Subject: Members, Water Resources Commi~ee,~l~L,,~. ~ Sarah E. Fitton, Enginee.ring C~o~o~ t~ii zDo~rl;~tr~ ~ i~ I~~U~gl~LeW Poll ce Bu ild~ing 348 Campbell Avenue, SW Background: Verizon has requested a fifteen-foot easement across City-owned property identified by Tax No. 1011306 for the installation of underground facilities to provide telephone service to the new police building. For a sketch of the site, see Attachment #1. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a f~een-foot easement across City-owned property to Verizon. Said easement will be for the installation of underground facilities to provide telephone service to the new police building. See Attachment #2. Attachments: 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance #00-201 Room 364 MuniciDal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) CityWeD:www. ci.roanoke.va.us ,,~Z,4C.E Z~URIED CA~I..V__. 1Al AFTACHMENT I ,~ ¥ J '"' ,,Vo "r 7'0 W¢4~E BLVD., ROANOKE, VA. 24012 BURIED CABLE This Deed of Easement, made this day of ,20 between VERIZON VIRGINIA,INC. hereinafter called "GRANTEE" cYr¥ oF ROANOKE t41JNICIPAL BLDG. - ROOM 350 215 W. CHURCH Ax/. ROANOKE, VA. 2/401~]. and successors or assigns hereinafter called ".GRANTOR" WITNESSETH Received of the VERIZON VIRGINIA, INC. one dollar ($1.00) in consideration of which the undersigned hereby grant and convey unto said Company, its successors, assigns, lessees and agents, a right of way and easement to construct, operate, maintain, replace and remove a communication system consisting of such buried cables, buried wires, posts, terminals, location markers and other appurtenances, as the grantees may from time to time require, upon, under, across, and over the land which the undersigned own or in which the undersigned have any interest; said land being located in the of ~ or City of ROA~OZV. and State of Virginia, and upon, under, along and over the roads, streets and highways adjoining the said land, together with the following rights: Of ingress and egress over, under and across the lands of the undersigned to and from said systems for the purpose of exercising the rights herein granted; to open and close fences, cut down and keep cut down all trees and undergrowth within 5 feet of said system: and to permit the attachment of and to carry in said system the wires, cables, circuits and appurtenances of any other Company; including all electric wires. Said easement being located and described on said land as follows: PLACE TELEPHONE CABLE AND ASSOCIATED EQUIPMENT WITHIN A 15 FT WIDE VERIZQ~ RIGHT OF WAY AND EASEMENT. REFER TO THE SKETCH ATTACHED TO AND MADE A PART OF THIS RIGHT OF WAY AGREEMENT. 368 C. At~PR~.T.T. AY_ .~W Witness hand and seal this day of ,20 (Seal) Grantor Grantor State of Virginia, of (Seal) To Wit: I, of Virginia in and for the that signed to the within writing bearing date on the ,a NOTARY of the State aforesaid, do hereby certify whose name is day of ,20__ has acknowledged the same before me in my prresence and State aforesaid. Given under my hand this day of ,20 My commission expires day of Notary Public ,20 RW# 88007 ORDER # LUoo166 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a fifteen-foot easement across the New Police Building property at 348 Campbell Avenue, S.W., for the installation of underground facilities to provide for telephone service to the new police building. Pursuant to the requirements of § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Tuesday, February 20, 2001, commencing at 7:00 p.m., in the Council Chambers in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Further information in the form of a report from the Water Resources Committee dated November 20, 2000 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 81:lxclay of February ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, February 18, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H \NOTICE-WRC-CC\N-Verizon-New Police BIdg-PH-02-20-01